Adcore Terms of Use

The following constitute the terms and conditions of access and use of the Services, as defined hereunder, which shall be deemed to have been read and agreed to if you access and use Services.

 

1. Acceptance.

 

By visiting and/or accessing and/or logging into and/or by creating an account and/or by registering for and/or using any of the Services, as defined below, You signify Your assent to these terms and conditions (the “Terms of Use”), as shall be updated from time to time, and the Company’s Privacy Policy and Billing Policy all of which are incorporated herein by reference. These Terms of Use constitute a binding and enforceable agreement between Podium Advertising Technologies Ltd. (the “Company”), and you, a person accessing and using the Services and Please note that in order to utilize any of the Services, You are required to obtain from Company access information (including user name, password, or otherwise, as applicable), which may be subject to applicable fees and charges to be paid to Company. If You do not agree to any of these terms, then please do not use or apply to use Services.

 

2. Definitions.

 

2.1 “Service” means the adCore™ web based application and technology owned and provided by Company through www.adcore.com for online marketing campaigns management, designed for online marketing and advertisement agencies and in-house professionals alike. The Service may be subject to fees and other related charges, as provided herein and as shall be elected by User before access is granted to the Services; the commercial terms and the various packages available can be viewed in our Billing Policy.
2.2 “You” or “User” means a company, a corporation or any other entity, including a division or department thereof, and including anyone authorized to use the Services on behalf of the foregoing, which provide services in the field of online marketing and advertising optimization and management; “we”, “our” and “us” means the Company, its parent corporations, subsidiaries and affiliates.
2.3 “Website” shall mean the website at www.adcore.com or any of its sub-sites.

 

3. Use of Service.

 

Company hereby grants You a permission to use the Service as set forth in these Terms of Use, provided that: (i) You are 18 years old or older (i) You will not disclose your user name and password to others and you will not allow anyone other than You, directly or indirectly, use the Service with your user name and password ; (ii) You will not copy or distribute any part of the Service, the Content therein, and any form and concept embodied therein, in any medium (iii) You will not alter or modify any part of the Service; and (iv) You will otherwise comply with the terms and conditions of these Terms of Use.

 

4. Changes to the Service; Termination of the Service or Feature.

 

Company reserves the right, at its sole discretion, at any time to modify, improve and correct or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. If Company in its discretion chooses to cease providing the current version of the Service or any of its features and/or specific functions, whether through discontinuation of the Service or by upgrading or downgrading the Service to a newer version, You may not be able to continue using the previous version of the Service. Features and/or functions of previous Service versions might be removed on future versions thereof. You agree that Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

 

5. Service Offering; Plans.

 

The Service made available under these Terms of Use is offered under a contact to suit Your needs, which are subject to the applicable fees (“Premium Fee”). Without derogating from the foregoing, we may from time to time offer tailor-made plans customized to meet individual User needs and requirements. In addition we may occasionally offer special promotions where we may discount or waive certain applicable Fees. The Service is currently designated to run and manage campaigns on various search engines and their respective online marketing, SEO and SEM tools, subject to the terms and conditions thereof, as further detailed herein (please refer to “Third Party Services”).

 

6. Payment Methods.

 

A valid credit card, debit card or any other charge card (“Payment Card”) is required in order to use the adCore software and any other software offered by the company. We may also at any time accept monetary payment through any other payment method as shall be designated by Company from time to time at its sole discretion, including without limitation through a PayPal account or via bank remittance. Upon presentation of any Payment Card information, the purchaser warrants that he/she is the cardholder or an authorized user of such Payment Card, and that the billing information provided is accurate. All Payment Cards are subject to validation checks and authorization by the card issuer. To ensure that your Payment Card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made by us. If the issuer of your Payment Card refuses or does not, for any reason, authorize payment to us, whether in advance or subsequent to a payment, we shall be entitled to deny your access to the Service. Your complete billing information is not stored in any way, manner or form whatsoever on Company’s servers but it is nevertheless saved on secure third party servers. You agree to pay Company for all charges at the prices then in effect for any use of the Service by You (including Your employees or agents) using your Payment Card or by means of any other payment method as shall be approved by Company in advance, and you authorize Company to charge such Payment Card for the Service. By approving the purchase of an adCore Premium Plan, you authorize Company to charge the designated Payment Card for the total amount of the purchase.

 

7. Cancellation.

 

You may cancel your account at adCore subject to the terms of your contract. Details of how to cancel your account and charges in the event of cancellation are subject to the cancellation policy as set forth in the Billing Policy.

