The “Company,” “us,” “our,” or “we,” hereafter referred to as the “Provider,” offers marketing, advertising, promotion, and related services through its designated software and website (referred to as the “Website”). These Terms of Use (referred to as the “Terms”) govern the access and use of the Website and Services by users (referred to as “Users,” “you,” or “your”). Prior to using the Website, Users are required to agree to these Terms.
Please carefully read these Terms, as they control your access and use of the Website and Services. By accessing, registering to use, downloading, sharing, or engaging with the Website, or using any software scripts provided by us to enable Website functionality, you indicate your agreement to both these Terms and our Privacy Policy, which can be subject to modification or changes at our discretion. Your ongoing use of the Website implies acceptance of any revised terms. If you disagree with any of these Terms, please refrain from clicking “ACCEPT” and abstain from using the Website.
Subject to the terms and conditions outlined herein, you are granted the right to access and use the Website for the purpose of utilizing the Services on a non-exclusive basis. You acknowledge that the Provider retains the authority to modify, update, or alter the Website or Services, including discontinuing or altering any portion of the Website and/or Services, or removing content from the Website or Services, without prior notice.
Using the Website and Services is prohibited in areas where it is against the law. By using the Website and Services, you confirm and guarantee that: (a) any information you provide is accurate and true; (b) you will maintain the accuracy of such information; (c) you have reached the legal age in your jurisdiction; and (d) your use of the Website or Services does not violate any applicable laws or regulations or any legal or contractual obligations to third parties. You further assure that you will adhere to all relevant laws, rules, and regulations in connection with your use of the Services and Website, as well as any services connected to the Products or Third Parties as defined in these Terms.
Sections (a)-(d) will collectively be referred to as the “User Undertakings and Warranties.”
By utilizing the Services or Website, you acknowledge and agree that the Provider, at its sole discretion, may choose to verify if Users have met any or all of the User Undertakings and Warranties. You also agree that the Provider is not responsible for verifying compliance with the User Undertakings and Warranties or for suspending, terminating, or preventing the use of the Services or Website by Users who fail to meet them. You are solely responsible for evaluating and deciding whether to interact with Third Parties or otherwise engage with them. If you become aware of any violation of the User Undertakings and Warranties, you are encouraged to report it to the Provider.
The Provider reserves the right to deny you any Services, with or without prior notice, at its sole discretion. This applies if the Provider becomes aware of any violation of the User Undertakings and Warranties by you or any other User, or for any other reason. Notwithstanding the above, the Provider explicitly disclaims, and you release the Provider from, any and all liability for any disputes, claims, lawsuits, injuries, loss, harm, or damages arising from or related to: (i) the accuracy, timeliness, or completeness of a User’s or Third Party’s representations; and (ii) false statements and misrepresentations made by Third Parties, other Users, Products, or other circumstances. By using the Website and Services, you understand and agree that the Services provide a platform for Users to access and use various products and services offered by third-party vendors and service providers through ads or promotions provided by us, respectively referred to as “Products” and “Third Parties.”
You acknowledge and agree that the Provider: (a) does not endorse, recommend, or employ any Third Parties or Products, as applicable, or any related entities, and has no control over Third Parties’ actions or omissions, their business, products, or services; (b) offers no representations or warranties regarding Third Parties and Products, including their quality, pricing, compatibility, availability, or any other aspects, or your interactions or transactions with Third Parties; (c) offers no representations or warranties regarding proprietary rights, regulatory matters, or other related aspects of Products; and (d) bears no responsibility for the actions or behavior of Users or third parties using the Services or Website. The Provider is not obligated to screen or verify any information about Third Parties and/or Users, the Products, or any other feature of the Website or Services. Therefore, exercise caution, perform your own evaluations, and exercise diligence before engaging with others through the Services, Website, or other interactions.
