TERMS & CONDITIONS

 

 

Welcome to MobAdvance!

Thank you for choosing our services for your online advertising needs. By choosing to use our services, you are agreeing to the following terms. Since these terms impose certain legal obligations on you, it is important that you read them carefully..

 

  1. 1.Definition of Services 

 

“Services”, as used in this agreement, includes all services that MobAdvance makes available to you, including but not limited to the MobAdvance RTB platform and the MobAdvance Ad Server.

 

  1. 2.Access 

 

Subject to the timely payment of all required fees, MobAdvance grants you a limited, revocable, non-exclusive, non-assignable right to use:

 

MobAdvance RTB platform solely to:

 

MobAdvance Ad Server solely to:

 

  1. 3. Limitation on Rights Granted 

 

MobAdvance does not grant you any express or implied right or license (such as any right or license under any patents, trademarks, copyrights, or other proprietary or intellectual property rights) other than those expressly set forth in this agreement. MobAdvance (or its affiliated companies or licensors, as the case may be) retains all rights in and to the Services, including any enhancements. You have no rights in or to the Services beyond the limited right of access and use contemplated in this agreement.

 

  1. 4.Prohibited Usage 

 

You are prohibited from using the Services in any manner not expressly permitted under this agreement. For example, you are not permitted to:

 

 

The above list is for illustrative purposes only, and is not intended to provide an exhaustive list of prohibited activities. If you have any doubt as to whether your intended use of the Services is prohibited under this agreement, you should contact MobAdvance. Only written confirmation signed by an authorized MobAdvance officer is acceptable proof that your intended activity is permitted.

 

  1. 5.User Account 

 

You warrant to MobAdvance that you have the full power, authority and legal capacity to enter into this agreement. If you are entering into this agreement on behalf of a corporation, you warrant to MobAdvance that: you have the full power, authority and legal capacity to enter into this agreement on behalf of such corporation; and, this agreement constitutes a legal, valid and binding obligation of such corporation.

 

 6. Confirmation of information

You authorize MobAdvance, or a third party representative, to:

 7. Updating information

 

You must ensure that all information that you provide to MobAdvance is true, accurate, complete and current. If any of the information is, or becomes, incorrect, you must immediately correct such information.

 

 8. Ad Eligibility Requirements

 

All ads that you upload to the MobAdvance RTB platform must comply with:

 

 9. Ad Responsibility

 

You are solely responsible for all ads that you create, upload or traffic using the Services. MobAdvance is not liable for any loss or damage that your ads may cause to you or others. You represent to MobAdvance that you have all rights and permissions necessary to traffic your ads using the Services.

 

 10. Ad Quality Review

 

MobAdvance must approve each ad that you upload before you will be permitted to begin displaying such ad. To increase the likelihood that your ad will be approved, you should ensure that your ad fits within the size parameters specified and complies with all of the applicable submission requirements.

 

 11. Infractions

 

MobAdvance may periodically review live ads to ensure on-going compliance with submission requirements, even if an ad has already been approved. MobAdvance reserves the right to remove any ad that it believes is non-compliant with its ad eligibility requirements, or for any other reason. In addition to removing an ad, MobAdvance may also suspend and/or delete your account.

 

 12. Third Party Ad Serving

 

MobAdvance only permits the use of third party ad server tags in certain cases. If you wish to use such tags, you must complete an ad server tag request form and accept the MobAdvance Policy. MobAdvance reserves the right to deny ad server tag requests for any reason, and to revoke previously-granted permission.

 

 14. Backup All Ads

 

You must backup, and maintain offline copies of, all ads that you upload to the Services (including ads uploaded to the Ad Server). MobAdvance is not liable to you or to any third party for the deletion of or damage to your ads.

 

 15. Purchases

 

By bidding on ad inventory through the MobAdvance RTB platform, you are making a programmatic offer to purchase such ad inventory. If your offer is accepted, you have purchased such inventory. Purchases are non-refundable.

Ad inventory purchases are calculated using MobAdvance statistics and data. If these differ from any other statistics or data, MobAdvance measurements will prevail.