 

8. User Accounts; Compliance and Monitoring

 

8.1 In order to use the Service You shall be required to create an account (“Account”) by submitting certain details. adCore users shall only be required to provide email address; phone number/s; and payment information, to mention but a few (“Private Information”). Company shall treat your Private Information in accordance to Company’s Privacy Policy. You must ensure that the details provided by You on registration or at any time are correct and complete and must inform the Company immediately of any changes to the information that You provided when registering and creating User Account, by updating Your personal details. Password and Account access details must be kept safe, secure and confidential at all times and must not be disclosed or shared with anyone. You hereby release the Company from any and all liability for any losses and/or damages caused to you or to your clients by any unauthorized access and/or use of Account(s). Although Company will not be liable for such losses, You may be liable for the losses of the Company or others due to such unauthorized use.
8.2 Company reserves the right to monitor Your use of the Services in as much as required to ensure that Your use of the Services is in accordance with the permitted uses as set forth herein. In the event that it comes to Company’s attention that You are using Your Account in contrary to these terms of Use, Company explicitly reserves the right at any time in its sole discretion to block use of any Account(s) or terminate Your use of the Service, without derogating from any other remedies available to Company according to any applicable law.
8.3 Notwithstanding the aforesaid, Company shall have the sole and absolute discretion to deny any User’s registration and/or access to the Service or any future services of the Company or to discontinue and Service for any Account or Accounts and block such Accounts for any reason whatsoever and at any time, without incurring any liability to Company.

 

9. Use of Information

 

Company may collect or receive information and data submitted by Users through the Services including without limitation Private Information, as set forth in the Privacy Policy, and as set forth herein. Any such information may be monitored, retrieved analyzed and used by Company for creation of general statistics regarding use of the Service, utilization of Services and for purposes of establishing patterns of behavior, manner and fashion of use of the Services, and general statistics regarding to campaign management through the Service (excluding campaign specific identifying data, such as, names of advertised brands, pricing information of products which are subject of certain campaigns etc.) to the extent permitted by applicable law and subject to Company’s Privacy Policy (all the foregoing, “Extracted Information”, for example, in order to determine popularity of certain features and improve the functionality and the quality of Services, a delivering customized content and customized Advertising Material (as defined below), and for other purposes commercializing an monetizing upon such Extracted Information. By using the Services, User further authorizes Company to include User’s name, title, business name, contact information in data bases used for commercial purposes (“Commercial Data Base”) including without limitation providing such Commercial Data Bases to third parties. At any time, any User is entitled request by furnishing a written notice to Company, viainfo@adcore.com to withdraw this authorization and delete such Users’ information from any such Commercial Data Base, however, Company retains the right to save such information for its internal purposes for as long as User uses the Services.

 

10.Advertising Material.

 

Company may present in the Service or Website screens information, texts, advertisements for products and/or services, notices and/or other materials which are uploaded to the Service by the Company (“Advertising Material”). Such Advertising Material may be personalized and assigned to individual Users. Such personalization may be based on information, including Private Information, retrieved by the Company resulting from User’s use of the Service. Company hereby disclaims any and all liability arising from or in connection with receiving such Advertising Material, their origin, contents and/or their context.

 

11.Use Limitations.

 

The Service and the Content (as defined hereunder) may only be used as a tool for the purpose of management of online marketing campaigns under the terms and conditions herein (whether for managing Your own business’ online marketing campaigns, or if you are an advertising agency – for managing your brand accounts’ online marketing campaigns) (“Purpose”) and the Service and Content may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the Company. Company reserves all rights in and to the Service and the Content.
You may not use the Services for any of the following purposes including without limitation managing campaigns promoting or supporting any of the following purposes (the “Prohibited Activities”); Company disclaims any and all liabilities, losses and or damages with respect to any use of the Services which constitutes a Prohibited Activity.
11.1 Engaging in unlawful, indecent, obscene or other morally objectionable activities.
11.2 Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or illegal materials;
11.3 Transmitting material that encourages conduct which may constitute a criminal offence, result in civil liability or otherwise breaches any relevant law, regulation and/or code of practice;
11.4 Gaining unauthorized access to other computer systems;
11.5 Interfering with any other person’s use of the Services;
11.6 Transmitting, junk mail, chain letters or “spam”;
11.7 Making and/or transferring and/or storing electronic copies of materials protected by copyright without the express permission of the owner of the material, or otherwise making such use of the Services that infringes third parties intellectual property rights;
11.8 Circumvent, disable or otherwise interfere with security related features or other features of the Website and/or with the use of Services, or enforce any limitations on use of the Website and/or the Services.

 

12.Third Party Services.

