TERMS OF SERVICE
Confiant (“we”, “us” and terms of similar meaning) provides this web site and the services provided by or through this web site to you subject to these terms and conditions of use (these “Terms”).
In these terms we call this web site, any successor web sites (together, the “Site”) and the software we provide the “Application”. The Application includes (i) your use of the Confiant API, and (ii) your use of the Confiant web site. We refer to the services provided by the Application as the “Services”.
Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.
1. Description of Services
The Services consist in a set of tools that provide detailed reports about Flash banner ads and third-party ad tags. Additionally, the Services include the verification and correction of “clicktag” tracking code within Flash banner ads.
You acknowledge and agree that Confiant may establish general practices and policies concerning use of the Services, including, without limitation, the maximum number of files that a user may upload through the Services, the maximum size of the files that a user may convert through the Services, the maximum number of hours or days that a file will be stored by the Services, and the maximum number of times a user may access the Services in a given period of time. Confiant reserves the right to change or discontinue any of the Services at any time.
Subject to all the terms and conditions of this Agreement, Confiant shall supply the Services to you and grant you a personal, non-transferable, terminable license to use the Services from the Effective Date for the Subscription Period. You may request and Confiant may agree to upgrade the Services provided to you and corresponding Fees and/or Charges will be amended accordingly as provided in Section 5.
2. Privacy Policy
Please refer to Confiant’s privacy policy, available at http://www.confiant.com/privacy-policy (the “Privacy Policy”) for information on how Confiant collects, uses and discloses Personal Information from its users. By using the Services you agree to our use, collection and disclosure of Personal Information in accordance with the Privacy Policy.
3. Registration Data, Account Security
If you register for an account on the Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and your API key; (c) maintain and promptly update the Registration Data, and any other information you provide to Confiant, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Confiant. You are responsible for all activity on your Confiant account, and for all charges incurred by your Confiant account.
4. Links
The Services may make available links to third-party websites. You acknowledge and agree that Confiant is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Confiant of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
5. Fees, Charges, Taxes
The use of the Services is subject to the pricing set forth in Appendix 1.
Fees may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Application after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
6. Severability
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect. Headings in the Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
7. Indemnification
You agree to defend, indemnify, and hold harmless Confiant, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service.
8. Limitation of Liability
Your use of Confiant is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms of service, or any other rules or policies, please contact us at support@confiant.com. If you use the “Free” level of service, you acknowledge that save for any liability we cannot exclude at law, your sole remedy is to discontinue use of the Services. Subscribers to the “Pro” level of service expressly understand and agree that Confiant shall not be liable for any, indirect loss, consequential loss of profits, revenue, business opportunity, anticipated savings, goodwill or reputation, use or data, resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute Services; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party using the Service; or (V) any other matter relating to the Services.
9. Notice
Confiant may provide you with notices, including those regarding changes to the Services by postings on the Services.
By agreeing to these Terms of Service Confiant reserves the right to send you an email newsletter publication from which you will be able to unsubscribe at any point.
10. Waiver
The failure of Confiant to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
11. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCORDINGLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONFIANT EXPLICITLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, REGARDING SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT). CONFIANT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT CONFIANT WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES. IF WE PROVIDE ADVICE OR INFORMATION ON WAYS TO USE THE SERVICE OR WAYS IN WHICH YOUR USE OF THE SERVICES MAY BE IMPROVED, WE ARE NOT OFFERING ANY PROMISE OR GUARANTEE IN ADDITION TO THOSE EXPRESSLY STATED IN THESE TERMS OF SERVICE.
13. Entire Agreement
These Terms of Service are the entire and exclusive agreement between Confiant and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between Confiant and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Confiant services, affiliate services or third-party content software or services. Please be aware that Confiant reserves the right to cancel any transmission they find in violation of any of the above policies.
If you have any questions about these Terms of Service, please contact Confiant at legal@confiant.com
Complaints about violators of the Terms of Service Policy should be sent via e-mail to legal@confiant.com Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.
