Terms and Conditions
AdfitTo, a company registered in England and Wales under company number xxxxxx, whose registered office is at xxxxxxxxxxxx, UK. ‘AdfitTo’ Set out the following terms and conditions upon which AdfitTo offers a self service or managed account to an AdfitTo Subscriber, a licence to use the AdFitTo Services via the AdFitTo Platform.
These Terms and Conditions of Use determine your use of the AdfitTo Website. We refer to AdfitTo Software and its affiliates and subsidiaries in these Terms as “AdfitTo,” or “the website” or “we,” or “us.” Please read these Terms and Conditions carefully before using the AdfitTo Website to ensure your understand what this agreement entails.
By using the AdfitTo Website, you (the “user” or “subscriber”) signify your agreement to be bound by these Terms and conditions, applicable laws and regulations governing the AdfitTo Services, Website and Platform. You will be asked to clarify your agreement of these terms before registering for a free trail or subscribing to a service by ticking a box with an “agree” beside it. If you do not agree to these Terms, do not tick the agree box and do not continue to use the AdfitTo Website.
If You violate these Terms, AdFitTo may terminate Your use of and access to the Website and the AdFitTo Platform, bar You from future use of the Website and the AdFitTo Platform and/or take appropriate legal action against You. AdFitTo reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Website.
Services
The Website, the AdfitTo Platform and the AdFitTo Services may include, but are not limited to, the provision of a managed account or an online self-service for content Publishers. This includes real-time bidding advertising application whereupon user-generated-content (‘UGC’) may be uploaded, posted and accessed which may include text, reviews, articles, images, graphics, photos, stories, audio, video, software, audiovisual combinations as well as interactive features (including file-sharing facilities by way of the social media icons where applicable) and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Website or the AdFitTo Platform for Your use and for the use by an AdFitTo Subscriber (or a visitor to the Website as the case may be to the extent permitted by the functionality of the Website).
AdfitTo-Interpretation and Definitions
Subscriber-a person who has arranged to receive or access an AdfitTo license to access a service with or without receipt of payment.
User-a person who is visiting the AdfitTo website or platform. Not subscribed to an AdfitTo service.
Contract-The legal agreement made between a user/subscriber and AdfitTo.
Publisher-a person who publishes content on the internet, often (but not limited to) website creators/ owners, bloggers, vloggers, business owners, content managers.
Ad Inventory-The Collective “ad-units” a publisher has on their webpage/app/blog/website for advertisement to be shown.
Ad-Unit– a single space on a publishers webpage/app/blog/website where an advert could be placed.
Advertiser-a person or company that wants to advertise a product, service, or event on a publishers inventory.
Licence (software)-is a document that provides legally binding guidelines for the use and distribution of a software.
Ownership and Intellectual Property Rights
The content on the AdfitTo Website, including text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, but excluding Submissions and Feedback (each as defined below) (collectively, “Content”) and the AdfitTo trademark and logo, as well as certain other of the names, logos and materials displayed on or through the AdfitTo Website that constitute trademarks or logos (collectively, “Marks”) are owned by or licensed to AdfitTo and are subject to copyright, trademark, and other intellectual property rights under UK and international laws.
All rights in or to the AdfitTo Website, including in the Content and the Marks, not granted herein are expressly reserved to AdfitTo or its licensors.
Use of the AdfitTo Website and Content.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the AdfitTo Website, or any portion of the AdfitTo Website, including, without limitation, the Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by AdfitTo and its applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. You agree that we may use any information we obtain about you through the AdfitTo Website in accordance with the provisions of our Privacy Policy.
In addition to reviewing these Terms, you should also read our Privacy Policy, which describes how we may collect and use your personal information (http://AdfitTo.co.uk/privacypolicy).
Prohibited content and activities include, but are not limited to:
(a) Violating any local, county, national, or international law or regulation.
(b) Transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
(c) Transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
(d) Knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
(e) Stalking, harassing, or harming another individual.
(f) Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
(g) Interfering with or disrupting the AdfitTo Website or servers or networks connected to the AdfitTo Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the AdfitTo Website.
(h) Launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the AdfitTo Website in a manner that sends more request messages to the AdfitTo Website in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
Submissions.
The AdfitTo Website may enable you to submit messages, comments, photographs, images, or other content (“Submissions”) to the AdfitTo Website. When you provide AdfitTo with a Submission, you grant to AdfitTo and its affiliates, representatives and assigns a non-exclusive, fully-paid, world-wide, transferable, royalty-free license, with the right to grant sublicenses, to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. Submissions may be available to all users of the AdfitTo Website. AdfitTo reserves the right to display advertisements in connection with your Submissions and to use your Submissions to advertise and promote AdfitTo, the AdfitTo Website and any other AdfitTo products or services. AdfitTo reserves the right to modify Submissions in its sole and absolute discretion. AdfitTo is not required to host, display, or distribute any Submissions, and may refuse or remove them at any time.
AdfitTo shall have the right, but no obligation, to monitor Submissions to determine compliance with this Agreement. AdfitTo shall have the right in its sole discretion to edit, refuse to post or remove any Submission. AdfitTo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement in any Submission. Notwithstanding the right to monitor set forth herein, AdfitTo does not control any Submission that you or other users may provide. Accordingly, by permitting you to post Submissions to the AdfitTo Website, AdfitTo is not, and will not become, a publisher of such Submissions and is merely functioning as an intermediary to enable you to provide and display Submissions.
If you make any Submissions, you represent and warrant that: (a) you own all rights in your Submissions or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to AdfitTo the rights in your Submissions described herein; (b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions; (c) your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to AdfitTo upon AdfitTo’s request; and (d) you are at least 18 years of age or between the ages of 13 and 17 and using the AdfitTo Website with parental or legal guardian consent and supervision.
