TERMS AND CONDITIONS

Updated at July 1st 2023

General Terms

By accessing and/or placing an order and/or funding your balance or by becoming a publisher with Adclix LTD, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Adclix LTD.

By this Agreement Advertiser(s) markets and advertises their goods and services using Advertising Material and Publisher(s) incorporates or embeds the Advertising Material into the Publisher´s Website(s) through DatingClix.com Network using the Ad Serving Platform. On top of that, Adclix LTD provides guidance to help Advertiser(s) and Publisher(s). Adclix LTD is a service provider and has no effective knowledge about the content in the Publisher´s Website(s) and/or the Advertising Material created by the Advertiser(s), which is published in the Publisher´s Website(s). Publisher and Advertiser are the only responsible parties for such content and will always hold Adclix LTD harmless for any responsibility.

Under no circumstances shall Adclix LTD team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Adclix LTD team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.


License


Adclix LTD grants you a revocable, non-exclusive, non-transferable, limited access to its advertising platform.

These Terms & Conditions are a contract between you and Adclix LTD (referred to in these Terms & Conditions as “Adclix LTD”, “us”, “we” or “our”), the provider of the Adclix LTD website and the services accessible from the Adclix LTD website (which are collectively referred to in these Terms & Conditions as the “Adclix LTD Service”).

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Adclix LTD Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.


1.     Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

• Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
• Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to
Adclix LTD A And L, Suite 1-3 Hop Exchange, 24 Southwark Street London, SE1 1TY, United Kingdom that is responsible for your information under this Terms & Conditions.
• Country: where Adclix LTD or the owners/founders of Adclix LTD are based, in this case is
United Kingdom.
 • Advertiser(s) means one or more customers of Adclix LTD which create the Advertising Material, and authorize Adclix LTD as its intermediary to include it on the Publisher’s Website(s).
• Advertising Material
: means the text, graphics, logos, designs, trademarks and copyrights for any type of advertising including, but not limited to banners, text ads, pop-ups and pop-unders created by an advertiser.
• Publisher(s)
means one or more customers of Adclix LTD responsible for the distribution of online Advertising Material on its Website(s).
• Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Adclix LTD and use the services.
• Service: refers to the service provided by Adclix LTD as described in the relative terms (if available) and on this platform.
• Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
• Website: site, which can be accessed via this URL: www.
datingclix.com
• You: a person or entity that is registered with
DatingClix.com to use the Services.


2.     General Restrictions

Any form of misuse, i.e. procuring business transactions by unfair methods or inadmissible means that violate applicable law or this Agreement, is prohibited.

In particular, Publishers are prohibited from attempting to obtain commissions by procuring business transactions themselves or through a third person using the Advertising Material, tracking links and/or other technical aids provided to them in the context of the DatingClix.com Network using one or several of the following methods:

       Fraudulently pretending or faking business transactions, for example by entering third party data without authorization or by providing false or non-existing data when ordering goods or registering online;

       Using Advertising Material that enables tracking although it is not displayed at all, not visibly or not in the manner and/or size stipulated by the Advertiser; or

       Brand-Bidding.

Any form of misuse will lead to the blocking of the Publishers’ accounts immediately. In this case Publishers may raise an objection (i.e. via letter or e-mail) within a month in order to provide a statement and evidence that the chosen form of advertising has been in accordance with this Agreement.  If the Publisher cannot confute the breach of this Agreement, AdClix LTD will issue a notice of termination

As a penalty for the breach of this Agreement, the Publisher shall not be entitled to any remuneration, regardless of any other or further liability incurred by the Publisher.

Fraudulent Impressions. AdClix LTD ad server will be the official counter for determining the number of Advertising Material delivered under and amounts payable under this Agreement.

Any method to artificially and/or fraudulently inflates the volume of impressions or clicks is strictly forbidden. Counts of impressions or clicks will be decided solely on the basis of reports generated by Adclix LTD Advertising Network.

Any method to artificially and/or fraudulently inflate the volume of impressions or clicks is strictly forbidden. These prohibited methods include but are not limited to:

framing an ad-banner’s click-through destination
auto-spawning of browsers
running ‘spiders’ against the Publisher’s own Website,
automatic redirecting of users or any other technique of generating automatic or fraudulent
Advertising Material may not be placed on a page which reloads automatically.
Publisher may not require users to click on Advertising Material prior to entering a Website or any area therein or provide incentives of any nature to encourage or require users to click on Advertising Material.

Any other means of artificially enhancing click results shall be a material breach of this Agreement, and upon such occurrence, Adclix LTD may terminate this Agreement without prior notification. Such termination is at the sole discretion of Adclix LTD and is not in lieu of any other remedy available at law or equity. Adclix LTD ad server will be the official counter for determining the number of Advertising Material delivered under and amounts payable under this Agreement.

Publisher(s) will indemnify and hold Adclix LTD harmless of any liabilities, losses or damages of any nature which are directly or indirectly derived from their infringement of this Agreement.