The Provider explicitly disclaims, and you release the Provider from, any and all liability for any disputes, claims, lawsuits, injuries, loss, harm, or damages arising from or related to Third Parties, Products, Services, the Website, or interactions or transactions with Third Parties, including any actions or omissions of Third Parties connected to the Services or Website. By using the Services or Website, you acknowledge that you are solely responsible for your use, connections, interactions, purchases, or other actions, and all such use of the Services or Website is at your own risk. The Provider does not sell, license, or provide any Products or services (except for the Services) and assumes no liability for any Products or services you buy from Third Parties, including without limitation support, defaults, errors, damages, or costs of any kind.
In addition to the provisions outlined in Section 1, you are prohibited from, and must not allow any third party to: (a) reverse engineer or attempt to uncover the underlying code of the Website or Services; (b) utilize the Website or Services in violation of any applicable laws or regulations, including posting, publishing, sharing, or transferring any illegal or offensive material; (c) copy, alter, or create derivative works from the Website, Services, or content on the Website or Services; (d) attempt to disable or bypass any security or access control mechanisms of the Website or Services; (e) participate in or assist in designing cheats, exploits, automation software, bots, hacks, modes, or any other unauthorized third-party software aimed at modifying or interfering with the Website or Services; (f) use the Website or Services for purposes that contravene any applicable laws or regulations; (g) attempt unauthorized access to the Website or Services, other User Accounts as defined below, or other devices, computer systems, phone systems, or networks associated with the Website or Services; and (h) gather information about Users without their explicit consent.
Should you post, publish, share, or otherwise transfer any content through the Website or Services, you declare and assure that such content accurately represents any described products or services, adheres to these Terms, and does not: (a) infringe upon any third party’s intellectual property rights, moral rights, or publicity rights; (b) contain defamatory, libelous, obscene, sexually suggestive, or offensive content (including content that promotes or glorifies hate, violence, or bigotry); (c) include worms, viruses, or other malicious software; (d) violate any applicable laws or regulations, including advertising or marketing laws; and (e) impose an unreasonable or disproportionately large burden on our infrastructure.
By posting, uploading, publishing, sharing, or transferring any content through the Website or Services, you hereby grant the Company, its affiliates, and sublicenses a worldwide, non-exclusive, perpetual, royalty-free license to publish, share, display, and transfer such content in any reasonable form at the Company’s sole discretion. The Company reserves the right to remove, suspend access to, or permanently delete any content at its sole discretion without prior notice. This includes content that breaches the warranties mentioned above or conflicts with the Company’s business interests. You shall have no rights or claims in relation to such decisions and actions.
The Company is not liable for any content provided, posted, uploaded, shared, or otherwise made available by Users, or for any products or services connected to such content provided, posted, uploaded, shared, or otherwise made available by Users. Each User using the Website or Services hereby assumes full responsibility for such actions, and the Company shall have no liability in this regard.
Furthermore, in addition to the provisions set forth in Section 3 above, the User provides explicit consent to the Company to furnish the User with promotional materials and newsletters (referred to as “Promotional Materials and Newsletters”) through any available means, including but not limited to email, text messages, SMS messages, fax, postal mail, automated dialing services, or any other methods as determined solely by the Company. The User acknowledges that the Company holds the sole discretion to decide the means of delivering these Promotional Materials and Newsletters and to modify such methods as needed. By providing this consent, the User agrees to receive the Promotional Materials and Newsletters.
Additionally, the User acknowledges that the Promotional Materials and Newsletters may incorporate advertisements from third parties, and the User gives explicit consent to receive such advertisements as part of the Promotional Materials and Newsletters. The User retains the right to notify the Company via email at any time, expressing their decision to cease receiving the Promotional Materials and Newsletters.
The Company shall respect the User’s choice and refrain from sending further Promotional Materials and Newsletters upon receiving such a request.
