TERMS & CONDITIONS
Please review these terms and conditions of service before using onclicka.com and the services of the network.
These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, joining and/or participating in (collectively "using") the Service, you express and acknowledge your understanding and acceptance of these Terms. As used in this document, the terms "you" or "your" refers to you, any entity you represent, your or its representatives, successors and assigns, and any of your or their devices. If you do not agree to be bound by these Terms, please don’t use the Service whereas:
we have developed the Service for users to advertise on our website;
you own and operate one or more websites, applications, offers, services and/or properties (each "Your Property" and collectively "Your Properties");
you desire to buy advertising space or impressions for Your Properties on websites, applications and/or properties operated by other users of the Service ("Third Party Properties") and/or you want to publish advertising for Third Party Properties on Your Properties;
we will grant you the use of the Service to buy advertising space and impressions through the Service in accordance with the terms hereof.
Company responsible for serving Managed service clients and other campaign management:
Therefore, in consideration of the valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties make the following agreement:
1. Eligibility
You must be over eighteen (18) years old to use the Service, unless the age of majority in your jurisdiction is greater than eighteen (18) years of old, in which case you must be at least the age of majority in your jurisdiction. By accepting these Terms you represent and warrant that you are at least the minimum age as required by the previous sentence. Use of the Service with the age less than majority is prohibited and you represent and warrant that you are not otherwise prohibited to use the Service.
2. Grant of Use; Termination
By accepting these Terms and/or creating an Account you understand that you are requesting acceptance to the Service and that you will not be permitted full use of the Service until you have been accepted into the Service by us (such acceptance to be terminable in accordance with the terms hereof). Subject to our acceptance of you to the Service, we grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Service, including all content and services available therein (the "Content"), on your computer consistent with these Terms. This grant might be terminated (including a partial termination and limitation) by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination we may, but shall not be obligated to:
delete or deactivate your Account;
block your e-mail and/or IP address or terminate your use of the Service;
take any other action to prevent your use of the Service.
You may also terminate your participation in the Service by providing notice to us at any time. Upon termination by us, you agree not to use or attempt to use the Service after said termination. Upon termination for any reason, the grant of your right to use the Service shall terminate, but all other portions of these Terms shall survive. Pursuant to the terms herein, including Sections 11 and 12, you acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
3. Accounts
You must create an account with us (an "Account") to use the Service. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or when we request.
By creating an Account on behalf of a company or other entity, you represent and warrant that you have the authority and capacity to enter into these Terms and bound the entity on its behalf.
You should not use another person's Account without authorization. You are responsible for maintaining confidentiality and limited access to your account. You are solely responsible for all actions on your account. You will immediately notify us to declare about any breach of security or unauthorized use of your account. Pursuing to the terms and conditions set forth herein, we are not responsible for any loss of any unauthorized use of your Account and, in addition to Sections 14 and 15 of this Agreement, we are not in charge of any unauthorized use. You acknowledge that anyone who accesses your account will have access to all of your data, including any private content, as well as the ability to buy advertising on your behalf.
4. Advertiser's Supplement
The Service offers you the ability to buy advertising space through the Service. If you use the Service to buy advertising space (as an "Advertiser") you hereby acknowledge and agree that you agree to and will be bound by the Advertiser's Supplement, respectively, as they may be amended from time to time and which are incorporated herein by reference (together, the "Transaction Supplements"). You acknowledge and agree that a breach of any provision in either of the Transaction Supplements is a breach of these Terms. Where these Terms and the Transaction Supplements conflict, these Terms shall control.
5. Intellectual Property
Content on the Service and available through the Service, excluding advertising and third-party content (both listed below), but including other text, graphics, photos, music, video, software, databases, scripts and trademarks, service marks and logos contained (collectively "Own Materials"), belong to us and / or have a license.
All proprietary materials are subject to copyright, trademark, trade secret and / or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws and international conventions. We reserve all our rights over our Proprietary Materials.
Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or otherwise use in whole or in part any Content.
6. Your Websites
In order to include Your Properties in the Service (and, as a result buy advertising space), you must submit Your Properties for acceptance into the Service. We reserve the right to accept or reject Your Website from inclusion in the Service in our sole discretion, for any and no reason, including for failing any of the Participation Conditions (defined below). Your application must include all information requested in the application on the Service. In addition to our right to terminate your grant of use of the Service, we reserve the right to terminate Your Property's inclusion in the Service in our sole discretion, for any and no reason, including for failing any of the Participation Conditions or other requirements, with or without notice. In our sole discretion, we can grant you a grace period for the elimination of a violation of the Terms of Participation or other requirement, but we will not do this.
You must properly categorize Your Property in accordance with the categories set forth on the Service and provide any further information as requested by us on the Service. You represent and warrant that all information you include with the submission of Your Website is true and correct.
You represent and warrant that you have the necessary ownership, licenses, permissions, rights and consents to submit Your Property to the Service and to authorize us to include Your Property in the Service for any and all uses contemplated by the Service and these Terms. You are entirely responsible for any of Your Properties you submit to the Service. You shall be solely responsible for any and all of Your Properties and any and all consequences of submitting them to the Service.
We claim no ownership or control over Your Properties. You or a third party licensor, as appropriate, retain all rights in and ownership over Your Properties and you are responsible for protecting your rights in and ownership over Your Properties as appropriate.
7. Advertisements
You are entirely responsible for all materials that you upload, submit or make available via the Service, including advertisements (whether in the form of banners, pop-unders, pre-rolls, advertising copy, or otherwise) that you seek to place through the Service ("Advertisements"). Advertisements can not always be withdrawn. You acknowledge that any disclosure of personal information in Advertisements may make you or others personally identifiable and that we do not guarantee any confidentiality with respect to Advertisements (in fact, advertisements are likely to be published publicly on the Internet).
You shall be entirely responsible for any and all of your own Advertisements and any and all consequences of posting, uploading, publishing or making them available. For any of your Advertisements, you affirm, represent and warrant that:
You own or have the licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to Advertisements for any and all uses contemplated by the Service and these Terms;
You will not post or allow anyone else to post, any kind of prohibited content (such as abuse, beastiality, incest, rape, violence or other prohibited content);
You have written permission from each and every identifiable individual in your Advertisements to use the name and every such identifiable individual to enable use of the Advertisement for any and all uses contemplated by the Service and these Terms. You further agree that you will not submit an Advertisement that:
Is copyrighted, protected by trade secret or trademark laws, or subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of this rights or have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted;
Is illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion;
Depicts illegal activities, promotes or physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
Will constitute, encourage or provide instructions for a criminal offense, violations of the rights of any party or that otherwise create liability or violate any local, state, national or international law;
Is unsolicited or unauthorized advertising, promotion, "spam" or any other form of solicitation.
We claim no ownership or control over Advertisements or Third Party Content. You or a third party licensor, as appropriate, retain all copyrights to Advertisements and you are responsible for protecting those rights as appropriate. You irrevocably grant us a worldwide non-exclusive license for an unlimited number of licenses, an unrestricted license that can reproduce, publicly perform and display, distribute, adapt, modify, translate, create derivative works and otherwise use an Advertising (including any registered trademarks ) for the purposes provided by the Service and these Terms. You also provide other users of the Service with the right and license to use ads in connection with their use of the Service and/or the promotion/publication of your ads. You also resile from any claims and allegations of moral rights of attribution in relation to advertisements.
The foregoing license specifically includes a license by you to us to modify Advertisements as necessary for technical or commercial reasons, including scaling images, creating thumbnail images, shortening text to fit available space and any other modifications we deem necessary in our sole discretion to adequately provide the Service to you.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to Advertisements. Specifically, you represent and warrant that you own the title to the Advertisements, that you have the right to upload the Advertisements to the Service and to have them displayed through the Service, and that uploading and displaying the Advertisements will not infringe upon any other party's rights or your contractual obligations to other parties.
