1. Please read carefully these Terms of Service before using the services offered by Adbacker, Inc. This agreement sets forth the legally binding Terms of Service for your use of the website at www.adbacker.com and all of its sub domains (the “Site”) and the service owned and operated by Adbacker, Inc (collectively with the site, the “Service”). By using the Site or Service in any manner, including but not limited to visiting or browsing the site, you agree to be bound by this agreement. This agreement applies to all users of the site or service, including the contributors of content, information, and other materials or services on the site. If you do not agree, you are not authorized to use, and should not use, the Site.
The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Adbacker, Inc may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
We may make changes to these Terms of Service from time to time. If we do this, we will post the changed Terms of Service on the Site and will indicate at the bottom of this page the date the Terms of Service were last revised. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.
2. Limitations. The Site and all its contents are intended solely for your use alone. You may not reproduce, publish, transmit, distribute, display, modify, create, work from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content design, source code, software, photos, images and other information from this Site. The content on the Site may be used only as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on the Site is strictly prohibited. We reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to the Site does not authorize anyone to use any of AdBacker’s name, logo, mark or any other intellectual property in any manner, except if prior written approval is obtained.
3. Description of Services
These Terms of Service apply to the following Services. AdBacker may discontinue Services (subject to the terms regarding “Termination of Services” described below) or include additional Services from time to time in its sole discretion.
- Launching a campaign allows Campaign Backers (as defined below) to upload a message with up to two designs for conversion to various campaign formats. The Content and/or User Submissions (as defined below) are then distributed or made available for display as the User instructs.
- The AdBacker service is available only to Users. The service involves participation from both the User who participates in creating a campaign, and “Backers” identified by Users (using e-mail addresses) who may contribute funds towards a campaign subject to the limitations specified by us and User.
4. Eligibility. Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. The Services are being obtained for a business purpose, every person or entity that uses the Services represents and warrants to us that you are the authorized representative of the business with full authority to enter into a binding agreement on behalf of the business.
5. Modifications. We reserve the right, at our sole discretion, to modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
6. Conditions of Use. As a condition of use, you promise not to use the Site for any purpose that is prohibited by these Terms of Service. The Site (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Service, the term “Content” includes, without limitation, any User Submissions, videos, written comments, information, data, text, photographs, software, scripts, graphics and interactive features generated, provided, or otherwise made accessible by us or our partners on or through the Site.
You shall neither (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Site, including without limitation any User Submissions, that:
- is known to be false, misleading, untruthful or inaccurate;
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- violate any law, statute, ordinance, regulation or otherwise inappropriate as determined by AdBacker in its sole discretion
- invasive of another’s privacy
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of AdBacker or any third party; or
- impersonates any person or entity, including any employee or representative of AdBacker.
In addition, you shall not: (a) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (b) bypass any measures AdBacker may use to prevent or restrict access to the Site; (c) launch any form of auto-responder or “spam” on the Service; or (d) use manual or automated software, devices, or other processes to “crawl”, “robots” or “spider” any page of the Site.
AdBacker does not guarantee that any Content or User Submissions will be made available through the Site. We have no obligation to monitor the Site, Content or User Submissions. However, we reserve the right to (a) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from AdBacker at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated the Terms of Service), or for no reason at all and (b) to remove or block any User Submissions from the Service.
7. DMCA Notification Guidelines
Notification of Infringement
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site (www.AdBacker.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing AdBacker’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the AdBacker web site is covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AdBacker to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit AdBacker to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.
Please note that AdBacker will send a copy of such notices to both the individual that uploaded the allegedly infringing content and the creator of the social network where the content appears. Additionally, please note that AdBacker may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects for publication.
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which AdBacker may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
AdBacker only accepts counter-notices that meet the requirements set forth above and are received from the email address associated with the AdBacker account you used to upload the content within 7 business days of our forwarding you the DMCA notice. You may submit your Counter Notification by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.
Designated Copyright Agent
AdBacker’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
PO BOX 2024
FORT LEE, NJ 07024
For clarity, only DMCA notices should go to the AdBacker Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to AdBacker customer service through contact us form. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
8. Content & Licenses. You agree that the Service contains Content specifically provided by us or our partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
AdBacker grants each User of the Site and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from AdBacker, or from the copyright holder identified in such Content or User Submission’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content and/or User Submission for commercial use or in any way that violates any third party right.
You own all of your Content that you upload to the Site. AdBacker does not claim any ownership rights in your Content. After posting your Content, you continue to retain any ownership rights you have to your Content, and you continue to have the right to use and license your Content in any way you choose. The Content that you upload to the Site needs to comply with the terms of this Agreement.
You hereby grant us, during the course of your usage of the Site, a nonexclusive, worldwide, royalty-free, and transferable right and license to (i) use, access, store, cache, publicly perform and publicly display your Content (a) for the sole purpose of operating and making your Content available on the Site and in all current and future media in which the Site may now or hereafter be distributed or transmitted or (b) for our internal business purposes so that we may derive metrics and analytics relating to your Content; and (ii) disclose any such metrics and analytics regarding your Content for marketing and business development purposes. If you wish to grant Users or the general public additional licenses to your Content, please include the license terms with your Content. This license will terminate at the time you remove your Content from the Site. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies (but these copies will not be available to others).
