Terms of Service
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE OR THE SERVICES.
USE ELIGIBILITY FOR INDIVIDUAL USERS copy
If you are an individual user, in order to utilize and register for the Services, you must be at least 18 years old. By using the Services, you represent and warrant that you are at least 18 years old.
USE OF THE SERVICES AND FEES
Ad Geyser is an ad mediation solution aimed at optimizing mobile advertisements for publishers and software developers on end users’ mobile applications (collectively, the “Services”).
Your account is for your personal use only. You are responsible for the confidentiality of your login information, including your username and password, via whatever method you choose to access the Services, and for all use of the Services by users using your login information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You will immediately notify Ad Geyser of any unauthorized use of your login information, or any unauthorized access to your account. You acknowledge that Ad Geyser is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. Ad Geyser may assign these Terms in whole or in part at any time without your consent.
You should abstain from violating regulations and rules applicable within the territory where advertising services are delivered to Ad Geyser, and also from offending morality, honor and dignity, rights and law-protected interests of any third parties;
You should observe the rules of Platforms providing digital distribution of User Software when using capabilities provided by Ad Geyser Services;
You should not send Internet users any obtrusive or non-requested advertisement and correspondence (including spam, chain letters) containing materials and information provided by the Ad Geyser that can be directly or indirectly associated with the Ad Geyser services.
You should not use the Ad Geyser Service in such fashion that may directly or indirectly:
- Violate regulations and rules applicable within the territory where User Software is distributed, offend morality, honor and dignity, rights and law-protected interests of any third parties;
- Violate any intellectual property rights of any third parties (such as rights for works of science, literature and art, PC software, patents, etc.) and individualization means (such as rights for trademark, company's name, etc.);
- Contain computer codes (including computer viruses) intended for disturbing, destruction or restriction of function of any computer or telecommunication equipment or software, for unauthorized or remote access, and contain serial numbers for commercial software, logins, passwords and other means to get unauthorized access to fee-charged resources in the Internet;
- Authorize or encourage any third party to generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software.
- Advocate hatred and/or discrimination of people based on race, ethnic origin, gender or social origin, contain any statements, images, texts or any other information intended for stirring up national, religious or social hatred;
- Contain any statements, images, texts or any other information intended to promote narcotics, high-potency psychotropic medication, etc., and to demonstrate the same, as well as to promote lifestyle associated with drug addiction and chemical abuse;
- Contain any images of child sexual abuse, pornographic materials, unjustified details of sadism scenes and excessive violence and cruelty (especially towards children and animals); scenes of dismemberment, tortures, extermination of persons by using extremely fanatic means; large continuous frames of tortured people and animals; scenes of corpse violence; demonstration of manufacturing and application of standard weapons and torture devices; scenes promoting chauvinism and national exceptionalism, racism, propaganda of war and conflicts, appeals to overthrow the existing political regime;
You should inform Ad Geyser within 7 (seven) calendar days after modifying any information such as name or address of location, if applicable, or any other details (including banking details) in the My Account section.
You will not provide inaccurate, misleading or false information to Ad Geyser. If information provided to Ad Geyser subsequently becomes inaccurate, misleading or false, you will promptly notify Ad Geyser of such change. You will not harass, annoy, intimidate or threaten any Ad Geyser employees or agents engaged in providing any portion of the Services to you.
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Services at any time. In addition, we may impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability and for any reason. Ad Geyser reserves the right to terminate your use of the Services if you misuse the Services in any way, or act in an inappropriate, unlawful or illegal manner, in our sole and absolute discretion.
If you are a user of Ad Geyser services, and provided you are not in breach of these Terms, Ad Geyser will pay you a revenue for new end users generated by you via using Services, as determined by Ad Geyser from time to time in its sole discretion. The compensation payable to you is determined dynamically for each install and shall be based on quality of incoming traffic and on terms negotiated programmatically between Ad Geyser and the advertiser. Payments will be calculated solely based on records maintained by Ad Geyser, and no other measurements or statistics of any kind will be accepted or have any effect. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by Ad Geyser in its sole discretion. Invalid activity is determined by Ad Geyser in all cases and includes, but is not limited to, (i) spam, invalid impressions or invalid clicks generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from your IP addresses or computers under your control; (ii) clicks solicited or impressions generated by payment of money and false representation; (iii) clicks or impressions co-mingled with a significant amount of the activity described in (i) and (ii) above, or (iv) any breach of these Terms by you.
Within thirty (30) days after the end of each calendar month during the term of the Services, Ad Geyser will provide you a written or electronic report, or will enable you to access such reports online, showing the bases for calculating the compensation for such month. If you dispute any payment made in connection with the Services, you must notify Ad Geyser in writing within thirty (30) days of any such payment. Failure to so notify Ad Geyser shall result in the waiver by you of any claims related to such disputed payment. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your use of the Services.
