THESE TERMS OF SERVICE GOVERN USING OF
This document “Terms of Service” (hereinafter referred to as “Terms”) confirm and clarify respective rights and obligations between Atnir Capital Ltd. (hereinafter «TraffiLeads») and the Account Holder (“Advertiser” and/or “Publisher”). Please read this Terms carefully before using the Service. By accessing or using the Service, you agree that you have read, understood, and agree to be bound by this Terms, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. This Terms applies to all Customers, visitors, users.
HOW WE UPDATE THESE TERMS OF USE
This Terms is maintained on our website. We reserve the right, in our sole discretion, to modify or replace this Terms from time to time, and so you should review this page periodically. When we change the Terms in a material way, we will update the 'last updated' date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
DEFINITIONS:
«Account» - means an account created for User by completing the registration process on the Site for User's authorized access to and use of the Services on the Site.
«User» - a person who possesses the necessary legal capacity, accepts these Terms of Use, who has registered in the manner prescribed by the terms of these Terms of Use.
«Service» - site services https://www.traffileads.com.
«TraffiLeads Platform» - means a platform that offers Publishers (by paying Advertisers) cash to fulfill Advertisers' marketing goals.
«Publisher» - means every legal entity or individual that displays Advertisers' Advertisements on its Website using the TraffiLeads Services and who is responsible for attracting quality traffic under the terms of the affiliate program.
«Advertiser» - means every person or natural person who technically posts ads on the Publisher's websites using TraffiLeads Services and who pays for the pre-agreed marketing purposes according to the agreed schedule and in full.
«Advertising (Ad)» means push notifications, Native Ads, POPs, SDK, APK that are aimed to promote the Advertisers services and/or goods.
«Affiliate program (s)» - a party that provides a mediation service between advertisers and publishers and is liable only for obligations fulfilled by advertisers
«Confidential Information» of the party disclosing such information shall refer to: (a) such party's trade secrets, business plans, strategies, methods and/or practices; (b) such party's software, tools, trade secrets, know-how, designs, technical information, proprietary methodologies, computer systems architecture and network configurations; (c) any other information relating to such party that is not generally known to the public, including information about its personnel, products, customers, financial information, marketing and pricing strategies, services or future business plans; and (d) any other information which, from all the relevant circumstances, should reasonably be assumed to be confidential and proprietary.
«Cloaking» is a search engine optimization (SEO) technique in which the content presented to the search engine spider is different from that presented to the user's browser.
GENERAL PROVISIONS
By virtue of this Agreement, Advertiser pay for traffic so they can advertise its Products, including but not limited to, Apps, Goods, Offers, Services, Websites, Programs that make it possible to play gambling (internet casino) via the Internet or casinos in the form of gambling establishments etc, using Advertising Content that is displayed on, embedded into or otherwise delivered by the Publishers' Website(s) and/or App(s) using TraffiLeads Platform.
TraffiLeads is a service only provider and has no effective knowledge about the Advertising Contents created by the Advertiser and published through the Publisher's Website(s) and/or App(s).
TraffiLeads thereby disclaims any responsibility for the legitimacy of the activities that may or is being carried out by the Advertiser, incl. for the legalization of online casinos or casinos as a gambling establishment.
Such responsibility lies solely with the Advertiser. The Advertiser is solely responsible and will protect TraffiLeads from any damage, violation, loss or liability, monetary or otherwise, if it contains anything illegal, violates laws, copyrights, trademarks or intellectual property, etc.
TraffiLeads is a service only provider and has no effective knowledge about the Advertising Contents created by the Advertiser and published through the Publisher's Website(s) and/or App(s).
TraffiLeads thereby disclaims any responsibility for the legitimacy of the activities that may or is being carried out by the Advertiser, incl. for the legalization of online casinos or casinos as a gambling establishment.
Such responsibility lies solely with the Advertiser. The Advertiser is solely responsible and will protect TraffiLeads from any damage, violation, loss or liability, monetary or otherwise, if it contains anything illegal, violates laws, copyrights, trademarks or intellectual property, etc.
