Advertising Modules - Terms of Service
Last updated: Nov 12, 2013
Here is a short summary of these terms and condition designed to make it easier and understandable for you. However, you should note that this summary is not legally binding and is not a substitute to the full version of these terms:
- Who are we? We are the providers of the platform through which third party advertisers will serve you with different advertisements and commercial offers (collectively, “Commercial Content”) that are most likely will enhance and optimize your online experience and will enable you to utilize the benefits of consuming content online. We will serve you Commercial Content so our partners (free software providers) will be able to keep and provide you with free applications, software and features. As we mentioned WE ARE JUST A PLATFORM and do not control the content of such Commercial Content.
- How does it work? By downloading and using free applications and features online, you will see various types of ads based on the website you are visiting (but not necessarily provided by such website).
- Other conditions you need to know about: (i) Any engagement you make with the Commercial Content will be governed by the terms of such content provider and not by these terms; (ii) Do not use our platform or related services in any fashion that is not for your own personal use; (iii) We provide you the platform and related services with no warranty or liability of any kind, to the maximum extent permitted under the applicable law;
And now to the full version of this agreement:
By downloading and using one or more of the free features or software online (“Online Products”), you agreed to be served with Commercial Content so such Online Products will stay free for the benefit of you and other users. Such Online Product’s use our services to display Commercial Content so they will be able to keep develop, operate and provide you with free Online Products. We are just the platform and not the content owner. At all times we will label the Commercial Content so you will know why are you seeing this ad and provide you with an opt out option.
Please read the following terms of service as they constitute a legally binding agreement between you and Us and give Us your permission to provide you with Commercial Content through your browser by using our advertising modules (permission you provided once, during the installation process of the free Online Product).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR TO THE DISPLAY OF COMMERCIAL CONTENT OR TO THE ONLINE PRODUCT’S TERMS AND CONDITIONS THAN YOU MAY OPT OUT FROM OUR SERVICES. IN SUCH CASE WE CANNOT GAURENTEE THE TERMS OR FREE USE OF THE FREE ONLINE PRODUCT.
Our platform will serve you with customized features and Commercial Content that will enhance your online experience. Such content will be served to you in various ways that will be further described below. Note that the Commercial Content is not associated with or endorsed by the websites on which it is displayed (or by Us), as the Commercial Content is delivered to you directly through your web browser.
If you are reading these lines, it means that you are over the age of 18 (i.e. you are not a minor), as minors are not allowed to install the Online Product without the permission or authorization of parent or guardian. However, by keep using such Online Product and thus, using our services, you certify that you are not a minor and have the legal competence to be bound by this Agreement. If you are a minor and over the age of 13, you certify that you have your parent or legal guardian's authorization.
Why are you seeing this ad?
When you downloaded and installed [publisher product name] (the “Software”) you agreed to be served with Commercial Content so you will get it for free. The Software is free for you, but sponsored by third party advertisers that display to you Commercial Content through our Advertising Modules platform. Our Advertising Modules platform may serve you with several types of Commercial Content that will be delivered to you directly through your browser and may include the following types of ads (“Advertising Modules”):
- Sponsored Links (or in-text);
- Coupons, deals and shopping comparison that will be served to you while shopping online and will enhance your shopping experience;
- Content suggestions that will be displayed to you while visiting content and news websites to provide you with customized content offers to content that may interest you;
- Traditional display ads (such as banners, “pop-ups” and “pop-unders”);
Please note that: (a) the website you are browsing has nothing to do with the Commercial Content; (b) any of the Commercial Content provided through our Advertising Modules is provided by third party advertisers and is out of our responsibility (or even knowledge in certain cases). Therefore, any engagement you make with such content or third party is subject to such third party's terms and conditions and are under you sole risk and responsibility; (c) we have no control or responsibility to any feature, functionality or use of the Software, and such use is governed solely by the software terms.
