AdSiege provide services to you subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice.
In addition, when using any particular AdSiege -owned or -operated services, you and AdSiege shall be subject to any posted guidelines or rules applicable to such services, which may be modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. AdSiege may also offer other services that are governed by different terms of service.
AdSiege provides clients with access to a rich collection of digital marketing and advertising services (the “Service”).
You understand and agree that the Service is provided “AS-IS” and that AdSiege assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any client communications or personalisation settings.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom, Europe, Canada, Australia, New Zealand, South Africa the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or AdSiege has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AdSiege has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“content”), are your sole responsibility.
This means that you, and not AdSiege, are entirely responsible for all content that is uploaded, posted, emailed, transmitted or otherwise made available by you or via the Service on your behalf.
Under no circumstances will AdSiege be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.
You agree that you must evaluate, and bear all risks associated with, the use of any service, including any reliance on the accuracy, completeness, or usefulness of such service. In this regard, you acknowledge that you may not rely on any content, including without limitation information in all other parts of the Service.
You acknowledge, consent, and agree that AdSiege may access, preserve and disclose your account information and content if required to do so by law or in a good faith believe that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for client services; or (e) protect the rights, property, or personal safety of AdSiege, its principals, employees, associates, affiliates, clients, and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by AdSiege and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorised reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
As a client, you acknowledge that in using AdSiege services to send electronic communications you will be causing communications to be sent through AdSiege‘s computer networks. As a result, and also as a result of AdSiege’s systems architecture, business practices, and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of international communications regardless of where one is physically located at the time of transmission.
Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in international data transmissions.
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from United Kingdom, Europe, Canada, Australia, New Zealand, South Africa the United States or the country in which you reside.
You agree to indemnify and hold AdSiege and its Affiliate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, any content posted on your behalf, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
AdSiege reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AdSiege shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.
You agree that AdSiege may, in its sole discretion and without prior notice, immediately terminate your access to the Service, deny access to any and all associated content entered by you or related parties, and deny access to the Service for reasons that include, but are not limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service.
Further, you agree that AdSiege shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service.
The Service may provide, or third parties may provide, links to other websites or resources. Because AdSiege has no control over such sites and resources, you acknowledge and agree that AdSiege is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that AdSiege shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that some content or information presented to you our website or through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorised by AdSiege, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
You expressly understand and agree that:
1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. AdSiege, and their officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. AdSiege and its officers, employees, agents, partners, and licensors, make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
3. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from AdSiege or through or from the Service shall create any warranty not expressly stated in the TOS.
You expressly understand and agree that AdSiege, and its officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if such losses are reasonably foreseeable or AdSiege has actual notice of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
AdSiege may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
Entire Agreement. The TOS constitutes the entire agreement between you and AdSiege and governs your use of the Service, superseding any prior agreements between you and AdSiege with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AdSiege services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and AdSiege shall be governed by the laws of the United Kingdom without regard to any principles of conflicts of law.
Waiver and Severability of Terms. The failure of AdSiege to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of these TOS to firstname.lastname@example.org