Terms and Conditions
Last updated: November 02, 2015
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with website (the "Service") operated by AdPerfect Dynamic Advertising Solutions Ltd. ("AdPerfect", "us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
Content or information that is uploaded, stored, posted or otherwise made available using the Services has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any such Content or information. You acknowledge sole responsibility for and assume all risk arising from your use or reliance upon any such Content or information.
Rights and Permissions
We do not claim ownership to any of your Content, and these Terms do not grant us any intellectual property rights to your Content. However, in order to maintain your account and provide Services to you, we need certain permissions to manage your content, such as hosting and backing up your files, and sharing your Content at your request with your friends and family, and or sharing your Content at your request with the public. You grant us rights and permissions to store and access your Content in order to:
- Copy your Content for backup purposes,
- Copy or modify your Content to enable access in current file formats over time;
- Access your Content to provide technical or customer support; and
- Share your Content as directed by you or in accordance with these Terms. These permissions extend to authorized third parties who may provide services to us under legal agreements that enable access to your Content solely to perform services on our behalf and not to disclose that Content or use it for any other purposes.
Privacy and Security of your Content
Content placed in the public layer will be visible and accessible to anybody who visits the site, and the general public through web searches, email links, and similar services.
Friends and Family
Content placed in this layer will be accessible through the site only by friends and family members designated by you. You may change the list of designated people with access to this Content at any time.
Content placed in this layer will be accessible through the site solely by you, or one or more persons designated by you.
We will take all reasonable measures to maintain the privacy and security of your Content according to the privacy layer in which you choose to store your Content, and will only disclose or share Content with others:
- As directed by you, including to designated people within your "friends and family" privacy layer, or to the general public in the case of Content placed in the "public" layer;
- If we believe disclosure is reasonably necessary to comply with legal processes, including but not limited to civil and criminal subpoenas, court orders, or other disclosures required by law; or
- In accordance with these Terms. Please note that despite our best efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
You are responsible for storing and maintaining your Content at the appropriate privacy layer, and for how you share your Content or communicate with other people. We are not responsible for any Content that has been shared with others or made publicly available by you or by us in accordance with these Terms. We are not responsible for any loss or misuse of Content or breach of ownership or intellectual property rights by any third parties who were provided access by you, whether directly or by linking your account to third party sites or services, or in accordance with these Terms.You represent and warrant that:
- You own your Content or you have the right to use it and grant us the rights and licenses as provided in these Terms, and
- The storing, linking, or posting of your Content on or through the Services is not unlawful and does not violate the privacy rights, publicity rights, copyrights, other intellectual property rights or contract rights or any other rights of any person.
If you choose to make your Content publicly available using the Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. Please consider carefully the Content you choose to make publicly available in your public layer, as others may copy it, modify it, or re-share it. We have no responsibility for Content you choose to make publicly available except to maintain the availability of Content in your public layer.
You may modify, delete or remove your Content at any time, except to the extent you have shared your Content with others who may have copied, saved and not deleted it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Service or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
The Service and all contents, including but not limited to text, images, graphics or code are the property of AdPerfect and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with AdPerfect. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of AdPerfect or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by AdPerfect.
AdPerfect has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AdPerfect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We h3ly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You agree that you will not do any of the following while using or accessing the Services:
- Attempt to access or search the Services or download information or data through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- Gather and use information, such as other users names, real names, or email addresses, to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
- Use the Services for any commercial purpose, or for the benefit of any third party, or in any manner not authorized by these Terms;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual or entity to do any of the foregoing. We reserve the right to investigate violations of any of the above and involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
When posting Content or using the Services, you agree not to use the Services in an unlawful or inappropriate manner, including, but not limited to:
- Submitting material that violates a third party's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
- Publishing falsehoods or misrepresentations that could damage us, our users, or any third party;
- Publishing any private information of someone, like their address, phone number, email address, and similar information without their permission;
- Submitting material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Posting advertisements or solicitations;
- Impersonating another person or representing yourself as affiliated with us or our staff;
- Soliciting a user's password or other account information; or
- Harvesting user names, addresses, or email addresses for any purpose
We do not have an obligation to review or edit any Content, or to monitor use of the Services or any interactions between you and other users or third parties (including friends and family). You are solely responsible for the Content you post and your interaction with other users or third parties. However, we reserve the right to monitor and review Content and interactions, for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, without prior notice, to limit communication between you and other users or third parties in the case of unwanted or inappropriate communication, and to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
Changes to Services
We may modify, update, improve, replace or discontinue features, functionality or services within the Services from time to time in our sole discretion. We will endeavor to notify you of material changes, but there may be instances where changes are made without notice to you.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless AdPerfect, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
AdPerfect, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
AdPerfect makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
AdPerfect its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and AdPerfect chooses not to immediately act, or chooses not to act at all, AdPerfect will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. AdPerfect does not waive any of its rights. AdPerfect shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.