The Company retains full ownership of all worldwide rights, titles, and interests in: (a) the Website and Services, along with any enhancements, derivatives, bug fixes, or improvements made to them; and (b) the trade names, trademarks, and logos associated with the Company. These rights and interests shall exclusively belong to the Company at all times. Any references within these Terms or any other communications to the sale, resale, or purchase of the aforementioned items shall only pertain to the right to use the Website and Services in accordance with these Terms.
Users are solely responsible for any and all content they provide, share, or otherwise make available using the Website and/or the Services, including any associated intellectual property rights. The Company makes no representations or warranties regarding such content. The Company shall not be held liable for any losses or damages incurred as a result of such content, and Users agree to indemnify and absolve the Company from any liability for damages or losses arising from such content.
You agree not to store, collect, or maintain any content provided by the Services and Website in your possession or for your use without obtaining prior written consent from the Company. You acknowledge that the Company reserves the right, at its sole discretion, to store, collect, or maintain in its possession and use any content and public information, including information that might personally identify you, other Users, Third Parties, or describe personal interests. The Company retains the right to make any and all permitted uses under applicable law of such content and public information, as outlined in the Company’s Privacy Policy. It’s important to note that the Company does not review, test, confirm, approve, or verify any such content or public information. Each User who posts, uploads, shares, or otherwise makes available such content or public information is solely responsible for that content or public information, including any third-party information and required consents. The Company will not be held liable for any loss or damage incurred due to non-compliance with the above, and you agree to indemnify and release the Company from any liability for such damages or losses.
HOWEVER, YOU SHOULD BE AWARE THAT THE COMPANY IS NOT A CONTENT STORAGE SERVICE. THE COMPANY BEARS NO LIABILITY FOR ANY LOST OR ERASED CONTENT OR PUBLIC INFORMATION. YOU SHOULD ALSO BE AWARE THAT ANY CONTENT POSTED, UPLOADED, SHARED, OR OTHERWISE MADE AVAILABLE MAY BE READ, COLLECTED, AND USED BY OTHER USERS, AND COULD BE USED TO SEND UNSOLICITED CONTENT.
The Website or Services may include links or other content related to websites, advertisers, publishers, or Products offered by third parties. The Company lacks control over such links or content and does not make any representation regarding them or the information transmitted through them or provided by any such third party. YOU UNDERSTAND AND AGREE THAT THE USE OF SUCH LINKS OR OTHER CONTENT IS AT YOUR OWN RISK, and that such links or content are subject to the terms of use and privacy policies of the respective third parties. The Company bears no responsibility for the privacy practices, business practices, or other policies of these third parties. It is essential for you to carefully review the applicable terms and policies that apply to any such third party. THE COMPANY IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR SUCH THIRD PARTIES, or for any loss or damage incurred as a result of engaging with them. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY for any controversies, claims, suits, injuries, loss, harm, and/or damages arising from or related to such third parties, including without limitation issues concerning availability, terms of use, privacy, information, content, materials, advertising, charges, products, and/or services.
The use of the Website and Services for commercial purposes is generally not allowed unless expressly authorized by the Company, such as when connecting Users to Third Parties. Users are prohibited from using the Website and Services to engage in activities such as recruiting for other websites, soliciting, advertising, or contacting Users for employment, contracting, or any other business purposes unrelated to the Company without obtaining written consent from the Company. It is your responsibility not to use the Services and Website to contact, advertise, solicit, or sell to other Users without their explicit consent, unless such actions are specifically allowed under these Terms.
Users have the option to reach out to the Company for assistance and support related to the Website and Services. This can be done by sending an email to the designated contact address provided by the Company.
The Company endeavors to maintain the security and safety of the Website and Services through reasonable efforts. However, it’s important to recognize that no technology is entirely immune to security breaches. While we strive to utilize commercially reasonable methods to safeguard your personal information, we cannot ensure absolute security. Please note that, except as specifically outlined in these Terms, your use of the Website and Services is solely at your discretion and risk.
The Website and Services are offered on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. The Company explicitly disclaims all implied or statutory warranties regarding the Website and Services, including but not limited to warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance.
