While some of AdStack’s Services are offered free of charge, some areas of the Site require payment of fees for the use of the Services. If you sign up for a Service on this Site that requires payment of a fee, you agree to pay all associated fees on a recurring monthly basis or as otherwise required by the Service. Recurring charges shall either be billed in advance of Services or invoiced to you. Any amounts that are invoiced are due within thirty (30) days of the invoice date. You agree to provide AdStack with accurate and complete billing information, including, where applicable, valid credit card information, your name, address, and telephone number, and to provide AdStack with any changes in such information within 5 business days of the change. Monthly license fees will be fixed for a period of thirty (30) days following the provisioning of Services to you. Thereafter, AdStack reserves the right to change its fees and will provide advance notice to registered users of its Services prior to the fee increase. If, for any reason, your credit card company refuses to pay the amount billed for the Service, you agree that AdStack may, at its sole option, suspend or terminate your license to use the Service and require you to pay the overdue amount immediately by other means acceptable to AdStack. If you believe that any invoices are incorrect, you must contact AdStack in writing within ninety (90) days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. You agree that, until your license is suspended or terminated, you will continue to accrue charges for which you remain responsible. In the event that legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Refunds will not be issued under any circumstances.
AdStack offers back-end support services (“Support Services”) upon request. Anyone wishing to add Support Services to their license shall incur additional charges as outlined in an AdStack “Sales Quotation”. 25% of the quoted fee for Support Services in the Sales Quotation shall be paid up front, with the balance due within thirty (30) days upon completion of the project.
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AdStack’s rights apply to the AdStack APIs and all output and executables of the AdStack APIs, excluding any software components developed by you which do not themselves incorporate the AdStack APIs or any output or executables of the AdStack APIs. AdStack owns all rights, title, and interest in the AdStack APIs.
AdStack agrees that it has no rights to the data, documents, information or material that you submit in the course of using the Site and Services (“Submitted Data”). When submitting data, you, and not AdStack, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Submitted Data. AdStack shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Submitted Data. By using the Services, each user represents and warrants to AdStack that it has the legal right to submit the Submitted Data. You agree to indemnify, defend and hold AdStack harmless from any liability caused by your submission of Submitted Data in violation of a third party’s copyright or other rights of ownership. AdStack reserves the right to withhold, remove and/or discard Submitted Data without notice for any breach, including without limitation, non-payment of fees. In addition, AdStack reserves the right to withhold, remove and/or discard any Submitted Data submitted to AdStack, which, in AdStack’s sole opinion, is pornographic or otherwise in violation of AdStack’s internal policies for publishable material. ADSTACK MAKES NO REPRESENTATION OR WARRANTY THAT ANY DATA SUBMITTED TO ADSTACK WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND YOU AGREE TO MAINTAIN ON YOUR SERVERS DUPLICATE COPIES OF ALL SUBMITTED DATA SUBMITTED TO ADSTACK.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
AdStack’s designated copyright agent to receive notifications of claimed infringement is:
AdStack Attention: Copyright Administration 604 Mission Street, Suite 801 San Francisco, California 94105
For clarity, only DMCA notices should go to the copyright agent. Other feedback, comments, requests for technical support, and other communications should be directed to AdStack customer support at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, you may send a counter-notice to the designated copyright agent above with the following information:
If a counter-notice is received by the Copyright Agent, AdStack may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at AdStack’s sole discretion.
The AdStack application programming interface (“AdStack API”) is a Service that allows licensees and pre-approved licensees to access and display certain AdStack Content and / or Services. Your license to the AdStack APIs under this TOS shall continue until it is terminated by either you or AdStack. You may terminate the license by discontinuing use of all or any of the AdStack APIs. AdStack may change, suspend, terminate, or discontinue any aspect of the AdStack APIs at any time, including the availability of any AdStack APIs. AdStack may also impose limits on certain features and services or restrict your access to parts or all of the AdStack APIs or the AdStack Site without notice or liability. AdStack shall not be liable to you or any third party should AdStack exercise its right to modify or discontinue the Service or part of it.
Upon issuance of an API key, you are granted a limited, non-sublicensable right to access the API and use the Services and AdStack Content for your personal use only and in a manner consistent with AdStack Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the API, and to block or prevent future access to and use of the API.
This license is subject to the following restrictions:
Content provided to you through the AdStack API may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of AdStack, its partners, or other third party rights holders of content displayed by us. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unauthorized use of the AdStack logo, marks, or brands is strictly prohibited. You shall place the following notice prominently on your application: “This product uses the AdStack API but is not endorsed or certified by AdStack.” Your use of the AdStack logo or any of the AdStack marks or brands is subject to these terms, the terms found elsewhere on the AdStack Site, or prior written approval by AdStack. Any use of the AdStack logo in your application shall be less prominent than the logo or mark that primarily describes the application. Your use of the AdStack logo shall not imply any partnership or endorsement by AdStack.
The AdStack Site and Services may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.
This Site may contain links to other sites that are not maintained by, or related to, AdStack. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or AdStack. AdStack has not reviewed any or all of such sites and is not responsible for the content of those sites. AdStack is not responsible for webcasting or any other form of transmission received from any linked site. Links are to be used and third party sites accessed at the user’s own risk, and AdStack makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this Site. AdStack provides links as a convenience, and the inclusion of any link to a third party site does not necessarily imply endorsement by AdStack of that site or any association with its operators.
Some of the AdStack Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to AdStack Content, user-generated content, queries, or other information. The manner, mode, and extent of advertising by or permitted by AdStack on the Site are subject to change without specific notice to you. In consideration for AdStack granting you access to and use of the Site and Services, you agree that AdStack may place such advertising on the Site or Services.
You understand that AdStack cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. AdStack does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ADSTACK DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ADSTACK DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADSTACK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ADSTACK MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT ADSTACK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ADSTACK MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and AdStack does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer accurate or complete.
ADSTACK, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ADSTACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ADSTACK AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF FEES PAID OR PAYABLE FOR THE 6-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
If a Party breaches any of its obligations with respect to confidentiality and unauthorized use of Confidential Information hereunder, the non-breaching Party shall be entitled to equitable relief to protect its interests therein, including but not limited to injunctive relief, as well as money damages notwithstanding anything to the contrary contained herein.
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password. AdStack will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that AdStack considers insecure, AdStack will be entitled to require the password to be changed and/or terminate your account.
AdStack reserves the right at any time to, and from time to time may, modify, suspend, or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. AdStack will not be responsible to you for a refund, in whole or in part, of service charges for any reason. You agree that AdStack shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.
In addition to any excuse provided by applicable law, AdStack shall be excused from liability for non-delivery or delay in delivery or availability of Services available through our Site arising from any event beyond AdStack’s reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond AdStack’s reasonable control, whether or not similar to those which are enumerated above.
Effective: November 1, 2012