Terms and conditions
These « Terms of Service » set forth the terms and conditions that apply to your use of AdsFactory site and all other « AdsFactory » Services (definitions bellow). By using the site (other than to read this page for the first time), you agree to comply with all of the Terms of service set forth herein. The right to use the site is personal to you and is not transferable to any other person or entity.
BY CREATING A ADSFACTORY ACCOUNT AND/OR USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OUR SERVICES.
USE OF SITE AND/OR SERVICE
INTELLECTUAL PROPERTY RIGHTS
USER SUBMISSIONS, SITE SECURITY AND CONDUCT
NOTIFICATION OF CLAIMS OF INFRINGEMENT
NEWSLETTERS, DISCUSSION GROUPS, DISCLAIMER OF LIABILITY
BUGS AND ISSUES
SYSTEM AND NETWORK SECURITY
REPRESENTATIONS & WARRANTIES – DISCLAIMER OF WARRANTIES
LINKS TO OTHER WEBSITES
LIMITATION OF LIABILITY
CONSEQUENCES OF VIOLATION OF TERMS
AdsFactory and the services provided (« Service ») are maintained and operated by Deep Cove and/or its affiliates (« us », « we », « our », « the Company »). In the context of this agreement, « AdsFactory », shall mean Deep Cove SARL and AdsFactory site.
AdsFactory is a web application designed to simplify the way you create and publish rich media widgets and generally content for the web. Our stated mission (and goal) is to enable you to easily create your own banners and website widgets, in a fun and effortless way. Thus, we offer this site to aid in the creation and publishing of rich media widgets. If you breach any of the Terms in these Terms of Service (« Terms »), your authorization to use this site or this Service automatically terminates.
Under this agreement, « Services » shall mean any of the Internet based or other services offered by the Company, including, but not limited to, those listed at the bottom of this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cell phone or otherwise. « User Contributed Content » shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, greeting cards, « Skins », « Sketches », or files) uploaded by a user through the Service or otherwise integrated into the Service by a user. « User Created Art » shall mean any intellectual property created by a user as part of his or her use of the Service.
We may revise these Terms of Service at any time and you agree to be bound by the revised Terms. Any modification will become effective when it is first posted to the site.
Where we modify the Services or we modify these Terms, we will make all reasonable efforts to tell you in advance of any modifications that will disadvantage our users or limit the access or usage of Service. Your continued use of the Services after the effective date of any such modifications means that you agree to the Service or the Terms as modified.
For modifications to the Terms or to the Service that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as possible.
We may notify you by either posting a new version of this Term of Service, notifying visitors on the site that a new version has been posted, or by e-mail to the last known address on file. You can send an email with any questions relating to these Terms of service to AdsFactory.io support.
You may stop using the Service at any time. Your continued use of AdsFactory after the effective date of any modifications to the Terms means that you agree to the Terms as modified.
Use of the site – What AdsFactory Provides
The Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and related software and to display the results of such Service. You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of the Company.
The Company grants you a limited revocable license to post a copy of your User Created Art, on your own personal website or on a third party website that complies with all applicable laws and these Terms of Service.
Finally, the Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
Use of the site – Your Obligations
You represent and agree that:
- you are able to enter into this agreement. You have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms;
- you are at least 13 years old, and if you are less than the age of consent in the state or jurisdiction where you are located, your parent or legal guardian has reviewed these Terms and granted permission to use the Service. If you are not at least 13 years old, you must discontinue using the Service immediately;
- you will be bound by any additional rules or policies published within or with respect to any application (« app »), forum, contest, or game provided in the Service;
- except as expressly permitted, you will not copy, redistribute, publish or otherwise exploit material from the Service without the express prior written permission of the Company;
- any User Created Art is your original work and your contribution to the User Created Art does not violate any third party’s privacy rights, publicity rights, copyrights or other intellectual property rights. You agree to pay all royalties, fees, and any other amounts with respect to your contribution to User Created Art;
- you have the right to display each and every item of User Contributed Content which you have released through the Service, including the right to display all copyrights, trademarks, trade names and similar intellectual property;
- you do not rely on the Company to monitor or edit the Service;
- the Service may contain content which you find offensive and you waive any objections you might have with respect to viewing such content.
- you will ensure that your account information (the information you provided when you registered for AdsFactory) remains current, complete, accurate and truthful. All AdsFactory accounts are non-transferable, and any rights to them terminate upon the account holder’s death. You can change or correct your account information at any time by logging into your AdsFactory account.
