These terms set forth our legal obligations to each other. They apply to your use of our services.
When we say 'Adzsend', 'we', 'us' and 'our' in these terms, we mean Adzsend, its subsidiaries and its related companies.
When we say 'services' in these terms, we mean Adzsend's services, apps, websites and other products.
When we say 'you' or 'your', we mean you. If you're accessing our services on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these terms, and 'you' and 'your' will refer to that entity.
We also have Community Guidelines and other policies (as listed here or as otherwise made available to you) that apply to your use of our services and are incorporated into these terms. You should read these policies, they contain important information about your use of our services. Adzsend's Paid Services Terms apply to any purchase you make through Adzsend. By using Adzsend's services, you agree to these terms.
Together, these rules make Adzsend possible and they matter to us. If you believe others aren't following them, please let us know by reporting it to us.
WHAT YOU CAN EXPECT FROM US
We're actively developing new features and products to improve Adzsend. As part of these efforts, we may add or remove features, start offering new services or stop offering some services entirely (or just in some places or for some users) if they no longer make sense from a business perspective or create risk for Adzsend or our users. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages or service changes.
YOUR ADZSEND ACCOUNT
You are responsible for the security of your account and you agree to notify us immediately if you believe your account has been compromised.
You are responsible for maintaining the security of your account and any credentials associated with it, including access granted through third-party authentication providers. Adzsend does not control third-party platforms and is not responsible for unauthorised access resulting from your actions, device security, or third-party service failures.You must always provide accurate information to Adzsend and maintain the accuracy of the information associated with your account. We may assume that any communications we've received from your account or the associated contact information have been made by you and that any purchases made using your account were made by you.
If you get locked out of your account, we'll need to contact you at the email or phone number associated with your account. If your account is compromised or you no longer have access to your email account, we may not be able to restore your access to your account.
You must always provide accurate, complete, and truthful information and keep your account details up to date. The use of disposable, temporary, fake, missleading, or non functional email addresses is prohibited.
CONTENT
When we say 'your content' in these terms, we mean all the things you add (upload, post, share, etc.) to our services. This includes text, links, GIFs, emojis, photos, videos, documents or other media. If we come up with another way for you to add content to the services, it includes that too.
If you choose to add content to the services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licences in this section of these terms and that your content is lawful. We take no responsibility for any of your content and we are not responsible for others' use of your content.
Adzsend doesn't endorse or verify the accuracy or reliability of content shared by Adzsend users. We work hard to try to make Adzsend a safe, positive and inclusive place, but cannot always prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion.
SOFTWARE IN ADZSEND'S SERVICES
Some of our services allow you to download client software. So long as you comply with these terms, we grant you a worldwide, non-exclusive, personal, non-transferable, non-sublicensable and non-assignable licence to download, install and run that software, solely to access our services.
You may not copy, modify, create derivative works based upon, distribute, sell, lease or sublicense any of our software or services. You also may not reverse engineer or decompile our software or services, attempt to do so or assist anyone in doing so, unless you have our written consent or applicable law permits it.
Although we are granting you this licence, we retain any intellectual property rights we have in our software and services.
COPYRIGHT
We respect the intellectual property of others and expect our users to do the same.
ADZSEND'S PAID SERVICES
We won't charge you a fee to use the basic functionality of our services, but you may be able to pay for additional features and products. Adzsend's Paid Services Terms also apply to any purchase you make using Adzsend's supported purchase flows.
RESTRICTIONS ON YOUR USE OF ADZSEND'S SERVICES
When using our services, you must comply with these terms and all applicable laws, rules and regulations, and you must only use the services for authorised and acceptable purposes. You must also adhere to our Community Guidelines and other policies, which contain more detailed rules about your content and behaviour when using Adzsend and how we enforce them on Adzsend.
Fundamentally, do not do, try to do or encourage or help others to do any of the following:
• Don't use the services to do harm to yourself or others. Among other things, this includes trying to gain access to another user's account or any non-public portions of the services; infringing anyone else's intellectual property rights or any other proprietary rights; exploiting, harassing, bullying or spamming through our services; and using our services to plan or cause real-world harm to someone else.
