By using our web site (the "Web Site") or using or registering for any associated services provided by ADFluenz (together with the Web Site, the "Services"), you are agreeing to comply with and be bound by the following terms of use, which may be updated from time to time with or without notice (collectively referred to hereinafter as the "Terms and Conditions"). The Terms and Conditions constitute a binding contract between you and ADFluenz, a Gozoop Online Private Limited, its representatives, designees, licensees, and assigns ("ADFluenz", "we", "us", or "our"), regarding your use of the Web Site.
You represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions. You may not access or use the Web Site or Services or accept these Terms and Conditions if you are not of legal age to form a binding contract with ADFluenz. If you do not agree with the Terms and Conditions, do not access or use the Web Site or Services.
ADFluenz offers a network on the internet ("ADFluenz Network") which allows users who register with ADFluenz and become approved as "Publishers" by ADFluenz to incorporate specific advertisement messages ("Advertisements"), in a manner instructed by ADFluenz as part of advertising programs provided by online advertisers ("Advertisers") on social networking sites and publishing services that are approved by ADFluenz (each, an "SNS"). As the Advertisements are published, they are displayed alongside the Publisher's other messages. Certain Publishers will be financially rewarded for successful transactions, which originate from a published Advertisement that was previously approved by ADFluenz, and that complies with the commission guidelines published by ADFluenz in connection with the rules for the ADFluenz program for publication of Advertisements (the "Program"). All such payments to Publishers are referred to as "Publisher Payments".
By using the Services as a Publisher, you grant us the right to use your name and likeness to promote you on the Services and to be included on lists of representative publishers who use the Service on our Web Site and elsewhere, in any form, media or technology now known or later developed. I waive any right of inspection of my likeness and also waive all rights of privacy and/or publicity that would otherwise preclude ADFluenz’s use of my name and likeness for commercial and other purposes.
In order to use certain features of the Web Site and to use the Services, you must apply for a Publisher account with the Program ("Account") by providing certain information about yourself as prompted by the Web Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. Accounts are open to individuals only (no corporations or other legal entities) that are residents in the India and Dubai. We may permit you to login to or integrate the Web Site or Services with your applicable SNS login credentials. If you log in or otherwise associate your Account with your SNS login credentials, we may receive information about you from the SNS, in accordance with the applicable SNS terms and conditions (e.g., terms of use and privacy policy). You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify ADFluenz of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. ADFluenz cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If your Account is approved, at ADFluenz's sole discretion, and subject to inventory availability and the needs of the applicable Advertisers, ADFluenz may contact you regarding the placement of Advertisements, which you may include on your SNS posts in order to earn Publisher Payments in accordance with the Program's commission guidelines. Hereafter, "Advertisements", "ad(s)", "CPT ad(s)", CPA ad(s) and any combinations thereof mean Advertisements listed, provided, or made available to you specifically by ADFluenz. You have the freedom to customize the Advertisement as you see fit, subject to the following restrictions and such other restrictions as notified to you by ADFluenz:
• You may not post an Advertisement more than the number of times the Program dictates you can post to a single SNS account.
• You may not post Advertisements anywhere other than an approved SNS.
• You may not exceed the minimum time interval between two Advertisements, as specified by the Program.
• You may not delete any Advertisements you post to your SNS account.
• You may not alter any Advertisement in a way that violates our User Content Guidelines or in a manner not conducive with the spirit of the Advertisement.
• You may not post any Advertisement that does not include the required FTC disclosure (i.e. #ad, #advertisement, #sp, #sponsored, or other approved disclosures).
• You will be held liable for all content which affects a brand negatively
• You will have to ensure all your post is public for the system to track the information and share the same back to the publisher
• Confidentiality of information will be maintained and you will not disclose this unless legally obliged
• If you are requested to take down the content from a campaign which you had participated, you will take the necessary steps and comply with the request
• You may not post messages that are pornographic or sexually explicit in nature for any reason.
• Your messages may not include or encourage offensive content such as references to animal abuse, drug abuse, under-age drinking and smoking, bomb making or any other similar reference that reasonably would be considered offensive.
• Your messages may not make unauthorized claims about the products or services provided by Advertisers.
• Your messages may not be unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, or trade libelous.
• You may not post messages that violate any law, regulation (including those related to endorsements and advertisements), or any third party right, including any applicable intellectual property and privacy rights.
