Terms Of Use
The following terms of use and end user license agreement is an agreement between you and Adscoo Adnetwork LLC (the “Agreement”) and shall govern your use of Adscoo Adnetwork ’s services and tools including the Adscoo Adnetwork instant messaging software for desktop and mobile, the Adscoo Adnetwork Web site, products, the Adscoo Adnetwork Toolbar, the Tools and any other Adscoo Adnetwork application, plug-in, service, software, component, functionality, program provided by Adscoo Adnetwork (collectively, the “Adscoo Adnetwork Services”).
About Adscoo Adnetwork
Any reference made in this Agreement to "Adscoo Adnetwork" shall be deemed to have been made to Adscoo Adnetwork, LLC, its subsidiaries, successors, assignees, and affiliates, as well as any company that controls Adscoo Adnetwork, LLC, directly or indirectly, and any other subsidiary of that controlling company.Your Representations
You represent and warrant that you have the adequate legal capacity to enter into this Agreement. You further represent and warrant that you will use the Adscoo Adnetwork Services only for lawful purposes and in accordance with this Agreement or any applicable laws.Parents or Legal Guardians
Parents and guardians who would like to allow their children to use the Adscoo Adnetwork Services should assist them in setting up their Adscoo Adnetwork account and supervise their use of the Adscoo Adnetwork Services. The Adscoo Adnetwork Services may contain certain content and functionality that is not appropriate for children. As parents and guardians it is your responsibility to supervise your children’s use of the Adscoo Adnetwork Services and restrict any use of Adscoo Adnetwork Services which may not be appropriate for your child.Supplemental Terms
Use of certain Adscoo Adnetwork Services may be subject to additional terms and rules that will supplement the terms of this Agreement (the “Supplemental Terms” and together with the terms of this Agreement and the Adscoo Adnetwork Privacy Policy, the” Terms of Service”). By using those services you agree to comply with such Supplemental Terms. In case of contradiction between any provision of this Agreement and any provision in any of the Supplemental Terms, the provision specific to the applicable Adscoo Adnetwork Service shall prevail.Updates
The Adscoo Adnetwork Services or any part thereof including, without limitation, any version of the Software installed on your computer, or mobile device may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by Adscoo Adnetwork in its sole discretion ("Updates").You agree to bear the risks of and hold Adscoo Adnetwork harmless for any and all effects that the Updates may have on you and your ability to use the Software and the Adscoo Adnetwork Services, in whole or in part, for communicating with third parties or their ability to communicate with you.
License
Adscoo Adnetwork hereby provides you with a non-exclusive, non-transferable, limited license to use the software (including, any mobile applications) provided to you by Adscoo Adnetwork (the “Software”) and applicable Adscoo Adnetwork Services, for personal and internal business purposes on an "AS IS" basis subject to the terms and conditions of this Agreement and the Terms of Service.You May Use the Adscoo Adnetwork Services for Lawful Purposes Only
You may use the Adscoo Adnetwork Services' features, offerings and content for lawful purposes only. You may not (1) enter user details of another person including for the purpose of impersonating that person, (2) violate the intellectual property rights of any person, (3) enter offensive details, or (4) send unsolicited bulk e-mail, junk e-mail or unsolicited bulk instant messages.Materials You Send or Post
While you retain ownership of all right, title, and interest in any information, documents, content, images, photographs or other material ("Material") sent to Adscoo Adnetwork or posted to the Adscoo Adnetwork Services, by sending or posting such Materials you hereby grant Adscoo Adnetwork, its affiliates, subsidiaries, assignees, licensees, and legal representatives an irrevocable, perpetual, worldwide license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Materials (as such may be edited and modified by Adscoo Adnetwork in its discretion) through the Adscoo Adnetwork Services and such other products or services as Adscoo Adnetwork may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes.You agree that you will not upload, post, submit or send any Materials through the Adscoo Adnetwork Services or to Adscoo Adnetwork that: (1) is offensive, harmful, vulgar, sexually explicit, or unlawful; (2) you don't have a right to transmit under any law, including but not limited to Materials that infringes patent, trademark, trade secret, copyright or other proprietary right or violates any right of privacy or publicity; (3) contains software viruses or any other computer code that may be harmful to Adscoo Adnetwork or to Internet users in general; (4) is unsolicited advertising, promotional materials, or any other forms of solicitation; (5) impersonates in any way any person, entity or Adscoo Adnetwork official,; (6) collects or stores personal data about other users in any way or form or solicit or harvest passwords or screen names; or (7) is confidential, secret or proprietary information belonging to someone else
Adscoo Adnetwork reserves the right and the sole discretion to refrain from publishing on the Adscoo Adnetwork Services and to delete or remove from the Adscoo Adnetwork Services any Materials posted or sent, by any user or any part thereof. You acknowledge that you (and not Adscoo Adnetwork) are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, or any other harm or damage arising from your submission and Adscoo Adnetwork's display of any Materials. You hereby hold Adscoo Adnetwork harmless from and against any third party claim arising from use of the Materials.