 

Company through the Service may make available to User software, applications and/or services provided and licensed by third parties (“Third Party Services”). The use of Third Party Services in or with the Service is subject to the applicable licenses, terms of use and conditions of such Third Party Services. In the event that no such third party license agreements exist, the restrictions contained in this agreement shall apply on all such Third Party Services, mutatis mutandis. Company disclaims any warranty or representation with regards to any use of any of the Third Party Services, which use is on an as-is basis. In as much as the Website or the Services contain links to websites which are not operated by the Company (“Third Party Websites”), the Company shall not bear any responsibility or liability with regards to any such Third Party Websites, their contents, the information presented therein, etc., and any use of any User thereof, and in no event will the Company be liable in any way for any damages of any kind whatsoever resulting from or in connection with any use of any such Third Party Services and/or Third Party Websites or any reliance on any information presented therein, and any such use shall be on User’s own discretion, risk and responsibility.

 

13.Online Communities.

 

Company may operate through the Website Communities and/or forums and/or blogs in which users or bloggers or forum managers (“Members”) may seek and/or provide information and/or advice (“Communities”) Company may also make references to third parties that may provide advice and/or training with respect to utilizing the Services (“Advisors”). With respect to any information, statement, opinion or advice that may be posted in the Communities and/or Provided by such Advisor, Company disclaims any liability and/or responsibility and provides no warranty as to the contents thereof, their accuracy, completeness, or usefulness, reliability or appropriateness for any cause and purpose, or otherwise. Under no circumstances will Company or its affiliates be responsible for any loss or damage resulting from any person’s or entity’s reliance on information or other content retrieved through the Communities or provided by an Advisor. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any such Community may be viewed on the Internet by any other Member as well as the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. Although Company has the right to do so, Company does not undertake any responsibility regarding monitoring and/or editing any content posted in the Communities. Posts made by Members in the Communities may contain links to other third party websites, wholly unrelated to Company. Company disclaims any liability with respect to Your or other Members use of such third party websites, including without limitation any responsibility or liability for information provided thereon, and any responsibility or liability arising out of any Member’s use of such third party website or link to such third party website in conflict with any law or agreement to which such User is subject, including without limitation such third party’s website terms of use. You agree to hold Company harmless and fully indemnify Company for all losses incurred to Company in connection with any dispute or claim between You and any Advisor or other Member.

 

14. Intellectual Property Rights.

 

All right and title in the Service and its content including without limitation, software (both source and object codes), scripts, graphics, form, text, content of text, and the like and any and all trademarks, copyrights, service marks and logos, including but not limited to the adCore trademark (but excluding trademarks, service marks and logos provided by and owned by User) contained and embodied therein (“Content”), are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under Israeli laws, foreign laws and international conventions.

 

15. Warranty/Disclaimer

 

15.1 THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY (AND IF YOU ARE AN ADCORE PREMIUM USER, COMPANY PROVIDES YOU WITH THE SOLE AND EXCLUSIVE WARRANTY OF MATERIAL CONFORMANCE BETWEEN THE SERVICES AND THE DESCRIPTION THEREOF ON THE WEBSITE).
15.2 OTHER THAN THE EXPLICIT WARRANTY SET FORTH IN THE FOREGOING SECTION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES (“COMPANY INDEMNITEES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE (INCLUDING THE COMMUNITIES AND THE ADVISORS AND ANY INFORMATION OR ADVICE PROVIDED THEREFROM AND THE RESULTS THEREOF), THE SERVICE, THE CONTENT, AND THE USE THEREOF IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PURPOSE, OR OTHERWISE. IN ADDITION TO AND WITHOUT DEROGATING FROM THE FOREGOING, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OF THE LEVEL OF SUCCESS YOU MAY OR WILL ACHIEVE BY USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THERE IS NO GUARANTEE THAT OPTIMIZATION OF THE PERFORMANCE OF YOUR CAMPAIGN IS ACHIEVED AND COMPANY ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR NON-IMPROVEMENT OR DIMINUTION OR EVEN FAILURE IN THE PERFORMANCE OF YOUR CAMPAIGNS THROUGH THE USE OF THE SERVICES.
15.3 COMPANY AND COMPANY INDEMNITEES ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND THE SERVICE BY ANY THIRD PARTY, OR USER, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SERVICES OR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE.
15.4 COMPANY AND COMPANY INDEMNITEES DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, IN CONNECTION WITH ANY THIRD PARTY SERVICES, THIRD PARTY CONTENTS AND THIRD PARTY WEBSITES, ACCESIBLE AND/OR AVAILABLE AND/OR POSTED AND/OR ADVERTISED THROUGH OR IN COMPANY’S WEBSITE OR THE SERVICE (INCLUDING SUCH MADE AVAILABLE IN OR THROUGH CAMPAIGNS MANAGED THROUGH THE COMPANY’S SERVICE) (COLLECTIVELY, FOR THE PURPSOE OF THIS SECTION, “THIRD PARTY CONTENT”). COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT IN TERMS OF LEGALITY, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PURPOSE, OR OTHERWISE AND SHALL NOT BE LIABLE OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY CONTENT AND IN CONNECTION WITH ANY LOSSES OR DAMAGES WHATSOEVER IN CONNECTION WITH THIRD PARTY CONTENT.
15.5 COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR, NOR IS IT A PARTY TO ANY TRANSACTION CONCERNING (I) ANY PRODUCT OR SERVICE THE SUBJECT MATTER OF ANY CAMPAING MANAGED THROUGH THE SERVICE, (II) THE CONTENT OF ANY CAMPAIGN AND/OR ADVERTISEMENT MANAGED THROUGH THE SERVICES INCLUDING ANY HYPERLINKED OR FEATURED CONTENT IN ANY BANNER OR OTHER ADVERTISING MANAGED THROUGH THE SERVICE.

