Terms and Conditions of Use AdSecure

1. Acceptance of the Terms of Use

Upon your acceptance of the Subscription Form, in paper or online, you also accept these Terms and Conditions of Use (“Terms of Use“) which are binding between you and AdSecure Limited (“AdSecure” or “we”).

The following Terms of Use govern your use of the Services offered by AdSecure (the “Services”) through the Website www.adsecure.com (the “Website”) described in clause number two.

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use, our Legal Notice, found at https://www.adsecure.com/legalnotice, and our Privacy Policy, found at https://www.adsecure.com/privacy. If you do not want to agree to these Terms of Use or the Legal Notice or the Privacy Policy, you must not sign the Subscription Form in paper or online nor access or use the Services through the Website.

2. The Services

The object of AdSecure is the fraud detection and monitoring services all in the field of digital advertising.

The Services provided by AdSecure include the following:

  • Intelligent Scanner: Our crawling technology allows you to automatically scan ad tags and landing pages for non-compliance and malware in real-time.
  • Save Time & Resources: Quick to set up with automatized scanning and user-action simulation to emulate visitor interaction with websites.
  • Multi-Targeting: Uses behavioral targeting techniques and checks from multiple browsers, devices and locations.
  • Safeguard Your Audience: Protect your users and your reputation by stopping non-compliant ads and landing pages.
  • Instant Alerts: Generates real-time notification alerts through intelligent threat analysis.
  • Alert reports: Each alert features a comprehensive report listing all malicious links.

The Services are provided on a non-exclusive basis, solely for your commercial purposes. Therefore, you cannot license, sub-license, resell or commercialize the Services to third parties in any way.

AdSecure shall commence providing the services on the Effective Date.

3. Member account, password and security

You are responsible for:

  • Making all arrangements necessary for you to have access to the Services offered through the Website.
  • Ensuring that all persons who have access to the Services using your internet connection are aware of these Terms of Use and comply with them.

 

To access the Website or some of the resources it offers and in order to use our Services, you may be asked to provide certain registration details or other information. It is a requirement of your use of the Website that all the information you provide on the Website is correct, current, and complete. You shall keep such information up-to-date. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy located at https://www.adsecure.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify AdSecure immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.

In case you are a direct competitor of form part of a group of companies with a direct competitor of AdSecure we reserve the right not to provide you with any of our Services or to disable your account at any time.

4. Publicity

AdSecure may display your name and logo in AdSecure’s website and other marketing materials solely for the purpose of indicating that you are a customer of AdSecure.

5. Prohibited Uses related to the use of the Services

Except as set forth expressly herein, you shall not, and shall not permit any third party, to:

  • Modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the AdSecure Service, or any other software or documentation of AdSecure, or create or attempt to create a substitute or similar service or product through use of or access to the AdSecure Service or proprietary information or materials related thereto.
  • Provide, transfer or make available the Services (or any application interface made available by AdSecure) to any third party or make the Services available to any third party.
  • Bypass any security measure or access control mechanism of the Services.
  • Resell or otherwise distribute for financial consideration any information provided by AdSecure.
  • Engage in any activity that disrupts the Services.
  • Scrape any information or content made available by AdSecure for use in another product or service.
  • Generate queries, or impressions of or click on ads through any deceptive, fraudulent or other invalid means (including click spam, robots, macro programs, and Internet agents) except in the case of Security Services whereby you agree to restrict any of the aforementioned activities solely for the purpose of security and analytics;
  • Encourage or require end users to click on Ads through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent.
  • Send content or messages to third parties.
  • Post or upload content to third party websites or servers.

6. Generated Reports

The Services provided by AdSecure generate reports as the result of the Services. The reports generated through the use of our Services track everything (redirections, advertising, other providers, etc.). The reports are for your exclusive use only. You can only share the reports in case it is strictly necessary in relation to your business and in such case, you shall always review and control not to produce any harm and be responsible for the sharing of such information.

7. Reliance on Information contained in the generated Reports

The information presented on our reports  is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

8. Links from the generated Reports

If the generated reports contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites that appear in the generated reports, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9. Materials provided by you

In the course of the Services, you may provide AdSecure with certain materials. If you receive verification Services from AdSecure, you shall provide AdSecure with applicable Internet URLs or advertisement tags. You represent that you are permitted to provide AdSecure with such materials in order for AdSecure to provide the Services, and that the provision of such materials to AdSecure or the receipt of the Services shall not breach any agreement between you and a third party. AdSecure shall have no responsibility or liability in the event you provide AdSecure with incorrect URL or tag information. AdSecure may provide functionality that allows you to make information (or Internet sites providing information) from the Services available to third parties. You shall not distribute such information in breach of applicable law or in violation of its agreements with third parties.

10. Data protection

AdSecure has a Privacy Policy in its Website, located at https://www.adsecure.com/privacy, which explains the use we make of personal data that you provide to us or that we gather from you and the measures we take to protect your privacy. The Privacy Policy also details how you may request that we amend or delete your personal data from our records as well as how to request that we cease all contact with you.

Each party warrants to the other that, during the term of this Terms of Use, it shall comply with all applicable rules and regulations (including but not limited to laws governing privacy, and data protection).