USING OUR SERVICES
By using the Services, User agree to the terms of the TraffiLeads. User must create an account with us (an 'Account') to use the Service to its fullest extent. User represent and warrant that all information that you provide to us in creating your Account is complete and accurate. User shall update such information when it changes or when we request. By creating an Account on behalf of a company or other entity, User represent and warrant that you have the authority and capacity to enter into these Terms and bind the entity on its behalf. The User warrants that all information it provides to TraffiLeads during registration is accurate, complete and up-to-date at any time. In order to access the TraffiLeads Platform and as part of the Services, reports or other customized services that are related to the User Site(s), User must create an Account on the Site. User agrees to provide only true, current, accurate, and complete registration information, and keep that information true, accurate, and up-to-date. User must abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with its use of the Services, including the Rules and those related to data privacy, international communications and the transmission of technical or personal data. User may not use its Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. User may be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized Personnel only. User agrees not to share password(s), account information, or access to the Site with any person other that authorized Personnel of User. User may not authorize any third party to use its Account. User is responsible for maintaining the confidentiality of password(s) and Account information, and is responsible for all activities that occur through the use of its password(s) or Account(s) or as a result of User's access to the Site. User agrees to notify TraffiLeads immediately of any use of its password(s) or Account(s) that it did not authorize. By using the Service, the User declares and warrants that he has the right, authority and capacity to enter into this agreement and comply with all the terms and conditions of the Terms.
PAYMENTS
In order to start using TraffiLeads Services Advertiser shall make a deposit of funds to its Advertiser account in advance. The minimum payment amount for Advertisers shall be not less than 100 USD. The minimum payment amount for payouts for Publishers shall be not less than 100 USD, if the balance is less TraffiLeads will add the sum to the next payment until account balance will reach specified minimum. All statistic for the purpose of billing and delivery reporting are based on the TraffiLeads reporting system. TraffiLeads provides the ability to perform payments by using payment service providers. Advertiser shall have the right to select any payment service provider available. You agree that TraffiLeads is not responsible for any actions applied by the payment service provider including but not limited to any additional transaction fees, banking commissions or currency fees applied to your transaction. The Users is responsible for all applicable taxes associated with provided ad services, other than taxes based on TraffiLeads in come. The Users shall indemnify TraffiLeads against all losses suffered or incurred by TraffiLeads arising out of or in connection with any payment made to TraffiLeads. Payment to the Publisher is carried out by TraffiLeads in an amount equal to the fulfillment by the Advertiser of its monetary obligations. TraffiLeads hereby notifies that it has the right not to pay the Publisher in the event that the Publisher has violated local laws, conditions that were provided by the Advertiser or in other cases, at the sole reasonable discretion of TraffiLeads.
PUBLISHER REQUIREMENTS
Publisher acknowledges and agrees to provide its Websites and attract traffic by legal means, in accordance with the Advertiser's rules and all applicable laws, to use the TraffiLeads Services. The Publisher agrees that it is solely and solely responsible for the content of the advertising material that it displays on its Website.
Publisher agrees that the content of Publisher's Website shall be appropriate and legal, and shall not contain:
-infringe the intellectual property rights, rights of privacy or any other rights whatsoever of any third party;
-malware, materials containing viruses or other computer codes, files or programs designed to breach, destroy or limit the operation of any computer or telecommunication equipment or software;
-materials, that promote violence, racial, national, political, religion intolerance, or advocacy against any individual, group, or organization. The call for change the political system of a sovereign state, participation in terrorist organizations;
materials, that promote drugs, or any related paraphernalia, weapons and other prohibited and illegal goods or services, etc.
TraffiLeads reserve right to reject any Ads on their sole discretion if such Ads violate applicable laws, this Terms of Use, or violate or may violate rights of third party.