You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Advertisement for any reason, or for no reason at all, with or without notice.
Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your Advertisements or your use of the Service in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney's fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.
8. Participation Conditions
All campaigns are subject to our approval. We will not accept any campaigns or Advertisements for inclusion in the Service unless you have our approval and your content and activities comply with these Terms and other restrictions that we may promulgate from time to time. If you have any questions about whether your campaigns or Advertisements comply with these Terms, you may contact your Manager or online support manager in Live Support Chat.
You, Your Properties and Advertisements must satisfy all of the following conditions, as well as the other terms, conditions and restrictions contained in these Terms, and any other terms, conditions and restrictions as determined in our sole discretion (including any additional restrictions set forth in the administrative panel on the Service), in order to qualify for participation and continued inclusion in the Service (the "Participation Conditions"):
Necessary Authority:
You must have the necessary ownership, licenses, rights or consents to submit Your Properties and Advertisements for inclusion in the Service and to use Your Properties and Advertisements in the Service.
You must own or have the necessary licenses, rights or consents to use all trademarks, copyrights, trade secrets or other proprietary rights in and to the content (including its domain name) on Your Advertisements.
General Prohibition:
You may not cheat, defraud or mislead us, or attempt to cheat, defraud or mislead the Service, in any manner.
You should not engage in any activities that may be harmful to our image or reputation (whether certain activities meet this definition is in our sole discretion).
Unacceptable Content:
Your Advertisements should not contain any illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate content as decided by us in our sole discretion.
Your Advertisements may not depict illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals.
Your Advertisements may not contain material that impersonates any person or entity or otherwise misrepresents you or Your Website's users in any way.
Your Advertisements must not contain software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment.
Your Advertisements should not contain or advertise "malware".
Your Websites and Advertisements should not phish for information, mislead users, or include any content which forces users to take any action (warnings, locking notifications, etc.).
Your Advertisements should not contain or advertise torrents, "warez" or similar content.
Your Advertisements should not contain or advertise stolen scripts.
Your Advertisements should not promote or incentivize online activity to surf websites, click on ads or engage in any activity that artificially enhances website, advertiser or other metrics.
Your Advertisements should not promote the production of fake documents, the copying of materials or paper mills.
Your Advertisements should not promote drugs or any related paraphernalia.
Your Advertisements may not promote content that is targeted to anyone under the age of eighteen (18) years.
Your Websites and Advertisements should not be under construction or incomplete.
Your Properties must have substantial real content and not simply be "blind links."
Your Advertisements should not use any third party trademarks without appropriate authorization and may not create a likelihood of confusion for consumers or dilute any third party trademarks.
Your Advertisements should not attempt to profit from human tragedy or suffering.
Your Properties and Advertisements must respect the particular rules added in the Administrative Panel for your campaign - including that it complies with all creatives requirements including rules relating to the use of sounds, javascript exits, automatically downloaded APKs.
Onclicka reserves the right to withhold account balance without refund in case of violation of terms and conditions as well as questionable transactions.
Legal Compliance:
Your Properties and Advertisements must abide by all applicable local, state, national and international laws and regulations. The generality of this provision shall not be limited by the other Participation Conditions.
You must voluntarily inspect and maintain written documentation sufficient to satisfy United States statute 18 U.S.C. § 2257 and other similar laws to confirm that all individuals on Your Properties and Advertisements are over the age of (18) years, even if you are not subject to the jurisdiction of the United States.
In accordance to EU Directive 2002/58/EC as amended by Directive 2009/136/EC, you must provide clear and comprehensive information about the purposes of, storage of and access to cookies and related technologies used by Your Properties and Advertisements, including those technologies employed by the Service in conjunction with Your Properties and Advertisements, and receive the proper consent as required by the EU Cookie Law.
