YOTTADS LTD (YOTTADS) PUBLISHERS TERMS AND CONDITIONS
Please become familiar with these Terms and Conditions ("Agreement",
"Terms and Conditions"), carefully and thoroughly, before you begin
to use www.yottads.com ("the Site", "Site") governed and
administered by YOTTADS LTD ( "YottAds", "Company", "Us", "We", or
"Our"). This Agreement reveals and establishes the legally binding
terms and conditions for your www.yottads.com and its users.
By using the Site in any fashion, encompassing, but not limited to,
visiting or browsing it or contributing any content or other
materials to it, you consent to follow these Terms and Conditions.
Capitalized terms are defined and clarified in this Agreement.
By checking the box and clicking the " I accept" button you confirm
that you are aware and comply with the present agreement and agree
to be bound by this publisher agreement.
Our company YOTTADS LTD (YottAds) is a digital ad (advertising)
network that renders advertising and marketing consulting services,
carries out media market analysis, and buys advertising space. By
that is meant that
You (hereinafter named as "The Publisher") is a private individual
or legal entity having contracted with or able to contract with the
Company’s platform through the registration form, in order to
commercialize all or segments of the advertising space on the
site(s) that they publish, hereinafter collectively named as the
"Parties" and each separately as the "Party".
The Parties have entered into this Agreement along these lines:
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DEFINITIONS
Regarding this Agreement,
together with the bold capitalized terms defined explained in this
Agreement, the following terms shall have the meanings specified
for them below.
"Ad(s)" or "Advertisement" indicate graphical, text-based, rich
media and video, interactive, or other web-based advertisements,
encompassing, without limitation, video advertisements, buttons,
banners, pop-unders, pop-ups.
"Advertiser" means any private individual or legal entity with whom
the Company has concluded a contract for the rendering of services
to implement one or several campaigns through the Company’s
platform.
"Advertising Placement Insertion Order" is a written endorsement
permitting the Company to publish an ad or to broadcast a
commercial.
"Campaign", "Program" or "Membership Program" imply the operations
planned, initiated and performed by an Advertiser with the goal, for
the most part, to enhance the Internet traffic of their site, their
sales and/or obtain new customers via the Company’s networking
platform.
"Click" is the hand-operated and deliberate activation of a
hypertext link by an web user (in the shape of a banner, text or any
other form of advertising) placed on the Publisher’s site and
redirecting to a page of the Advertiser’s site.
"Commission" is the payment due to the Publisher in conformity with
the terms of this contract.
"Advertiser site" designates any site linked with an advertiser
engaged in an advertising campaign, active on the Company’s
platform, and towards which an Internet user clicking on the link
embedded on the Publisher websites may be directed in this case.
"Publisher" is a private individual or legal entity having
contracted with or able to contract with the Company’s platform
through the registration form, in order to commercialize all or
segments of the advertising space on the site(s) that they publish,
hereinafter collectively named as the "Parties" and each separately
as the "Party".
"Publisher site(s)/ website(s)" means any site that belongs to a
Publisher as defined by this Agreement, having been approved as such
by one or several Advertisers, and which can involve, within the
framework of Programs or Campaigns, links directing Internet users
to Advertiser sites.
"Service" references to distribution of advertising content by means
of the Company’s platform.
"Tag" means a number of some lines of code inserted within the
source code of the site, and - mostly - placed where the
advertisement will be demonstrated (for the simple formats).
"Traffic" is the aggregate of clicks and transactions carried out by
a Publisher’s visitors on an advertiser site having a presence on
the Company’s platform.
"Artificial Traffic" imply clicks and transactions that are
generated by a fault or whose origin can be described as automatic
operations not generated by Internet user actions, or brought about
by the intervention of elements encompassing, but not limited to,
requests emanating from electronic mail and chat rooms, robots,
bots, script generators and links placed on sites unknown to the
Publisher or the Company, and any other click of dubious origin.
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PUBLISHER’S OBLIGATIONS
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The Publisher consents to place the advertisements on a
section of their site that is seeable without scrolling.
