TERMS OF USE

IMPORTANT. The following terms of use constitute a legal agreement (“Agreement”) between you (“You”, “Your”) and Contadd Ltd, a company (“Company”) registered in England and Wales (5 Fitzhardinge Street, W1H 6ED, London, under registration number: 8420728), and govern the offering and use of the services provided through Contadd (“Contadd”).

The Services

1. Contadd relates to the offering of digital marketing and advertising services(“Services”). The Company produces, develops and operates software (“Software”), which allows the operation of the Contadd platform (“Platform”) and ultimately the delivery of the Services.

2. The Services are offered to various clients (“Clients”), including without limitation brands, marketing agencies, advertising agencies, media shops and affiliate networks, for the purpose of campaign development (“Campaigns”). The Campaigns are delivered to You, through a number of Contadd’s products, and can be accessed via the internet and/or mobile applications through various online Media (“Media”). The term ‘Media’ refers to digital media, including without limitation, websites, portals, blogs, search engines, emails, widgets and RSS feeds.

3. The totality of the Services offered by the Company aim to be user-friendly and not to be invasive and interruptive of Your normal viewer experience on the Media. Contadd provides the Services to be published according to the following Publishing Guidelines (“Guidelines”). The Guidelines set forth the standards of use in relation to the Services. In specific, the Company prohibits the use of its Platform with respect to defamatory, false, misleading, derogatory, offensive, abusive, discriminatory, threatening, vulgar, pornographic, libellous, harassing or otherwise inappropriate content, and must not in any way infringe any natural or legal entity’s right (including the right to privacy) and must not offend public morals.

4. The usage of the Services provided through Contadd may result to the gathering of information which is related to You according to Your interaction with the Services. It is expressly provided that the data collected are not personal and cannot identify You. The details of the gathering and usage of such information are analysed in the Privacy Policy.

Intellectual Property

5. The totality of the Services, including without limitation the Software and Platform, the source code, the object code, parts of the Software used for promotional and information purposes, such as demos, as well as the additions and/or changes which may occur to the Software and Platform, constitute the Company’s property and are therefore accordingly protected by the relevant intellectual property provisions (registered or unregistered). The Company retains exclusive rights over the property and reserves all rights, including without limitation the right to copy, reproduce, distribute, adapt, license and produce derivative works.

6. Contadd’s overall Service design elements, including but not limited to the Software and the Platform design properties, design packaging, and design elements, as well as the colour combinations, use of font, graphic design, icons, images, screen displays and typography associated with Contadd, and the general look and feel that Contadd uses, constitute the Company’s property and are consequently protected by the relevant intellectual property provisions (registered or unregistered). The owner retains exclusive rights as to the property and reserves all rights, including without limitation the right to copy, reproduce, distribute, adapt, and produce derivative works, unless the Company has granted its written consent otherwise.

7. The trade elements distinctive of Contadd and the Services, including but not limited to trademarks, marks, brand names, logos, slogans, and the overall trade design elements, constitute the Company’s property and are consequently protected by the relevant intellectual property provisions (registered or unregistered). The owner retains exclusive rights as to the property and reserves all rights, including without limitation the right to copy, reproduce, distribute, adapt, and produce derivative works, unless the Company has granted its written consent otherwise.

8. You are forbidden to copy, reproduce, duplicate, modify, adapt, imitate, decompile the totality of the Services, as well as to reverse engineer, disassemble or attempt to derive source code from the Services, the Software, the Platform, the codes, the demos, in order to offer services which are identical or confusingly similar to the Company’s Services. You are forbidden to challenge the Company’s proprietary rights, present or future (under any relevant laws enforced from time to time throughout the world) according to the prohibitions of intellectual property law. This prohibition extends to the totality of the Services, whether referring to existing of customised Services. Any attempt to upload by Yourself or by a third party on Your behalf codes on any medium and/or website constitutes a material breach of the terms of this Agreement and will be enforced accordingly.