Your Properties and Advertisements may not constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party (including the infringement of anyone's intellectual property rights), or otherwise create liability or violate any local, state, national or international law.
You should not send, transfer or otherwise initiate e-mails or other communications in violation of "spam" laws, including, for example, the Can-Spam Act of 2003.
You should not use the Service in any way that may expose us to liability, whether criminal, civil or otherwise.
You should not use the service as a means of exchanging currencies.
Technical Restrictions:
You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
Your Property may not be hosted on a free web host, with the exception of free blog hosts.
You may not use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Service.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit to or from the Service.
You may not disable, circumvent, or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Service or the Content.
The Transaction Supplements:
You and Your Properties and Advertisements must comply with all the conditions contained in the Advertiser's Supplement, including its additional Participation Conditions.
You agree and acknowledge that we may use both manual and automated methods to ensure your compliance with the Participation Conditions. We retain the sole right, in our reasonable discretion, to determine whether you have complied with the Participation Conditions.
We reserve the right to take appropriate action against you for any breach or suspected breach of the Participation Conditions or other unauthorized use of the Service, including civil, criminal and injunctive redress in addition to termination of your grant of use of the Service. Any use of our computer systems not authorized by these Terms is a violation of these Terms and certain domestic, foreign and international laws.
Nothing contained in this Section, or any other part of these Terms, shall constitute legal or professional advice regarding any matter referenced herein. You are solely responsible for obtaining your own legal advice regarding compliance with any and all applicable laws or regulations.
If your advertisements contain or Onclicka have any suspicions that your advertisements contain including but not limited to software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment or any other viruses, Onclicka can block your account in system without money back.
9. Content on the Service
You understand and acknowledge that, when using the Service, you may be exposed to Content from our sources including content made available on the Service by other users, content made available by automated means, or by links to other websites on the internet, including other websites participating in the Service and advertisements of other users using the Service (collectively, "Third Party Content") and that we do not control and are not responsible for any Third Party Content. We assume no responsibility for the content, privacy policies or practices of the Third Party Content and their owners and operators. In accordance with Sections 14 and 15 herein, we also make no representation and warranty as to the accuracy, completeness or authenticity of information of the Third Party Content and we shall not be liable for any and all liability arising from your use of any Third Party Content.
We claim no ownership or control over Third Party Content. Third parties retain all rights, responsibilities and liabilities to Third Party Content and they are responsible for protecting their rights as appropriate.
You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Service for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor such Content, we assume no responsibility for such Content, have no obligation to modify or remove any such Content (including Advertisements and Third Party Content), and assume no responsibility for the conduct of the users submitting any such Content (including Advertisements and Third Party Content).
Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content on the Website is provided to you "AS-IS" for your use only as contemplated by these Terms and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
You acknowledge that we may in our sole discretion refuse to publish, remove or block access to any Content for any reason, or for no reason at all, with or without notice.
10. Your Notification Obligations
You agree to immediately notify us of any of the following:
Each website, service, property or other location where you will implement or use the Service, whether that is the location that you will be publishing advertisements or whether that is the location that your advertisements are advertising.
Whether there are any inquiries or concerns by any persons regarding any potentially illegal activities or activities in contravention of the Participation Conditions to you or in regards to Your Properties or Advertisements.
If you receive any inquiries, requests for information, complaints, cease and desist notifications in any way related to your use of the Service and relating to obscenity, child pornography, SPAM complaints, copyright infringement, trademark infringement, unfair or deceptive trade practices, misleading search terms, invasion of publicity or privacy, fraud (including credit card fraud), any other criminal investigation inquiry (unless you are clearly prohibited from doing so by law), any civil investigation or litigation or any civil or criminal subpoena.
11. Copyright Claims
We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We may in our sole discretion remove any Content we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Service if you submit any such Content.
Repeat infringer policy. As part of our repeat-infringement policy, any user for whose material we receive three good-faith and effective complaints within any contiguous six-month period will have his grant of use of the service terminated.