Moreover, the Publisher agrees not to display these
advertisements on a page that features only or mainly
advertising messages.
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The Publisher account implies an individual and unique site. A
publisher desiring to show ads on a number of sites (different
domain names) must correctly register all of them with the
Company.
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The publisher is not allowed to, unless granted prior explicit
approval by the Company, demonstrate these advertising
messages on a site that has not been approved by the Company.
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Installation of the scripts that are necessary to show the ads
on the Publisher’s site is the Publisher’s responsibility and
at their charge. The Publisher consents not to change or alter
the scripts provided for them by the Company without its prior
written explicit approval.
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The Publisher can remove the scripts from their webpages at
any moment of time. They may also be part of other digital
advertising networks without being bound to notify the Company
beforehand.
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The Publisher consents to inform the Company speedily of all
important modifications to the appearance and/or content of
their website.
Merely altering the title of the Publisher’s site as recorded in the
application form, or changing its hosting site, its size, its aims
or its rate of update will in no case incur the mechanical cessation
of the Publisher’s contractual relations with the Company.
These relations will continue unaltered, and the ads will be placed
in the modified site.
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In any case, the Publisher recognizes itself to be perfectly
independent from the Company. In any situation, the Publishers
confirm that they will follow all laws and regulations and
decrees.
The Publisher must deliver on these obligations so that the
responsibility of the Company shall not be held liable under any
conditions, by any third party. Otherwise, the Publisher agrees to
guarantee the Company against the total amount or amounts, which it
may be ordered to pay to any other party being generated in a direct
or indirect fashion by the Publisher’s non-compliance with the
pertinent obligations.
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The Publisher, as head of publication for its own site,
assumes the sole responsibility for its editorial content.
Accordingly, it guarantees the Company against any legal
action and agrees to be liable for any claim and guarantee the
Company against any sums that it may be ordered to pay to a
third party being generated in a direct or indirect fashion by
the editorial content of the Publisher’s site.
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Client asserts that it’s under his/her responsibility to
return to and read Privacy Policy, Publishers Terms and
Conditions regularly to stay informed. On behalf of YottAds,
we will issue notifications concerning important updates which
will be published on the dashboard.
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TERM; TERMINATION
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Term. Unless terminated previously or prolonged pursuant to
Section 7, this Agreement shall commence on the Effective Date
and remain in force for the term stipulated in the Advertising
Placement Insertion Order (the "Term").
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Suspension by the Company. The Company may discontinue this
Agreement and Publisher’s access to and use of the Network
without notice (a) if the Publisher constantly fails to
provide necessary technical implementation of advertisements
received, downloaded and made available on its Publisher Web
Site; or (b) consistently fails to take effective and workable
measures to ensure certain level of editorial quality of its
Publisher Website and avoid mistreatment of content featured
by or represented by Ads; or (c) upon the Company’s
justifiably belief that the Publisher has violated any of its
representations, warranties or covenants of this Agreement.
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Termination by the Company. The Company may terminate this
Agreement (a) in the event of the Publisher’s material
violation of this Agreement, upon forty-eight (48) hours’
notice to the Publisher if such a violation stays uncured
after the expiry of such forty-eight (48) hours’ notice
period; (b) for convenience without cause, on thirty (30) days
prior written notice to Publisher; (c) right after the
Company’s notice to the Publisher of the Company’s justifiable
determination that Publisher or its End-Users are using or are
likely to use the Network in such a fashion that could harm or
inflict damage on the Network or otherwise reflect adversely
on the reputation of the Company which can be the case,
without restriction, when the Ad is displayed in unlawful or
discriminatory context; or (d) as otherwise stipulated by
mutual determination by both Parties. If this Agreement is
terminated by the Company due to the Publisher’s violation,
the Publisher is to promptly return to the Company all
documentation previously obtained and stop the further use,
reception, download and distribution and dissemination of any
Advertisement.
