Terms of Services
Please read the following General Terms and Conditions (“T&C“) carefully as the provisions contained herein shall govern your access and use of our Application through the website adroots.com. This Application is published by or on behalf of Digital Web Circuit, LLC. AdRoots is a web application for measuring web traffic and reporting, to track all digital marketing links, to provide analytics from all possible dimensions which collectively hereinafter referred to “the Services” and any additional services introduced by us and contained within constitutes acceptance by you of these Terms and Conditions.
Our Application also has number of other features which are as follows:
- Dynamic Campaigns : This feature manages complex link funnels like rotations, rules and unlimited direct links under one easy panel;
- Access Control: This feature creates accounts with precise permissions and access views to every object in the application;
- Cost Manager: This feature accurately track campaign cost with the traffic source;
- Data Access: This feature would help in exporting all the data of the user anytime;
- Advance Reports: This feature provides powerful analytics that create custom reports that can be drilled down to 5 levels;
- Offer Allocation: This provides hourly, daily and monthly caps to your offers;
- Rule Library: This feature routes and cloaks traffic by custom variables, connections, time technology and many more rules;
- Secure Domains: This feature enables you to use the Application in a secure environment;
- Visitor Filter: This feature provides the actual count of the clicks that matter by filter out bots.
1.1 The Application is owned and operated by Digital Web Circuit, LLC and/or its associates, related parties, successors and assigns (collectively hereinafter referred to as “Provider”, “us”, “we” or “our”.
1.2 The terms and conditions set below apply to:
(a) any persons accessing and downloading the Application (“Visitor“); and
(b) any persons supplying in any way personal information (including name and email address) to the Provider through or in connection with the Application, whether by way of the Provider’s contact form, by email or otherwise (“Registered User“). As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach of this condition.
(c) If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
Both categories of users are collectively referred to as “Users“, “you” or “your” in this T&C.
1.3 By becoming a User, you hereby acknowledge and agree to be bound by the T&C.
We may suspend or stop providing the services if you do not comply with our terms and conditions and policies.
Using our Application as well as various services provided by us through our Application does not grant you any Intellectual property rights in Our Application and Services or content provided by us except your personal data or information uploaded on our Application. Adherence to Clause 8 of this terms and conditions is mandatory.
2. ELIGIBILITY FOR REGISTRATION AND ACCOUNT SAFETY
In consideration of your becoming a User, you represent and warrant that:
(a) you are 18 years of age or older;
(b) you have the capacity to form a binding contract;
(c) you are not a person barred from accessing or using the Application under the governing laws of the T&C; and
(d) your access or use of the Application does not violate any applicable law or regulation.
(e) You will keep your contact information accurate and up-to-date.
(f)You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
(g) You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
(h) If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
(i) When a person using our Application acts on behalf of their employer or an entity, this person represents and warrants he/she has a full legal authority to bind their employer or such other entity to this Terms and Conditions.
PROTECTING OTHER PEOPLE’S RIGHTS
1. You will not post any content or take any action on our Application that infringes the rights of the other user or violates any law.
2. We reserve the right to remove any content or information if we believe that it violates these terms and conditions.
3. On account of use of any copyright and trademark or you use any logo and trademark which is deceptively similar to the already existing trademarks without our prior written consent, we would disable your account when appropriate.
4. You are not allowed to post any sensitive financial information or any one’s identification.
3. PRICING AND PLANS
3.1 For current pricing and plans please see the pricing page on our website.
3.2 We reserve the right to change pricing and plans offered at any time and without any prior notice to you.
4. PAYMENT AND CREDIT CONTROL
4.1 All the Services offered through the Application are billed in accordance with the Payment and credit control policy mentioned on the website adroots.com.
4.2 The use of the Application is conditional to the use of valid debit or credit card. The use of valid debit and credit card in also necessary for your account remain active.
4.3 Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
5. SHARING OF CONTENT AND INFORMATION
5.1 You own all the content and information you post on the Application and you can control how it is shared through your privacy and application settings.
