This User Agreement ("Agreement") is a contract between you (“you”, “your” or “user”) and Adverti, (“Adverti.io”, “we”, “us” or “our”) and applies to your use of: (a) the collection of Adverti websites located at Adverti.io, and any associated Adverti websites (collectively, the “Site” or “Sites”), (b) software applications, API, or browser plugins (collectively, the “Applications”), and (c) any services provided to you by Adverti . Adverti Sites, Applications, and services provided by Adverti shall be known collectively as the “Service” or “Services”.
If you do not agree to any of the terms set forth in this Agreement, or any subsequent modification to the Agreement, you may not access or use any of Adverti Services and must cancel your Adverti.io Account, free of charge, in the manner set forth below. If you do not agree to any of the terms set forth in this Agreement, you may not access or use any of the Adverti Sites, Applications, or Services.
We may amend or modify this Agreement by posting on Adverti.io, Adverti Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. We may (a) modify or discontinue any portion of Adverti Services, and (b) suspend or terminate your access to Adverti Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of Adverti Services, or suspension or termination of your access to the Adverti Services, except to the extent otherwise expressly set forth herein.
The Adverti Services include the following:
(i) one or more hosted accounts that allow users to store Adverti private keys, and to track, transfer, and manage their Adverti and account information and through which Adverti Services can facilitate Adverti Transactions pursuant to instructions submitted by a user or authorized entity to the Adverti Services (“the Adverti Account”).
In order to use any of the Adverti Services, you must first register by providing your valid email address and password. Upon successful completion of the registration process, Adverti will establish your Adverti.io Account. Adverti may, in its sole discretion, refuse to establish your Adverti.io Account, and limiting to one Adverti.io Account per user may establish and maintained at any time.
In order to use certain features of the Adverti.io Services, you may be required to provide us with certain personal information, including but not limited to, your name, address, telephone number, email address, date of birth, and social security number. Adverti may also require you to answer certain questions or take certain actions in order to verify your identity, provide Adverti.io Services to you, or comply with applicable law. In submitting this personal information, you verify that the information is accurate and authentic, and you agree to update Adverti if any information changes. You hereby authorize Adverti to, directly (i) make any inquiries we consider necessary to verify your identity and/or account information, and (ii) request and obtain any consumer report or similar information relating to you and to take action we reasonably deem necessary based on the results of such inquiries.
Adverti may (a) suspend or terminate your access to any of the Adverti Services, and (b) deactivate or cancel your Adverti.io Account as required by a valid subpoena or court order, or if Adverti reasonably suspects you of using your Adverti.io Account in furtherance of illegal activity. You will be permitted to transfer Adverti associated with your Adverti Account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order. If any transaction is in a pending state at the time your Adverti.io Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your Adverti.io Account to evade an investigation or avoid paying any amounts otherwise due to Adverti . Upon cancellation of your Adverti.io Account, you authorize Adverti to cancel or suspend pending Exchange Service transactions and, after providing written notice to the you, return the funds associated with such transactions to your address or bank account, as applicable. In the event that you or Adverti terminates this Agreement or your access to the Adverti Services, or deactivates or cancels your Adverti Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or account errors, Adverti may temporarily suspend access to your Account until the problem is resolved.
As part of the services offered in connection with your Adverti.io Account, Adverti can help you send Bitcoin to, and request and receive Bitcoin from, third parties pursuant to instructions you provide through Adverti Sites (each such transaction is an "Adverti Transaction"). You may initiate an Adverti Transaction by going to an Adverti.io Site, choosing to send or request, and entering the requisite information regarding the sender or recipient and the amount of Bitcoin to be transferred. Adverti will then communicate with the Bitcoin network on your behalf, as necessary, to facilitate each Adverti Transaction in accordance with these instructions.
Adverti reserves the right to refuse to process or to cancel any pending Adverti Transaction as required by law or in response to a subpoena, court order, or other binding government order. Adverti.io cannot reverse a Adverti Transaction which has been communicated to and confirmed by the Bitcoin network.
Adverti processes Adverti Transactions according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to Adverti.io as the relevant Adverti Transaction may not be cancelled or reversed once initiated.
If you initiate an Adverti Transaction by entering the recipient's Bitcoin address, Adverti will confirm that the Bitcoin address is valid; however, Adverti cannot confirm that the Bitcoin address belongs to the intended recipient.
Adverti stores 100% of all Adverti private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Adverti.io to retrieve this information from offline storage in order to facilitate an Adverti Transaction in accordance with your instructions, which may delay the initiation or crediting of such Adverti Transaction for 48 hours or more. As a user of Adverti.io Services, you accept the risk that an Adverti Transaction facilitated by Adverti.io may be delayed and you agree not to hold Adverti.io responsible for any damages or injury arising out of or related to such delay. In the event of a security breach, a delay may be much longer than 48 hours.