 

16. Limitation of liability.

 

WITHOUR DEROGATING FROM ANY OTHER LIMITATION OF LIABILITY EXPRESSLY SET FORTH HEREIN UNDER THESE TERMS OF USE IN NO EVENT SHALL THE COMPANY AND COMPANY INDEMNITEES BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF, THE VISIT IN, THE WEBSITE AND THE SERVICES HEREIN, AND/OR RESULTING FROM USER’S ENGAGEMENT WITH ANY THIRD PARTY AND/OR THE USE OF USER OR RELIANCE OF USER ON ANY THIRD PARTY CONTENT (AS DEFINED IN SECTION 15 ABOVE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, COMPANY IS FOUND LIABLE FOR DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE, SERVICES AND/OR THESE TERMS OF USE, IN NO EVENT SHALL SUCH LIABILITY EXCEED THE FEES PAID TO COMPANY BY USER IN RELATION TO THAT CERTAIN CAMPAIGN THAT IS THE SUBJECT MATTER OF THE CLAIM, OR IF NO SINGLE CAMPAIGN IS SO APPLICABLE, THEN COMPANY’S LIABILITY SHALL NOT EXCEED THE FEES PAID BY USER TO COMPANY DURING THE SIX (6) MONTHS PRECEDING THE EVENT, WHICH IS THE SUBJECT MATTER OF SUCH CLAIM. YOU AND THE COMPANY AGREE THAT ANY CLAIM BASED ON CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER IN CONTRACT, IN TORT OR IN GENERAL UNDER APPLICABLE LAW, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. COMPANY MAKES NO REPRESENTATIONS THAT THE SERVICE IS LEGALLY OR OTHERWISE APPROPRIATE OR AVAILABLE FOR USE IN YOUR LOCATION. THOSE WHO ACCESS OR USE THE SERVICE MAY DO SO AT THEIR OWN FREE WILL AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

 

17. Indemnity.

 

You agree to defend, indemnify and hold harmless the Company, and Company Indemnitees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) a violation by You of any term of these Terms of Use; (ii) a violation by You of any third party right, including without limitation any copyright, trademark, property, or privacy right, while using the Services or in connection thereto. This obligation for defense, indemnification, and holding harmless will survive the termination or expiration of these Terms of Use and Your use of the Services.

 

18. General.

 

Any claim or dispute brought by You against Company that arises in whole or in part from or in connection with the Website and Services or these Terms of Use shall be subjected to the exclusive jurisdiction of the competent courts of Tel Aviv, Israel, without giving effect to rules of conflict of laws. Any claim or dispute brought by Company against you that arises in whole or in part from or in connection with the Website and Services or these Terms of Use shall be subjected exclusively to either the jurisdiction of the competent courts of Tel Aviv, Israel, or the jurisdiction of the competent courts at defendant’s domicile, at Company’ sole and exclusive discretion, without giving effect to rules of conflict of laws. The parties hereto further agree that such courts shall interpret these Terms of Use with accordance and subject to the laws of the State of Israel. Counterclaims may only be filed to the court already having jurisdiction over the claiming party’s action. You agree that the Services herein shall be deemed as provided by a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in no jurisdiction whatsoever. If any provision of these Terms of Use is deemed to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Company reserves the right to amend and/or update these Terms of Use at any time and without notice. and Your use of the Services following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms. These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction including any claim Company may have against any User. For any questions, please contact us at Podium Advertising Technologies Ltd. PO Box 29302, Tel Aviv, 6525101, Israel or by electronic mail to info@adcore.com.