9. You, either on Your own, or through a third party, agree not to authorise or encourage: (i) any attempt to probe, scan, or test the vulnerability of any Contadd system or network, or breach any security or authentication measures;(ii) the direct or indirect generation of queries, impressions, or clicks through any automated, deceptive, fraudulent, or other invalid means; (iii) the editing or modification of any of the Services, including the obscuring, or minimising of the Services, in any way; (iv) any attempt to access, search or download the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Services through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by generally available third party web browsers. This is an abuse of the Services and constitutes a material breach of the terms of this Agreement enforced accordingly.

10. The totality of the material provided though the Content and in connection to the Media or any Client (including without limitation, images, photographs, audio, video and music files, as well as any other type of information), as well as the brands and their distinctive trademarks, marks, logos and overall trade designs and trade elements, is the property of the respective owners and protected accordingly. The Company expressly provides that it does not hold any rights on the use of such material and information, and uses it simply for business and marketing purposes, in terms of Campaign development.

11. The images and photographs for the In-Content services (e.g. In-image, ImageBanner etc) are expected to be licensed to the Media by the relevant rights holder, such as agency or private person. Accordingly, the Company accepts no liability or responsibility with respect to relevant intellectual property and licensing rights.

12. The Company grants You a personal, revocable license to view the information and content provided on the Media and through the platform, withholding all rights to the information provided. The license is granted for the Users’ personal use, and no other license, right, ownership whether express or implied, is granted to them with respect to the Company’s property or any third party property available through the Services.

Liabilities and Warranties

13. In relation to the use of the Services, the Company accepts no liability or responsibility with respect to the content provided through its Clients. As previously explained, Contadd provides an editorial service to its Clients, enabling them to communicate their marketing and advertising message, without choosing or editing the information and overall content. Therefore the Company cannot be held responsible or liable for the content or message provided through any of its Clients.

14. Furthermore, the Company accepts no liability or responsibility with respect to content provided through third parties. According to the appropriate legal provisions in relation to third party, it is Your responsibility to read the respective Terms of Use and Privacy and Cookies Policies to ensure that it is according to Your preferences.

15. In the instance Contadd’s Services are connected to the sale of goods or services, the Company accepts no liability with respect to such transactions. Unless otherwise expressly provided, the actual transaction for the sale of goods or services will not be made through the Company and will not be hosted on the Company’s servers, thus the Company cannot be held responsible or liable for such transactions.

Miscellaneous

16. In the event a change or modification is required to the terms of this Agreement, we will provide notice and update the online version to this Agreement. A change to the terms is expected to take place in instances where legal provisions require so, or where a provision herein is held unenforceable. In such instances, the appropriate section will change without affecting the remaining sections and provisions to this Agreement. The continuous use of the Services by You constitutes agreement with these Terms. We advise You to check the Policy from time to time to ensure that You agree to its provisions.

17. Any violation to the terms of the Agreement by You constitutes a material breach of the Agreement. The Company reserves the right to investigate, at its own discretion, any activity that may violate this Agreement and the Privacy Policy or any engagement in any activity prohibited by this Agreement and enforce it according to this Agreement. The Company also retains the right to prevent or take action regarding illegal activities and/or violations of the Terms of Use and enforce any breach.

18. With respect to any claims or disputes that may arise in connection to this Agreement, any violations of the terms to this Agreement, as well as to any claims or disputes as to the relationship and duties contemplated under this Agreement, it is stated that this Agreement is governed by the laws of England and Wales.

Security

19.The Company takes all appropriate measures to provide security in relation to the operation of its Services and so as to ensure that the Services will operate effectively. Although necessary precautions are taken to ensure the security of the operation of the Services, it must be noted that security cannot be guaranteed over the web and accordingly the Company provides no warranties as to the operability of the Services.

For any notices or complaints with regard to these Terms, You can contact Contadd at [email protected]. We will respond to all claims within 30 days. In Your email please describe in as much detail as possible, the issues which have lead You to complain so as to allow us to promptly investigate Your complaint.

Last updated, 14 December 2015