In order to provide you with certain Services, we may use third party services. You are welcome to check out these third parties terms and conditions that will govern your interaction with some of the Advertising Modules and Commercial Content: [This is the part where you link to our third parties’];
Commercial Content and Design
As We are committed to ethical industry standards in providing our services we make sure to label all our Advertising Module so you will know which provided by Us and therefore have the choice whether to accept Our services or to opt out. We are carefully select our advertisers and require them to commit and comply with applicable laws, regulations and best industry standards, including to provide accurate, complete and updated information and avoid any misleading practice. However, we cannot fully control at all-time such advertisers’ conduct. So, if you feel like one or more of the Commercial Content does not meet such requirements, please notify us at: firstname.lastname@example.org, and help us to cease such content serving.
As mentioned, our ad serving service is made in order to keep and provide you with FREE software, applications and other tools that will enhance your online and browsing experience. However, if you do not want to see the Commercial Content (that is served by Us) any longer you can disable one or more of our Advertising Modules in the opt out option that is linked from any Commercial Content. Note that disabling a single Advertising Module like, for example, sponsored links, may not disable or remove other features or types of Advertising Module provided by Us through the Software. If you are no longer interested in getting any type of Commercial Content (with respect to your use of the Software), you may uninstall the Software by following its uninstallation instructions.
The ad serving platform, the Advertising Modules, Our services and data that provided through them is Our (or Our affiliates’) proprietary right and may contain materials that are protected by international copyright, and/or any other intellectual property laws. They are owned by us, our licensors, Our third party providers, partners and/or affiliates. Such material may contain information, code, software, application, technology, logos, text, images, video, sounds, works of authorship, applications, trademarks and other materials or content ("Protected Content"). Except as expressly permitted by Us, you (or anyone on your behalf) will not (or attempt to) copy, download, stream capture, misuse (as will further describe below) revers engineer, duplicate, modify, sell or otherwise use any of the Protected Content, including, but not limited to any derivative work based on the Protected Content.
We respects your rights and the rights of others and do Our outmost to protect such rights. However, if you believe that your rights, or other third party right, have been abused or violated, please contact us at: email@example.com and we will do our best to assist you or to fix such violation.
You may not do anything to interfere with or disrupt the systems we use to provide the Advertising Modules or its associated services, or to interfere with anyone else's use of the service or any part thereof. You may not use the Advertising Modules or Commercial Content to commit unlawful acts or violate the rights of third parties, such as hacking, defamation, copyright or trademark infringement or invasion of privacy. You also may not use automated programs, such as bots, spiders or web crawlers, to access or interact with the Advertising Modules, Commercial Content or their associated services. Any of these activities will cause your license to be terminated and you to be subject to civil or criminal liability.
Disclaimer of Warranty and Limitation of Liability
- No Warranty
- No Liability
The ad serving platform, the Advertising Modules, the Commercial Content and any related services (collectively, the “Services”) are provided on an "as-is" and "as available” basis, without any warranty of any kind. We are doing our best to ensure the Services compliance with best industry standards however, We can never assure completely of their full compliance and We are not responsible or make any warranty that: (a) the Commercial Content or any information or materials made available through it or through the Services will be accurate, useful, current, complete, timely or reliable; (b) the Software functionality, features and compliance with any applicable laws or regulations. We make no warranties or representations that: (a) The Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; (c) You will receive any specific result by using the Services; (d) Any defects related to the Services will be corrected; (d) The Services are free of computer bugs, viruses or other harmful components;
In no case and for no reason, to the fullest extent permitted by applicable law of the state Israel, We nor our partners, subsidiaries or affiliates, or any of our officers, directors, shareholders, employees, contractors or agents (collectively, the "Company Parties") will be liable, endorse, guarantee, or assume responsibility for any damage, direct or indirect, consequential, exemplary, physical or special to you or to any third party, due to any mis-performance of duties herein. Neither We nor the Company Parties will be held liable for any product or service advertised or offered by third party through the Services, and will not be a party to or responsible for monitoring any transaction between you and any third party provider of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Your use of, access to or engagement with the Software, Commercial Content, any related services and/or any other third party products or services are at your sole risk and you will be solely responsible for any damages or losses that arise from such use, access or engagement.
You agree to indemnify, defend and hold us and the Company Partners harmless from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access or use of the Services; (b) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements);
This Agreement shall be solely governed by the Laws of the State of Israel, and any dispute arising from it shall be brought only to the competent courts of the Tel-Aviv district.
If you have any questions about this Agreement, please contact us: firstname.lastname@example.org