Terms of Service

These Terms of Service govern your use of Remnant: the marketplace at remnant.sale, the publisher console, and the services behind them (together, the "Service"). Remnant is a marketplace where publishers ("Publishers") list unsold print advertising space ("Placements") and advertisers and agencies ("Buyers") book it.

You accept these Terms when you tick the box that says so at checkout or in the console, or when you otherwise use the Service. If you use Remnant for a company or other organization, you confirm that you are authorized to accept these Terms on its behalf, and "you" includes it.

Three other documents apply alongside these Terms: the Insertion Order Terms, which govern every booking between a Buyer and a Publisher; the Publisher Agreement, which applies to Publishers; and the Privacy Policy, which explains how we handle personal information. Each is published at remnant.sale with its version and the date it takes effect.

1. What Remnant does, and what it does not

Remnant runs the marketplace. It hosts Publishers' listings, takes Buyers' bookings and payments, issues the insertion order for each booking, and handles refunds and claims about bookings.

When a Buyer books a Placement, the contract for the advertising is between the Buyer and the Publisher, under the Insertion Order Terms. Remnant is not the publisher of any title listed on the Service and is not a party to that contract, except in its roles of collecting payment for the Publisher and reviewing claims as those terms describe.

Publishers are responsible for their listings, including their accuracy and their circulation and audience figures. Remnant does not verify listings in advance and does not promise that a Placement will produce any particular result.

2. Accounts

• You must be at least 18 and use the Service for business purposes.
• Each account is either a Buyer account or a Publisher account. Sign-in is provided by Auth0. Keep your sign-in details to yourself, and tell us promptly at support@remnant.sale if you believe your account has been used without your permission.
• You must give accurate information about yourself and your business and keep it up to date. You are responsible for the activity under your account.

3. Listings and bookings

• Publishers set each Placement's price, run date, sell window, quantity, specifications and materials deadline, and may state a cancellation policy and publisher terms for each publication. Buyers are shown these before they book.
• Each Placement is booked as its own order. Checkout confirms that the Placement is still available before any payment is taken.
• A booking is complete when the Buyer's payment succeeds. An insertion order is then formed between the Buyer and the Publisher on the terms recorded for that order, and Remnant sends a copy to both.

4. Payment

• Buyers pay the listed price through Stripe. Remnant does not add fees for Buyers, and card details are entered on Stripe's pages, never on Remnant's.
• Remnant collects payment as the Publisher's limited payment collection agent. When a Buyer's payment to Remnant succeeds, the Buyer has paid the Publisher for that Placement, and the Publisher may not ask the Buyer to pay for it again.
• Payments are made on the Publisher's behalf, so a Buyer's card statement may show the Publisher's name rather than Remnant's.
• Publishers pay Remnant a commission on each order, as the Publisher Agreement describes.

5. Cancellations and refunds

• Before payment, a Buyer may cancel or release a checkout at any time, and nothing is charged.
• After payment, a Buyer may cancel only as the cancellation policy recorded on the insertion order allows. Requests go to support@remnant.sale.
• If a Placement does not run as booked because of the Publisher, the Buyer is refunded in full, whatever the cancellation policy says (see section 6).
• Refunds go back to the original payment method through Stripe. Card refunds usually take 5 to 10 business days to appear.

6. When a Placement does not run as booked

Remnant stands behind the bookings made through it:

1. Raise the problem with the Publisher first, using the contact details on your insertion order.
2. If it is not resolved within 7 days after the run date, or the Publisher does not respond, write to support@remnant.sale. Claims must reach us within 60 days after the run date.
3. Remnant reviews the records of the booking, including the insertion order, what each side recorded in the Service and any proof of publication, and may ask both sides for more information.
4. If the Placement did not run, or ran with a material error caused by the Publisher, Remnant refunds the Buyer and recovers the Publisher's share from the Publisher.

Remnant's decision settles whether a refund is made of the payment it processed. It does not limit any other rights the Buyer and the Publisher have against each other.