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Termination by the Publisher. The Publisher has the right to
terminate this Agreement: (a) in the case of the Company’s
material violation of this Agreement, upon ten (10) days’
notice to the Company if such breach remains unaddressed after
the expiry of such ten (10) day notice period; or (b) upon
fifteen (15) days’ notice to the Company, upon receipt of
notification from the Company of its plan to augment Fees in
accordance with provisions of this Agreement and before the
new Fees come into effect or (d) as otherwise agreed by joint
determination by both Parties.
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FRAUD
Any deceptive, fraudulent, and
dishonest activity by the Publisher, resulting in, both direct and
indirect, really or potentially, the fake increase of traffic
brought about by the Publisher’s site for the advertisers on the
Company’s platform will cause the automatic exclusion of the
Publisher and all its sites from the network without preliminary
notice, instant disconnection from the technical platform, and the
immediate, justified termination of the agreement with no
liability for compensation due from the Company.
More than that, the Company reserves has the right to bring any
necessary civil or criminal action against the Publisher and to
demand, if it makes such a decision, reimbursement of all or part of
the amounts inordinately paid to the Publisher as well as, if it so
decides, damages and compensation.
Fraudulent actions that may be performed by the Publisher encompass,
but are not limited to:
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usage of one or several maneuvers create or try to create an
artificial increase in the activity of the approved sites;
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using one or several scenarios requiring or obliging an
internet user to click an advertising message in order to get
access to any element of the site or validate or confirm
participation;
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using one or several schemes that stimulate internet users to
click on a banner;
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using one or several maneuvers increasing remuneration
(clicks, double clicks, e-mail address, etc.);
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application or realization of any sort of canvassing, even if
conducted from outside the Publisher’s site, via of spam,
messages left on various forums, messages left on real-time
chats or any other process.
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COMMISSION AND PAYMENT
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The Publisher will receive compensation, also known as the
"Publisher commission" for taking part in the Advertiser
Campaigns. The terms of this remuneration and the amounts
associated will be calculated by the Advertisers for each of
the Campaigns.
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The commission amounts are defined based on the statistics
gathered by the Company’s platform, a program managed, owned,
and operated by the Company. This program is to be seen as the
one and only source of valid data for the parties. The
Publisher recognizes the reliability and trustworthiness of
this program, which will dominate in the event of a dispute,
with respect to the measurement of all components (pages
viewed, commissions, unique visitors,…) of any kind. The
Publisher may get access to their data by the means of the
account management interface.
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Commission amounts and the method they are defined will depend
on the prices and calculation techniques applied to
advertisers. Therefore, for certain campaigns (specifically
lead campaigns), the data causing an increase of the
Publisher’s remuneration may require proper validation by the
Advertiser first. If there is a discrepancy between the
Company’s data and that of the Advertiser, the Company will
make an effort to resolve the disagreement with the Advertiser
in order to provide the final and agreed figures to the
Publisher swiftly.
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The company will calculate the Publisher commission on a
monthly basis, by putting together the amounts of the
commission due for its involvement in the various Advertiser
Campaigns over the previous month. This monthly cumulative
figure can be consulted by the Publisher via their account.
An invoice request will be sent to the Publisher after the aggregate
amount of their monthly commissions surpasses 100€ (ONE HUNDRED
EUROS) before taxation, and the advertiser whose ads were published
on the Publisher’s site, giving rise to these commissions, has paid
the Company. This invoice request will be sent in conformity with
contemporary regulations, notably regarding whether the Publisher is
subject to VAT or not, and will be accessible to download in HTML
and PDF format on the Publisher’s account.
As soon as this
invoice request has been sent, the Publisher is free to send an
invoice for the matching amount to the Company through their account
opened on the Company’s platform.
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From the 1st - 15th of the month following receipt of the
invoice sent by the Publisher to the Company, the former will
be paid in the way selected beforehand, based on the
information provided in the account opened by the Publisher on
the Company’s platform. All fees or commissions incurred by
using a payment method different from that originally
requested by the Publisher, change of currency or an error in
the info provided are at the Publisher’s charge and will be
subtracted from their commissions due, or, if the sum to be
transferred is insufficient to offset these costs, invoiced
directly to the Publisher by the Company.
