ADNOW LLP (herein after Adnow.com) is internet advertising agency which helps Web Publishers and Web Advertisers provide and buy internet advertising services via website adnow.com (the “Site”).
Your use of site Adnow.com is subject to these Terms of Service ("Terms"). These Terms will also be applicable to your use of the Service on a trial basis. By using the Service, you signify your acceptance of these Terms. If you do not agree to these Terms, do not use the Service at all.
You shall regularly review the site Adnow.com to obtain timely notice of such amendments. User shall be deemed to have accepted such amendments by continuing use of the Site or of your Account after such amendments have been posted on website.
Account of User:
By registration for a creating the Account, You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the jurisdiction in which you reside, and that you possess the legal right and ability to agree to and be bound to these Terms or You represent and warrant that you are legal representative of legal entity.
The Holder of Account is fully responsible for its account and is obliged to comply with Terms as stated in these Terms and in any policies or procedures posted on the Site, including but not limited to those for deposits of funds, account cashouts, payment methods, and refunds. Accounts are non-transferable.
As part of the Account registration process, you will be required to submit an email address and password and to provide contact and billing information. You agree that you will not knowingly select or use the email address of another person or impersonate another party, use an email address subject to the rights of any other party without authorization, or use an email address that Adnow.com, in its sole discretion, deems inappropriate or offensive. Adnow.com may refuse to permit you to use a specific Account name or email address for any reason. You are entirely responsible for the accuracy of your information and keeping it up-to-date and for maintaining the confidentiality of your password and contact/account information; failure to do so will constitute a breach of these Terms and Adnow.com reserves the right to terminate your Account. You agree to immediately notify Adnow.com of any unauthorized use of your Account or any other breach of security of which you become aware, including but not limited to theft or unauthorized disclosure of your password. Furthermore, you understand and agree that you will be liable for any activity performed by anyone using the Site with your Account.
Adnow.com reserves the right to terminate or to suspend access to your Account at any time. Reasons include but are not limited to your breach of any of these Terms, any credit or payment issues, if we are unable to verify any information you provide to Adnow.com, and if we suppose that your actions are illegal, fraudulent, harassing, abusive, or may cause legal liability or other harm for Adnow.com, or any other party.
During the month Holder of Account may view the online reports within Adnow.com reporting system. In all cases, we will use commercially accepted methods and practices to direct and measure traffic. Campaigns can be customized at any time by Adnow.com to comply with advertiser´s ad serving numbers.
This Agreement and the ensuing relationship between Adnow.com and Advertiser/ or Publisher shall be construed in accordance with, and governed by, the laws of UK.
Limited License to Use Site:
Adnow.com grants you a non-transferable, non-exclusive limited license to use the Site to buy and/or sell ads, but not to make any other commercial or other use of the Site or any portion thereof. Your license is effective until terminated as set forth in these Terms. This license will terminate if you fail to comply with any term or condition of these Terms and Adnow.com will have no obligation to provide notice to you of such termination.
Adnow.com reserves all rights not expressly granted herein.
Use Requirements and Restrictions:
In connection with your use of the Site or your Account, if you are a publisher or seller of ads, you agree to:
- • Accept ADNOW.COM’s terms for release of statistical information (You understand and agree that such statistics are estimates only and are subject to revision for reasons that include but are not limited to processing errors or the discovery of fraudulent clicks, and that updates of statistics are generally released, but not guaranteed for, several times a day.);
- • Notify us via email if you wish to permanently close your Account;
- • Accept ADNOW.COM’s terms for payment, cashouts, and the like, as described in Site or in e-mail sending you by Adnow.com. If you are a publisher or seller of ads, and if you sell or otherwise transfer to another party one or more of your websites, then if the other party validly has its own Account in good standing, you may request that ADNOW.COM transfer (“Push”) those websites from your Account to that other party’s Account. ADNOW.COM shall have no obligation to Push such websites if that other party does not have a valid and complete publisher Account.