11. Confidentiality and Privacy

AdSecure or you (the “Disclosing Party”) may disclose to the other party (the “Receiving Party”) certain confidential information regarding its technology and business (“Confidential Information”). Receiving Party agrees to keep confidential and not disclose or use any Confidential Information of the Disclosing Party except to support its use of the Services.

Confidential Information shall not include information that Receiving Party can show:

  • Was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information.
  • Was received by Receiving Party from any third party without restrictions.
  • Is publicly and generally available, free of confidentiality restrictions
  • Is required to be disclosed by law, regulation or court order or to cooperate with a law enforcement investigation, provided that, to the extent permitted under applicable law, Receiving Party provides Disclosing Party with prompt notice of such requirement and reasonably cooperates with Disclosing Party (at the expense of Disclosing Party) in order to challenge such requirement.

 

Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein.

All information regarding the technology of the Services shall be deemed the Confidential Information of AdSecure.

Notwithstanding the foregoing, AdSecure may use aggregate anonymized data that does not identify either you, any Advertisement, or any campaign (“Aggregate Data”) for AdSecure’s own purposes, such as improving the Services or creating case studies.

AdSecure may provide Aggregate Data to third parties on commercial terms to be determined by AdSecure.

You shall have all responsibility for posting a privacy policy describing the privacy and data collection practices described, to the extent required by applicable law or regulation. For further information about how AdSecure collects and uses data, please review AdSecure’s Privacy Policy, a current copy of which is available at http://www.adsecure.com/privacy.

In addition to all the above, AdSecure expressly commits not to transfer, share, provide access to or use any of the Confidential Information disclosed or any of the personal data gathered with any company of the group of companies AdSecure belongs to.

12. Service Levels

AdSecure will use its commercially reasonable efforts to ensure that the aggregate uptime of the Services equals or exceeds 99% (the “Uptime Commitment”). AdSecure’s system logs will be used to track uptime.

AdSecure does not guarantee the Services will be operable at all times or during any down time:

  • Caused by outages to any public Internet backbones, networks or servers.
  • Caused by any failures of your equipment, systems or local access services.
  • For previously scheduled maintenance.
  • Relating to events beyond AdSecure’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where AdSecure or its servers are located.

13. Disclaimer of Warranties

You understand that AdSecure cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. ADSECURE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ADSECURE NOR ANY PERSON ASSOCIATED WITH ADSECURE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ADSECURE NOR ANYONE ASSOCIATED WITH ADSECURE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ADSECURE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation on Liability

IN NO EVENT WILL ADSECURE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, CONSULTANTS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT IN THE GENERATED REPORTS INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE AGGREGATE LIABILITY OF ADSECURE FOR THE PROVISION OF THE SERVICES OR FOR THE ARRANGEMENT CONTEMPLATED HEREIN SHALL NOT EXCEED PAYMENTS ACTUALLY RECEIVED BY ADSECURE FROM CLIENT HEREUNDER.

15. Indemnification

You agree to defend, indemnify and hold harmless AdSecure, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services.

16. Governing Law and dispute resolution

This Agreement shall be governed by and interpreted in accordance with the laws of Spain.

For any matter related to the interpretation or execution of this Agreement, the parties expressly waive to submit to any courts which might have jurisdiction over the subject matter, and agree to submit to the sole competence and jurisdiction of the Courts of the City of Barcelona.

17. Waiver and Severability

No delay or failure by either party to exercise any right or remedy under this Terms of Use will constitute a waiver of such right or remedy. All waivers must be in writing and signed by an authorized representative of the party waiving its rights. A waiver by any party of any breach or covenant shall not be construed as a waiver of any succeeding breach of any other covenant.

 

Should any of the provisions of this Terms of Use be adjudged invalid or unenforceable by the rules and regulations of Ireland or an Irish court, such provisions shall be deemed several from the remainder of this Terms of Use and not affect the validity or enforceability of the remainder of this Terms of Use. In that case, such provisions shall be changed and interpreted to achieve the purposes of those provisions as much as possible within the extent of relevant laws or judgment of the court.

18. Entire Agreement

These Terms of Use, the Subscription Form, the Legal Notice, the Privacy Policy and any other Annex constitute the entire agreement between the parties and supersedes all previous agreements, oral or written, with respect to the subject matter of this agreement.

19. General Provisions

19.1. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in these Terms of Use will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website. Your continued use of the Services following the posting of updated Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

19.2. Changes of the Services offered

AdSecure may update or modify the Services offered from time to time.

19.3. Assignment

AdSecure is hereby authorized to assign, sublicense, delegate or otherwise transfer any of its rights or obligations under these Terms of Use without the prior written consent of the other party provided that the assignee shall assume all rights and obligations under these Terms of Use.

19.4. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person (including by internationally recognized commercial delivery service), and on the day the notice is sent when sent by verified facsimile or email with confirmation receipt, if the time of transmission is during recipient’s business day, or if not on the next business day thereafter, in each case to the respective parties at the postal or email addresses provided by the them in writing. Either party may change its address by providing the other party with written notice of the change in accordance with this section.

19.5. Relationship of Parties

The parties are independent contractors and will have no right to assume or create any obligation or responsibility on behalf of the other party. Neither party shall hold itself out as an agent of the other party. These Terms of Use will not be construed to create or imply any partnership, agency, joint venture, representative relationship or formal business entity of any kind.

Last Updated January 19, 2018