- you are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to AdsFactory, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
You retain full ownership to your content (« User Content »). By « User Content » we understand both the content you upload on the AdsFactory site (« User Contributed Content ») and the content you generated/published on the AdsFactory site (« User Created Art »). AdsFactory does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (« User Content ») that you post on or through the AdsFactory site. We do, however, need you to grant us certain rights in the « User Content », so that we can incorporate such « User Content » in our services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up and allowing the download of User Content on or through our site. By displaying or publishing any content on or through the AdsFactory Services, you hereby grant to AdsFactory a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the Site in any media formats through any media channels, except content not shared publicly (« private ») which will not be distributed outside the AdsFactory Services.
All materials contained on the AdsFactory network site are copyrighted by Deep Cove SARL and protected to the maximum extent permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any portion of the site including related graphics.
The materials found on the Site are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the site is copyright © 2020, Deep Cove SARL. Permission is granted to view and print materials from the AdsFactory site for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of Deep Cove SARL, is strictly prohibited.
AdsFactory.io, Deep Cove and other trademarks and/or service marks (including logos and designs) found on the AdsFactory network site are trademarks/service marks that identify the AdsFactory network site and the goods and/or services provided by them. Such marks may not be used under any circumstances without the prior written authorization of Deep Cove SARL.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods. Further, you agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company.
Any Material you post publicly to the AdsFactory site will be accessible to all users of the site (« Users »). We have incorporated all reasonable and commercially available measures to protect the site from unauthorized access. Any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password, including the content of the materials you post on the site. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally—by sharing your user ID or password. Further, you agree not to:
- upload, post or otherwise transmit any content that is adult in nature, such as any nudity in a sexual context, any content revealing exposed genitalia, or any content with adult themes;
- harm minors in any way;
- upload, post or otherwise transmit any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity;
- upload, post or otherwise transmit any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
- upload, post or otherwise transmit any material that constitutes a direct threat of violence against any person or group of people;
- impersonate another person or entity, including, but not limited to, a Member or AdsFactory official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload files for the sole purpose of having them hosted by us and for use outside of a website created using the Service;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- use the « Custom HTML » element to provide a horrible user experience, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;
- use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- transmit through the Service any materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
- transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity;
- transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;
- violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
- interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- interfere with another User’s use and enjoyment of the Service.
AdsFactory reserves the right to terminate any account or user who has violated any of the above prohibitions.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (« DMCA »). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers.
If you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
AdsFactory may provide you with notices, including service announcements and notices regarding changes to these Terms, by email, in-app message, notifications on the website, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
By creating an account on AdsFactory you subscribe to our newsletter. You can opt-out from your account by unchecking the newsletter checkbox or from any email message that you receive by clicking the Unsubscribe link. We will not send you any spam or off-topic emails. Most of our emails consist of product updates, new product info, notifications and special offers.
The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Contributed Content to the Company and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively « User Content »). Any material you transmit to the Company or otherwise through the Service will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions (« Ideas ») disclosed, submitted, or offered to the Company in connection with the use of the Service or otherwise and any chat, blog, message board, online forum, text, email or other communication with the Company (« User Emails ») shall be the exclusive property of the Company.
You agree that unless otherwise prohibited by law, the Company may use, sell, exploit and disclose the Ideas and/or the User Emails in any manner, without restriction and without compensation to you. For example, we may use User Content in a number of different ways, including displaying it on the Internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
We do not control the Communications, information, or files delivered to discussion groups on the site. You understand and agree that we have no obligation to monitor the site or the use of its Service. We may monitor or review any areas on the site or this Service where you transmit or post materials as may be required for maintenance and upkeep. By transmitting any public communication to our site, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, re-use, reproduce, distribute, translate, publish, publicly display, publicly perform, modify, adapt, amend, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such communications, in all media now known or later developed. You warrant that you have the right to grant these rights to us. You also acknowledge and agree that any communications made to or by means of any forum on the site are public. You acknowledge and agree that you have no expectation of privacy in any public communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and us by your act of transmitting a public communication to the site, in our forums or elsewhere.
WE DISCLAIM ANY LIABILITY RELATED TO THE CONTENT OF ANY SUCH MATERIALS, WHETHER OR NOT ARISING UNDER THE LAWS OF COPYRIGHT, LIBEL, PRIVACY, OBSCENITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT IT IS OUR POLICY TO COOPERATE WITH LAW ENFORCEMENT AGENCIES INVESTIGATING ILLEGAL OR IMPROPER ACTIVITIES RELATING TO THE SITE OR THIS SERVICE AND THAT WE RESERVE THE RIGHT AT ALL TIMES TO EDIT, REFUSE TO POST, OR TO REMOVE ANY MATERIALS, IN WHOLE OR IN PART, THAT IN OUR SOLE DISCRETION, ARE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS.
AdsFactory subscription fees are expressed in US dollars. Subscriptions will expire on specific dates that are shown in each user’s account.
