ADPLOTTER Terms of Service:
(Last Revised: December 12, 2016)
The following Terms of Service ("TOS"), set forth the terms and conditions which shall govern the relationship between Adplotter LLC., its subsidiaries, affiliates and agencies (collectively "Adplotter" or “Company”) and you as a subscriber ("You" or “Your”) that purchases the intelligent content distribution and other services (collectively the “Service”) offered through the Adplotter service located at www.adplotter.com (the “Site”). You agree to use the Site, the Service and any additional products and/or services offered by Adplotter only in accordance with the TOS. Adplotter reserves the right to make changes to the Site, the Service and the TOS at any time and without prior notification.
The latest TOS will be posted on the Site. By using the Site and/or accessing Your account, You consent to the TOS currently on the Site. Therefore, You should regularly check the Site for updates and/or changes. For purposes of the TOS “Subscriber” includes the individual, company or entity and, without limitation, any parent entities, owners, subsidiaries, publishers, predecessor or successor entities, and any agents, officers, directors or employees acting on behalf of same, registering with Adplotter to use the Service. If You do not agree to the TOS in its entirety, You are not authorized to: (a) register as a Subscriber; (b) use the Service; and/or (c) use the Site, in any manner or form whatsoever.
1. ADULT USE ONLY
The Service is intended for Adult use only. All Users must be 18 years or older to access and use the Service. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Adplotter will never knowingly solicit nor will it accept personally identifiable information from Users known to be under thirteen (13) years of age.
You affirm that You are either at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS.
2. ACCOUNT SECURITY and SERVICE USAGE.
Adplotter is not responsible for maintaining the security of Your username and password. It is Your responsibility to notify Adplotter if You believe Your username or password have been compromised or used in an unauthorized manner. Adplotter assumes no responsibility, liability or obligations for any loss or damage to resulting from Your failure to comply with the security of Your username and/or password. You are responsible for all activity and usage of the Service and for all content created on, posted to or accessed under Your username and password. You agree not to share Your username and password with other people.
3. ACCURATE USER INFORMATION
You must provide a name, valid email address and other information necessary to register with the Service. You agree to provide true and accurate information to register with the Service. You agree not to impersonate any person or entity or a false identity or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services.
Adplotter reserves the right to terminate Your use of the Services upon the discovery that the information You provided is not complete or accurate.
4. COMPLIANCE WITH LAWS
You are responsible for complying with all applicable local, state, national and foreign laws relating to Your use of the Service. You may not violate any applicable law or regulation; upload, post or transmit any materials through the Service that violate any applicable local, state, national or foreign law.
5. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Service Provider, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, reverse engineer or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Adplotter.
6. REFUND POLICY / CANCELLATION / non-Guarantee
Adplotter is paid for monthly on a prepaid basis. Even if You purchase the Service and then choose to not use it, no refunds will be given. Although no refunds are available, You can cancel Your account by accessing the “My Account” section of Your Adplotter account and clicking on “Cancel my Subscription”. Because the Service is paid for on a prepaid basis, You can renew Your account with no charge prior to Your next scheduled billing date by contacting us at firstname.lastname@example.org. Cancelation links for any other add on services sold by Adplotter will also be available in the “My Account” section of Your Adplotter account. You agree and understand that we have the right to delete all data associated with Your account 30 days after the date You submitted the cancellation request. If You email customer service and request that we cancel Your account, we will direct You to cancel Your account by accessing the “My Account” section of Your account as described above. For refund purposes, Your account will not be ‘canceled’ for billing and refund purposes until You cancel the account as directed above.
AdPlotter Service delivers Your digital advertisements to social media and classified ad sites as You direct, and also allows You to email and otherwise distribute ads as You see fit. Adplotter does not guarantee any degree of success of selling the product or service being marketed in Your digital advertisements. Adplotter will not provide refunds based on the degree of success, or lack of success, in selling Your product or service using the Service.
7. THIRD PARTY REFERENCES / HYPERLINKS
This site may link You to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Service Provider, and You acknowledge that Service Provider is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
8. CONTACTING US
If You need to contact us, You can do so at email@example.com
9. RESTRICTIONS FOR THE SERVICE
A. You agree that the following actions are strictly prohibited and will result in immediate termination of the Service:
- • Any action that places an unreasonable burden on the server hosting the Service.
- • Any action that interferes with the running of this Service.
- • Any attempt to gain unauthorized access to any portion of the Service.
- • Submission of content about pornography, illegal drugs or activities of any kind, occult, hate, terrorism or racism.
- • Submission of content or usage of the Service in a way that violates the intellectual property rights of Company or third parties.
- • Submission of content that violates any state, federal, or other applicable laws.
- • Impersonating another individual or company in Your usage or content submitted through the Service
B. Company reserves the right, in Company’s sole discretion, to terminate Your account for a violation of these terms, or for any reason company deems appropriate.
C. Company also reserves the right to discontinue the Service at any time, with no notice or liability.
D. By using this Service, You will be prompted to submit login details about Your accounts on various third party sites. Company cannot guarantee that the content You submit to third party sites using the Service will always be accepted by those services. In fact, it is possible that Your usage of the Service can cause Your account on a third-party site to be suspended if Your submission history violates their terms or triggers something that the third-party site deems inappropriate. You therefore agree and understand that Company does not warrant that all third-party sites will accept Your content, or that the Service will provide any specific result or benefit.
10. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SERVICE PROVIDER OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SERVICE PROVIDER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Service Provider, You agree to defend, indemnify, and hold Service Provider and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from Your misuse of this site.
13. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this TOS constitutes the entire TOS between You and Service Provider with respect to this site and supersedes all prior or contemporaneous communications between You and Service Provider with respect to this site. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
By purchasing and/or using the Service, You agree to and submit to be governed by the laws of the State of Texas, without regard to its conflict of law provisions whose application would result in the application of the law of a different jurisdiction. Furthermore, You agree to submit to the personal and exclusive jurisdiction of the courts located within Bexar County, Texas, to resolve any dispute or claim arising from this Terms of Service agreement or Your purchase and/or use of the Service.