Terms Of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Acceptance of Terms
The services that AdOptim (including its subsidiaries and affiliates, collectively referred to as “AdOptim”) provides to you are subject to the following terms and conditions (“Site Terms”). The Site Terms apply exclusively to your access to and use of this website and do not alter in any way the terms or conditions of any other agreement you may have with AdOptim for products, services or otherwise. AdOptim reserves the right to amend at any time any policies governing this website, including these Site Terms, by posting the amended terms on this website. The amended Site Terms shall be effective immediately after they are first posted on this website. If you do not accept the amended Site Terms (including any referenced policies or guidelines), you must cease using this website.

Description of Services
Through its network of web properties, including, without limitation, AdOptim.com, AdOptim provides you with access to a rich variety of resources, including tools, download areas, premium content, and product information (collectively, “Services”). You also understand and agree that the Services may include advertisements and that these advertisements are necessary for AdOptim to provide the Services. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the Site Terms.
AdOptim reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AdOptim shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

1. Privacy Policy
We believe strongly in providing you notice of how we collect and use data, including personally identifiable information, from the website. You understand that through your use of this website or the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by AdOptim.

2. Proprietary Rights; Limited License
Unless otherwise indicated, all website materials, including, without limitation, AdOptim’s logos, and all text, designs, graphics and other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of AdOptim or its contributors or licensors. Subject to the terms set forth in these Site Terms, AdOptim grants you a limited license to make informational, non-commercial use only of this website. You may view and electronically copy and print to hard copy portions of this website for the sole purpose of using materials it contains for informational, non-commercial use only. Any other use of this website or the materials contained herein without the prior written permission of AdOptim is strictly prohibited, including, without limitation: (a) any resale or commercial use of this website or its content; (b) the retransmission, rebroadcasting or other distribution, display or publication of any information contained in this website; (c) making derivative uses of this website and its contents; (d) use of any data mining, robots or similar data-gathering or data extraction methods; (e) downloading (other than the page caching) of any portion of this website or any information contained on this website, except as expressly permitted on this website; or (f) any use of this website other than for its intended purpose.
Products, processes or technology described in this website may also be subject to other intellectual property protection as well, and all rights therein are reserved by AdOptim. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise, in or under any patent, trademark or other proprietary right of AdOptim, or any third party. All information provided by AdOptim on this website is the sole and exclusive property of AdOptim or its contributors or licensors.

3. Notice Specific to Documents Available on this Web Site; Permission Notice
Permission to use documents (such as white papers, press releases, datasheets and FAQs) from this website is granted, provided that (1) the below Copyright Notice (see last section of these Terms and Conditions) appears in all copies and that both the Copyright Notice and this Permission Notice (this entire section) appear; (2) use of such documents from this website is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of any website owned, operated, licensed or controlled by AdOptim. Elements of AdOptim’s websites are protected by trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any AdOptim website may be copied or retransmitted unless expressly permitted by AdOptim.
AdOptim AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AdOptim AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AdOptim, AND/OR ITS RESPECTIVE SUPPLIERS, BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, TORT (WHETHER NEGLIGENCE OR OTHER TORTIOUS ACTION) OR OF ANY OTHER NATURE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AdOptim AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

4. Confidentiality
You acknowledge that portions of this website may contain valuable Confidential Information (as defined below) of AdOptim, and you agree to protect and preserve such Confidential Information against any unauthorized use, copying, distribution or disclosure. Without limitation of the foregoing, you agree to use the Confidential Information solely for the purposes for which it has been disclosed to you by AdOptim. You further agree not to disclose any Confidential Information to any third party, except as necessary to carry out the purpose for which such Confidential Information was provided and only to third parties who are under confidentiality restrictions not to disclose such information. As used herein, Confidential Information shall mean any nonpublic information that is proprietary or confidential to AdOptim or any information of a third party that AdOptim is obligated to keep confidential, including, but not limited to, information that relates to AdOptim’s products, services, technology, research, development, product ideas, clients, customers, employees, contractors, business and marketing plans, finances, contracts, legal affairs, business affairs or any other confidential or proprietary matter, subject or issue.

