The following statements set forth the adbeat.com (hereinafter referred to as “adbeat”/”We/Us”) Terms of Use for the adbeat website and related tools and services. Please read this document carefully before using any of our tools and services. By accessing and/or using any of our tools and services you acknowledge that you have read and understand the following Terms of Use and agree to be bound by the terms and conditions contained herein. Terms of use apply to all parties who use any of our tools and services. Should you be provided with a USER ID and Password, you are solely responsible for the security of the same. All site members, visitors and/or users of our tools and services are deemed and referred to herein as “You” or “Users.”
1. Refunds. Our application is sold as a service. We offer month-to-month payment plans and a year pre-paid payment plan. You must pay our fees in order to access and use our application. Our software service has a refund period of thirty days. If for any reason you are not satisfied with our software service, you may contact our customer support department and receive a full refund IF you contact our customer support department to request a refund within thirty days of the time you first received and paid for our software service.
2. Training content is sold as a separate purchase. We also have a thirty-day refund guarantee regarding our training content. Your request for a refund must be made to our customer service department within 30 days of your purchase of our training content.
3. Training content restrictions. Our training content is our intellectual property. You may not copy, share, distribute, duplicate or otherwise allow any third party to have access to it. We take violations of our copyrights and other intellectual property rights very seriously.
4. Website intellectual property restrictions. Except as expressly provided for herein, you may not copy in whole or in part any information, data, graphics and any and all other content that we publish or provide without our express written permission. Violations of our copyrights, trademarks, trade dress and other intellectual property will be prosecuted by us to the fullest extent of the law. Our content is protected by US law and various international treaties and agreements. Content on this website may be used, copied, or distributed for personal, noncommercial, informational purposes only. All copies made of the content must include copyright, trademark or other proprietary notice found on the website where the content was found. Except as granted herein, users are not being granted a license or any other rights under any copyright, trademark, patent, or other intellectual property right in the material or the products, services, or technology published or provided to by us. Forums: you may use our forums pursuant to any policies, guidelines and restrictions that we post on our site. You agree to give us a royalty free, perpetual, non-revocable, transferrable license to use your forum posts in any way that we wish.
5. Keywords/Keyphrase limitations. We disclaim any responsibility for the content of any keywords or keyphrases that you encounter in our database or elsewhere as made available to you by us. Keywords and keyphrases often have a sexually explicit nature. That's simply because the world seems to be driven by sexual content and as such sexually related keywords and keyphrases are commonly used to obtain various advantages. Perhaps twenty percent or more of the keywords returned will be of a sexually explicit nature. If you are faint of heart regarding such content, you are probably not going to want to use our tools and services. Removal of such content by us would provide invalid results.
6. Suggestions you send to us. If you desire to send us questions, data, suggestions, comments and the like regarding our business in general, rather than specific issues regarding your membership such as your payment account information and related issues, we will treat such communications as being non-confidential and non-proprietary in nature. That means if you send us a great idea about how to improve our service we may use the idea and we will not pay you for your idea.
7. Disclaimers. Our content may contain mistakes, inaccuracies or typographical errors and erratum. You agree to hold us harmless from any claims arising from such unfortunate happenstances. We reserve the right to make changes, modifications and updates to any information we publish or otherwise make available to you with no prior notice being given. If you use any of our tools and services (which includes all content of any nature) you agree to assume sole legal responsibility and all risks for such usage.
8. Pricing changes. We may change our prices for our products and services at any time. You will be informed of all pricing changes at least a month in advance. We will either email you about our pricing changes or merely post them on our website, or both, at our sole discretion. All pre-paid purchases will not be affected by such pricing changes until your pre-paid period has elapsed. When we raise prices, you may unsubscribe to such services and tools before the new pricing takes effect.
9. Automatic subscription renewals. We will automatically renew your subscriptions when they expire unless you unsubscribe or cancel prior to the termination date of your subscription. You must unsubscribe or cancel at least 24 hours prior to the termination date for your cancellation to take effect. Please contact this address to unsubscribe: [email protected]
10. Technological and service changes. We reserve the right to make technical, interface and service changes without prior notice to you. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the site and/or services and tools following such changes and modifications will constitute your binding acceptance.