You further understand and thereby authorize, that your Materials may be accessed, viewed, stored or reproduced by Adscoo Adnetwork users or other visitors to the Adscoo Adnetwork Services.
Proprietary Rights
Adscoo Adnetwork owns all intellectual property in the Adscoo Adnetwork Services and the proprietary Adscoo Adnetwork databases, including but not limited to Adscoo Adnetwork components and algorithms, and access to the Adscoo Adnetwork Services' server complex.You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content of the Adscoo Adnetwork Services or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Adscoo Adnetwork Services without the express permission of Adscoo Adnetwork. No portion of the content on the Adscoo Adnetwork Services may be stored in a computer except for personal and non-commercial use.
Privacy Policy
In order for you to feel comfortable in communicating using the Adscoo Adnetwork Services, Adscoo Adnetwork has adopted a privacy policy that governs how Adscoo Adnetwork processes and treats the information it collects from you. You can review the current version of this policy by visiting http://www.adscoo.com/privacy.php. By your use of any of the Adscoo Adnetwork Services, you authorize the collection, use, and disclosure of information by Adscoo Adnetwork as provided for under Adscoo Adnetwork's then-current Privacy Policy.Monitoring
Unless produced by Adscoo Adnetwork, the information you access or receive by using the Adscoo Adnetwork Services, is provided by the users, is entered or posted by them, and is not controlled, verified or endorsed by Adscoo Adnetwork in any way. Adscoo Adnetwork has the right, but not the obligation, to monitor content made available on or through the Adscoo Adnetwork Services, to determine compliance with the Adscoo Adnetwork Terms of Service and any other operating rules that may be established by Adscoo Adnetwork from time to time. With respect to instant messages sent between users, Adscoo Adnetwork employees do not monitor such messages but Adscoo Adnetwork may employ certain automatic computer systems and filters to scan such messages for the purpose of limiting the sending of spam or other unsolicited commercial content through the Adscoo Adnetwork systems.Users shall remain solely responsible for the content of their messages. You acknowledge and agree that Adscoo Adnetwork shall not assume or have any liability for any action or inaction by Adscoo Adnetwork with respect to any conduct within the Adscoo Adnetwork Services.
Other Services
The Adscoo Adnetwork Services contain features, functionalities and/or third party offerings that may link you or provide you with certain reference, functionality or products of third parties ("Other Services"). These Other Services are provided by Adscoo Adnetwork only as a convenience. The Other Services are not controlled by Adscoo Adnetwork in any way and Adscoo Adnetwork is not responsible for the content of any such Other Services, any link contained therein or for the performance, availability, or quality, of any Other Service. If you choose to install and/or use any such Other Services then your use is subject to such Other Services license agreement, terms of use and privacy policy. Adscoo Adnetwork does not warrant or guarantee that the information sent through the network of Other Services will reach its destination or that the details of the recipient or sender are correct or accurate. In addition, the offering of these features does not imply endorsement of the Other Services by Adscoo Adnetwork. Furthermore, Adscoo Adnetwork does not endorse any service or product that may be offered by any third party advertising through the Adscoo Adnetwork Services. In no event shall Adscoo Adnetwork be liable to anyone for any damage arising from or occasioned by the creation or use of the Other Services or the information or material accessed or delivered through the Other Services.Disclaimer of Warranties
THE Adscoo Adnetwork SERVICES AND SOFTWARE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Adscoo Adnetwork MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT, TITLE, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.Adscoo Adnetwork DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY OR RELIABILITY OF THE SOFTWARE, OR THE Adscoo Adnetwork SERVICES, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, AND THE Adscoo Adnetwork SERVICES IS ASSUMED BY YOU.
Adscoo Adnetwork does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the Adscoo Adnetwork Services. Adscoo Adnetwork does not warrant or guarantee (1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; (2) that the information available on or through the Adscoo Adnetwork Services will not contain adult-oriented material, or material which some individuals may deem objectionable; (3) that the Adscoo Adnetwork Services and the functions or services performed by Adscoo Adnetwork will be uninterrupted or error-free; or (4) that defects in the Adscoo Adnetwork Services will be corrected. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.
