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The Service is provided by adMixt, Inc. (“adMixt”) and this Terms of Service (“Terms”) is effective September 1, 2019. By using the Service, you agree to be bound by the Terms, either for yourself or as an entity that is identified as the account holder, and you hereby represent and warrant that you have the full legal authority to enter into this binding agreement. We may modify these terms or any additional terms that apply to the Service, for example, that reflect changes to the law or changes to the Service. You should look at the terms regularly. adMixt will post notice of modifications to these terms on this page. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Your continued use of the Service after any such changes shall constitute your consent to such changes.
Using the Service
The Service imports data and content from your e-commerce website ("Your Content") and allows it to be embedded into and/or integrated with the content of third party publishers ("Publisher” or “Publishers”) and their respective published content (“Publisher Content"). As such, Your Content must comply with each Publisher’s own terms of service, an obligation for which you are solely responsible. As such, The Publisher or its designee has the ultimate authority to decide whether or not to accept Your Content for integration with the Publisher Content, and the manner of that integration into it. The Publisher Content is the sole responsibility of the entity that makes it available. adMixt may but makes no representation that it reviews Your Content to determine whether it is illegal or violates adMixt or a Publisher’s policies, and it may remove or refuse to display Your Content without notice if in its sole discretion it reasonably believes it violates our policies or the law. However, this does not necessarily mean that adMixt reviews Your Content, so please do not assume that it is reviewed by adMixt. Similarly, adMixt has no obligation to review Publisher's Content to which Your Content may be offered to be integrated. As such, please take notice that you have no expectation that adMixt has reviewed either Your Content or the Publisher Content. Should a publisher require that adMixt change one or more of your advertisements adMixt will have no choice but to comply or curtail the advertisements.
When you upload or otherwise submit Your Content to the Service, you give adMixt (and those it works with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your Content works better with our Service), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Service, and to develop new ones. You also agree that adMixt may use your trademark or logo on its website or other locations, if necessary, for the limited purpose of providing notice to Publishers of the availability of advertisements from you to be inserted in their publications.
adMixt may also act as your agent in bidding or purchasing internet distributed advertising inventory through advertising exchanges, directly from Publishers or from other sellers of online advertising (“Ad Exchanges”). As your agent for this purpose you hereby acknowledge and agree that adMixt has the authority to bind you on your behalf to any and all terms and conditions or other agreements imposed by these Ad Exchanges. Furthermore, you authorize adMixt to collect data provided by or from or related to Ad Exchanges via cookies or other mechanisms for purposes of subsequent re-targeting, interest category categorization, or syndication to third parties.
Fees/Refunds and Payment Terms
You agree to be billed the service fee for the specific services you have contracted adMixt to perform, on a rolling monthly basis, renewable automatically (the “Fee”). You may cancel at any time through the Service, however, upon cancellation please take notice that adMixt will cease operations of any advertisements it has created, and will remove all configurations the Service has established, for you. adMixt will charge this monthly Fee according to the manner of selected billing you provide for payment at the time of inception the Service.
Should the authorized account not accept a monthly Fee charge, adMixt shall have the right to suspend or pause the Service without notice.
In addition to the Fee, you will pay for your own advertising costs through your own accounts with each respective Publisher or seller of online advertising. You agree to approve the advertisements the Service places and will provide a monthly estimated budget for the ad campaign. adMixt will attempt to meet that monthly estimated budget, however, adMixt cannot assure you, and makes no guarantee, that it will not go over that budget (over delivery) in any particular month. adMixt will endeavor to send regular updates on how your advertisements are performing in relation to stated expectations.
Copyright and Content Ownership.
You retain ownership of any intellectual property rights that you hold in Your Content. You hereby warrant that you have the necessary rights to grant adMixt license for Your Content that you submit to the Service. You agree to defend, indemnify and hold harmless adMixt, its parent, subsidiaries and affiliates and respective directors, officers and employees, its suppliers, distributors, and publishers, from all damages, liabilities and expenses (including reasonable outside legal fees), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding based upon any claim that is a breach of the license granted herein.
adMixt represents that it has the title and right to use the intellectual property it uses to provide the Service. All right, title, and interest in and to the Service and all copyrights, patents, trademarks, service marks or other intellectual property or proprietary rights relating to them are and shall remain with adMixt. Consequently, using the Service does not give you any ownership rights to any intellectual property included in the Service or the content you access. You may not use content from the Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in the Service. You may not remove, obscure, or alter any legal notices displayed in or along with the Service.
adMixt is constantly changing and improving the Service. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. To the maximum extent permitted by applicable law, adMixt disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. adMixt neither warrants that the Service will be uninterrupted/error-free nor against issues and/or bugs that may affect spend or performance. In addition, adMixt cannot warrant the performance of each respective third party for issues and/or bugs that may affect that third party’s performance. Your use of the Service is at your sole risk and is provided on an “as is” and “as available” basis.
You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service may be temporarily unavailable in the event of the following:
adMixt will endeavor to notify you of any such conditions, but in most instances, adMixt will pause your advertising campaign rather than risk performance quality or performance predictability.You expressly understand and agree that adMixt shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if you have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. ADMIXT WILL NOT BE LIABLE FOR ANY DAMAGES THAT ALONE OR IN THE AGGREGATE EXCEED THE FEES PAID BY YOU FOR THE SERVICE. THIS SECTION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
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