11. Service outages. We cannot promise that our various services and tools will be available 100% of the time. Some outages may occur, especially when we upgrade our services and tools. This is a normal part of how any technology service must conduct repairs and upgrades. You agree to hold us harmless from any damages that arise from our not providing services to you 100% of the time. Our services may have interruptions or errors and you also agree that we are not responsible for any damages of any nature regarding such interruptions or errors. Should our service not be available for thirty percent or more of any calendar month, we will provide you with one additional month of service at no charge to you.
12. Access restrictions. For those areas of our website where we do not intentionally charge a fee to access, such areas may be accessed at no charge. But any service or tool, or portion of our site, that we provide only via a subscription basis, may be accessed only by the party paying for the subscription. Each subscription is for the sole-use of a single individual user and may not be shared by multiple users in an organization. Subscriptions are non-transferable and your account may not be used by any third party. Violations will result in our terminating your account and you will not receive a refund despite the fact that such termination may take place within your first thirty days of using or accessing the related subscription tool or service.
13. Automated solutions. Our automated solutions, including tools, software applications and online systems used to perform automated queries can ONLY be performed via the API we provide.
14. Refusal of service. We reserve the right to refuse any order that you place with us for reasons that are in our sole discretion and we shall not be required to explain to you why we refused to honor your order. Note that any violations of the law on your behalf or violations of what is generally considered to be good practices within the general Internet Community will result in refusals by us to honor orders and may even result in your account being terminated with no refund to you.
15. Notices. We may provide you with notices by sending such notices to your last known email address or merely post such notices on our website, or both, in our sole discretion.
16. Privacy Policy. We have published a privacy policy and it is your duty to review the same. Note that we will send you email or otherwise contact you regarding issues concerning your account, to provide customer service to you, give you service updates and general service information and, of course, to respond to your communications to us. You cannot unsubscribe from normal business communications as set forth in this section. You are free to unsubscribe from marketing information that we may send you regarding any third parties.
17. Termination. Termination for Cause. This Agreement may be terminated by either us or you immediately for cause by providing notice upon the occurrence of any of the following events; (i) If we cease to do business, or otherwise terminate our business operations; or if either you or us breaches any material provision of this Agreement and fails to fully cure such breach within thirty (30) days (ten (10) days in the case of your failure to pay us for services rendered or products purchased) of written notice describing the breach; or if we become insolvent or seek protection under any bankruptcy, or receivership, or similar legal action. Termination at will: you may terminate your relationship with us by stopping to use our tools and services. We may terminate our relationship with you by simply informing you that we do not intend to provide you with further usage of our tools or services for any reason whatsoever we deem to be appropriate.
18. Warranty information. We provide data retrieved from third parties. We cannot promise any particular level of accuracy, usefulness or provide any warranty regarding our services, data and products whatsoever. We may not accumulate data that could have use and we may accumulate data that has no use whatsoever. We do not cleanse data, scour data, or otherwise adjust it through redaction for any purpose. We provide raw data and allow you to make use of it. We do not interpret the data. Data that you receive access to may be misleading in nature, not easily subject to analysis, may be incomplete, defective, contain erratum and may be of no statistical usage at all or possess any mathematical, statistical, historical, or analytic value at all. In other words, we cannot guarantee any particular level of validity regarding any data we provide to you. We may filter some data for reasons we deem appropriate and as such the data you receive may be filtered and during our filtering process we may have removed data that would have been useful to you. Accordingly, you agree to hold us harmless and wave any liability of any nature regarding the quality of the data you receive from us. We do warrant that our tools will not violate any third party contractual obligation regarding third party data providers.
19. Limits of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
If for any reason we are held liable, our liability is limited to the amount paid by you for applicable service(s) that we have provided you.
20. Force Majeure. We are not responsible for any failure or liabilities that arise due to events that our outside our control, such as fire, flood, strikes, war, industrial disturbances, failure of raw materials suppliers or Internet service providers, failure of transport, attacks rendered upon us or our properties by third parties, accidents, riots, insurrections, acts of God, acts of governmental agencies or any occurance that is reasonably outside our control.
21. Governing law. This Agreement shall be governed by the law of California save for conflict of law issues, and all disputes between the parties shall be resolved exclusively in the courts of California. California shall have exclusive jurisdiction in connection with all legal issues that arise from this Agreement or the actions of the parties.
22. Severability. Should any portion of this Agreement be determined by a Court of Law to be invalid, the rest of the Agreement shall remain in full force and effect and shall be construed so as to best effectuate the original intent of the parties.