• Don't use the services to do harm to Adzsend. Among other things, this includes trying to gain access to, intentionally overburdening or attacking our systems; scraping our services without our written consent, including by using any robot, spider, crawler, scraper or other automatic device, process or software; selling, licensing or otherwise commercialising content or data obtained from our services; transmitting viruses or other malicious code to our services; abusing or defrauding us or our payment systems; copying, dismantling or reverse-engineering any of our services or using our intellectual property without permission; and misusing our reporting or customer service mechanisms.
We encourage you to report content or conduct that you believe violates these restrictions.
TERM & TERMINATION
You're free to stop using Adzsend's services at any time and for any reason. To terminate this agreement, you may delete your Adzsend account through the Settings page (the gear icon next to your profile photo) and discontinue use of the services.
Subject to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion for any reason or for the following reasons:
• You breach or you encourage, or help others to breach, these terms (including our Community Guidelines, our other policies or additional terms that apply to specific services).
• We reasonably believe termination is necessary to prevent harm to you, us, other users or third parties.
• Your account has been inactive for more than one year.
• Continuing to allow your account to be active or giving you access to some or all services creates risk for Adzsend, other users or third parties.
However, we will give you advance notice if reasonable to do so or required by applicable law.
APPEALS
We value transparency and work hard to give you context for the decisions we make. You can appeal any enforcement action we take under these terms or other policies, including terminations, suspensions or content removals through this form. If you reside in the European Union, your appeal must be submitted within six months of the day the relevant decision has been notified to you.
INDEMNITY
You will indemnify and hold Adzsend and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services or third-party services, (b) your content, (c) your violation of these terms, or (d) your negligence or wilful misconduct.
SERVICE 'AS IS'
We work hard to offer great services, but we can't guarantee any minimum levels of quality of services (which may also depend on factors beyond our control, such as the quality of your internet access and equipment). TO THE FULLEST EXTENT PERMITTED BY LAW, ADZSEND, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED 'AS IS'. WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.
LIMITATION OF LIABILITY
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN JURISDICTIONS WHERE THE BELOW TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR MATERIAL BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE DO NOT CONFIRM THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER ADZSEND, ITS AFFILIATES NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADZSEND OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), ADZSEND LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS BEFORE YOU FIRST ASSERT A CLAIM OR (B) $50 USD (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).
ADZSEND ISN'T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ADZSEND AND YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
MORE IMPORTANT STUFF
You have certain rights that, by law, can't be limited by these terms and we in no way intend to restrict those rights in these terms. The term 'including' as used in these terms means 'including without limitation'.
These terms cover the entire agreement between you and Adzsend for your use of our services.
Where additional terms apply to our products or services, the additional terms will control with respect to your use of that product or service to the extent of any conflict with these terms. Additional information about our services is provided for users in Austria here.
If you fail to follow these terms and we don't immediately act, that doesn't mean we're giving up any of our legal rights (such as acting in the future). If any part of these terms ends up being invalid or unenforceable based on a decision by any court or competent authority, the rest of these terms will not be affected. You may not assign these terms to anyone else without our written consent. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with our services.
We may decide to update these terms: (1) to reflect changes to our services or our business, (2) for legal or regulatory reasons, (3) to prevent abuse on or of our services, or (4) to protect or serve users of our services better. If these changes materially affect your Adzsend use or your legal rights, we'll give you reasonable advance notice (unless the updates are urgent). If you continue to use our services after the changes have taken effect, it means that you agree to the changes. If you don't agree, you must stop using our services.
Adzsend is not affiliated with, endorsed by, or sponsored by any third-party platform, including Discord. You are responsible for ensuring that your use of the services complies with any applicable third-party terms, rules, or policies. Adzsend is not responsible for enforcement actions, suspensions, or terminations imposed by third parties.
CONTACTING EACH OTHER
If you have any questions about, or wish to contact us in connection with, these terms, please contact us at '[email protected]' unless otherwise stated in these terms. We may send you electronic communications related to our services. Where required, we'll get your consent before sending you direct marketing, and we'll make it easy for you to opt out.
For technical support or other assistance with respect to our services, you can submit a request here.