The Publisher
accepts the fact that the Company only forwards funds, and
accordingly frees the Company from all responsibility if an
Advertiser defaults on payment.
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Note, that there a commission may be applicable during refund
process. YottAds assumes no responsibility for any charges
from bank/payment service for refund transactions and all
costs shall be borne by client’s side.
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DURATION AND CANCELLATION
The relationship
regulated by these general terms and conditions is established for
an undetermined period of time. Each party is within its rights to
terminate the commercial relationship that bind them, for any
reason, by recorded delivery letter (with proof of delivery) or by
e-mail, sent by the Publisher to the e-mail provided by the
Company or by e-mail from the Company to the e-mail address
mentioned by the Publisher on their registration form, giving 48
hours’ notice. Termination of the contract in no way alters the
rules for payment stipulated in the general terms and
conditions.
Upon cancellation, the Publisher is to remove
promptly the scripts given via the Company’s platform and
installed on the pages of the Publisher’s site(s).
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INTELLECTUAL PROPERTY
The fact that the
Publisher demonstrates on their site the visuals and brand of an
Advertiser gives them no intellectual property rights over the
elements that form the brand or the products and services of the
Advertiser.
The Advertiser, or where applicable the Company,
stays the only owner of any data concerning web visitors that may
have been collected via the Publisher’s site. The Publisher
explicitly acknowledges that they have no claim of any kind to the
data collected.
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PRIVACY POLICY
The Publisher agrees to
publish on its Website a privacy policy, linked, at a minimum,
markedly from the Website’s home page, with a link that contains
the word "Privacy" that, in addition to the disclosures about the
Publisher’s privacy practices, clearly and markedly discloses (a)
the Publisher’s use of a third party for its ad serving
operations; (b) identifies the collection and use of information
collected in relation with both ad serving activities and delivery
of the Publisher’s content; and (c) the user’s capacity to opt out
from such collection and use. The Company reserves the right to
alter its suggested disclosure language, including requiring
certain disclosures as mandated by law, upon written notice to the
Publisher, and the Publisher consents to collaborate to post such
revised disclosure within three (3) business days following
receipt of such notice. The Company shall have the right to
terminate this Agreement on five (5) days prior written notice to
the Publisher if the Publisher violates this Section and fails to
remedy such violation within said five (5) day period.
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GENERAL DUTY OF CONFIDENTIALITY
The
Publisher agrees, as does the Company, to keep all details of
their contractual relations secret.
At the end of this duty
of confidentiality, the Publisher and the Company agree not to
disclose info of any nature exchanged before or during the time of
their agreement together, and to take all necessary steps to
prevent such disclosure by their officers, servants and agents
even after they are no longer employed.
The circle and scope
of information covered by this duty of confidentiality encompasses
the data gathered on Advertisers’ sites, for instance in the
course of a purchase.
Correspondingly, the Publisher consents
not to reveal this information should they have it.
Exceptionally,
one of the parties may be released from its duty of
confidentiality for all or part of the information exchanged, but
only after prior written and explicit agreement from the other
party.
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RESPONSIBILITY
In the context of their
contractual relations, the parties agree that the Company
exercises due diligence. Thus, the Company cannot be held liable
for any damages incurred by the Publishers, such as trade injury,
loss of orders, commercial problems of any kind, or the loss of
benefits, clientele or turnover directly or indirectly due to the
advertisements displayed on the Publisher’s site.
The Company
cannot be held responsible for any delay, failure or interruption
of the service that takes place due to cases of act of God,
external events, actions by a third party.
It is recalled
that under no conditions can either of the two parties be held
responsible for failure to accomplish a contractual obligation
that is the result of a case of act of God.