• You may not send messages meant to harm or insult the Advertiser or ADFluenz.
• Your messages will not promote any hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
• ADFluenz, can alter, modify or delete content which we feel is not in keeping or affects any party in a negative maner
Your membership is under constant review and if you submit User Content (as defined below) that does not follow our User Content Guidelines or is otherwise in violation of these Terms and Conditions, you acknowledge and agree that ADFluenz has the right to retain any and all Publisher Payments otherwise owed to you. Violation of ADFluenz rules or any other terms and conditions herein will result in immediate suspension or termination of your Account and membership in the ADFluenz Network. ADFluenz may in its sole discretion and with or without notice, limit or deny access to your Account, the Services, and/or the Web Site for any reason whatsoever. If at any time, for any reason, ADFluenz determines that your Account is no longer approved, ADFluenz reserves the right to revoke your membership and terminate your Account.
• You may not engage in any "gaming" or "spamming" of the Services, including generating or modifying any data associated with your Account in such a way that it is misleading or fraudulent. You may not create or use technology that undermines or impedes the purposes of the Services. You agree that if ADFluenz discovers, in its sole discretion, that you have violated this provision, all Publisher Payments owed to you may be forfeited.
• You may not directly contact any Advertiser.
• You will only post Advertisements on an SNS using the SNS account that has been approved by ADFluenz.
• Your SNS account must contain real social conversations, messages, opinions, or news. If your SNS account contains a number of Advertisements deemed unacceptable to ADFluenz, it will be deemed, in ADFluenz's sole discretion, an unapproved SNS account.
Subject to this Section, these Terms and Conditions will remain in full force and effect while you use the Services. You may delete your Account at any time, for any reason, by following the instructions on the Web Site. ADFluenz may suspend or terminate your Account and access to the Services for any reason in its sole discretion, including for violations of these Terms and Conditions. Upon termination of these Terms and Conditions, your Account and right to access and use the Services will terminate immediately. ADFluenz may perform automated or manual auditing of Account activities for compliance with these Terms and Conditions. You agree that if ADFluenz determines in its sole discretion that you have violated these Terms and Conditions in any manner, your Publisher Payments may be forfeited, at ADFluenz's discretion. You understand and agree that if your Account is terminated for violation of these Terms and Conditions you shall have no right to register for another Account on ADFluenz. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of these Terms and Conditions, including for termination of your Account or deletion of your User Content. ADFluenz reserves the right to modify or discontinue any or all of the Program, Web Site, or Services with or without notice to members. ADFluenz will not be liable to you or any third party for termination of any Service.
You acknowledge that ADFluenz may OR MAY NOT pre-screen User Content, but that ADFluenz and its designees shall have the right (but not the obligation) in their sole discretion to PRE-SCREEN, refuse, or move any User Content that is available in the ADFluenz Network. Without limiting the foregoing, ADFluenz and its designees shall have the right to stop any promotion including Publisher Payments for any Advertisement it deems a violation of the Terms and Conditions or is otherwise objectionable.
ADFluenz is the sole owner of the information collected on the Web Site, and from its licensed software. We will not sell, share, or rent this information except as specifically disclosed herein or for the purpose of providing you and our other users with the Web Site and Services. ADFluenz collects information from our users at several different points on our Web Site. ADFluenz may share aggregated and anonymous demographic and statistical information with its business partners. Furthermore, we may need to disclose personally identifiable information when required by law.
The Web Site and the Services includes a combination of content created by us, or provided to us by our suppliers. All of the content, and other information either displayed on, transmitted through, available for download, or otherwise used in connection with the Web Site and the Services, including but not limited to text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks, and all intellectual property rights contained therein, (collectively, the "Content") is owned by us unless stated otherwise. Subject to the terms of these Terms and Conditions, ADFluenz grants you a non-transferable, non-exclusive, license to use the Web Site and the Services for your internal business use. ADFluenz and its suppliers reserve all rights not granted in these Terms and Conditions.
RestrictionsThe rights granted to you in these Terms and Conditions are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web Site or Services; (c) you shall not access the Web Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Web Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Web Site or Services shall be subject to the terms of these Terms and Conditions. All copyright and other proprietary notices on any Web Site or Services content must be retained on all copies thereof.