3.     Publisher Restrictions

Publisher(s) represents and warrants to Adclix LTD that:

– All content, products, and services on the Publisher´s Website(s) are legal to distribute, that it owns or has the legal right to use, and will not infringe, any and all copyrights, trademarks, patents or other proprietary rights;

– The Publisher´s Website(s) are free of any “worm”, “virus”, “malware” or other device that could impair or injure any person or entity; Also included the restirctions in section 5 (advertiser restrictions)

– It is generally familiar with the nature of the Internet and will comply with all rules and regulations that may apply; and it will conduct its business in compliance with all applicable laws, rules and regulations;

– It has full legal power and authority under its organizational documents to enter into this Agreement and to perform the obligations contained herein; and the execution of this Agreement and the performance of its obligations by Publisher(s) will not conflict with or cause a breach or violation of any agreement, law, regulation or other obligation to which Publisher(s) is a party or subject to; and

– The Publisher(s) must respect the prohibition of unsolicited advertisement (“Spam”) when sending Advertising Material via email or via any other equivalent electronic communications means. Therefore, the consent of each and every recipient is to be obtained prior to sending e-mails or electronic communications; should Adclix LTD so request, Publisher(s) must provide written evidence of such consent has been granted.

 

4.     Publisher Payment Policy

Publisher payments can be made weekly or monthly via Wire Transfer or Paypal, please note Wire Transfer payments are only available monthly (Net 20). Payments are generated automatically by the ExoClick platform. To receive a payment, Publishers must reach the minimum payout limit set up in the Administration Panel. Adclix LTD shall pay Publisher for Advertising Material actually delivered by Publisher to each of Publisher’s Website(s) approved by AdClix LTD.

The Publisher expressly instructs AdClix LTD to generate and issue the Publisher’s invoices on behalf of the Publisher. In that regard, prior to making any payment to a Publisher, AdClix LTD will generate automatically, through the DatingClix.com platform, the invoice on behalf of such Publisher, which he expressly accepts hereby in advance.

The Publisher expressly acknowledges that the DatingClix.com platform will generate the said invoices based on the data provided by the Publisher and therefore warrants that such data is accurate, fully and legally compliant, especially for invoicing and taxation purposes.

Any Publisher residing in the European Union who has provided a VAT number expressly warrants that such VAT number is, in its own country, valid for the issuance of VAT-exempt invoices to AdClix LTD. Should a Publisher do not provide Adclix LTD with all the required documents proving its correct registration as a freelancer with the relevant tax authorities, he hereby instructs Adclix LTD to deduct and pay any VAT and/or withholding tax amount that might be due to the UK tax office.

The Publisher expressly accepts to be solely liable for any error, direct or indirect loss or damage arising from the inaccuracy or non-compliance of such data or the breach of any of the aforementioned warranties and, accordingly, the Publisher will hold AdClix LTD totally harmless from any of the said errors, direct or indirect loss or damages.

In case there is any claim, administrative proceeding from any authority, dispute or conflict, in any way due to the inaccuracy or non-compliance of such data provided by the Publisher, AdClix LTD is expressly authorized to retain any payments due to the Publisher until such incident has been resolved and also obtain direct compensation from those amounts retained in case AdClix LTD suffers any loss or damage.

Liability for Publisher’s Revenue. Publisher understands and agrees that Adclix LTD acts solely as a third party for the Advertisers; and that Adclix LTD shall only be liable to Publisher for Publishers Revenue based on payments from Advertisers that it has received without restrictions that constitute immediately-available funds to AdClix LTD.

Publisher agrees that (i) AdClix LTD shall have no liability or obligation to Publisher for payments due but unpaid from Advertisers; (ii) Publisher will only assert any claims therefore directly against the Advertisers; and (iii) Publisher shall hold AdClix LTD harmless and indemnify it from any claims or liability related to such unpaid amounts. AdClix LTD agrees to make every reasonable effort to bill, collect and clear payment from the Advertisers on a timely basis. AdClix LTD, reserves the absolute right not to make any payments if the Publisher violates any of the terms and conditions set forth herein.

AdClix LTD assumes no responsibility for paying any income taxes, banking commissions or currency fees on behalf of Publisher. By participating in the Ad Network, Publisher assumes complete and sole responsibility for any taxes, banking commissions or currency fees owed as a consequence thereof.

AdClix LTD is entitled to withhold, stop or cancel any payments due to Publisher, or disclose any information regarding the Publisher, should it be required to do so by a court or administrative authority.

 

5.     Advertiser Refund Policy

Adclix LTD strives to offer the best service possible to its clients, a refund will be issued for a balance greater than € 500,-  and a processing fee of 15% will be deducted from the refund. Advertisers canceled / terminated by Adclix LTD for violating these Terms are not entitled to a refund.

Adclix LTD also offers so called Flash Sales that contain a fixed number of clicks for a fixed amount in EURO from a specific adzone. For this deals no refund or cancelation is possible, after ordering the clicks will be delivered and the full amount is due for payment and the account needs to be funded to cover the full amount of the agreed Flash Sale.