The Company does not provide advice regarding the suitability or risk of any trades, transactions, or engagements. It does not endorse or advise on any specific transaction or engagement. You are solely accountable for evaluating the transactions and engagements you engage in. The Company, its officers, employees, and affiliates will not be held responsible for any transaction or engagement choices you make. You understand that you are solely accountable for your transaction and engagement decisions. No information or advice, whether given verbally or in writing, received from the Company or its officers, employees, or affiliates will create any warranty not explicitly stated in these Terms. Should you choose to rely on such information, you do so entirely at your own risk. It is important to be aware that certain states or jurisdictions might not permit the exclusion of particular warranties. As a result, some of the above disclaimers might not be applicable to you.
The Company does not provide any guarantees regarding the value, quality, compatibility, or any other characteristics of Third Parties, Products, or any other information offered, accessed, or made available (referred to in this section as “Features”). The responsibility for any Feature lies solely with the relevant Third Party or User utilizing it, as applicable, or engaging with the Services or Website. The Company is not obligated to monitor compliance with such matters but may take actions if non-compliance is detected, as determined at its sole discretion in accordance with these Terms. You acknowledge and accept that you might come across content or information that is inaccurate, objectionable, not suitable for children, or otherwise inappropriate for you.
The Company is not accountable for any issues or technical malfunctions of telephone networks, computer online systems, servers, providers, computer equipment, software, or email due to technical problems or internet traffic congestion. This includes any harm or damage incurred by Users or any individual’s device related to or resulting from participation or material downloads associated with the Website or Services. Under no circumstances is the Company responsible for the behavior of third parties, which includes Users, both online and offline, as well as operators of external websites.
In no case shall the Company, its officers, directors, employees, or agents be liable to you for any indirect, incidental, special, punitive, or consequential damages arising from or related to your use of the Website or Services. This includes circumstances where the damages are foreseeable and whether or not the Company has been informed about the possibility of such damages. The above limitation of liability applies to the fullest extent permitted by law in the relevant jurisdiction.
You shall protect, indemnify, and absolve the Company from and against any and all lawsuits, legal proceedings, claims, damages, costs, liabilities, or expenses (including legal fees and court costs) that the Company may experience or accrue in relation to any actual claim, request, lawsuit, or other legal action initiated by a third party, arising from or linked to any violation of these Terms by you or any use of the Website or Services by you that is not in accordance with the relevant laws.
These Terms will be governed by the laws of England, excluding its conflict of law principles, and without regard to the United Nations Convention on the International Sale of Goods. Your actions may also be subject to other local, state, and national laws. Any dispute arising under these Terms or related to the Website or Service will be conclusively settled by the competent courts of England. You are prohibited from initiating any class action claims against the Company, and by using the Website or Services, you agree to waive your right to pursue any such class action claims.
Any legal action against the Company must be initiated within one (1) year from the date when the cause of action first arose. In the event that any provision of these Terms is determined to be unenforceable, that provision will be replaced with an enforceable provision that most closely achieves the intent of the original provision, and the remaining terms of these Terms will continue to be valid. Nothing in these Terms establishes an agency, employment, joint venture, or partnership relationship between you and the Company or authorizes you to act on behalf of the Company. Except as explicitly stated in these Terms, these Terms constitute the entire agreement between you and the Company regarding the subject matter hereof.
Any notices that we are required to provide to you, whether by law or under these Terms, may be delivered by the Company to any contact information you have provided in your Account information or otherwise, including through email. You explicitly consent to receiving such communications and notices in this manner.
You are not permitted to transfer any rights hereunder without obtaining our prior written consent. The inclusion of any provision in these Terms does not limit the actions or remedies available to the Company regarding any prohibited activity or conduct. The Company reserves the right to enforce such provision at its sole discretion. No waiver of any breach or default under these Terms will be considered as a waiver of any prior or subsequent breach or default.