Feedback.
You further agree that AdfitTo and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than Submissions (“Feedback”), whether oral or written, that you may send to AdfitTo or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that AdfitTo has no duties to you, with respect to such Feedback.
Links to and from other Websites.
You may post Content available on the AdfitTo Blog (http://AdfitTo.co.uk/blog/) to certain third party social media websites and other platforms using the links embedded therein.
You agree to comply with any applicable terms of use of those third party platforms and social media websites with respect to posting any Content.
You will be solely responsible for any actions you take in posting the Content, including for your compliance with any applicable terms and conditions of those third party social media websites or other platforms.
Furthermore, the AdfitTo Website may provide, or third parties may provide, links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that AdfitTo is not responsible for the availability of such websites or resources, and AdfitTo does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.
You further acknowledge and agree that AdfitTo 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 content, goods or services available on or through any such website or resource.
Subscription Fees and Payments
You, the user/subscriber are solely responsible for any fees and payments that are required or owed to AdfitTo for services rendered, including, but not limited to, any processing fees or other fees charged by the issuing bank/payment provider.
Payments can be made through a variety of popular payment providers including Mastercard and Visa, Bank Transfer and Paypal. Payment gateway is protected by SSL certificate that protects your personal and credit card information. SSL is the standard security technology that makes sure all data passed between a web server and a browser remain private.
Pricing
The price to be paid for your Subscription or services rendered, will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time.
You agree to pay the fees at the rates notified to you at the time you purchase your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider.
Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the altered price.
Subscription Renewal and Cancellation
Renewal of Subscription
Unless specifically stated in any Subscription offer or promotion when you place your Subscription order with us, if you choose an auto-renew payment option, including direct debit, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. If you do not choose an auto-renew payment option, we will contact you at the end of the initial subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may be changed from time to time. You may cancel your Subscription at any time as set out below;
Cancellation of Subscription
You have the right to terminate your agreement with us at any time. To the extent permitted by the applicable law, payments will be partially-refundable. We will provide refunds or credits for any remaining full-month membership in accordance with our term and conditions.
If you cancel your membership, your account will automatically close at the end of your current month of subscription. To see when your membership is due to expire, and when membership started click “Billing details” on the “Your Account” page. All refunds will be sent to the payment method already set up on your account.
If you subscribed to AdfitTo using your account with a third party Payment Method, such as direct debit and wish to cancel your AdfitTo subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and cancelling direct debit or standing order.
How to Cancel
You can log on to your AdfitTo account on the website and click the cancellation of subscription button or email info@adfitTo.co.uk with the Title of email-“Cancellation of Subscription”.
In the body of the email please include:
- Your Full Name
- Business Name
- Subscription Type
- Date of renewal
- Reason for Cancellation
A confirmation email of cancellation date and refund schedule (if applicable) will be sent from info@AdfitTo.co.uk within 14 days.
Statutory Rights
The Consumer Contracts Regulations allows you to cancel your order within 14 days if you don’t want to continue with a good or service.
We conform to the Consumer Rights Act, which says all goods and services must be of satisfactory quality, fit for purpose and as described.
Limitation of Liability.
To the fullest extent permitted by applicable law, in no event will adfitto or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising from or relating to your use of the adfitto website.
Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent AdfitTo may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of AdfitTo’s liability shall be the minimum permitted under such applicable law.
Indemnity.
You hereby agree to indemnify, defend, and hold harmless AdfitTo, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to (a) any information (including, without limitation, your Submissions, Feedback, or any other content) you submit, post, or transmit on or through the AdfitTo Website; (b) your use of the AdfitTo Website; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. AdfitTo reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AdfitTo in asserting any available defences.
Force Majeure.
Under no circumstances will AdfitTo be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Termination.
If you violate any of these Terms and Conditions, your permission to use the AdfitTo Website and the Content automatically terminates.
Modifications to the AdfitTo Website.
AdfitTo reserves the right to modify or discontinue the AdfitTo Website with or without notice to you. AdfitTo shall not be liable to you or any third party should AdfitTo exercise its right to modify or discontinue the AdfitTo Website.
Other Provisions.
The failure of AdfitTo to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms, together with our Privacy Policy, and any other principles, rules, or guidelines posted in connection with the AdfitTo Website, are the entire and exclusive agreement between AdfitTo and you regarding the AdfitTo Website, and these Terms supersede and replace any prior agreements between AdfitTo and you regarding the AdfitTo Website.
Disclaimer.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE AdfitTo WEBSITE IS AT YOUR SOLE RISK. THE AdfitTo WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AdfitTo AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE AdfitTo WEBSITE (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). AdfitTo AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE AdfitTo WEBSITE OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE AdfitTo WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE AdfitTo WEBSITE;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
(d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE AdfitTo WEBSITE;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE AdfitTo WEBSITE BY ANY THIRD PARTY; AND
(f) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE AdfitTo WEBSITE.
AdfitTo AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE AdfitTo WEBSITE OR ANY LINKED WEBSITE. AdfitTo AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AdfitTo WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AdfitTo OR THROUGH THE AdfitTo WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Changes to these Terms.
From time to time, we may change these Terms. If we decide to change these Terms, in whole or in part, we will inform you by posting the revised Terms to the same location on the AdfitTo Website where this version of the Terms resides.
Those changes will go into effect on the Effective Date disclosed at the end of the revised Terms. Your continued use of the AdfitTo Website constitutes your agreement to abide by the Terms as revised. If you object to any such revisions, your should stop using the AdfitTo Website.