1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings
you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, host, store, reproduce, modify, optimize, create derivative works, publish, publicly perform, display and distribute such content.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
4. When you publish
blish content or information using the Public setting, it means that you are allowing everyone to access and use that information, and to associate it with you (i.e., your name and profile picture).
5.2 For the purposes of this Clause, “User Content” means any and all:
(a) any personal information provided by you in a contact form or by way of email (collectively “Registration Data“); and
(b) any other photographs, videos, audio, data or materials you upload, post, email, transmit or otherwise make available through or in connection with the Application.
You expressly acknowledge, agree and warrant that:
(a) you are solely and entirely responsible for your User Content;
(b) all Registration Data which is submitted by you to the Provider through or in connection with the Application is true, accurate and current, and is complete in all respects;
(c) you shall update any changes to your Registration Data as soon as practicable; and
(d) you shall not upload, post, email, transmit or otherwise make available through or in connection with the Application any User Content that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(iv) comprises unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(vi) purports to impersonate any other person or entity, including, but not limited to, any other User, the Provider’s official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(vii) Attempt to gain unauthorized access to the Application or any networks, servers or computer systems connected to the Application;
(viii) Modify, adapt, translate or reverse engineer any part of the Application or re-format or frame any portion of the pages comprising the Application, save to the extent expressly permitted by these Terms or by law;
(ix) You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, profiles, audio and video clips, sounds, works of authorship, applications, links and other content or materials that you submit, post or display on the Application.
(x) You will not use or develop any third party applications that interact with our Application, other user’s content or information without legal written consent.
(xi) You will not use or upload any spider, scraper, virus, robot, crawler or any other automated means to access our Application or extract any other user’s data or personal information.
(xii) you will not solicit login information or access an account belonging to someone else.
(xiii) you will not facilitate or encourage any violations of these terms and conditions.
(xiv) you shall not adapt adroots in any way or use it to create a derivative work.
5.4 You also expressly acknowledge, agree and warrant that the Provider:
(a) shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is made available by you through or in connection with the Application; and
(b) may access, preserve, and disclose all User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce the T&C;
(iii) respond to your requests f
or customer service; and
(iv) protect the rights, property, or personal safety of the Website, other Users and/or the public.
5.5 You understand that the technical processing and transmission of all User Content submitted or posted by you may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
5.6 The Provider does not claim ownership of any User Content you submit or upload through or in connection with the Website.
6. EXCLUSION OF LIABILITY / AND DISCLAIMER
6.1 You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from:
(a) the accessing of, or the inability to access, the Application, the use of, or the inability to use of the Application, all implied warranties, terms and conditions relating the Application;
(b) unauthorized access to or alteration of any of your transmissions or data, including any User Content; and
(c) Any warranty, terms or conditions as to accuracy, operability, completeness, quality of the Application.
The total liability, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services.
We are using a commercially reasonable level of skill and care and we hope that our User would enjoy the use of our Application. We, including but not limited to our suppliers or distributors, hereby do not warrant any commitment about the content within the services, the specific functions of the services, suitability and reliability of the services to your specific needs. The entire risk arising out of the use of adroots or performance of the user websites remains with user. We specifically disclaim any representations or warranty regarding (a) the success of adroots, (b) the error free and disruption- free Services. This Application is provided “as is”, “with all faults and “as available” without any warranty of any kind. We hereby disclaim any liability for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Application.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties
8.1 You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your:
(a) access and use of the Application or any Application Contents thereof;
(b) violation of the T&C;
(d) violation of any rights of another.
9. PRIVACY AND COPYRIGHT
9.1 All copyright in all material contained on, in or available through Application including all information, data, algorithms, methods of computation and data processed by adroots to measure network traffic, events used for geolocation or categorization of network traffic or any other data of statistical nature necessary for proper functioning of adroots or features thereof and all source code, software compilations are owned by the Provider or its proprietary holders, and you are required to abide by all copyright notices contained on the Application and Website.
