THESE TERMS AND CONDITIONS THE “AGREEMENT” CONSTITUTE THE LEGAL AGREEMENT BETWEEN YOU THE “ADVERTISER” OR THE “PUBLISHER”, AS MAY BE APPLICABLE AND PUSHGROUND, S. L. “PUSHGROUND” THAT WILL GOVERN YOUR PARTICIPATION IN PUSHGROUND’S PLATFORM. PLEASE READ THE AGREEMENT BEFORE COMPLETING THE REGISTRATION PROCESS IN THE PUSHGROUND PLATFORM. BY PRESSING THE “REGISTER” BUTTON AT THE END OF THE REGISTRATION PROCESS YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT AND ALL ITS TERMS AND CONDITIONS, AND WILL BECOME PART OF THE PUSHGROUND NETWORK.
Pushground acts forever as an middleman, without constructive knowledge on the content of the Push Notifications shown to End Users or the Websites or Applications they redirect to, and without manage on the End Users to which the Push Notifications may be shown. The Advertiser and the Publisher are the one responsible events, respectively, for such content, and for ensuring End Users have legally and validly accomplished the subscription or recognition to receive Push Notifications; and will always hold Pushground harmless for any responsibility, infringement, damage or loss that may derive from, or in the case of, Push Notifications added to End Users using the Pushground Platform. Advertiser the one entity liable for the content material of the Push Ads Materials offered, and any online page or application or other vacation spot that the Push Notification directs to, and any amenities and merchandise which are offered in connection with the Push Notification. Pushground aren’t required to submit any Push Notification that is not according to its guidelines, regulations or necessities as decided in its sole discretion. Notwithstanding the foregoing, Pushground’s policies, standards and/or recommendations should not be construed as legal advice, or as enough checklist to ensure that such Push Ads Materials, or Push Notifications adjust to the applicable law. Pushground shall don’t have any duty to monitor or edit the Push Notifications, and Pushground assumes no responsibility and hereby disclaims any legal responsibility for Advertiser’s use or placement of any Push Notification.
Advertiser warrants and represents to Pushground, that it has all rights, title and interests in and to the Push Ads Materials it places on the Pushground Platform, and that its Push Notifications content, and any website or application or other vacation spot that the Push Notifications direct to, do not i include fabric that is illegal, dangerous, threatening, defamatory, offensive, profane, harassing, discriminatory whether in accordance with race, ethnicity, creed, faith, gender, sexual orientation, actual incapacity or otherwise, incites violence or otherwise is objectionable, libellous or deceptive, or which constitutes an invasion of any right to privacy, breaches advertisements rights or, in another manner, breaches third party rights; ii comprise “spam”, malicious code, adware, adware or drive by download applications, viruses, worms, Trojan horses, corrupted files, unauthorized programs or similar programs that would harm data or computers, or may damage or render inoperable the corresponding software, hardware or safety measures, or that interact with end users’ browsers in any manner, it outcomes end users’ web navigation by error page redirections, hijacking, tabs redirection, creation of new tabs, or in any other manner; iii infringe patents, Positioning of the Push Notifications is at the only discretion of Pushground. Pushground does not guarantee that Advertiser’s Push Notifications will be to Publishers End Users, the timing of beginning of the Push Notifications and/or the placement and positioning of Advertiser’s Push Notifications. Pushground reserves the proper to approve, omit, or reject any of Advertiser’s Push Notifications for any reason at any time. In addition, Pushground reserves the correct, at any time, to remove any of Advertiser’s Push Notifications if Pushground determines, in its sole discretion that the Push Notification, violates any of Pushground’s guidelines or may result in legal responsibility to Pushground. Pushground’s failure to reject, cancel, approve, omit, or reject any Push Notification shall not be construed as an reputation of a Push Notification.
Publisher or its associates may reject or remove any Push Notification for any or no reason. Advertiser agrees that Pushground shall not be responsible for any discrepancy in targeting criteria. Advertiser expressly recognizes that Pushground will generate the invoices based on the data supplied by the Advertiser and therefore warrants that such data is correct, fully and legally compliant, especially for invoicing and taxation functions. Any Advertiser residing in the European Union who has offered a VAT number expressly warrants that such VAT number is, in its own nation, valid for the issuance of VAT exempt invoices. Advertiser expressly accepts to be solely liable for any error, direct or oblique loss or damage coming up from the inaccuracy or non compliance of such data or the breach of any of the aforementioned warranties and, accordingly, Advertiser will hold Pushground totally innocent from any of the said errors, direct or oblique loss or damages.