Adverti.io may impose limits for total number of coins in each account and the total number of coins allowed to be transferred over a period of time.
Adverti has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Adverti.io Services). Adverti.io is not responsible for ensuring that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Adverti.io transferred using Adverti Services, or if you have a dispute with such third party, you must handle it directly with that third party. Due to the nature of Adverti , any Adverti Transaction conducted using Adverti Services is final regardless of any defects in or non-delivery of any goods or services purchased in connection with such Adverti Transaction, or any other aspect of your transaction or relationship with the relevant third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Adverti.io Support at support@Adverti.io so that we may consider whether to take any action.
Adverti.io is not responsible for merchant refund policies. Certain merchants may wish to process a refund to you via a separate Adverti.io Transaction having a value equal to the transaction amount being refunded, as expressed in local currency (e.g., U.S. dollars), based on the then current Conversion Rate. As a result, you may receive less (or more) Adverti via a refund than you initially used to pay the Merchant.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your receipt or transfer of Adverti, and/or to the Adverti Transactions you conduct through Adverti Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Adverti Adverti.io Account.
Adverti.io reserves the right to change the buy/sell, transfer, trading, storage and velocity limits applicable to your Adverti Account in our sole discretion. We may require you to provide us with information about yourself and/or your Adverti Transactions if your transactions exceed certain government reporting thresholds, such as thresholds regarding financial recordkeeping and tax reporting.
We do not currently support meta coins, colored coins, or any advanced protocol which supplements the core Adverti Protocol. Adverti.io does not detect whether Adverti Transactions associated with your Adverti.io Account may involve any such protocol use. Do not use your Adverti.io Account to effect any instruction or transfer involving an advanced protocol. Adverti.io is not responsible for any loss which may result from such use.
Adverti grants you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Site, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for information, transactional, or other approved purposes as permitted by Adverti from time to time. Any other use of the Site or Content is expressly prohibited. All other rights in the Site or Content are reserved by us and our licensors. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of Adverti Sites or any derivative works thereof, in whole or in part for commercial or noncommercial purposes. Without limiting the foregoing, you will not frame or display the Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without the prior written permission of Adverti . If you violate any portion of this Agreement, your permission to access and use Adverti Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. “Adverti.io”, “Adverti ”, and all logos related to the Adverti Services or displayed on the Site are either trademarks or registered marks of Adverti or its licensor. You may not copy, imitate or use them without Adverti prior written consent.
The Site may contain links to third party websites and resources (“Third Party Material”) not controlled by us. You acknowledge and agree that Adverti is not responsible or liable for (i) availability or accuracy of such Third Party Material, (ii) the content, products or services on or available from such Third Party Material. Links to such Third Party Material do not imply any endorsement by Adverti of such Third Party Material or the content, products or services available from such Third Party Material. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Material.
Although Adverti intends to provide accurate and timely information on each Service, the Services (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on Adverti Sites and Services are your sole responsibility and we shall have no liability for such decisions.
Adverti has the ability to accept, decline or ask for changes to be made to any banners presented at any time. Adverti will contact the provider, if declined they will be given a reason as of why and give them an opportunity to resubmit for approval. Adverti may stop any campaign at any given time. If campaign is stopped, Adverti will notify provider that it has been stopped and the reason why.
Adverti has the ability to accept, decline or ask for changes to be made to any websites presented at any time. Adverti will contact the provider, if declined they will be given a reason as of why and give them an opportunity to resubmit for approval. Adverti may stop any campaign at any given time. If website is removed, Adverti will notify the provider that it has been removed and the reason why.
Publisher may not click on their own ads or use any means to inflate impressions and/or clicks including manual methods. Clicks on Adverti ads must result from genuine user interest. Any method that artificially generates clicks or impressions on your Adverti ads is strictly prohibited. These prohibited methods include, but are not limited to, repeated manual clicks or impressions, automated click and impression generating tools and the use of robots or deceptive software. Please note that clicking your own ads for any reason is prohibited. Invalid clicks or impressions may result in cancellation of campaign and/or website and banning from adding campaigns and/or websites in the future. Any earnings from a website and/or campaign with invalid clicks or impressions will be forfeit.
Any person or entity who uses Adverti Application Programming Interface ("API") must comply with the terms of this User Agreement and/or any other conditions as Adverti may put into place in its sole discretion from time to time. The API is owned by Adverti and is licensed to API users on a non-exclusive, non-sublicensable basis. Adverti reserves the right to restrict or limit use when, in its sole discretion, we identify abusive, burdensome, or prohibited use of the API.