9.2 By using our Application and related services, you agree that we can use such data in accordance with our privacy policies. We are not responsible for any copyrighted material or data used within your account. In case of any violation of the provisions set out in U.S. Digital Millennium Copyright Act, we can terminate your account in response to any notices of alleged copyright violation.
9.3 Except to the extent otherwise specifically authorised by the Provider and/or the proprietary holders:
(a) you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all material , or create any derivative works thereof, and you may not use any of the material in connection with any commercial endeavours, whether in whole or in part;
(b) you may not alter the text, graphics, images, audiovisual or any other materials.
9.4 Any unauthorized reproduction, publication, further distribution or public exhibition of the material referred to in clause 9.1 contained therein, in whole or in part, is strictly prohibited.
9.5 In addition, the domain name, the Provider’s name, logo, other names and logos of the Provider as may be created, produced or used from time to time (“Marks“) are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner the Marks for any purpose whatsoever.
10. ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT
For the benefit of the user and the advertisers, we use to deliver advertising and other commercial or sponsored content. The provision of advertising and other commercial or sponsored content you shall agree to provide us the permission:
To use your name, profile, picture, content, and information connection with commercial, sponsored and other related content;
We do not give your content to advertiser without your consent.
11. MODIFICATIONS TO THE WEBSITE, WEBSITE CONTENT AND T&C
11.1 The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any part thereof, with or without notice to you. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Application or any part thereof. The most current version of the T&C as posted on this page shall supersede all previous versions.
11.2 It is your responsibility to check regularly to determine whether a new version of the T&C has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the T&C, then you must immediately stop using the Application.
11.3 You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Application, and/or amendments to the T&C. Your continued use of the Application after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the T&C, as amended.
12. OFF SITE LINKS
12.1 In order to offer increased value to our Users, the Provider may provide, or third parties may provide, links to other websites or resources, which you may access at your sole discretion.
12.2 You understand and acknowledge the Provider has no control over such sites and resources. In this respect, you also acknowledge and agree that the Provider 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, services or other materials on or available from such sites or resources.
12.3 You further acknowledge and agree that the Provider 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.
13. EMAIL POLICY
13.1 We will not respond unless required to do so by law to any email sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
13.2 We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates. Where appropriate we will endeavour to respond to all Emails within 24 hours of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails will generally be stored for 90 days after which time they will automatically be deleted. Any Email sent to the incorrect destination is liable to be deleted immediately.
15. NO THIRD PARTY BENEFICIARIES
15.1 You agree that, except as otherwise expressly provided in this T&C, there shall be no third party beneficiaries to this T&C, and that you may not assign your profile or registration to any other persons.
16.1 If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to the Application or Services offered through or in connection with the Application.
17.1 You agree that the Application and the processed data are confidential information and you shall not sell, transfer, publish, disclose, display or otherwise make available any portion of the confidential information to others and will not use the Confidential Information for any purpose other than for the purpose for which the Application has been downloaded.
17.2 You shall take all reasonable steps required in order to keep the confidential information secure and inaccessible to third parties.
18. GOVERNING LAW
18.1 This T&C and any obligations arising out of or in relation to the T&C shall be governed by and construed in accordance with the laws of United States of America.
19.1 You understand, agree and acknowledge that the Courts of United States of Americaare to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the T&C and for such purposes irrevocably submit to the jurisdiction of the aforesaid Courts.
20. ENTIRE AGREEMENT
20.1 The T&C constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with the Application, superseding any prior agreements between you and the Provider.
20.2 You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.
21. WAIVER AND SEVERABILITY OF TERMS
21.1 The failure of the Provider to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.
21.2 If any provision of the T&C 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 T&C remain in full force and effect.
22. VIOLATIONS AND INFRINGEMENTS
22.1 Any violations or infringement of the T&C should promptly be reported by the User by emailing the Provider at firstname.lastname@example.org