Although we are not subject to United States law, we voluntarily comply with the Digital Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed on or through the Service, we have designated an agent to receive notifications of claimed copyright infringement. Notifications should be e-mailed to support@onclicka.com
All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. An effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:
Identification of the copyrighted work that is believed to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., a URL) of an authorized version of the work;
Identification of the material that is believed to be infringing and its location. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Service;
Information that will allow us to contact you, including your address, telephone number and, if available, your e-mail address;
A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent or the law;
A statement that the information in the notification is accurate and that under penalty of perjury that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly infringed;
A physical or electronic signature from the copyright holder or an authorized representative.
If your Advertisement is removed pursuant to a notification of claimed copyright infringement, you may provide us with a counter-notification, which must be a written communication to our above listed agent and satisfactory to us that includes substantially the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of the courts in the address you provided, England and the location(s) in which the purported copyright owner is located;
A statement that you will accept service of process from the purported copyright owner or its agent.
12. Privacy Policy
We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Service. The top of the Privacy Policy will indicate the date that amendments were last made. No other notification may be made to you about any amendments, so periodically check the Privacy Policy for changes. Your continued use of the Service following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.
13. Modification of These Terms
We reserve the right to amend these Terms, including the Transaction Supplements, at any time by posting such amendments to the Service. The top of the Terms and the Transaction Supplements will indicate the date that amendments were last made. No other notification may be made to you about any amendments. You acknowledge that your continued use of the service following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.
14. Indemnification and Release
To the fullest extent of the law, you accept full responsibility for, shall indemnify us and hold us harmless for and from any damages and for and from any threatened, pending or completed action, suit, proceeding or alternative dispute resolution mechanism, or any hearing inquiry or investigation that we believe may lead to the institution of any such action, suit, proceeding or alternative resolution mechanism, whether civil, criminal, administrative, investigative or otherwise (hereinafter, collectively, a "Claim") by reason of, connected to, or arising in part or in whole out of any aspect of your use of the Service, including Your Property's inclusion in the Service, Advertisements or your breach of these Terms (including the Participation Conditions). You shall indemnify us against any and all expenses, losses, claims, damages, and liabilities, joint or several, including, without limitation, attorney's, investigation, legal, court and other out-of-pocket obligations, fees and costs, and costs of being a witness, incurred by reason of, in connection with or arising in part or in whole out of such a Claim.
In the event of a Claim under this Section, we shall be permitted to select legal counsel to in relation to such a Claim. We reserve the right to participate in the proceedings of any Claim subject to indemnification from you, but we shall have no obligation to do so. You shall not settle any such Claim without our prior written consent, which we shall not unreasonably withhold.
In the event that you are involved in a dispute with any third parties, including any users of Your Properties or any other users of the Service, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
You understand and acknowledge that we will charge, on an hourly basis, for any and all time spent responding to any third-party complaints, disputes, claims or actions involving you, Your Properties and/or Advertisements. You agree to promptly pay any and all such amounts.
15. Disclaimer of Warranties and Limitations of Liabilities
Read this section carefully as it limits our liability to the maximum extent permitted under applicable law.
The Service may contain links to third-party websites which are independent of us, including Third Party Properties. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites. We have no right or ability to edit the content of any third party websites. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites.
You expressly agree that your use of the Service is at your sole and exclusive risk. The Service is provided "AS-IS" and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, information accuracy, integration, interoperability and quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Service. Some jurisdictions do not allow the disclaimer of implied warranties, therefore, in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Under no circumstances shall we be liable for direct, indirect incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), including loss of revenue or anticipated profits or lost business, resulting from any aspect of your use of the service, whether, without limitation, such damages arise from (i) your use, misuse or inability to use the service, (ii) your reliance on any content on the service, (iii) the interruption, suspension, modification, alteration or complete discontinuance of the service, (iv) the termination of the service by us, or (v) the temporary or permanent shutdown of your property or other properties participating in the service. The foregoing shall apply regardless of the negligence or other fault of either party and regardless of whether such liability sounds in contract, negligence, tort or any other theory of liability. These limitations also apply with respect to damages incurred by reason of other services or products received or advertised in connection with the service. Some jurisdictions do not allow some limitations of liability, therefore, in such jurisdictions, some of the foregoing limitations may not apply to you.