The Company may charge fees for the right to use the premium version of the service, or may distribute premium memberships without charge, in its sole discretion. Regardless of terminology used, AdsFactory memberships are not redeemable for any sum of money or monetary value from the Company at any time. You agree that the Company has the absolute right to manage, regulate, control, modify and/or eliminate such subscriptions as it sees fit in its sole discretion, in any general or specific case, and that the Company will have no liability to you based on its exercise of such right.
The purchase price of subscriptions is expected to change over time.
We use auto-renewal for all of our subscriptions. At the expiration of each subscription term, we will automatically renew your subscription and charge the credit card or other payment method you have provided to us, unless you cancel your subscription at least 48 hours before the end of the current period. Unless otherwise stated in our Terms of service, your subscription will be automatically renewed at the same price, excluding any first-order promotional and discount pricing.
- You acknowledge that if the Company believes that any items in your account were received in connection with any fraud or other unfair dealing, or if the Company decides for any reason or no reason at all that it is in the best interests of the Company, the Company may delete items from your account
- Nothing in the Terms affects any legal rights that you are entitled to as a consumer under the EU law which cannot be contractually altered or waived. If you reside in a European Union country, nothing in these Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision, that cannot be varied by contract. The European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/.
AdsFactory offers the right to use its Services for free for potential customers to have adequate opportunity to assess the value of these services prior to purchase a license/subscription.
Unlike physical goods, electronically distributed software and deliverables can be duplicated. Once a purchase has been made, it is unfortunately not possible for us to recall all copies/deliverables (such as banners downloaded from AdsFactory.io). Therefore, the Company does not generally offer refunds, returns, or exchanges, except when required by law or in rare occasions when the Service can be proven not to match the description provided over the Company’s official communication channels at the date of the purchase.
If you believe that you are entitled to a refund, please contact our customer support team within 7 (seven) days of the date of the purchase. We will consider and review your refund request within 7 (seven) days of the date of submission. If we deem your request valid, we will issue a refund within 30 (thirty) days of the date the resolution is communicated to you. For first-time purchases, if the refunded amount exceeds $500, we reserve the right to retain the value of the initial payment fee from the amount refunded. For recurring payments, we reserve the right to retain the value of the payment fee from the amount refunded for transactions of any value.
All widgets, js codes, data files, images and other final published files/deliverables are owned by you (the end-user) AS IS, meaning that after receiving/getting the code from our Services (e.g. published banners) the end user is not allowed to change or modify anything inside the deliverable. He can use it only as it is provided by the Services. Exceptions can be made for html/js code that can be edited to comply with your site, but we do not support this action.
The Service licensed under the AdsFactory site is tested over and over by our QA team; however it may not function correctly, it may have functional, conceptual and/or documentation bugs and issues. In these case, AdsFactory (Deep Cove SARL) will try to fix the bugs, issues and errors found and will supply the buyer with working updates. The free versions of the Services are designed especially to let prospective buyers test the software before they make a purchase, this is why a bug found in the AdsFactory Service will not lead to a refund.
Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting the servers under your control.
We are using third party redundant OVH cloud services, which are currently the most reliable solutions available. All widgets and banners are hosted on OVH. AdsFactory cannot be held liable for any faults, failures, errors, or issues, including permanent data loss due to third party server issues.
The information and materials on the site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Deep Cove SARL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY DIGITAL PRODUCTS, SERVICES, INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, ALL OF WHICH IS PROVIDED ON A STRICTLY « AS IS » BASIS, WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES: (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE.
You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.
You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A. without reference to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Michigan for any disputes arising out the use of the site. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Service Provider’s registered office.
This Agreement constitutes the entire agreement between AdsFactory and you with respect to the AdsFactory network site and it supersedes all prior and similarly timed communications. If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement. Any remaining provisions of the agreement will continue to be enforced with full effect.
If you are using the Services on behalf of a company, business or other entity, or if you are using the Service for commercial purposes, you and the entity will hold harmless and indemnify the Company from any suit, claim or action arising from or related to the use of the Service or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitation may not apply to you
We may without notice to you, suspend your Service or remove any materials transmitted via the Site if we discover facts that lead us to reasonably believe the Site service is being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We will attempt to contact you prior to your suspension; however, prior notification is not assured.
You acknowledge that your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will not only be regarded as a breach of these Terms, but also as an infringement of the Company’s copyrights in and to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate these Terms, and/or to pursue other remedies at law or in equity.
You acknowledge that we may delete your account for any reason or for no reason at all, and if we delete your account as provided in these Terms (for example because of your violation of our Copyright Policy), the Company shall have no obligation to make any refund to you.