 

 16. Payment Methods

 

MobAdvance accepts credit card, wire transfer and PayPal as payment methods. All monetary amounts related to the Services are in U.S. dollars. If you send monetary amounts other than U.S. dollars, they will be exchanged at MobAdvance then-prevailing rates.

You are responsible for confirming the accuracy of all information that you provide for each payment (such as contact information, payment amounts, credit card numbers and expiry dates, and wire information, as applicable).

MobAdvance uses third-party providers to process payments. As such, MobAdvance is unable to make any guarantees as to how long it will take to post funds to your account. If you use a credit card, the funding payment is usually processed and credited to your account immediately. If you send a wire transfer or use PayPal, the processing and posting of funds to your account may take a few days.

 

 17. Account Responsibilities

 

You are solely responsible for ensuring the accuracy of all information you provide in accessing the Services (such as entering bid prices, bid criteria, and destination URLs). You must diligently protect your account password and take all measures to prevent unauthorized access. You will be solely responsible for any unauthorized usage. MobAdvance recommends that you use a ‘strong’ password (i.e. a password with mixed upper and lower case letters, numbers and symbols, that is at least eight characters long), and change your password regularly.

If your account has been compromised or is being used in an unauthorized manner, you must immediately notify MobAdvance. You should regularly log into your account and review the details of your spending to ensure that there has not been an unauthorized transaction or other error.

 

 18. Taxes

 

You are responsible for all duties, tariffs and taxes related to your use of the Services, except for taxes on income paid or payable by Bidstalk.

 

 19. Refunds

 

You can delete your account at any time by providing MobAdvance with written notice that you wish to do so. MobAdvance will only send refunds to the source from which payment was made. For example, if you paid by credit card, MobAdvance will only process refunds to the same credit card. You may be required to provide additional information or documentation in order for MobAdvance to confirm your identity, before any refund request will be processed.

 

 20. Indemnification

 

You hereby defend, indemnify and hold MobAdvance, and its affiliated companies, and each of their respective directors, officers, employees, consultants and agents harmless from any losses, damages, or costs arising from your use of the Services, or your breach of this agreement. This includes, but is not limited to, any losses, damages, or costs resulting from claims that your ads infringe upon a party’s intellectual property or other rights.

 

 21. Intellectual Property

 

Ad creative license.

MobAdvance needs the right to use your ad to the extent necessary to provide you with the Services, now and in the future. For example, if you upload an ad to the MobAdvance Ad Server and request that it be served to a particular website, MobAdvance requires a license from you to do so.

By using the Services, you:

 

MobAdvance property

‘MobAdvance’, ‘MobAdvance. com’ and the MobAdvance logo are, and remain, trademarks of MobAdvance , its affiliated companies, and/or its licensors; you may not copy, imitate or use any of these without MobAdvance prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MobAdvance, its affiliated companies, and/or its licensors; you may not copy, imitate, or use any of these without MobAdvance prior written consent.

You acknowledge and agree that all right, title and interest in and to the aforementioned assets, including derivative creations, is the exclusive property of MobAdvance, its affiliated companies, and/or its licensors, and is protected by applicable intellectual property and other laws.

 

Identification as customer

You grant MobAdvance and its affiliated companies permission to identify you as a customer. This includes using your name, trade name and trademark (if applicable), and generally describing your business in their marketing materials and website.

 

 22. RTB Platform Disclaimer

 

No Representations Or Warranties for Rtb Platform

MobAdvance RTB platform is provided to you by MobAdvance on an ‘as is‘ and ‘as available‘ basis. MobAdvance makes no representations or warranties of any kind, express or implied, as to the operation of the MobAdvance rtb platform or any information, content or materials it contains. MobAdvance expressly disclaims any and all representations, warranties and conditions, express and implied, including any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for a particular purpose, suitability for a particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the MobAdvance rtb platform or the information, content or materials it contains. MobAdvance does not represent or warrant that the MobAdvance rtb platform is accurate, complete, reliable, current, or free of errors, viruses or interruptions. MobAdvance is not responsible for, and will not be liable to you in respect of, unauthorized access of your account by third parties through illegal or unauthorized means (including access through exploitation of security gaps, weaknesses or flaws, whether or not such are known to MobAdvance at the time). you expressly agree that your use of the MobAdvance rtb platform is entirely at your sole risk.