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DISPUTE RESOLUTION
THE LANGUAGE AND LAWS
THAT APPLY TO THIS CONTRACT ARE THE ENGLISH LANGUAGE AND LAWS OF
THE CYPRUS.
ANY DISPUTES OF ANY KIND RESULTING FROM THE
CONTRACT BINDING THE PUBLISHER AND THE COMPANY WILL BE SUBMITTED
EXCLUSIVELY TO THE UNCITRAL Arbitration Rules AND, IN CASE OF
APPEAL, TO THE APPEAL the Cyprus Arbitration and Mediation Centre.
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YOUR CONDUCT
You accept that all info or
data of any kind, whether text, software, code, music or sound,
photographs or graphics, video or other materials ("Content"),
publicly or privately provided, shall be the exclusive
responsibility of the person providing the Content or the person
whose user account is used. You agree that our web site may expose
you to Content that may be objectionable or offensive. We shall
not be liable to you in any way for the Content that appears on
this web site nor for any error or omission.
The Publisher
explicitly agree, that the content of the Publisher’s website(s)
or its affiliated website(s) can not include any material that
infringes of any third party or is in violation of any law,
including but not limited by the following:
(a) submit any
Content or perform any conduct that may be unlawful, illegal,
threatening, harmful, abusive, harassing, stalking, tortuous,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web
site or any service provided, infected with a virus or other
destructive or deleterious programming routine, give rise to civil
or criminal liability, or which may violate an applicable local,
national or international law;
(b) impersonate or
misrepresent your relation to any person or entity, or forge or
otherwise seek to conceal or misrepresent the origin of any
Content provided by you;
(c) gather or harvest any data about
other users;
(d) provide or use this web site and any Content
or service in any commercial manner or in any manner that would
involve junk mail, spam, chain letters, pyramid schemes, or any
other form of unauthorized advertising without our prior written
consent;
(e) submit any Content that may give rise to our
civil or criminal liability or which may constitute or be
considered a violation of any local, national or international
law, including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
YottAds has the list of
the Non Acceptable Advertising Content rules for Publishers. The
Publisher can not use or include on the Publisher’s website(s) or
its affiliated website(s) any materials, that:
(a) are
violating the Intellectual property rights;
(b) has adult,
pornographic, nude, violent content;
(c) has misleading
advertisement ( materials) that provides false information for
users;
(d) contains malware, phishing, adware, viruses,
hacking or phreaking and any related advertising campaigns;
(e)
contains any tech support advertising campaigns, screen locking
content or any related products promotion;
(f) contains brand
mimicry or piracy; or any related products promotion;
(g)
contains any weapon, drugs, alcohol, tobacco or any related
products promotion;
(h) contains any questionnaires
collecting user’s credit card details and offering a prize, money
for a poll or any related products promotion;
(i) offers
collecting push-subscribers in push-notification advertising
campaigns;
(j) has any objectionable content, such as racial,
political, ethic or hate- mongering;
(k) has calendar
subscriptions;
(l) has any illegal activity whatsoever;
(m)
has materials that defames,abuses or threatens physical or mental
harm to others.
YOTTADS LTD does check but can not control
all the activities or contents at your website(s), but if the
Publisher engages in any fraudulent or illegal activity all the
services may be rejected and we reserve the right to ban your
account, to delete your account, withhold and freeze all fees and
remunerations immediately and take all necessary legal actions to
restore the damage caused by violation.
Publisher shall not
place any tags of YOTTADS LTD without written consent and approval
of YOTTADS LTD. Publisher can not place tags or advertisement on
any illegal sites, that contain the following content:
(a)
pornographic, adult content;
(b) offensive or violent
content;
(c) any kind of Piracy ( illegal MP3 or streaming
sites/ directories, torrent sites);
(d) malicious code,
Spyware;
(e) has any illegal content whatsoever.
YottAds
has the right to take an immediate legal action against the
Publisher for using the Tag without permission. If a Publisher is
suspected of illegal use of the Tag YottAds shall have a right to
ban your Publisher Account and to withhold account balance.
