Voluum DSP Terms and Conditions

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Subject in your popularity and compliance with these Terms, Voluum grants You a non exclusive, non transferable, limited right to access, use and exhibit the Website and the components thereon. You shall not interfere or try to intervene with the Website or the Services by any means via any means or device adding, but not restricted to using automation application, bots, spamming, hacking, importing computing device viruses or time bombs, or any unauthorized third party software editing or interfering with the Website or Service, or by any means prohibited by these Terms or binding law. Voluum reserves the right to assess what conduct it considers to be in violation of those Terms. Voluum reserves the right to manage and verify compliance with these restrictions and barriers.

Voluum reserves the correct to take action on account of violations, that may come with terminating your Account and prohibiting you from using the Service in whole or partially. When a person, Advertiser represents and warrants: he/she is at least 18 eighteen years old, has full capability to carry out acts in law and is a person working a company i. e. Advertiser is not a shopper. If any guidance offered by Customer is faulty, not latest or incomplete, Voluum has the right to refuse to register Customer’s account or terminate Customer’s account.

By finishing the account registration manner, and clicking the “register” button, Customer agrees to be bound by this agreement and acknowledges the establishment of an account on behalf of such Customer the “Account”. Advertiser shall not permit any 3rd party to use or gain access to Voluum DSP Platform and shall use within your budget security measures to offer protection to towards unauthorized usage and/or access. Advertiser is guilty for identifying and endlessly managing its password and security settings to protect Advertiser’s account and Advertiser’s campaigns settings including Advertiser’s contact advice from unauthorized adjustments. Advertiser is absolutely guilty for keeping up the confidentiality and secrecy of Advertiser’s password and account safety settings, in addition to Advertiser’s other information. All penalties of Advertiser’s voluntary disclosure of password and account guidance, as well as all events that occur in Advertiser’s account are Advertiser’s accountability.

Advertiser agrees to notify Voluum immediately of any unauthorized use of Advertiser’s account or every other breach of security. Unauthorized use of the Service, by those other than the Customers in these terms and outdoors of the outlined authorized uses herein, is prohibited. You will supply up-to-date and hold honest, correct, latest, and finished guidance as brought on by the registration form for login credentials. We reserve the correct to delete your Account if we accept as true with you’ve misrepresented any of the registration advice submitted. You must use all commercially good value efforts safeguard your account credentials to steer clear of unauthorized use of, or access to Your Account and, the Service.

You agree not to use the login credentials of a different user at any time or to divulge your login credentials to any third party. You comply with notify Voluum automatically if you trust your account or log in credentials have been used by an unauthorized party. You are solely responsible for any and all use of your account, including that by a third party that should have fairly been avoided by safeguarding your login credentials. Voluum reserves the proper to handle and verify compliance with these restrictions and limitations. Voluum also reserves the proper to remove the Content, and shall not be susceptible to Customer for any damages or other legal or equitable relief for such willpower or elimination, to the level that Voluum determines, in its sole and absolute discretion, that content provided by the Customer to Voluum doesn’t fulfill the terms, policies, or checklist contained in the contracts agreed to by Voluum and the respective Publishers or Exchanges, or to the extent that Voluum is advised of an identical by the respective Publisher or Exchange. By using Voluum DSP Platform, a web-based advertising demand side platform that allows to plot, select, purchase and computer screen global online advertising campaigns in real time from online media shops, Customer may compile or use some data concerning events of end users.

This data may come with counsel about IP addresses, session based looking behaviour, device related data extra known as „Data”. Voluum DSP Platform does not bring together data which by itself identifies a person comparable to name, address, phone number, email tackle. Please note that any references to “end users” mean the tip user of an Internet attached device, equivalent to a guest to a page, a user of a mobile app, or a user of an IoT device, or a guest on advertisement or campaign webpage. If any Data is in my opinion identifiable information or private data, as such term is defined under the EU General Data Protection Regulation 2016/679 additional called the “GDPR” and “Personal Data” respectively, and the processing thereof, shall be governed under the terms and conditions set forth in the Voluum Data Processing Agreement additional called “DPA”. A latest version of the DPA done by Voluum is available in phase Data Processing Agreement on our web site, and shall become effective as of May 25, 2018. In the case of Voluum, Confidential Information consists of in each time the elements and capability of the Voluum Services and Website.