 

Liability for MobAdvance RTB platform

If the MobAdvance RTB platform ad server functionality fails to serve your ads as required, MobAdvance will reimburse you for the amounts that you paid to MobAdvance for the ads that were not served. In no event will MobAdvance, or any of its affiliated companies, be liable to you (or any other party) for any special, direct, indirect, incidental or consequential damages of any kind whatsoever (including loss of profits, loss of business opportunities, costs of substitutes, legal fees and court costs) exceeding the amount that you paid to MobAdvance for the ads that were not served, even if such damages are reasonably foreseeable.

 

 23. Services Disclaimer

 

Results

With respect to the Services, and to the fullest extent permitted by law, MobAdvance disclaims all guarantees regarding positioning, levels, quality or timing of:

Furthermore, MobAdvance makes no representations regarding revenue, the performance of your advertising campaigns, or any other anticipated benefits related to your access of the Services, or that the Services are suitable for your intended purposes.

 

Availability

MobAdvance will take commercially reasonable efforts to provide the Services on an on-going basis, however, for a number of reasons, the Services may be inaccessible, unavailable or inoperable from time to time.

This may be the result of:

These circumstances, or others, may affect the availability of the Services and availability is not guaranteed.

 

Internet inherently insecure

The internet is an inherently insecure medium and the transmission of data over the internet (such as sending an email or logging onto a website) is subject to possible loss, interception or alteration while in transit. Accordingly, MobAdvance does not assume any liability for any damage you may experience or costs you may incur as a result of any loss, interception or alteration of transmissions over the internet. While MobAdvance takes commercially reasonable efforts to safeguard the privacy of your information, and will treat such information in accordance with its Privacy Policy, in no event will the information you provide be deemed to be confidential, create any fiduciary obligations to you on MobAdvance part, or result in MobAdvance , or any of its affiliated companies, being liable to you if such information is inadvertently released to, or accessed by, any third parties.

 

Limitation of liability

Under no circumstances (including negligence, gross negligence, negligent misrepresentation or fundamental breach) will MobAdvance, or its affiliates or related companies, or any of their respective directors, officers, employees, consultants or agents, be liable to you or any third party, for any direct, indirect, incidental, special or consequential damages, injury, claim, cost, expense, liability, proceeding or loss (including legal fees) (collectively, a “Loss“) that result from your access of, or your inability to access the Services, or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable, or allegedly liable, was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither MobAdvance, nor its affiliates companies, nor any of their respective directors, officers, employees, consultants or agents, will be liable for any defamatory, offensive or illegal conduct of any user, including you.

 

Conversion pixels

MobAdvance provides you with ‘conversion pixels’ to track certain statistics related to your ads (including the number of conversions, eCPA, revenue and conversion rates). You are responsible for correctly installing and using these ‘conversion pixels’ in the manner specified. MobAdvance makes no representations or warranties with respect to the accuracy of the information collected by such ‘conversion pixels’ or the data derived from such information.

 

 24. General

 

Deletion or suspension of your account

MobAdvance reserves the right to suspend or delete any account, for any reason.

If MobAdvance suspends or deletes your account:

 

Deletion of your account for breach

If you breach any of the terms of this agreement, MobAdvance may suspend or delete your account. If MobAdvance deletes your account for breach of the terms of this agreement, MobAdvance will refund the unused balance remaining in your account, if any, minus a penalty charge equal to 50% of such remaining balance, within 30 days of receiving written instructions from you as where to refund the balance. You may be required to provide additional information or documentation in order for MobAdvance to confirm your identity, before any refund request will be processed.

 

Related Accounts

If MobAdvance deletes your account, for any reason, your right to access the Services immediately terminates. You will not be permitted to open a new account. If MobAdvance suspect that you are operating, or associated with, another account (based on its analysis of subscriber data, account content and other information), MobAdvance may suspend or delete such ‘related’ account, as well.

