Disqus Terms of Service

DATED 2012-08-27 · VERSION 20160708_rev01 · COMPARED WITH 20150902_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20150902_rev01 to 20160708_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 - Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Disqus Service to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
 - We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for any or no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
 - You are solely responsible for your interactions with other Disqus Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Disqus shall have no liability for your interactions with other Users, or for any User's action or inaction.
+**Advertisements**. You agree that Disqus may include advertisements and/or content provided by Disqus and/or a third party (collectively "Ads") as part of the implementation of the Service. You agree to comply with any specifications that may be provided by Disqus from time to time to enable proper delivery, display, tracking and/or reporting of Ads. You will receive a payment related to the number of valid clicks on Ads, the number of valid impressions of Ads and/or other events performed in connection with the display of Ads on the Permitted Sites (as defined below), in each case as determined by Disqus in its sole discretion in accordance to the then applicable revenue share percentage. "Permitted Sites" means web sites owned, operated or controlled by you on which you have integrated the Service. Your payments will be sent by Disqus within approximately ninety (90) days after the end of each calendar quarter that Ads are running on the Permitted Sites if your earned balance is $100 or more. If you terminate this Agreement (and you have not breached this Agreement), Disqus will pay you your earned balance within approximately ninety (90) days after the end of the calendar quarter in which the Agreement is terminated by you (following Disqus' receipt of your written request, including by email, to terminate this Agreement). In no event, however, will Disqus make payments for any earned balance less than $10.
+**Advertisements**. You agree that Disqus may include advertisements and/or content provided by Disqus and/or a third party (collectively "Ads") as part of the implementation of the Service. You agree to comply with any specifications that may be provided by Disqus from time to time to enable proper delivery, display, tracking and/or reporting of Ads. You will receive a payment related to the number of valid clicks on Ads, the number of valid impressions of Ads and/or other events performed in connection with the display of Ads on the Permitted Sites (as defined below), in each case as determined by Disqus in its sole discretion in accordance to the then applicable revenue share calculation. "Permitted Sites" means web sites owned, operated or controlled by you on which you have integrated the Service. Your payments will be sent by Disqus within approximately ninety (90) days after the end of each calendar month that Ads are running on the Permitted Sites if your earned balance is $100 or more. If you terminate this Agreement (and you have not breached this Agreement), Disqus will pay you your earned balance within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by you (following Disqus' receipt of your written request, including by email, to terminate this Agreement). In no event, however, will Disqus make payments for any earned balance less than $10.
 Notwithstanding the foregoing, Disqus will not be liable for any payment based on: (a) any amounts which result from invalid clicks or impressions on Ads generated by any person, bot, automated program or similar device, as reasonably determined by Licensor, including without limitation through any clicks or impressions solicited by payment of money, false representation, or request for end users to click on Ads; (b) Ads delivered to end users whose browsers have JavaScript disabled; (c) Ads benefiting charitable organizations and other placeholder or transparent Ads that Disqus may deliver; or (d) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of this Agreement by you for any applicable pay period. We reserve the right to withhold payment due to any of the foregoing or any breach of the Agreement by you, pending our reasonable investigation of any of the foregoing or any breach of the Agreement by you, or in the event that an advertiser whose Ads are displayed in connection with the Permitted Sites defaults on payment for such Ads to us. You agree to pay all applicable taxes or charges imposed by any government entity in connection with any payments received hereunder. You acknowledge and agree that Licensor may change its pricing and/or payment structure at any time. If you dispute any payment made hereunder, you must notify Disqus in writing within fifteen (15) days of any such payment; failure to so notify Disqus will result in the waiver by You of any claim relating to any such disputed payment.
+Payment will be calculated solely based on records maintained by Disqus and no other measurements or statistics of any kind will be accepted or have any effect under this Agreement. We make no guarantee regarding the level of impressions of Ads or clicks on any Ad, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to you under this Agreement. You acknowledge and agree to claim any payments provided by Disqus to you within six (6) months of the issuance of that payment otherwise Disqus shall have the right to recapture all payments that are held by Disqus and that are due to you (if any), but which Disqus is unable to pay or deliver to you because of an Inactive Status (as defined below). "Inactive Status" means that, based on our records: (a) for a period of six (6) months or more you have not logged onto your account and have not accepted payments that we have attempted to pay or deliver to you, and (b) We have been unable to reach you, or have not received adequate payment instructions from you, after contacting you at the address shown in our records.
+Payment will be calculated solely based on records maintained by Disqus and no other measurements or statistics of any kind will be accepted or have any effect under this Agreement. We make no guarantee regarding the level of impressions of Ads or clicks on any Ad, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to you under this Agreement. Payment will only be made after you successfully submit your payment information and tax forms via the Disqus publisher dashboard. You acknowledge and agree to claim any payments from Disqus within three (3) months of the attempted issuance of that payment otherwise Disqus shall have the right to recapture all payments that are held by Disqus and that are due to you.
 Disqus reserves the right, in its sole discretion, to not run Ads on sites based on quality criteria important to our advertisers, including but not limited to: site language, brand safety of content, and user engagement.
 ## Usage License
 Subject to the terms and conditions of these Terms, Disqus grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial (i.e. you may not use the Service to provide ads) use only and as permitted by the features of the Service. Disqus reserves all rights not expressly granted herein in the Service and the Disqus Content (as defined below). Disqus reserves the right to terminate your license to use the Service at any time and for any reason or in the future to charge for commercial usage.