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Terms of Service

Introduction

 

This website at URL www.adsable.com (Website) is owned and operated by Infinite Alchemy Pty. Ltd. (ABN 90 601 570 138).

 

‘Adsable’, ‘Adsable.com’, ‘we’, ‘us’ and ‘our’ all mean Infinite Alchemy Pty. Ltd.

 

These Terms & Conditions are important and govern your use of this Website. Please ensure you read them fully and understand their meaning.

 

In using this Website you agree to be bound by these Terms & Conditions.

 

Adsable reserves the right to change these Terms & Conditions  at any time and without notice.

 

If you do not agree with the Terms & Conditions please do not use the Website.

 

Privacy

 

The privacy of our customers is very important to us. You acknowledge that by using the Website you consent to the collection, use, transfer and disclosure of your personally identifiable as set forth in our Privacy Policy, which is incorporated into and forms part of these Terms & Conditions.

 

Adsable cares about the integrity and protection of your personal information. Nevertheless, we cannot guarantee that unauthorized third parties will never be capable of defeating our security measures nor use your personal information for improper purposes. You consent that you provide your personal information at your own risk.

 

Intellectual Property Rights

 

Adsable is the owner of all right, title and interest (including present and future copyright) in the Website.

 

All material including domain names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Website (Material) are owned exclusively by Adsable or others who have licensed their material to Adsable unless expressly indicated otherwise.

 

Description of Services

 

Adsable.com provides a trading platform for Advertisers and Publishers.   

 

Your use of the Website

 

This Website may be used only by a registered user of Adsable.com, and only in conformity with all applicable local, national, and international laws, rules and regulations and these Terms and Conditions.

 

Any kind of utilization of the Website by any individual under 18 is strictly prohibited and in violation of these Terms & Conditions.

 

Subject to your compliance with Terms and Conditions, you are hereby granted a non-exclusive, non-transferable, limited, freely revocable permission to use the Website as permitted by the features of the Website.

 

We may, without previous notice, change, create usage limits or stop providing the service or features of the Website to users. We may temporarily or permanently suspend your access without notice and liability for any reason or no reason, including if in our sole determination you violate any provision of these Terms & Conditions. You continue to be bound by these Terms & Conditions upon termination.

 

You understand and consent that any information, record and site content located on Adsable’s infrastructure may, without prior notice and with no liability of any kind, be modified, moved, transmitted or removed at any time unconditionally and at Adsable’s sole discretion. Adsable does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data located on Adsable’s infrastructure.

 

You are solely accountable for all the interactions with other users of the Website. We have no obligation but reserve the right to monitor disputes between you and other users. For your interactions with other users Adsable shall have no liability.

 

You are responsible for keeping your account password secure. We encourage you to utilize “strong” passwords. You must notify Adsable promptly of any breach of security or unauthorized use of your account. You may not use another User’s account without that User’s express written permission. Adsable will not be liable for any losses caused by any unauthorized use of your account.

 

By providing Adsable your email address you consent to our using this email address to send you service-related notices, including any notices required by law.

 

You accept that any statistical records provided through the website are indicative-only and may be subject to revision at any time and for any reason.

 

You must notify us via email to support@adsable.com if you wish to permanently close your account.

 

Your Responsibilities

 

You agree not to engage in any of the following prohibited activities:

 

  • Trying to hack the system integrity and security of the website;

  • Sending spam and unrequested email;

  • Posting invalid data, viruses, worms, or other software agents through the service;

  • Taking any action that imposes, or may impose in our sole assessment an unreasonable or disproportionately significant load on our infrastructure;

  • Interfering with the proper working of the Website;

  • Using any technology or means other than those provided or authorized by the Website to access any content within it;

  • Impersonating another person or misrepresenting your affiliation with a person or entity;

  • Conducting fraud;

  • Accumulating or harvesting any personally identifiable information, including account names, from the Website; and

  • Use the Website to contact Advertisers or Publishers to conduct business that is in competition with the service provided by this Website.

 

The Website permits users to post content such as profile information, instructional and informational materials, photographs, and images. You agree not to post user content that:

 

  • May produce harm, physical or mental injury or illness, emotional distress, death, loss, disability, disfigurement, to you, to any other person, or to any animal;

  • Attempts to harm or manipulate children by exposing them to inappropriate material, requesting for private identifiable details or otherwise;

  • May constitute a civil wrong or contribute to a crime;

  • Includes any info or content that we consider to be illegal, unsafe, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, obscene, or otherwise objectionable;

  • May reveal insider information under securities law or of another party’s trade secrets;

  • Consists of any information or content that you do not have a right to make available under any law; and

  • Data that you know is not accurate and correct.

 

You agree, represent and guarantee the following:

 

  • Your content and Adsable’s use thereof as governed by these Terms & Conditions will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

  • You shall be solely responsible for your posts and the consequences of posting or publishing it. You agree that Adsable.com takes no responsibility and assumes no liability for any user content that you or any other user or third party posts or sends over the Website.

  • You are solely responsible for operating any of your social media or other accounts outside of the Website in compliance with any terms of service or conditions as prescribed by the relevant provider of that service.  You agree that Adsable takes no responsibility and assumes no liability arising as a consequence of your non-compliance with the terms of service or conditions of any third party.

  • You agree Adsable shall not be liable for any damages you allege or incur as a result of exposure to content that is incorrect, objectionable, improper for children, or unsuited to your purpose.

  • You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except:

    • as expressly authorised either in the Website or these Terms & Conditions; or

    • as authorised in writing by Adsable.