Confidential Information does not come with tips that: a is or turns into generally known to the general public through no fault of or breach of this Agreement by the receiving party; b is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; c is independently built by the receiving party without use of the revealing party’s Confidential Information; or d the receiving party rightfully obtains from 0,33 party with out limit on use or disclosure. Use and Disclosure Restrictions. Each party shall not use the other party’s Confidential Information except as essential to undertaking its rights or carry out its responsibilities under this Agreement. Each party shall not disclose the other party’s Confidential Information to any third party except to those of its employees, subcontractors, and advisers that should know such Confidential Information and are contractually absolute to the use and disclosure restrictions set forth during this Agreement. Each party will use all budget friendly efforts to hold the confidentiality of all Confidential Information of the alternative party in its possession or manage, but never lower than the efforts that party commonly uses with respect to its own proprietary assistance of similar nature and significance. The foregoing duties won’t restrict either party from disclosing Confidential Information of the other party: a pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonably priced notice to the alternative party to contest such order or requirement or b on an as needed, confidential basis to its legal or economic advisors.

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Each party may divulge the terms and stipulations of this Agreement as required under applicable securities guidelines and on a confidential basis to current or potential traders or acquirers of such party. Customer agrees and acknowledges that the act of loading data files or other specifications onto the Services results in Content being purchased via promoting exchange approaches and other virtual media assets. Moreover, Customer acknowledges and agrees that Voluum has not and doesn’t guarantee that either the kind or amount of promoting stock fitting the bid parameters or preferences of Customer shall be accessible on the exchanges, or that Customer’s stock bid shall be successful. Customer covenants and agrees that it is guilty for uploading its Advertisements and Content, and that while Voluum has the correct to check any and all of Customer’s Content, Voluum is under no duty to do so. However, Voluum, in its sole and absolute discretion, reserves the correct to disapprove of any or all of Customer’s Content and take away any Content that Voluum, in its sole and absolute discretion, determines is in violation of the Agreement, and any terms and conditions or guidelines contained herein or integrated by reference. As such, Customer shall not knowingly post or distribute any Advertisements via the Services that are obscene, illegal, or which promote illegal behavior, or which in a different way violate the terms and prerequisites of this Agreement.

Customer agrees that it is guilty for any acts or omissions of any of its personnel, agents or subcontractors, and that it is going to use low-budget efforts to ensure such employees, agents and subcontractors adjust to the terms of this Agreement. To the extent applicable to its functionality under this Agreement, You shall consistently adjust to any and all relevant laws and rules with admire to its use of the Services. You agree and acknowledge that i the Services and Voluum’s operation of the Services may be discipline to the guidelines of publishers and exchanges and duly negotiated and done contracts and agreements with those publishers and exchanges; ii amendments to this Agreement may become necessary sometimes to adjust to a policy change of a writer or trade; and iii the Parties shall timely implement such change, and where necessary, amend this Agreement to replicate such modification. Voluum hereby covenants and agrees that, discipline to all disclaimer of warranty and barriers of liability contained in this Agreement, Voluum will i deliver Customer with direct access to the Services; ii allow Customer access to buy Digital Media Inventory and upload Content via the Services; and iii make technical assist for the Services available during Business Hours as defined during this Agreement. Voluum hereby grants to Company a non exclusive, non sublicensable, non transferable, revocable right and license in the course of the Term and in the Territory to use Voluum DSP Platform for its own use or on behalf of its Customers the “License”; or, subject always to the License regulations set forth in Section 3 below.

YOUR USE OF VOLUUM DSP PLATFORM IS AT YOUR SOLE RISK. VOLUUM DSP PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VOLUUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. VOLUUM MAKES NO WARRANTY THAT I VOLUUM DSP PLATFORM WILL MEET YOUR REQUIREMENTS, II VOLUUM DSP PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, III THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VOLUUM DSP PLATFORM WILL BE ACCURATE OR RELIABLE, OR IV THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH VOLUUM DSP PLATFORM WILL MEET YOUR EXPECTATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VOLUUM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF VOLUUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: I THE USE OR THE INABILITY TO USE VOLUUM DSP PLATFORM; II THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM VOLUUM DSP PLATFORM; III UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; IV STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON VOLUUM DSP PLATFORM; OR V ANY OTHER MATTER RELATING TO VOLUUM DSP PLATFORM. 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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF VOLUUM DSP PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF VOLUUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND OTHER AUTHORIZED THIRD PARTIES FOR ALL CLAIMS RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES OR THE WEBSITE SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE BID FROM WHICH THE CLAIM AROSE. SUBJECT TO APPLICABLE LAW, VOLUUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND OTHER AUTHORIZED THIRD PARTIES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: A INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; B DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, C USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET VOLUUM SYSTEMS REQUIREMENTS, D ERRORS IN CALCULATIONS, PROGRAMMING OR ALGORITHMS, E INFORMATION OBTAINED FROM THIRD PARTIES, F LOSS OF PROFITES OR REVENUE, EVEN IF VOLUUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS APPLY EVEN IF VOLUUM AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VOLUUM WILL NOT BE LIABLE, OR CONSIDERED IN BREACH OF THE AGREEMENT, ON ACCOUNT OF A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND VOLUUM’S CONTROL.