We do not warrant that (i) the service will meet your requirements or expectations, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from your use of the service will be accurate or reliable, (iv) the quality of any products, services, information, content or other material obtained through the service will meet your requirements or expectations, or (v) any errors in content will be corrected.
Any content obtained through the use of the service is obtained at your own discretion and risk. You are solely responsible for any damage to you, your computer system or other device or loss of data that results from such content.
Your sole and exclusive right and remedy in case of dissatisfaction with the service or any other grievance shall be the termination of your use of the service. Without limiting the foregoing, in no case shall the maximum liability of us arising from or relating to your use of the service exceed $500.
16. Refund policy
All of the payments are refundable according special terms and there are no refunds or credits for already spent amount of money on internet traffic within the platform. Onclicka reserves the right to withhold account balance without refund in case of violation of terms and conditions as well as questionable transactions.
Company reserve the right to refund the remained balance on the account on next terms: Advertiser has six (6) months from the last payment date to ask for a refund of the balance remaining on the account; refund will only be issued for a balance greater than $50; Company may make refund in ninety (90) days; Advertiser will reimburse all processing fees, there is a 10% fee for a refund and the minimal amount of fee is $25; Company may refund payment after deduction used amount according with rates; Advertisers canceled / terminated by Company for violating UAGP Terms are not entitled to a refund. The refund payments are made on the 1st and 16th date each month. The company reserve the right to make a refund through a paid service at its discretion. All funds credited to the account of the Advertiser within the frame of participation in bonus programs or similar actions of Onclicka are non-refundable in any case and subject to the terms and conditions of such programs.
17. Choice of Law and Venue
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Great Britain without regard to conflict of law provisions. For any claim brought by you against us, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the courts located in london, england. For any claim brought by us against you, you agree to submit and consent to the personal jurisdiction in and the venue of the courts in London, England and anywhere else where personal jurisdiction over you can be found.
18. General Terms
Relationship of Parties. No partnership, joint venture, agency, franchise, sales representative or employment relationship is intended or created by these Terms. You have no authority to make or accept any offers or representations on our behalf. You shall not hold yourself out as our agent. You shall not take any action or make any statement that contradicts anything in this sub-section.
Third Party Rights. Nothing in these Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
Merger. These Terms (including those documents incorporated herein by reference), as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
Waiver. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Independent Investigation. You acknowledge that you have read these Terms, including the Transaction Supplements and any additional documentation, and agree to its terms and conditions. You acknowledge that you have independently evaluated the desirability of entering into these Terms and are not relying on any representation, guarantee, or statement other than as set forth in these Terms. You acknowledge that you have the right to review these Terms with your attorney before you enter into it and that nothing herein and no statement by us or any person associated with us has in any way prevented or inhibited you in any way from seeking such advice before agreed to these Terms.
Assignment. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. We may resell, assign or transfer our rights and obligations under these Terms at any time without restriction and without notice to or consent from you.
Notice. You agree that we may provide you with notices by e-mail, regular mail, or postings to the Service. Notice is deemed to be delivered by you when it is sent by us. Except as explicitly stated otherwise, notices to us must be delivered by e-mail to support@onclicka.com and will be deemed to be delivered when actually received by us.
Force Majeure. Neither party shall be held responsible for reasonable delay or failure in performance of any obligation pursuant to these Terms caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war or other causes beyond the affected party's reasonable control.
Construction. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the term "including" is illustrative and not limitative.
Language. If this agreement is translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.