Advertisers means RollerAds’s consumers, who after finishing the registration technique by offering all the required guidance and urgent the REGISTER button turns into part of the RollerAds Network, being then entitled to create Push Notifications offering the mandatory Push Ads Material, for which the Advertiser may be liable of, and authorizing RollerAds as your middleman to include them on the RollerAds Platform. Publishers means an entity that has the ability to directly or not directly bring Push Notifications to End Users, and who after finishing the registration manner by offering all the required tips and urgent the REGISTER button will become a part of RollerAds Network, being then in a position to take part on the RollerAds Platform, and authorizing to this effect RollerAds to act as middleman. RollerAds Platform means the online platform owned and operated by RollerAds, to which YOU have registered, and that i makes it possible for the Advertiser to create and launch Push Notifications Campaigns, and ii enables the Publisher to acquire Push Notifications Advertisements that could be added to the End Users to whom the Publisher has the ability directly or not directly to convey Push Notifications. RollerAds acts perpetually as an intermediary, without a constructive abilities on the content of the Push Notifications shown to End Users or the Websites or Applications they redirect to, and and not using a manage on the End Users to which the Push Notifications might be shown.
Advertisers and Publishers are the one guilty parties, respectively, for such content, and for ensuring End Users have legally and validly accomplished the subscription or acceptance to get hold of Push Notifications; and will always hold RollerAds harmless for any responsibility, infringement, damage or loss which may derive from, or in the case of, Push Notifications added to End Users using the RollerAds Platform. All numbers with respect to the Ad Units distribution for the purposes of billing and price will be based on RollerAds’ reporting system. RollerAds will deliver Advertiser with automatic reports in any case on a weekly basis throughout the Platform. The events agree that RollerAds’s reviews and profitable bids as recorded and/or calculated in RollerAds’s logs might be deemed as sole and decisive proof with respect to amounts owed hereunder and will be binding upon the Advertiser. 1.
Either party may terminate the present Agreement with 48 hours’ written notice to the opposite party. 2. RollerAds will be entitled, with instant effect, to stop Client’s recreation in the platform or to in advance terminate this Agreement in writing where: a Client uses the Service or Program in a manner that includes the perpetration of against the law; b Client uses the Service or Program in a fashion that events losses or the danger of loss for RollerAds or any third Party; c it may be rather assumed that pastime violates governing law; d then again reminders, client fails to pay agreed fees or some other remuneration to RollerAds within a stated time; e Client differently fails to agree to this Agreement and such breach of contract is cloth; or f Client is placed into insolvent liquidation or is in a different way bancrupt. In this example, RollerAds shall have the right to dam your account immediately and to withhold the remaining funds in your account as a fine. You recognize and agree that in case of Your account has been deleted at any reason it doesn’t mean that user data can be erased too. In this clause, “RollerAds Rights” means when it comes to RollerAds, the Platform and Services, all:i patents, innovations, designs, RollerAds shall grant the Advertiser an infinite, non unique, fully transferable, sub licensable, around the globe, royalty free, fully paid up right and licence to use the Platform.
Except as expressly set out in these Terms, you aren’t entitled, for any goal, to any RollerAds IP Rights. We shall at all times retain ownership, adding all rights, title and pursuits in and to the RollerAds IP Rights and you take into account and accept that by using the Services pursuant to these Terms you shall not: purchase or otherwise be entitled to any RollerAds IP Rights; make a claim in appreciate of any RollerAds IP Rights or every other equivalent rights; or use, try and use, copy, imitate or modify whether in whole or partially any RollerAds IP Rights, except with our prior written consent. You agree that your use of the RollerAds Services is at your sole and exclusive risk. RollerAds Services is provided “as is” and without any guaranty or situation, express, implied or statutory. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM i YOUR USE, MISUSE OR INABILITY TO USE THE ROLLERADS SERVICES, ii YOUR RELIANCE ON ANY CONTENT ON THE SERVICE, iii THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF ROLLERADS SERVICES, iv THE TERMINATION OF ROLLERADS SERVICES BY US, OR v THE TEMPORARY OR PERMANENT SHUTDOWN OF YOUR PROPERTY OR OTHER PROPERTIES PARTICIPATING IN THE ROLLERADS SERVICES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF EITHER PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY OF LIABILITY.
THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER ROLLERADS SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH ROLLERADS SERVICES. Each of the Parties hereby represents and warrants that it is in compliance with the Data Protection laws relevant to a similar including EU rules in force on the coverage of natural individuals with reference to the processing of non-public data and on the free circulation of such data, and that it has complied with all the terms, requirements, complaints and regulations required to bring together non-public data by anything means, allowing for the foreseen use of a similar. YOU acknowledge and accept that every one private data submitted in relation to the Agreement or your registration in the RollerAds Platform might be incorporated on RollerAds database, created with the purpose to carry out the contractual courting among the Parties, in addition to to supply industrial information in anyway available, adding by web based generation, so that you can complement the commercialized amenities. RollerAds informs YOU of YOUR rights of access, rectification, cancellation and competition. YOU are entitled to train any of those rights, by way of written notification to here email tackle: may assign this Agreement to a subsidiary or business successor.
You won’t assign this Agreement without the prior written consent of RollerAds, which shall not be unreasonably withheld. This Agreement and any dispute or claim adding non contractual disputes or claims bobbing up out of or in reference to it or its subject matter or formation will be ruled by and construed according to the laws of the State of Delaware. Each party irrevocably agrees, for the sole advantage of RollerAds that, subject as offered below, the courts of the State of Delaware shall have exclusive jurisdiction over any dispute or claim including non contractual disputes or claims coming up out of or in connection with this agreement or its field matter or formation. Nothing in this clause shall limit the correct of RollerAds to take proceedings towards Advertiser in every other court of able jurisdiction, nor shall the taking of lawsuits in anybody or more jurisdictions avert the taking of proceedings in every other jurisdictions, even if concurrently or not, to the extent authorized by the law of such other jurisdiction. Neither RollerAds nor any member of the RollerAds Companies will be liable or guilty to you, or be deemed to have breached these Terms, for any failure or delay in satisfying or performing its responsibilities under these Terms, if and to the level such failure or delay is brought on by, effects from or is differently connected to acts beyond its inexpensive handle, including, without challenge: a acts of God; b flood, fire, earthquake or explosion; c war, invasion, hostilities whether war is declared or not, terrorist, hacking or cyber threats, assaults or acts, or other civil unrest; d any laws, statutes, ordinances, rules, rules, judgments, injunctions, orders and decrees; or e action by any nation or government, state or other political subdivision thereof, any entity exercise legislative, regulatory, judicial or administrative functions of or relating government, including, without problem, any executive authority, agency, department, board, commission or council. Refund could be utilized only upon written request containing purposes on your refund to in case if Ad campaign can’t be introduced due to reasons covered but not restricted to noncompliance of the promoting materials with the necessities of latest legislations, unacceptable quality and/or content material of the artistic, other purposes deemed relevant by RollerAds’ officer.
Refund might be made in the quantity of unused funds. Amount must be calculated based off RollerAds’ reporting system. Refund will be utilized only to the actual payments made by the Advertiser to RollerAds. All funds credited to the account of the Advertiser in the frame of participation in bonus programs or similar activities of RollerAds are non refundable after all and field to the terms and stipulations of such courses. A refund request may be considered official ONLY if it’s been sent from the email used for Advertiser’s Account registration. The refund may be credited back to the same payment method and same account that was used to make the charge.
Refund is not acceptable in case the Advertiser breaches terms and prerequisites of the current Agreement or other terms agreed by the parties. This Agreement represent the Parties’ entire contract with appreciate to the subject matter hereof, and change, annul and supersede any other agreements or documents of the Parties in relation thereto. RollerAds reserves the right to change, from time to time and in its sole discretion this Agreement. In case of amendment of this Agreement, RollerAds will communicate said modification to YOU. The notified amendment will be deemed customary by YOU as long as YOU do not talk in writing to RollerAds YOUR confrontation within a period not exceeding five 5 days. In case YOU talk YOUR confrontation, RollerAds might be entitled either to terminate the Agreement, or to hold applicable to YOU the terms and stipulations in force prior to the amendment.