In connection with your use of the Site or your Account, you must not:
- • Violate any applicable law, statute, ordinance, or regulation, including but not limited to those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising;
- • Offer or disseminate fraudulent goods, services, schemes, or promotions (such as make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
- • Infringe any party’s copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy
- • Violate any confidentiality or nondisclosure obligations you have with other parties;
- • Remove any proprietary notices from the Site;
- • Act in a manner that is defamatory, libelous, slanderous, threatening or harassing;
- • Act in a manner that victimizes harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- • Provide false, inaccurate or misleading information, impersonate any person or entity, or otherwise misrepresent your affiliate with a person or entity;
- • Harvest, collect or disseminate any information about any other Site users or Account holders, including but not limited to any personal data or information, or use such information for marketing purposes unless you receive such Site user’s or Account holder’s express consent to do so;
- • Offer or otherwise make available any form of adult, sexually-oriented, or obscene content or services, including without limitation, any pornographic materials, any materials which require individuals to be 18 or older to view or purchase, any escort services, and any adult websites;
- • Se or promote any means to artificially inflate impressions and/or clicks or use deceptive implementation methods to obtain clicks, whether manual or automated, including but not limited to clicking your own ads, asking others to click ads, offering compensation to users for viewing ads or performing searches, promising to raise money for third parties for such behavior or placing images next to individual ads, or using robots or other automated tools;
- • Attempt to open a new Account after ADNOW.COM has terminated your Account for breach of the Terms;
- • Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Site;
- • Modify, adapt, translate, prepare derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code from the Site, its software or technology, or attempt to create a substitute or similar service, product or website through use of or access to the Site or technology related thereto;
- • Hack the Site, or attempt to defeat or overcome any security measures or encryption technology for the Site or any related data;
- • Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or use any device, software or routine to attempt to interfere with use of the Site;
- • Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Copyright and Trademark Notice:
The content, organization, graphics, design, compilation, and other matters related to ADNOW.COM and the Site are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, framing, use or publication by you of any such matters or any part of the Site is strictly prohibited. All trademarks, service marks, logos, trade names, and any other proprietary designations of ADNOW.COM used herein are trademarks or registered trademarks of ADNOW.COM. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
Content of Advertisements:
All content in advertisements bought or sold through this Site, including without limitation data, text, images, sound, video and other information and materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the party from which such Content originated. You, therefore, are solely responsible for all Content that you submit to be placed as advertising or that you upload, post, display, email, transmit or otherwise make available through the Site. ADNOW.COM does not control the Content and does not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will ADNOW.COM be liable in any way for any Content, including but not limited to any errors or omissions therein or any loss or damage of any kind incurred as a result of the use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness thereof.
You understand and acknowledge that all postings you make, including but not limited to postings on the Site, our blogs, via Twitter, and on our Facebook page (“Posts”), are not confidential and may be used by ADNOW.COM in any way it deems fit. Your Posts must not violate any applicable law, statute, ordinance or regulation or be defamatory, libelous, obscene, unlawfully threatening or harassing, or the like. You acknowledge and agree that ADNOW.COM may or may not screen Posts, but that ADNOW.COM shall have the right (but not the obligation) in its sole discretion to screen, refuse, edit, move, or remove any Posts.
Links to Third Party Sites:
The Site may have links or direct you to websites, software or services owned or operated by third parties (“Third Party Properties”). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over any Third Party Properties. We are not responsible for the content and operation of such Third Party Properties, or the privacy or other practices of such Third Party Properties.
Intellectual Property Rights Policy:
If you inform us that your rights are being infringed by one of our users or Account holders we may, in our discretion, remove the infringing materials from being available on the Site and, if such user or Account holder continues to infringe your rights (or infringes the rights of others), terminate such user’s or Account holder’s use of the Site.
Please note that you will be liable for damages, including costs and attorneys’ fees, if you materially misrepresent that any material is infringing your intellectual property rights.
You shall indemnify, defend and hold Adnow.com harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys´ fees) by third parties arising out of Your: (a) improper use of the Site; (b) improper operation of a Program; or (c) breach or violation of this Agreement.
Disclaimer of Warranties:
THIS SITE, AND ALL INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ADNOW.COM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SITE ITSELF WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS-FREE NOR DOES ADNOW.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL Adnow.com , ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR ANY SERVICES PROVIDED THERETO (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) IN EXCESS OF THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO ADNOW.COM DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ADNOW.COM, ITS AFFILIATES AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, SERVICE INTERRUPTION, DEVICE OR COMPUTER FAILURE, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF ADNOW.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT AND RECOURSE WITH ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE. The foregoing limitations allocate the risks between Adnow.com and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.
Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party.
ADNOW.COM reserves the right and has absolute discretion to enforce the Terms. ADNOW.COM may, in its sole discretion, immediately terminate or suspend your Account and/or access to this Site, if it determines that your services, offerings or activities violate the Terms. Without limitation, ADNOW.COM also reserves the right to report any activity (including the disclosure of appropriate data or Account information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. ADNOW.COM also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
Date last updated: Jan 01, 2015