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Advertising Modules - Terms of Service
Last updated: March 26, 2014
Please read carefully the following terms as they explain why you have been displayed with third parties advertisements, links, products and/or commercial offerings ("Advertising Content") through KindAdNetwork's advertising modules, and constitutes a binding agreement between KindAdNetwork Ltd. and yourself.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR TO THE DISPLAY OF ADVERTISING CONTENT OR TO THE SOFTWARE TERMS AND CONDITIONS THAN YOU MAY NOT USE THE SOFTWARE.
These Terms of Service are the full Agreement between KindAdNetwork Ltd., a limited liability corporation ("KindAdNetwork", the "Company" or "We") and yourself (the "Agreement"). KindAdNetwork is the provider of the Advertising Modules used to display Advertising Content to you. Such modules may be displayed to you as banners, pop–ups, pop-unders, coupons, price comparison, in-line text and display ads.
By downloading and installing the Software and by using it and its related services you have granted your full consent to be served with the Advertising Content through KindAdNetwork's Advertising Modules. The display of Advertising Content using KindAdNetwork's Advertising Modules will be referred to as the "Service".
To make it easier to understand the Agreement, here is a short summary of its terms and conditions. NOTE that this summary is NOT a substitute to the full terms of the Agreement:
- The Advertising Content is served to you by third parties, using KindAdNetwork's Advertising Modules, and results from the download and installation of Extension by you.
- If you wish to stop receiving such Advertising Content by us you may follow our opt-out mechanism.
- The display of such Advertising Content is allows our affiliates to keep and providing you with FREE applications, software and other tools to enhance your use of the Internet.
- Our service of ads displaying is provided with no warranty of any kind about the accuracy, functionality or usability or with any representation about the content included. We will not be liable to you or to any other person for any matter related or in connection with the service.
- We may change or update these terms from time to time. Notification of such changes will be posted in our website.
By installing and using the Software you certified that you are over the age of 18 (i.e, you are not a minor) and have the legal competence to be bound by the Software agreement and by this Agreement. If you are a minor and over the age of 13, you certify that you have your parent or legal guardian's authorization to install and use the Software and/or that your parent or guardian supervises your use.
Why have you been displayed with ads?
Please note that any Advertising Content is provided by third party and is out of KindAdNetwork's responsibility, thus any engagement with such content or third party is subject to these third parties' terms and conditions and are under you sole risk.
Advertising Content and Design
KindAdNetwork is committed to ethical industry standards in providing Advertising Content to its users. Thus, KindAdNetwork carefully selects its advertisers partners and requires them to commit and comply with all laws, regulations and best industry standards, including but not limited to providing accurate, complete and updated information, avoiding of misleading presentations that will make users to believe that such ads are attributed to, provided or endorsed by others or interfere with users' default browsers or operating system's settings or functionalities or with the browsing experience. If you feel that Advertising Content or design does not meet such requirements, you are welcome to notify us at: [email protected], and we will work to make sure the advertiser will fix such content or design or will take measure to cease it, as required.
How do you stop getting these ads?
The Service is made in order to keep and provide you with FREE software, applications and other tools that will enhance your online experience and optimize your browsing. However, if you wish to disable such Advertising Content you may opt out our Advertising Modules by following our opt-out mechanism. Note that by doing so you might disable the display of Advertising Content by us but we cannot assure you will not be served with other advertising content and commercial offers by others.
The Service, the Advertising Modules and data that provided to you through them contain materials that are protected by international copyright, and/or any other intellectual property laws. They are owned by KindAdNetwork, its licensors, its third party providers, partners and/or affiliates. Such material may contain information, logos, text, images, video, sounds, musical works, works of authorship, applications, trademarks and other materials or content ("Protected Content"). Except as expressly permitted by KindAdNetwork, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any of the Protected Content, including, but not limited to any derivative work based on the Protected Content.
KindAdNetwork respects your rights and the rights of others and does its best to protect such rights. However, If you believe that your rights, or other third party right, have been abused or violated, please contact us at: [email protected] and we will do our best to assist you or to fix such violation.
KindAdNetwork is committed to ethical industry best standards in providing its Advertising Modules and in monitoring its advertisers to follow industry standards with regard to content and design. Thus ads are labeled as an advertising material and you are provided with the full information about the advertisement source and about the platform and content providers. KindAdNetwork is not responsible for any misuse of such information or for any dis-functionality of links to or the display of such information. However, KindAdNetwork will be willing to fix such dis-functionality or display provided that you will inform it using the below email address.
Disclaimer of Warranty and Limitation of Liability
The Service is provided to you on an "as-is" and "as available" basis, without any warranty of any kind, including but not limited to express, implied or statutory.
Note that KindAdNetwork is doing its best to ensure that the Advertising Content, design and the information available through the Service and the Software are fully compliant with any applicable laws, regulation and industry best standards. However, We can never assure completely of such compliance and We are not responsible or make no warranty that: (a) the Advertising Content or that any information or materials made available through the Service will be accurate, useful, current, complete, timely or reliable; (b) the Software and the Advertising Content and design are fully compliant with all laws, regulation and industry best standards;
KindAdNetwork makes no warranties or representations that (a) The Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure or error-free; (b) You will receive any specific result from using the Service; (c) Any defects related to the Service will be corrected; (d) The Service is free of computer bugs, viruses or other harmful components;
In no case and for no reason, to the fullest extent permitted by the law of the state Israel, KindAdNetwork nor its partners, subsidiaries or affiliates, or any of their officers, directors, shareholders, employees, contractors or agents (collectively, the "Company Parties") will be liable, endorse, guarantee, or assume responsibility for any damage, direct or indirect, consequential, exemplary, physical or special to you or to any third party, due to its mis-performance of duties herein. KindAdNetwork will not be held liable for any product or service advertised or offered by third party through the Service, and will not be a party to or responsible for monitoring any transaction between you and any third party provider of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Your use of, access to or engagement with the Software, related services, Advertising Content and any other third party products or services are at your sole risk and you will be solely responsible for any damages or losses that arise from such use, access or engagement.
You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access or use of the Services; (b) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements);
This Agreement shall be solely governed by the Laws of the State of Israel, and any dispute arising from it shall be brought only to the competent courts of the Tel-Aviv district.
If you have any questions about this Agreement, please contact us: [email protected]