TRAFFILEADS DISCLAIMER OF ANY LIABILITY
In accordance with these Terms, TraffiLeads declares that it disclaims any liability as a result of Publisher or Advertiser failure to comply with the terms of their business when interacting with TraffiLeads or in unfair business conduct, as well as in case of failure to comply with the terms (relating to the activities of Advertisers and Publishers) set out in section 2 and 5 of this Agreement. The Advertiser and the Publisher are solely responsible to staff and any government agencies for any claims and disputes arising in connection with this Agreement and undertake to take any action that will keep TraffiLeads safe from any liability. The User acknowledges and undertakes that the Service and/or its SMS Fallback Option depend upon the operation of electronic devices and of services managed by third parties such as for example electricity providers, internet providers, mobile phone operators and service providers etc. Furthermore, the User acknowledges and undertakes that it may occasionally experience inefficiency when forwarding the push notification messages (including through the SMS Fallback Option) due to the malfunctioning of services not directly managed by TraffiLeads (such as, for example, interruptions or suspensions of electric power supply, interruptions, suspensions or malfunctioning of telephone services, or of Internet services). As far as possible, TraffiLeads will try to limit the effect of such inefficiency on the Service and, if possible, to warn the User if those problems arise, without being liable for said inefficiency. The User acknowledges and undertakes that the Service cannot be used if the User needs to be certain about the delivery of the push notification messages to the recipients or rather in cases in which a delay in the delivery of said push notification messages may cause any type of damage. The User acknowledges that TraffiLeads may occasionally perform electronic maintenance operations on its own servers and equipment. Furthermore, the User acknowledges that if TraffiLeads should be forced to interrupt the Service to carry out such operations, it will endeavor to contain the period of interruption and/or malfunctioning of the Service. The User is also aware and accepts the fact that Software and applications provided by TraffiLeads are subject to the ordinary defective state of any software. Therefore, TraffiLeads shall not be liable for any direct or indirect damage or loss of data arising from such cause. TraffiLeads will not be liable for any damages arising from the fact that the User does not have a proper Device suitable to run the Software and/or to exploit the Service. The User also acknowledges that the Service and the Software are provided “as is” and «as available». TraffiLeads hereby does not warrant, represent or guarantee, whether expressly or by implication, that the Service and the Software are free of errors or interruptions, always available, fit for any purpose or secure: therefore, any further warranties and/or liability of TraffiLeads are expressly excluded.
NO WARRANTY
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TERMINATION OF THE AGREEMENT
Both parties have the right to withdraw from the Terms at any time. Should either of the parties exercise its own right of withdrawal, it will inform the other via e-mail. TraffiLeads may terminate the Service or partial account blocking or Full account lockout with all means, suspending or completely stopping the existing site without prior notice or liability, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of this Terms. Also, any communication with the account owner may be terminated at the discretion of the administration in cases of disrespect, use of threats or profanity in dialogues with Support: in the ticket system, e-mail, Microsoft Teams or any other method of communication. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
CONFIDENTIALITY
Each party agrees that it will not disclose any Confidential Information of the other party to any third-party, and that it will not use Confidential Information for any purpose not permitted under this Terms of Use. Each party will protect the Confidential Information of the other party in the same manner that it protects its own confidential and proprietary information, but in no event shall such protection be less than a reasonable standard of care. The Parties agree that if disclosure is made to their professional advisors, auditors or bankers this shall be done subject to each Party procuring each such recipient's agreement to keep such information confidential to the same extent as if such recipient were Party to this agreement. The foregoing obligations shall not apply to the extent Confidential Information of a disclosing party: (a) must be disclosed by the receiving party to comply with any requirement of law or order of a court or administrative body including any applicable stock exchange (provided that each party agrees to the extent legally permissible to notify the other party upon the issuance of any such order, and to cooperate in its efforts to convince the court or administrative body to restrict disclosure); or (b) is known to or in the possession of the receiving party prior to the disclosure of such Confidential Information by the disclosing party, as evidenced by the receiving party's written records; or (c) is known or generally available to the public through no act or omission of the receiving party; or (d) is made available free of any legal restriction to the receiving party by a third party; or (e) is independently developed by the receiving party without use of any Confidential Information.
FORCE MAJEURE
Except for the payment of fees by User, if the performance of any part of this Terms by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
JURISDICTION AND DISPUTE RESOLUTION
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the British Virgin Islands without regard to conflict of law provisions. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally.
CONTACT INFORMATION
If you have any questions or concerns with respect to this Terms or the Website or any information contained on thereon, you may contact us by writing to us at support@traffileads.com
Atnir Capital Ltd. (Reg. No.: 2093828)
Intershore Chambers, Road Town, Tortola, British Virgin Islands