7. Chargebacks

Please contact support@remnant.sale before disputing a charge with your bank; most problems are resolved faster that way. If a charge is disputed, Remnant gives the bank the records of the booking, including the insertion order and any proof of publication, and the Publisher's share of the payment is held back while the bank decides.

8. Acceptable use

• Do not list space you do not control, or book Placements you do not intend to honor.
• Do not submit advertising that is unlawful or deceptive, or that infringes anyone's rights. Publishers may decline materials as the Insertion Order Terms allow.
• Do not use Remnant to find a Buyer or a Publisher and then arrange a Placement listed on Remnant outside Remnant to avoid its fees.
• Do not interfere with the Service, test it for vulnerabilities without our written permission, or scrape it by automated means beyond ordinary browsing.

9. Content you provide

You keep ownership of the content you put on the Service, such as publication profiles, images, media kits, spec sheets, sample editions and proof of publication. You give Remnant a non-exclusive, worldwide, royalty-free license to host, reproduce and display that content to operate and promote the marketplace, for as long as it is on the Service and afterwards in the records of completed orders. You confirm that you have the rights needed to grant this license.

10. Remnant's property

The Service, its software, and Remnant's name and logos belong to Remnant. These Terms do not give you any right to them beyond using the Service as intended.

11. Privacy

The Privacy Policy explains what Remnant collects and why, including the record it keeps of what you agree to.

12. Changes to the Service and to these Terms

• Remnant may change the Service. Where we reasonably can, we tell you in advance of a change that materially reduces what the Service does for you.
• Every version of these Terms, the Publisher Agreement and the Insertion Order Terms is dated and stays available at remnant.sale. We give at least 14 days' notice of material changes, by email or in the Service, unless a change is required sooner by law or to protect the Service.
• Buyers accept the current Terms and Insertion Order Terms at each checkout. Publishers are asked to accept material changes in the console. An order remains governed by the versions accepted when it was booked.

13. Suspension and termination

We may suspend or close an account that breaches these Terms or puts Buyers, Publishers or Remnant at risk, with notice where we reasonably can. You may close your account by writing to support@remnant.sale. Orders already booked are still run or refunded as their terms provide, and the records of completed orders are kept as the Privacy Policy describes.

14. Disclaimers

The Service is provided as it is and as available. To the extent the law allows, Remnant makes no warranties beyond those in these Terms, including about the accuracy of listings or of circulation and audience figures, the results of any advertising, or the uninterrupted availability of the Service.

15. Limitation of liability

To the extent the law allows:

• Remnant is not liable for indirect, incidental, special or consequential losses, including lost profits or lost sales, or for the acts or omissions of any Buyer or Publisher.
• Remnant's total liability for claims arising from an order is limited to the amount paid for that order, and for all other claims to one hundred US dollars (US $100).

These limits do not apply to liability that cannot be limited by law, or to fraud or willful misconduct.

16. Indemnity

You will defend and indemnify Remnant against third-party claims, and the resulting losses and reasonable costs, arising from content you provide, your listings or advertising, your breach of these Terms, or your violation of law or of anyone's rights.

17. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Before starting a legal proceeding, you and Remnant will each try to resolve a dispute informally for at least 30 days after written notice of it. A proceeding must be brought in the state or federal courts for the county in which Remnant has its principal place of business, and you and Remnant consent to their jurisdiction; either side may instead bring a claim in small-claims court where it qualifies. Where the law allows, a claim must be brought within one year after it arose.

18. General

• These Terms, the Insertion Order Terms, the Publisher Agreement (for Publishers) and the Privacy Policy are the entire agreement between you and Remnant about the Service. For a booking, the Insertion Order Terms govern the relationship between the Buyer and the Publisher. For Publishers, the Publisher Agreement prevails over these Terms where they conflict.
• You may not transfer your account or these Terms without our consent. Remnant may transfer them as part of a merger, acquisition or sale of its business.
• If part of these Terms is unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it.
• Neither side is liable for failing to perform because of events beyond its reasonable control.
• Notices to you are sent to the email address on your account. Notices to Remnant go to support@remnant.sale.

19. Contact

Questions about these Terms go to support@remnant.sale.