  • You must not use any automated software or technology to use, access or scrape the Website or Materials in any way.

 

Account Funding, Order Payment and Withdrawals ("Cashouts")

 

You have the following options to fund your account:

 

  • depositing funds through PayPal; or

  • earning funds by selling ads to Advertisers.

 

You can also pay for an ad order at the time of "check out" using PayPal.

 

Available funds are displayed in your Account Balance and are available for you to purchase ads.

 

Adsable does not charge a fee for receiving payment via PayPal.

 

Funds may be withdrawn through the "Cash Out" functionality within the site according to the following conditions:

 

  • only Publishers can withdraw funds;

  • only funds earned through completed ad orders can be cashed out;

  • the minimum cashout threshold for PayPal is USD$50 and a maximum of two PayPal withdrawals are permitted in a single calendar month;

  • the minimum cashout threshold for Bank/Wire Transfer is USD$100 and a maximum of one Bank/Wire Transfer is permitted in a single calendar month. Bank/Wire Transfers attract a processing fee of USD$15 which is added to the cashout amount request automatically;

  • Advertisers wishing to obtain a refund of any unspent deposit amount in their Adsable account must contact support@adsable.com to request a refund be processed to their PayPal account. There is no exception to this.

 

Adsable deducts a fee of 20% from all payments made to Publishers for the purchase of an ad order.

 

Refunds and Disputed Orders

 

Advertisers are responsible for assuring themselves that an ad channel is suitable for their needs before placing an ad order.

 

There are a number of limited circumstances in which a refund may be made for an order placed through Adsable.com:

 

  • where a Publisher fails to approve an ad order within 5 days of the order being placed the order is automatically cancelled and funds returned to the Advertiser's Adsable account;

  • where a Publisher rejects an ad order the funds will be automatically refunded to the Advertiser's Adsable account;

  • where a Publisher approves an ad order but fails to place the ad. In this circumstance please provide details to support@adsable.com for the customer support team to investigate; or

  • where a Publisher approves and publishes an ad but uses incorrect information (for instance link or image). In this circumstance please provide details to support@adsable.com for the customer support team to investigate.

 

Refunds are not available in circumstances where:

 

  • the ad is published at a time other than the suggested time; or

  • where the amount of traffic resulting from the ad is less than expected.

 

 

Third-Party Links

 

The Website includes links to third-party websites, advertisers, publishers, services, social media networks or software that are not owned or operated by Adsable. We do not support or assume any responsibility for any such third-party sites, materials, products, or services. If you access a third party website from the Website, you do so at your own risk and subject to any prevailing terms of service or conditions as published on that third-party site. You expressly relieve Adsable from any and all liability arising from your usage of the mentioned content.

 

Adsable expressly does not have a relationship and is in no way affiliated with Facebook, Pinterest, Google, Twitter or Tumblr. Any trademarks remain the rights of their respective owners.

 

Indemnity

 

You consent to indemnify, protect,  and hold Adsable and its subsidiaries, agents, licensors, contractors, managers, affiliated companies, and their employees, officers and directors harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

 

  • your use of the Website, including any information transmitted or received by you;

  • your violation or breach of any term of these Terms & Conditions;

  • your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; or

  • your violation of any applicable law, rule or regulation.

 

No Warranty

 

This Website’s content and services are provided on an “as is” and “as available” basis. Use of the website is at your own risk to the maximum extent permitted by applicable law. The Website is offered without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, on non-infringement. No advice or information, whether oral or written, obtained by you from Adsable or through the website will create any warranty not expressly stated herein. Without limiting the foregoing, Adsable, its subsidiaries and licensors do not warrant that:

 

  • the content is accurate, reliable, correct or will meet your requirements;

  • the Website will be available at any time or location uninterrupted and secure;

  • the service is free of viruses;

  • any  defect or errors will be corrected;

  • any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website;

 

Adsable does not support, guarantee, warrant or assume responsibility for any product or service advertised or offered by a third part through the Adsable service or any hyperlinked website or service, and Adsable will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

 

Limitation of Liability

 

To the maximum extent permitted by applicable law, in no event shall Adsable, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will Adsable be responsible for any damage, loss or inury resulting from hacking, tampering, or other unauthorized access or use of the service or your account or the information contained therein.

 

To the maximum extent permitted by applicable law, Adsable assumes no liability or accountability for any:

 

  • errors or mistakes of content;

  • personal injury or property damage of any nature;

  • unauthorized access to or use of our infrastructure;

  • interruption of transmission to or from the website;

  • bugs, viruses or trojan horses that may be transmitted through the Website by any third party;

  • errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website; or

  • user content or the defamatory, offensive or illegal conduct of any third party.

 

In no event shall Adsable, its affiliates, agents, directors, employees suppliers or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs.

 

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Adsable has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law I in the applicable jurisdiction.

 

Adsable acknowledges that the laws in certain jurisdictions may imply warranties and conditions or impose obligations on the supply of goods and services through the Website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction Adsable limits its liability.

 

Applicable law

 

These Terms & Conditions will be governed by and construed in accordance with the laws of the Australian Capital Territory, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia.

 

If any provision in these Terms & Conditions is found to be invalid or unenforceable by a court of the Australian Capital Territory, such invalidity or unenforceability will not affect the reminder of these Terms & Conditions which will continue in full force and effect.

 

Please contact us support@adsable.com with any questions regarding these Terms & Conditions.

 

Last Updated: 15 September 2014

 

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