RISK ASSUMPTION AND PRECAUTIONS
You are solely responsible for the content or information you post, upload, publish or display in connection with the Services, or transmit to other users (“User Content”). We do not and cannot review all User Content posted or sent by users of the Services. We are not responsible for any User Content. We reserve the right, but are not obligated to, delete, move or edit User Content that we, in our sole discretion, deem to be in violation of the guidelines set forth herein or any other applicable content guidelines or deem to be otherwise unacceptable.
Ad Geyser is not responsible for the conduct, whether online or offline, of any user of the Website or of the Services. Ad Geyser is not responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to your or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Services. Under no circumstances will Ad Geyser or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Services. The Website and the Services are provided “AS-IS” and Ad Geyser expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement. You assume all risk when using the Services.
THIRD PARTY LINKS AND SERVICES
Ad Geyser may hire other companies to perform certain business related functions such as processing payments on our behalf. Our payment processing partner may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any federal and state laws and regulations. They may also communicate directly with you regarding any issues with a payment. Any information provided to our third party will be confidential and only be used for intended purposes.
DISCLAIMER OF WARRANTIES
If you are a publisher, you specifically acknowledge and agree that Ad Geyser has no control over (and is merely a passive conduit with respect to) any content that may be submitted or published by any advertiser, and that you are solely responsible (and assume all liability and risk) for determining whether or not such content is appropriate or acceptable to you. You further represent and warrant to Ad Geyser that (i) you are the owner of each Mobile Property you designate in connection with the use of Services or that you are legally authorized to act on behalf of the owner of such Mobile Property for the purposes of these Terms, and (ii) you have all necessary right, power and authority to enter into these Terms and to perform the acts required of you hereunder. You further represent and warrant to Ad Geyser that each of your Mobile Properties and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; (c) are not hate-related in content; and (d) will not introduce viruses or other malware to the Services or Ad Geyser systems or end users
If you are an advertiser, you specifically acknowledge and agree that Ad Geyser has no control over any content that may be available or published on any publisher Website (or otherwise), and that you are solely responsible (and assume all liability and risk) for determining whether or not such content is appropriate or acceptable to you. You further represent and warrant to Ad Geyser that (i) you are the owner of each Advertisement you designate in connection with the use of Services or that you are legally authorized to act on behalf of the owner of such Advertisement for the purposes of these Terms, and (ii) you have all necessary right, power and authority to enter into these Terms and to perform the acts required of you hereunder. You further represent and warrant to Ad Geyser that each of your Advertisements and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; (c) are not hate-related in content and (d) are free from viruses and any other contaminants of any nature whatsoever.
From time to time, Ad Geyser may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Ad Geyser’s sole discretion. The provisions of this Disclaimer of Warranties section apply with full force to such features or tools.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. AD GEYSER PROVIDES THE WEBSITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AD GEYSER DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE AND THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. AD GEYSER DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE OR THE SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT WILL AD GEYSER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF AD GEYSER KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL AD GEYSER’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES OR THE WEBSITE, EXCEED THE NET AMOUNT PAID BY AD GEYSER TO YOU DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE RELEVANT CLAIM, OR, IF NO AMOUNT HAS BEEN PAID, THE AMOUNT OF .00.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AD GEYSER BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
You agree to indemnify, defend and hold harmless Ad Geyser, its officers, members, managers, directors and employees, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of or from (a) your use of or inability to use the Website or Services (b) your violation of any terms of these Terms or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Ad Geyser reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ad Geyser in asserting any available defenses.
COMMUNICATION AND PRIVACY
TERM AND TERMINATION
These Terms will become effective upon your acceptance of the Terms by your use of the Website or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Ad Geyser may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Ad Geyser reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. Any fees paid hereunder are non-refundable and non-cancelable. You may terminate your account by following the instructions on the Website, or by sending a notice of cancellation to: email@example.com. Upon termination of your account, your right to use the Services will immediately cease and you will remove all Ad Geyser code from you Mobile Properties. Following any termination of use of the Services, Ad Geyser reserves the right to send a notice thereof to other registered users with whom you have corresponded. The termination or expiration of these Terms shall not affect any of the provisions of these Terms which are expressly or by implication to come into or continue in force after such termination or expiration.
You acknowledge and agree that any violation of these Terms may cause Ad Geyser irreparable harm, and therefore agree that Ad Geyser will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Ad Geyser may have for a breach of these Terms.
Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Services. The failure of Ad Geyser to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of these Terms will continue in full force and effect. For purposes of contract interpretation, including resolution of any ambiguity, the parties acknowledge that the terms of the Terms should not be strictly construed against either party. The section titles in these Terms are for convenience only and have no legal or contractual effect. Ad Geyser will not be in breach of these Terms nor liable for any failure or delay in performance of any obligations under these Terms (and, if applicable, the date for performance of the obligations affected will be extended accordingly) as a result of any event outside the reasonable control of Ad Geyser affecting its ability to perform any of its obligations under these Terms including act of God, fire, flood, lightning, compliance with any law or governmental order, rule, regulation or direction, war, revolution, act of terrorism, riot or civil commotion, strikes, locks outs and industrial action, failure of supplies of power, fuel, transport, equipment, raw materials or other goods or services. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.