You hereby certify to us that any funds used by you in connection with Adverti Services are either owned by you or that you are validly authorized to carry out transactions using such funds. In particular, you acknowledge that Adverti Adverti.io Services may not be a qualified custodian under applicable law, and represent that your use of Adverti Services is in compliance with any applicable requirements governing the maintenance and use of fiduciary accounts and custodial assets.
In connection with your use of the Adverti Services, you will not:
Adverti reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to comply with any applicable law, regulation, legal process or governmental request.
The supply of Adverti and Adverti Services through Adverti Site is subject to United States and international export controls and economic sanctions requirements. By acquiring any such items through Adverti Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire Adverti or any of Adverti Services through Adverti Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (2) you intend to supply the acquired Adverti or Adverti Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or UN sanctions (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.
We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to cancel and/or suspend your Adverti Adverti.io Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with Prohibited Use, and/or a Prohibited Business, and or illegal activity in United States & your legal location.
If you believe Adverti committed an error, please contact us at support@Adverti.io. Please provide us with information sufficient to identify you, your Adverti.io Account, your order confirmation code and any other information about the transaction that you can provide. You must contact us within 30 days after the transaction occurred. We will use our best efforts to either correct the error or explain to you why we believe that transaction was correct within 30 days of receiving your request. Any claim of an error received after 30 days from the date of the alleged error shall be null and void.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and Adverti agree to arbitrate any dispute arising from these Terms or your use of our Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Adverti agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Adverti shall be sent support@Adverti.io. You and Adverti further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Wisconsin; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with US laws and regulations; and (d) that the courts in Wisconsin have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of United States, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND Adverti WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING
You understand and acknowledge that the Adverti Services are being provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind. Adverti SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Adverti DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE Adverti SERVICES. Adverti WILL MAKE REASONABLE EFFORTS TO ENSURE THAT TRANSACTIONS ARE PROCESSED IN A TIMELY FASHION, BUT Adverti MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO PROCESS TRANSACTIONS BECAUSE Adverti SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BITCOIN AND Adverti NETWORKS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Adverti SHALL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR TORT DAMAGES, OR LOST PROFITS) IN CONNECTION WITH THIS AGREEMENT, EVEN IF Adverti HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Adverti LIABILITY FOR MONEY DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES RECEIVED FROM YOU DURING THE PRECEDING THREE (3) MONTH PERIOD.
You agree to indemnify, defend and hold Adverti , its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your misuse of Adverti Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications of Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity of enforceability of any remaining provisions.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Adverti without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Adverti Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement shall be determined to be invalid or unenforceable under the rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity of enforceability of any other provision of this Agreement shall not be affected.
This Agreement sets forth the entire understanding and agreement between you and Adverti as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Adverti.
This Agreement shall be governed, construed, and enforced in accordance with the laws of United States, without regard to its conflict of laws rules.
We collect personally identifiable information when you create an account with us or register to receive email newsletters or other offers and promotions. In addition, we automatically receive and record information in our server logs of every visit to the Adverti.io website including your IP address, Adverti.io cookie information (as described below), and the page(s) you request.
When you open a Adverti.io account and at any time when your Adverti.io account is activated, we may require you to provide information, documents, references, reports or permission to conduct “know your client” or financial or other types of due diligence investigations into your business or financial affairs. We may also require certain information in order to determine the transaction processing limits that apply to you, if any.
We use 3rd party vendor re-marketing and conversion tracking cookies, including the Google AdWords, Twitter and Facebook tracking cookies. This means we may target ads to you based on your prior use of the Adverti Website and track conversions from ads from different 3rd parties. Ads will be displayed to you across the Internet through the Google Content Network, Twitter and Facebook. We do not collect any identifiable information through the use of any 3rd party remarketing system.
You may opt-out at any time from 3rd parties’ interest-based advertising in the following ways:
Any marketing or promotional e-mail we send to you will contain an automated unsubscribe link so that you can opt-out of that subscription. Simply follow the instructions in the e-mail.
The Adverti Website is not intended for use of anyone under the age of 18 . Anyone under the age of 18 should not use the Adverti Website. If we determine that an individual under the age of 18 has used or is using the website, we will take steps to terminate such use or access. Upon request, we will delete information associated with the use of our Website by individuals under the age of 18.
California law may have a specific requirement here. Check with your counsel.
We may amend this Policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting an announcement on the Adverti Website(s). You agree that such posting will constitute sufficient and adequate notice to you of the changes. You agree that your continued use of our products or services after such amendment will constitute your acceptance of and agreement to be bound by the modified policy.