Security and Privacy Limitations
Please note that the Adscoo Adnetwork Services, as with most Internet applications, are vulnerable to various security issues and hence should be considered unsecured. By using the Adscoo Adnetwork Services and the Internet in general, you may be subject to various risks, including among others:- Exposure to objectionable material and/or parties, including without limitation, contaminated files.
- Unauthorized invasion of your privacy during, or as a result of, your use or another's use of the system.
- Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful.
- Unauthorized exposure of information and material you listed or sent, on or through the Adscoo Adnetwork system to other users, the general public or any other specific entities for which the information and material was not intended by you.
- That information, data or messages may not reach their destination or may reach an erroneous address or recipient and may viewed by such recipients
- Downloading viruses or other files from other users that may cause damage to your computer
- Others may be able to view your IP address
You acknowledge that you are aware of the risks and limitations of the Adscoo Adnetwork Services and that while Adscoo Adnetwork may provide you with certain security and privacy features that such features are provided to you as a convenience only and may not operate according to their description or may not operate at all.
If you do not wish to be subjected to these risks, you are advised not to use the Adscoo Adnetwork Services. Furthermore, please do not use the Adscoo Adnetwork Services for "Mission Critical" or "Content Sensitive" applications and purposes. For the purpose of this section "Mission Critical" applications and purposes shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.
Limited Liability
IN NO EVENT WILL Adscoo Adnetwork BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE, THE Adscoo Adnetwork NETWORK, THE Adscoo Adnetwork SERVICES, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER 'INFORMATION', EVEN IF Adscoo Adnetwork SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (iii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION; OR (iv) IF ANY INFORMATION INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Adscoo Adnetwork 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
In no event will Adscoo Adnetwork 's liability with respect to this Agreement exceed the greater of (i) the amount you paid (if you paid) to Adscoo Adnetwork for the Software, or (ii) the average monthly access fee paid by you to your local telephone company or communication provider, solely and specifically for access to the Adscoo Adnetwork Services.
The entire risk as to the quality and performance of the Adscoo Adnetwork Services, and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.
Charging Policies
General. Unless expressly stated to you by Adscoo Adnetwork, the Adscoo Adnetwork Services are provided to you free of charge. If any payments were made for any materials, equipment, products or services that bundle or offer any part of the Adscoo Adnetwork Services, or for accessing the Adscoo Adnetwork Services through any platform or network (including any telephone or communication charges), you acknowledge, that such payments were made for the equipment, products, services or access offered, and not for the actual Adscoo Adnetwork Services.Adscoo Adnetwork Mobile Charging Policy. While Adscoo Adnetwork does not currently charge for use of Adscoo Adnetwork Services on mobile devices, please note that when using Adscoo Adnetwork Services on mobile devices you may be charged by your cellular operator for data or access to the Internet. Therefore, please check with your cellular provider of any charges that will apply when using the Adscoo Adnetwork Services through your mobile device.
Communications From Adscoo Adnetwork
Adscoo Adnetwork may send (i) notices about your use of the Adscoo Adnetwork Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information, to your Adscoo Adnetwork number or to an e-mail address provided by you on or through any of the Adscoo Adnetwork Services. For more information please review the Adscoo Adnetwork Privacy Policy.Termination
Adscoo Adnetwork may at any time terminate your Adscoo Adnetwork number or access to the Adscoo Adnetwork Services, cancel, change, introduce different options and features to different users or refrain from publishing Adscoo Adnetwork numbers or any other details of the users on the various Adscoo Adnetwork directories and listings for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Agreement or the Adscoo Adnetwork Terms of Service. Adscoo Adnetwork has no obligation to provide you a warning prior to termination of your use of the Adscoo Adnetwork Services.Support
You understand that your use of the Adscoo Adnetwork Services is at your own risk and that Adscoo Adnetwork provides no assistance other than the information posted on the Adscoo Adnetwork Web site at http://www.adscoo.com/en/contact-us. Adscoo Adnetwork is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software or any Adscoo Adnetwork Service.Rights and Remedies
You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Adscoo Adnetwork Terms of Service, including Adscoo Adnetwork's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person other than Adscoo Adnetwork.You acknowledge that the Adscoo Adnetwork Services contain Adscoo Adnetwork proprietary and confidential information, and that disclosure of such information or misuse of the Adscoo Adnetwork Services will give rise to irreparable injury to Adscoo Adnetwork, inadequately compensable in damages. Accordingly, Adscoo Adnetwork may seek and obtain injunctive relief against such disclosure or misuse or threatened such disclosure or misuse, in addition to any other legal remedies that may be available.