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SUBMISSION OF CONTENT ON THIS SITE
By
submitting any Content to our website the Publisher (“ You”) agree
to all of the following statements listed below:
(a) you
consent to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or
other necessary rights) to use, display, reproduce, modify, adapt,
publish, distribute, perform, promote, archive, translate, and to
create derivative works and compilations, in whole or in part.
Such license will apply with respect to any form, media,
technology known or later developed;
(b) you warrant and
represent that you have all legal, moral, and other rights that
may be necessary to grant us with the license set forth in this
Section 7;
(c) you realize and agree that we shall have the
right (but not obligation), in our sole discretion, to refuse to
publish or to remove or block access to any Content you provide at
any time and for any reason, with or without notice.
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THIRD PARTY SERVICES
Goods and services of
third parties may be advertised and/or made available on or via
this web site. Representations made concerning products and
services provided by third parties are regulated by the policies
and representations made by these third parties. Сompany shall not
be responsible for or liable in any fashion for any of your
dealings or interaction with third parties.
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INDEMNIFICATION
You confirm that you agree
to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents,
independent contractors, advertisers, partners, and co- branders
from any claim or demand, including reasonable attorney’s fees,
that may be made by any third party, that is due to or arising out
of your conduct or connection with this web site or service, your
provision of Content, your violation of this Terms and Conditions
or any other violation of the rights of another person or party.
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DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND
AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT
PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT
YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO
WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE,
RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY
MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR
ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY
KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS
SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some
jurisdictions may not allow disclaimers of implied warranties and
the above disclaimer may not apply to you only as it relates to
implied warranties.
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LIMITATION OF LIABILITY
YOU EXPRESSLY
REALIZE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
ENCOMPASSING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ORIGINATING OR
STEMMING FROM (I) THE USE OF OR THE INABILITY TO USE THE SERVICE,
(II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING
FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III)
UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some
jurisdictions, it is not permitted to limit liability and
therefore such limitations may not apply to you.
Merchant
will not sell, purchase, provide, exchange or in any other manner
disclose Account or Transaction data, or personal information of
or about a Cardholder to anyone, except, it’s Acquirer,
Visa/Mastercard Corporations or in response to valid government
demands.
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REGARDS TO COMMUNICATION
We do not make any
representations or warranties as to the truthfulness or accuracy
of any statement made or materials posted on or via our site,
forum, bulletin board, chat room, or any other user interactive
section of our site. You agree and accept that you take the risk
of any actions you take in reliance upon the info that may be
contained in our site, forum, bulletin board, chat room, or any
other user interactive section of our site.
We do not endorse
or lend any credence for any statements that are made by any
participant in our forum, bulletin board, chat room, or any other
user interactive section of our site. Any opinions or views
communicated by our site, forum, bulletin board, chat room, or any
other user interactive section of our site participants are their
own. We do not endorse or support or otherwise give any credence
or reason for reliance on any such assertions or opinions.
You
are completely responsible for your own statements and materials
that you post in our site, forum, bulletin board, chat room, or
any other user interactive area of our site and any consequences,
whether or not foreseen, to any party who may rely on these
statements. You agree that you will not take any action directed
towards trying to hold us liable for any such materials or
statements.
As a participant in our site, forum, bulletin
board, chat room, or any other user interactive area of our site,
you agree that we may delete any materials from our site, forum,
bulletin board, chat room, or any other user interactive area of
our site for any reason, in our exclusive discretion, or for no
reason at all. This encompasses material, which is disruptive,
abusive, offensive, illegal, vulgar, pornographic, or any other
material. You hold us harmless from and against any harm or damage
you or others may suffer because of our removal of any content
from our forum, bulletin board, chat room, or any other user
interactive section of our site or from the discontinuance of our
forum, bulletin board, chat room, or any other user interactive
area of our site at any time.
Important
Communication Note: When opting to do shares through our sites
social accounts we own based on the service you have subscribed to
when you placed an order for your campaign may be shared through
third party accounts. More than that, please take into consideration
since when shares are conducted through a 3rd part service, we will
not have the ability to access the amount of friends/followers one
may have.