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VOLUUM SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF ITS AFFILIATES. CUSTOMER UNDERSTANDS AND AGREES THAT PARTICIPATION IN VOLUUM DSP PLATFORM SOLELY AT CUSTOMER’S OWN DISCRETION AND AT CUSTOMER’S OWN RISK. VOLUUM’S LIABILITY UNDER THE AGREEMTENT OR ANY RELATED DOCUMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID AND PAYABLE TO VOLUUM BY CUSTOMR UNDER THE AGREEMETN FOR THE THREE 3 MONTH PERIOD PRECEEDING THE DATE THE FIRST LIABILITY AROSE. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF VOLUUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND OTHER AUTHORIZED THIRD PARTIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES, THE WEBSITE, AND THEIR USE. EACH PARTY ACKNOWLEDGES THAT THE COMPENSATION PAYABLE HEREUNDER REFLECTS THE ALLOCATION OF RISK SET FORTH IN THE AGREEMENT AND THAT EACH PARTY WOULD NOT ENTER INTO THE AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY. Voluum doesn’t assure any effects of Customer’s Campaign, in particular Voluum does not assure to deliver any number of visitors or Clicks.

Customer also understands that Voluum does not assure sales or sign ups i. e. , conversions and will not issue money back if none are achieved. Voluum doesn’t assure any sales and will not be held guilty if sales are not generated. All legal court cases shall be carried out in English.

All agreements among Voluum and Customer shall be ruled by, and construed according to, the laws of the State of Poland other than its conflict of law provisions, without giving any effect to any selection of law provisions thereof that would cause the applying of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to those Terms of Service. Any litigation based hereon, or arising out of, under, or in connection with these Terms of Service and all agreements between Voluum and Customer, shall be introduced and maintained exclusively in the competent court in Cracow. Except as may be set forth in an written contract signed between Voluum and Advertiser, these Terms of Service constitute the final, finished, and unique remark of the terms of the use of Voluum DSP Platform among the events and supersedes all prior and contemporaneous understandings or agreements of the events. Amended models of this Agreement could be advantageous upon posting at voluumdsp.

com/terms and prerequisites/. Your continued use of Voluum DSP Platform after the helpful date of any such changes will constitute your recognition of and contract to such changes. Voluum reserves the proper to change Voluum DSP Platform and its content material, functions or services at any time in its sole discretion and without any legal responsibility. Voluum agrees to use commercially reasonable efforts to cut unscheduled modification and upkeep interruptions. However, Voluum reserves the right to switch or maintain Voluum DSP Platform at any time, with or without warning to Advertiser.

Voluum shall not though make any amendments to the inventive content of an Advertisement. If a court or an arbitrator of able jurisdiction holds any provision of these Terms of Service to be unlawful, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the ultimate provisions, or pieces of them, just isn’t affected. Notwithstanding the foregoing, if such provision can be more narrowly drawn so as not to be invalid, prohibited or unenforceable in such jurisdiction, it shall, as to such jurisdiction, be so narrowly drawn, with out invalidating the final provisions of those Terms of Service or affecting the validity or enforceability of such provision in some other jurisdiction. Any notice, communication or commentary regarding these Terms of Service shall be in writing or electronic form and deemed advantageous: i upon delivery when brought in person; ii upon transmission when delivered by demonstrated facsimile or other confirmed electronic transmission; iii when brought by licensed mail or postage prepaid to the tackle of the respective party as indicated herein or in the case of Domain Owner, as last provided to Voluum; iv in the event of non cloth changes to this Agreement, notice shall be deemed valuable upon posting at voluumdsp. com/terms and conditions/, v and in the development of cloth alterations to this Agreement, notice shall be helpful upon the sending of an email from Voluum to the email address last provided by Advertiser. Copies of all notices shall be sent to: Codewise VL Spółka z ograniczoną odpowiedzialnością spółka komandytowa, ul.

Lubicz 17G, 31 503 Krakow, Poland, Attn: Legal Department. Customer acknowledges that through its relationship with Voluum, it may learn that certain Publishers work with Voluum. During the term of the Agreement, and for the 6 six month period following its termination, Customer agrees not to use its capabilities of any Publisher learned via its relationship with Voluum to solicit such Publisher to enter into an agreement with Customer that would displace Voluum in its courting with such Publisher, or in another way obtain advertising features from such Publisher similar to those provided hereunder; offered, even though, that this prohibition shall not apply to Publishers with which Customer had a enterprise dating that pre dates the date of the Agreement.