 

Effect of deletion or closing

If your account is suspended or deleted, for any reason, your right to access the Services immediately terminates. In such case, you must immediately destroy all copies of downloaded materials in your possession or control, and immediately cease accessing the Services.

 

Confidentiality

You must keep all information and data made available to you through the Services (including publisher information, publisher website statistics and inventory prices) strictly confidential, and not use such information and data for any purpose other than your own internal use.

 

Privacy Policy

Please refer to MobAdvance privacy policy for information on how MobAdvance collects, uses and discloses your personally identifiable information. By using the Services, you agree to MobAdvance use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

 

Suggestions

MobAdvance does not pay for any suggestions regarding the Services, or any improvement to processes, procedures, marketing or any other matter (collectively “Suggestions“). Any Suggestions that you submit to MobAdvance become the property of MobAdvance. MobAdvance will not: compensate you for any such Suggestions; have any obligation of confidentiality with respect to any such Suggestion; or, be liable to you for any use or disclosure of any such Suggestion. You grant MobAdvance a royalty-free, irrevocable, unrestricted, non-exclusive, sub-licensable, assignable, worldwide license to use, modify, copy, sublicense, transmit, publish, create derivative works from, publicly perform and display any Suggestions for any purpose, commercial or otherwise, without compensation or liability to you or to any third party.

 

No joint venture

No joint venture, partnership, employment or agency relationship exists or is created between you and MobAdvance, or any of its affiliated companies, as a result of this agreement or your use of the Services.

 

Headings

The division of this agreement into sections and subsections, and the insertion of headings, is for convenience of reference only. It is not intended to affect the construction or interpretation of this agreement.

 

Assignment

You may not transfer or assign any rights or obligations you have under this agreement without MobAdvance prior written consent. MobAdvance may transfer or assign this agreement, or any right or obligation under this agreement, at any time, and is not required to provide you with notice of such assignment. Upon such assignment, the assignee becomes responsible for, and you release MobAdvance from, all of MobAdvance assigned obligations.

 

Enurement

This agreement enures to the benefit of and binds you and MobAdvance, and your/ MobAdvance, MobAdvance respective heirs, executors, administrators, successors and permitted assigns, as applicable.

 

Severance

The invalidity or unenforceability of any provision of this agreement does not affect the validity or enforceability of any other provisions of this agreement, and any such invalid or unenforceable provision is deemed to be severable.

 

Force majeure

In addition to applicable disclaimers stated above, MobAdvance performance under this agreement is excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labour disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

 

Governmental or other subpoenas

MobAdvance may be subpoenaed by governmental entities or others to provide information relative to your account. MobAdvance has no obligation to inform you of any subpoena or response to any subpoena, and you agree that MobAdvance will have no liability to you for disclosing information in response to a subpoena.

 

Notices

MobAdvance will provide you with any required notice by: posting it in the Services; emailing it to the email address listed in your account; or, mailing it to the street address listed in your account. Such notice is deemed to have been received by you immediately upon it being posting to the website or sent to you by email (unless we receive notice that the email was not delivered). If notice is sent by mail, it is deemed received by you three business days after it is sent.

 

Changes to Agreement

MobAdvance has the rights to modify, add or remove any terms or conditions of this Agreement (“Changes“). You will be notified of any Changes through a posting on the Website, a notification in the Services or via email. All Changes are effective immediately upon posting (“New Effective Date“). Any subsequent use by you of the Services following the New Effective Date constitutes your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Services immediately and notify MobAdvance via email at: contact@mobadvance.com.

 

Entire Agreement

The agreement, as amended from time to time, constitutes the entire agreement between you and MobAdvance for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter. You cannot change the terms of this agreement, nor can any MobAdvance sales representative.

 

Waiver Of Right To Jury Trial

The parties acknowledge and agree that any controversy which may arise under this agreement, any other agreement related hereto or with respect to the transactions contemplated hereby or thereby would be based upon difficult and complex issues, and therefore, the parties agree that any court proceeding arising out of any such controversy will be tried in a court of competent jurisdiction in the territory of MobAdvance in Israel by a judge sitting without a jury.