Terms and Condition
Last updated: 2021-04-06
Welcome to ‘Adsmark’ (“Company,” “we”, “our”, “us”)!
These Terms of Service (“Terms,” “Terms of Service”) govern your use of our website located at adsmark.net (together or individually “Service”) operated by Adsmark.
If you do not agree with (or cannot comply with) Agreements, you may not use the service, but please let us know by emailing ‘[email protected]‘ to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Adsmark Service.
By using our service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any of these communications from us by following the unsubscribe link or emailing at [email protected].
Suppose you wish to purchase any product or service made available through service (“Purchase”). In that case, you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) You have the legal right to use any card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes, and Promotions
Some parts of the service are billed on a subscription basis (“Subscription(s)”). In addition, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your subscription will automatically renew under the same conditions unless you cancel it or Adsmark cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the customer support team at [email protected].
A valid payment method is required to process the payment for your subscription. Therefore, you shall provide Adsmark with accurate and complete billing information that may include but is limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize adsmark to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, adsmark reserves the right to terminate your access to the service with immediate effect.
6. Fee Changes
Adsmark, in its sole discretion and at any time, may modify any Service fee and Subscription fees. Any fee change will become effective at the end of the then-current Billing Cycle.
Adsmark will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective.
Your continued use of service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We issue refunds for Contracts within 7 days of the original Purchase of the Contract. In special cases, You may contact the customer executive at [email protected] It may take 7-10 days to process the refund.
For promotional offers, You have to demand a refund within 3 days.
In addition, One-time services Like Store Design, Set Launch, Product Research, etc., are not allowed to refund.
Adsmark has the right but not the obligation to monitor and edit all content provided by users.
In addition, content found on or through this service are the property of adsmark or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from us.
11. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of service.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and account. You agree to accept responsibility for any activities or actions that occur under your account and password, whether your password is with our service or a third-party service. You must notify us immediately upon becoming aware of any security breach or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. In addition, you may not use any name that is offensive, vulgar, or obscene as a username.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
13. Intellectual Property
Service and its original content (excluding content provided by users), features and functionality are the exclusive property of adsmark and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of adsmark.
14. Copyright Policy
We respect the intellectual property rights of others. Accordingly, our policy is to respond to any claim that content posted on service infringes on any person or entity’s copyright or other intellectual property rights (“Infringement”).
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and through service on your copyright.
15. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification according to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at [email protected]
16. Error Reporting and Feedback
You may provide us directly at [email protected] or via third-party sites and tools with information and Feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our service (“Feedback”). You acknowledge and agree that:
You shall not retain, acquire or assert any intellectual property right or another right, title, or interest in or to the Feedback.
The Company may have developed ideas similar to the Feedback.
Feedback does not contain confidential information or proprietary information from you or any third party.
The Company is not under any obligation of confidentiality with respect to the Feedback.
In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
17. Links To Other Web Sites and Thrid-Party
Our service may contain links to third-party websites or services that are not owned or controlled by adsmark.
Adsmark has no control over and assumes no responsibility for any third-party websites or services’ content, privacy policies, or practices. Accordingly, we do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that the Company 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 third-party web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services you visit.
18. Disclaimer of Warranty
The Company provides these services on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of their services or the information, content, or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither Company nor any person associated with the Company makes any warranty or representation concerning the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the preceding, neither Company nor anyone associated with the Company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
The preceding does not affect any warranties which cannot be excluded or limited under applicable law.
19. Limitation of liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage; however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if Company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the Company, it will be limited to the amount paid for the products and services. Under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to you.
We may terminate or suspend your account and bar access to service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may discontinue using the service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
21. Governing Law
These Terms shall be governed and construed in accordance with the laws of USA, which governing law applies to an agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our service and supersede and replace any prior agreements we have had regarding service.
22. Changes To Service
We reserve the right to withdraw or amend our service and any service or material we provide via service, in our sole discretion without notice. We will not be liable if for any reason all or any part of service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the service, or the entire service, to users, including registered users.
23. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. Therefore, it is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the service.
24. Waiver And Severability
No waiver by Company of any term or condition outlined in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
Suppose any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason. In that case, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
Using our services, you acknowledge that you have read these terms of service and agree to be bound by them.
26. Contact Us
Please send your feedback, comments, requests for technical support by email: [email protected].