5. Account, Password and Security
For certain of the Services, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities occurring under your password or account. You agree to (a) immediately notify AdOptim of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AdOptim cannot and will not be liable for any loss or damage arising from your failure to comply with this section or relating to passwords or account designations generally.

6. Trademarks
AdOptim, AdOptim’s logos and other AdOptim product or service names or slogans contained in this website are either trademarks, service marks or registered trademarks of AdOptim and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AdOptim. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of AdOptim, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AdOptim. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are used for identification purposes only and are the property of their respective owners.

7. Submissions and Postings
AdOptim does not claim ownership of the materials you provide to AdOptim (including plans, notes, drawings, original or creative materials, feedback, suggestions or other information) or post, upload, input, provide or submit to any Services (“Submission”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission, you agree that such Submission is non-confidential, you waive any and all “moral rights” in such materials, including the rights of paternity and integrity, and you hereby grant AdOptim permission to use your Submission, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights, including to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. AdOptim is under no obligation to post or use any Submission you may provide and AdOptim may remove any Submission at any time in its sole discretion.
By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Site Terms, including, without limitation, all the rights necessary for you to post, upload, provide, input or submit the Submission. In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such images, or that the copyright owner of such images has granted you permission to use such images or any content and/or images contained in such images consistent with the manner and purpose of your use and as otherwise permitted by these Site Terms; (b) you have the rights necessary to grant the licenses and sublicenses described in these Site Terms; and (c) that each person depicted in such images, if any, has provided consent to the use of the images as set forth in these Site Terms.
Please note: AdOptim does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other similar works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when AdOptim’s products or marketing strategies might seem similar to ideas you have submitted. All such submissions will be treated as Submissions as set forth herein.

8. No Unlawful or Prohibited Use
As a condition of your use of this website, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any AdOptim server, or the network(s) connected to any AdOptim server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any AdOptim server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

9. Hyperlinks
You are granted a limited, non-exclusive right to create a hyperlink to this website provided such link does not portray AdOptim or any of its Services, products or other services in a false, misleading, derogatory or otherwise defamatory or objectionable manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any AdOptim trademark, logo or other proprietary information, including the images found at this website, the content of any text or the layout/design of any page or form contained on a page without AdOptim’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of AdOptim or any third party.

AdOptim makes no claim or representation regarding and accepts no responsibility for the quality, content, nature or reliability of websites accessible by hyperlink from this website or websites linking to this website. The linked sites are not under the control of AdOptim, and AdOptim is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. AdOptim is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by AdOptim of the site or any information contained therein.

10. Disclaimer
THIS WEBSITE, THE SERVICES, AND THE MATERIALS IN THIS WEBSITE OR IN THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AdOptim DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AdOptim DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE, CURRENT, OR ERROR FREE, OR THAT THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. AdOptim DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AdOptim reserves the right to change any and all content contained on this website at any time without notice. Reference to any products, Services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by AdOptim.

11. Limitation of Liability
IN NO EVENT SHALL AdOptim, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM AdOptim, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AdOptim’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AdOptim (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF AdOptim’S WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AdOptim FOR ACCESS TO OR USE OF THIS WEBSITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

12. Indemnification
You agree to defend, indemnify and hold harmless AdOptim, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third-party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the AdOptim website, including without limitation any actual or threatened suit, demand, or claim made against AdOptim and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of the rights of any third party.

13. Modification Amendments
AdOptim reserves the right to amend at any time any policies governing this website, including these Site Terms, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately after they are initially posted on this website. If you do not accept the amended terms, you should cease using this website.

14. Termination
Notwithstanding any of these Site Terms, AdOptim reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future access to and use of this website. These Site Terms may not be otherwise amended except in a written document signed by AdOptim.

15. Waiver; Severability; No Third Party Beneficiaries
No waiver by AdOptim, whether express or implied, of any provision of these Site Terms shall constitute a continuing waiver of such provision or a waiver of any other provision of these Site Terms; nor shall AdOptim be stopped from enforcing any provision of these Site Terms, except by written instrument executed by AdOptim. If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. You agree that, except as may otherwise be expressly provided herein, there shall be no third-party beneficiaries to these Site Terms.

16. Copyright Notice