In certain, Publishers are prohibited from trying to procure commissions by buying company transactions themselves or via 1/3 person, which not derive from End Users effectively vacationing Advertisers’ Websites or Applications, by means of real clicks on the imperative Push Notification as an example fraudulently pretending or faking enterprise transactions, by acquiring clicks on the Push Notifications generated by computerized strategies or identical mechanisms. Any method to artificially and/or fraudulently inflates the quantity of clicks is strictly forbidden. Any form of misuse will cause the blocking off of the Publishers’ accounts automatically in this case Publishers may raise an objection i. e. via letter, fax, e mail within fifteen days a good way to supply an announcement and proof that its performance has been continually in accordance with this Agreement. Publisher’s use of any technique of artificially modifying click results shall be a material breach of this Agreement, and upon such occurrence, Pushground may terminate this Agreement with out prior notification.
Such termination is at the only discretion of Pushground and isn’t in lieu of any other remedy available at law or equity. In the development of termination, as a penalty for the breach of this Agreement, the Publisher shall not be entitled to any remuneration or amounts credited in its Administration Panel, regardless of another or added liability incurred by the Publisher. Pushground acts solely as an intermediate among Publishers and Advertisers; and therefore, Pushground shall only be liable to Publisher for Publishers Revenue based on bills from Advertisers that it has obtained with out restrictions that represent automatically available funds to Pushground. Publisher agrees that i Pushground shall haven’t any liability or duty to Publisher for payments due but unpaid from Advertisers; and ii Publisher shall hold Pushground harmless and indemnify it from any claims or legal responsibility associated with such unpaid quantities. Pushground agrees to make every low in cost effort to bill, bring together and clear payment from the Advertisers on a timely basis. Pushground, reserves the absolute right not to make any bills if the Publisher violates any of the terms and conditions set forth herein.
To this effect the Advertiser publicizes, acknowledges and accepts that i Pushground has no duty to distribute the Push Notifications or otherwise promote and manage the Push Notifications, and Pushground disclaims all ensures regarding the effects or performance of Push Notifications; ii the Advertiser has not relied on Pushground’s skills, capacities or results in terms of the management of the Pushground Platform and it does not be low-priced to do so; iii Pushground doesn’t warrant that the facilities fit for the Advertiser, its business, the goal, earnings or profit perspectives of the Advertiser or its clients and Pushground cannot do so; iii Pushground has made no specific warranties concerning the Pushground Platform, program or third party contents; the Pushground Platform is probably not uninterrupted, timely, secure or free from errors; Pushground are not guilty for interruptions or errors which may have occurred in the network, servers or systems of third parties iv the Advertiser is just guilty for any losses, damages, bills, liabilities, etc. including loss of data arising from the use of the Pushground Platform. YOU conform to defend, indemnify and hold harmless PUSHGROUND and each of the participants of Pushground Network from and in opposition t any and all damage, injury, liability, costs and rate adding reasonable attorneys’ fees or other claim, whether or not related to 1/3 party claim, associated with i claims arising from YOUR activities in terms of the Agreement, adding, by the use of example and never limited to, claims bobbing up from the infringement of third party rights; ii the control, ebook, demonstrate or distribution of Push Notifications including claims for defamation; breach of confidentiality agreements; violation of privacy; false, deceptive or misleading exposure or bad sales practices; non enjoyable of buyers or End Users rights; or failure to adjust to representations made; iii wilful, illegal, negligent or malicious acts or omissions committed by YOU; iv breach of the terms of the Agreement or the failure to function any obligation undertaken in the AgreementYOU acknowledge and accept that each one private data submitted relating to the Agreement or your registration in the Pushground Platform can be integrated on Pushground database, created with the aim to perform the contractual courting among the Parties, in addition to to supply commercial suggestions in any way available, adding by web based generation, in an effort to supplement the commercialized amenities. Pushground informs YOU of YOUR rights of access, rectification, cancellation and opposition. YOU are entitled to train any of those rights, by means to written notification to the following email tackle: . Commercial Nature of the Relationship.
The dating which is situated among the Parties by virtue of the Agreement, is a commercial relationship to all outcomes. Pushground and YOU are unbiased Parties who shall act in this capability perpetually, and nothing contained in the Agreement, nor any action taken by any Party in the execution of the same, shall be deemed to constitute either Party or any of such Party’s employees, agents or representatives an worker, or legal consultant of any other Party, nor to create any three way partnership, association, syndication or another form of courting among them. The Parties shall each be one by one chargeable for any company, tax, employment or other form of responsibilities bobbing up from their commercial and financial actions.