 

 

6.     Advertiser Restrictions

Advertiser(s) represents and warrants to Adclix LTD that none of the advertising material and links provided contains:

– Any material that consists of paraphilia or scatological activities;
– Any material that contain children or minors in adult or sexual situations;
– Any material that offers illegal products or services;
– Promotion of incentives for online activity to surf websites, click on ads, or any activity that artificially enhances website or advertiser metrics;
– Promotion of violence, racial intolerance, or advocacy against any individual, group, or organization;
– Promotion of fake documents, copied material, or paper mills;
– Any unauthorized use of third party trademarks that either creates a likelihood of confusion that consumers will believe the products or services originated from the trademark owner, or is likely to dilute the value of a known trademark;
– Promotion of drugs or any related paraphernalia;
– Sales or offers of certain weapons, alcohol, tobacco or any related paraphernalia. Advertisements for electronic cigarettes are permitted but cannot contain tobacco; – Promotion or any attempt to profit from human tragedy or suffering;

– Promotion of illegal activities that infringes on the rights of others, including intellectual property rights;

– Any content that targets to children of age 18 and younger

– Any material that does not respect particular advertising rules added in the Administration Panel for specific Publisher´s Website(s).


Advertiser will indemnify and hold Adclix LTD harmless of any liabilities, losses or damages of any nature which are directly or indirectly derived from Advertiser’s infringements of this Agreement.

 

7.     Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Adclix LTD with respect to the website shall remain the sole and exclusive property of Adclix LTD.

Adclix LTD shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

 

8.     Your Consent

We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

 

9.     Links to Other Websites

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Adclix LTD. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

 

10.  Cookies

Adclix LTD uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

 

11.  Changes To Our Terms & Conditions

You acknowledge and agree that Adclix LTD may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Adclix LTD’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform when you stop using the Service. You acknowledge and agree that if Adclix LTD disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

 

12.  Modifications to Our website

Adclix LTD reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.

 

13.  Updates to Our website

Adclix LTD may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the website. You agree that Adclix LTD has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

 

14.  Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).

You acknowledge and agree that Adclix LTD shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Adclix LTD does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

 

15.  Term and Termination

This Agreement shall remain in effect until terminated by you or Adclix LTD.

Adclix LTD may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Adclix LTD, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer.

Termination of this Agreement will not limit any of Adclix LTD’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

 

16.  Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

 

17.  Indemnification

You agree to indemnify and hold Adclix LTD and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

 

18.  No Warranties

The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Adclix LTD, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Adclix LTD provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Adclix LTD nor any Adclix LTD’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Adclix LTD are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

 

19.  Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Adclix LTD and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you in the last 30 calender days to Adclix LTD.

To the maximum extent permitted by applicable law, in no event shall Adclix LTD or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Adclix LTD or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

20.  Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Adclix LTD on the Services, shall constitute the entire agreement between you and Adclix LTD concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Adclix LTD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

21.  Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

 

22.  Amendments to this Agreement

Adclix LTD reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Adclix LTD.

 

23.  Entire Agreement

The Agreement constitutes the entire agreement between you and Adclix LTD regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Adclix LTD.

You may be subject to additional terms and conditions that apply when you use or purchase other Adclix LTD’s services, which Adclix LTD will provide to you at the time of such use or purchase.

 

24.  Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

 

25.  Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Adclix LTD, its licensors or other providers of such material and are protected by Swiss and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Adclix LTD, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

 

26.  Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Adclix LTD concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

 

27.    Notice of Dispute

In the event of a dispute, you or Adclix LTD must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: hello@datingclix.com. Adclix LTD will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Adclix LTD will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Adclix LTD may commence arbitration.

 

28.  Binding Arbitration

For any matter related to the interpretation or execution of this Agreement, the parties expressly waive to submit to any courts which might have jurisdiction over the subject matter, and agree to submit to the sole competence and jurisdiction of the Courts of the City of Groningen (Netherlands) This Agreement shall be governed by and interpreted in accordance with the laws of The Netherlands.

 

29.  Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Adclix LTD without any compensation or credit to you whatsoever. Adclix LTD and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

 

30.  Promotions

Adclix LTD may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

 

31.  Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

 

32.  Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Adclix LTD. Adclix LTD will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Adclix LTD operates and controls the Adclix LTD Service from its offices in London. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Adclix LTD Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Adclix LTD Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Adclix LTD concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

 

33.  Disclaimer

Adclix LTD is not responsible for any content, code or any other imprecision.

Adclix LTD does not provide warranties or guarantees.

In no event shall Adclix LTD be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Adclix LTD Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Adclix LTD is a distributor and not a publisher of the content supplied by third parties; as such, Adclix LTD exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Adclix LTD Service. Without limiting the foregoing, Adclix LTD specifically disclaims all warranties and representations in any content transmitted on or in connection with the Adclix LTD Service or on sites that may appear as links on the Adclix LTD Service, or in the products provided as a part of, or otherwise in connection with, the Adclix LTD Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Adclix LTD or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Adclix LTD does not warrant that the Adclix LTD Service will be uninterrupted, uncorrupted, timely, or error-free