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ARBITRATION
For any arguments, conflits or
discrepancies you may have with YOTTADS LTD (YottAds), you agree
to reach us and attempt to resolve the dispute with us informally
first. Any controversies or disputes originating from or relating
to this Agreement shall be resolved by binding arbitration in
accordance with the then-current arbitration norms and regulations
of the Cyprus Arbitration and Mediation Centre. The parties shall
choose a mutually acceptable arbitrator qualified regarding issues
related to the subject matter of this Agreement. If the parties
are unable to agree upon such a selection, each party will choose
an arbitrator and the two arbitrators in turn shall choose a third
arbitrator, all three of whom shall preside together over the
subject matter. The arbitrator shall take place at a location that
is reasonably centrally located between the parties, or otherwise
mutually approved by the parties.
All documents, materials,
and information possessed by each party that are in any fashion
relevant to the dispute shall be made available to the other party
for review and copy no later than thirty days after the notice of
arbitration is served.
The arbitrator(s) shall not be
authorized to alter any provision of this Agreement or to award
punitive damages. The arbitrator(s) shall be authorized to issue
mandatory orders and restraint orders in relation to the
arbitration. The decision made by the arbitrator(s) shall be final
and binding on the parties, and judgment may be entered in
accordance with the decision in any court having jurisdiction. The
agreement to arbitration shall be specifically enforceable under
the prevailing arbitration legal norms. During the continuance of
any arbitration proceeding, the parties shall continue to carry
out the respective obligations in accordance with this Agreement.
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RESERVATION OF RIGHTS
We reserve all our
rights, encompassing but not limited to any and all copyrights,
trademarks, patents, trade secrets, and any other proprietary
right that we may have in our web site, its content, and the goods
and services that may be provided. The usage of our rights and
property demands our prior written and explicit consent. We are
not providing you with any implied or express licenses,
permissions or rights by making services available to you and you
will have no rights to make any commercial use of our web site or
service without our prior written and explicit consent.
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NOTIFICATION OF COPYRIGHT INFRINGEMENT
If
you believe that your property has been used in any way that would
be viewed as copyright breach or a violation of your intellectual
property rights, our copyright representative may be reached at
the following address:
www.yottads.com
Email:
info@yottads.com
YOTTADS LTD (YottAds) EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES
ORIGINATING FROM COURSE OF DEALING OR USAGE OF TRADE.
YOTTADS
LTD (YottAds) assumes no responsibility and assumes no liability
for any User Content that you or any other user or third party
posts or transmits using our images, products or services. You
realize and consent that you may be exposed to User Content that
is inaccurate, objectionable, inappropriate for children, or
otherwise unsuited to your purpose.
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APPLICABLE LAW
You agree that this Terms and
Conditions and any dispute originating from your use of this web
site or our products or services shall be governed by and
construed in conformity with local laws where the headquarters of
the owner of this web site is situated, without regard to its
conflict of law provisions. By registering or using this web site
and service you consent and submit to the exclusive jurisdiction
and venue of the county or city where the headquarters of the
owner of this web site is situated.
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MISCELLANEOUS
(i) If these Terms and
Conditions come into conflict with any law under which any
stipulation may be rendered ineffective by a court with
jurisdiction over the parties, such stipulations will be
interpreted to reflect the initial intentions of the parties,
according to relevant and applicable law, and the remainder of
this Terms and Conditions will stay both valid and intact;
(ii)
The failure of either party to assert any right under this Terms
and Conditions shall not be considered a waiver of any that
party’s right and that right will stay in full force;
(iii)
You agree that without regard to any statue or contrary law that
any claim or cause originating from this web site or its services
must be filed within one (1) year after such claim or cause
emerged or the claim shall be forever barred;
(iv) We may
assign our rights and obligations under this Terms and Conditions
and we shall be freed of any further obligation.
This Agreement was last modified on October 20, 2021