You hereby agree that if your Content is removed from our Site due to a violation of these Terms of Service, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, we shall have the right to use and reproduce your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Adbacker,Inc, any User or individual, or the general public.
You are solely responsible for your Content. You are responsible for making sure that you have all rights in your Content, including the rights necessary for you to grant the foregoing licenses to your Content. You understand that whether or not your Content is published or marked private by you, we do not guarantee any confidentiality or privacy with respect to any of your Content.
Additionally, you understand and agree that your Content that is displayed on the Site may continue to appear on the Site, even after you have terminated your account, as portions of your Content may have been incorporated into Member profiles, RSS feeds or other features.
In addition to the rights, licenses and privileges referred to above, you agree that we may use and refer to your Content (including screen shots), trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Site, and any products, goods, features, capabilities and/or services associated with the Site.
As a User you acknowledge that we and our designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on the Site in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.
If an account is removed from the Site, the Content associated with that User may also be deleted at our discretion. We encourage you to be sure you are comfortable with this possibility before contributing your Content. You should be aware that we are not required and may not keep back-up copies of Content on the Site once the Content is deleted. Additionally, we make no guarantee, either during or after the term of this Agreement that your Content will be safely stored on the Site and you should independently back-up and archive your Content.
To enable AdBacker to Host your content pursuant to the above provisions, you hereby grant to AdBacker the worldwide, non-exclusive, royalty-free, sub-licensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service.
The Site may provide users with the ability to add, create, upload, submit, distribute or post content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information. By Submitting User Submissions on the Site or otherwise through the Service, you acknowledge that: (a) you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission; (b) hereby do and shall grant AdBacker a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and our (and our successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party; (c) shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to AdBacker does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing; (d) you represent and warrant, and can demonstrate to our full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Service and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Service; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to us and all users of the Service; (a) you agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service; (b) use or other exploitation of such User Submissions by AdBacker and use or other exploitation by users of the Website and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and (c) you understand that AdBacker shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content; and that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
AdBacker does not endorse and has no control over any Campaign message. We cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting there from.
9. Third-Parties. The Site may contain hyperlinks, which will take you out of AdBacker’s Site and connect you to third party sites. AdBacker is providing these hyperlinks to you only as a convenience. The inclusion of any hyperlink does not imply endorsement by us of the sites. These sites are not under our control and by accessing them; you do so at your own risk.
10. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF AND RELIANCE THEREON ARE AT YOUR OWN AND SOLE RISK. WE MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED ON THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION:
- THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADBACKER, ITS OFFICERS, DIRECTORS, AGENTS OR MANDATARIES, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, FAULT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ADBACKER.
12. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF ITS AND THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH YOUR USER CONTENT, ANY THIRD PARTY CONTENT YOU POST OR SHARE ON OR THROUGH THE SITE, YOUR USE OF THE SERVICE OR THE SITE, YOUR CONDUCT IN CONNECTION WITH THE SERVICE OR THE SITE OR WITH OTHER USERS OF THE SERVICE OR THE SITE, OR ANY VIOLATION OF THESE Terms of Service OR OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY.
13. Passive Conduit. You agree and acknowledge that we are acting only as a passive conduit for the distribution and publishing of a Campaign, and shall not be held responsible for any liability, loss, cost, claim or expense arising out of or relating to the Campaign. We have no obligation to you and undertake no responsibility to review any or all of a Campaign.
14. Duty to Monitor. We have no duty to monitor the Site; however, you understand and agree that we have the right to monitor the Site electronically when we see fit and to reveal any information you provide as required or appropriate to comply with any law, regulation or other governmental request, to operate the Site, or to shield ourselves or other users of the Site.
15. Severability. If any provision in this Terms of Service shall be considered, void, or for any reason unenforceable, then that provision and conditions shall not affect the validity and enforceability of any remaining provisions.
16. Termination. We, in our sole discretion, unless otherwise prohibited by law, may terminate or modify this Terms of Service, access to the Site or the Services, or any current transaction at any time without notice for any reason.
18. Ad Statistics. The actual ad/banner performance and statistics may differ from currently presented on the AdBacker website and it’s sub domains. AdBacker has no responsibility for any misrepresentations or miscalculations of ad/banner performance and statistics by third-party publishers and advertising networks responsible for ad/banner placements on behalf of Adbacker.
19. Additional Terms. Portions of the Site may impose, or require your agreement to, additional Terms of Service. In the event of a conflict between this Terms of Service and those additional Terms of Service, the additional Terms of Service will take precedence over the conflicting sections of this Terms of Service.
20. Governing Law. By visiting or using the Site and/or the Services, you agree that the laws of the State of New Jersey, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Service.
21. Language. The parties hereby confirm their express wish that the present Terms of Service and all documents and agreements directly and indirectly related thereto, including notices, be drawn up in English.
The failure of AdBacker to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, the remainder of these Terms of Service shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
23. Contacting AdBacker
You may contact AdBacker in the following ways:
By using contact us form on our main website: http://www.adbacker.com/contact.php
By E-Mail at: info@AdBacker.com