User ContentThe Web Site will also include content provided by you ("User Content"). User Content will include your name and likeness You warrant and represent that your User Content provided by you is (1) User Content that you have the right to post upload or provide on the Website without any further permissions from any third parties and the same will not violate any person or entities intellectual property or privacy rights; (2) you grant ADFluenz a irrevocable, royalty-free and fully paid, worldwide, transferable, non-exclusive license in perpetuity to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display the User Content on the Web Site and Services and to promote, market, and commercially exploit the Website and Services using the User Content without any further permissions and/or to incorporate it in other works, in all cases in any form, media or technology now known or later developed, for any of our business purposes; (3) you acknowledge that other members and third parties may be able to view your User Content and that you consent to such viewing; and (4) User Content will comply with all of the terms herein. You are solely responsible for your User Content. You acknowledge and agree that if you provide User Content to Speaker, such User Content may be used on third party services under the foregoing grant.
FeedbackIf you provide ADFluenz any feedback or suggestions regarding the Web Site or Services ("Feedback"), you hereby assign to ADFluenz all rights in the Feedback and agree that ADFluenz shall have the right to use such Feedback and related information in any manner it deems appropriate. ADFluenz will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to ADFluenz any information or ideas that you consider to be confidential or proprietary.
You represent and warrant that you will not use the Web Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Web Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web Site or Services, other computer systems or networks connected to or used together with the Web Site or Services, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Web Site or Services; (g) use any proxy to pretend you are from a geographic region different from your real location; or (h) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Web Site. You agree that if ADFluenz finds that you violate any of these restrictions, all of your Publisher Payments may be retained by ADFluenz.
The Web Site or the Services might contain links to third party websites ("Third Party Sites"). Such Third Party Sites are not under the control of ADFluenz and ADFluenz is not responsible for any Third Party Sites. ADFluenz provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites.
Other UsersEach Web Site or Services user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Web Site or Service users are solely between you and such user. You agree that ADFluenz will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Web Site or Service user, we are under no obligation to become involved.
Third Party SitesYou hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Web Site or Service users or Third Party Sites.
We specifically disclaim any and all express, statutory, or implied warranties regarding this Web Site, Services, or any content, services or products provided through or in connection with this Web Site, including without limitation warranties of merchantability or fitness for a particular purpose, warranties against infringement, title, quiet enjoyment, and warranties as to the availability, accuracy, completeness or content of any information, products or services available on or through this Web Site. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE Web SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. We specifically disclaim any damage to any User Content or any unauthorized use of User Content; we specifically disclaim any promises or guarantees made by any third parties or other members of the Web Site; we specifically disclaim any guarantee that third parties will need/want any of your ADVERTISING services whatsoever. WE DO NOT PROMISE OR GUARANTY THAT YOU WILL RECEIVE ANY OFFERS OR PAYMENTS UNDER THE PROGRAM.
In no event shall ADFluenz or any of its affiliates, employees, agents, content providers, suppliers, or licensors be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, consequential, special, incidental, exemplary, or punitive damages (including lost savings or profit, lost data, business interruption or attorneys fees) even if notified in advance of such possibility, including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, You agree that we are not liable for any amount exceeding the amounts owed to you for successful ADVERTISING services that comply with the terms and conditions herein. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify, defend and hold harmless ADFluenz and each of its respective partners, clients, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding (a) any violation of these Terms and Conditions by you, (b) your User Content, or (c) your use of the Web Site or Services. We reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of ADFluenz. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the new effective date. Your continued use of the Site or Services after any such changes constitutes your acceptance of the revised Terms and Conditions. If you do not agree to abide by these Terms and Conditions or any future revised Terms and Conditions, you may opt out of the Program at any time by sending an email to removal@speakr.com. It is your responsibility to regularly review these Terms and Conditions.
ADFluenz is not responsible for changes or variations in the layout or content of its Web Site or Services. In the interest of our clients and publishers, ADFluenz puts forth its best efforts to ensure that all information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Web Site or Services to become outdated without our immediate knowledge. Consequently, ADFluenz will not be held responsible for product revision changes. Further, ADFluenz reserves the right to make any changes or revisions to the Web Site or Services with or without notice and reserves the absolute right to determine or restrict any content on the Web Site or Services, including User Content.
We reserve the right to modify, suspend, discontinue or restrict the use of any portion of the Web Site or Services, including the availability of any portion of the Content at any time, to anyone for any reason without notice or liability.
All communications with ADFluenz should be e-mailed to: contact@adfluenz.com