TERMS OF SERVICE FOR SKWAR'S
Welcome and many thanks for visiting and using the website located at http://dashboard.skwar.com (from now and heretoafter referred to as the “Service”), which is owned and provided by SKWAR'S from now on heretoafter referred to as “SKWAR'S”.
Your use and access of the Service is governed by and subject to the following agreements (collectively, the “SKWAR'S Agreements”), applicable to you and your use of the Service:
These Terms of Service (“Master Terms of Service”)
SKWAR'S offers an advertising technology Service (the “Services”) that connects Publishers and Advertisers or Resellers via our online platform and therefore is not responsible for the content, functionality or performance of any Ad or Publisher Property. Instead SKWAR'S offers a web-based technology Service that collects information about how Users use Publisher Properties within the Network and enables Advertisers and Resellers to serve Ads to those Publisher Properties based on specific User Characteristics via the Service.
SKWAR'S reserves the right, in its sole discretion, to modify this Agreement at any time by posting the changes on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such update constitutes your acceptance of the terms and conditions of this Agreement as modified.
SKWAR'S does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to SKWAR'S or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
You represent and warrant to SKWAR'S that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years of age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
If you are a Publisher, Advertiser or Reseller, in order to use certain features of the Service you are required to create a password-protected account (“Account”). It is your sole responsibility to protect your password, control access to and use of your Account, and notify SKWAR'S when you desire to cancel your Account. You are responsible for maintaining the strict confidentiality of your password, and you shall be responsible for any access to or use of your Account, including any fees, costs, or expenses incurred or accumulated as a result of such use, by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify SKWAR'S 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. SKWAR'S will not be liable or responsible for, and you hereby waive any claim against SKWAR'S in connection with, any loss or damage arising from your failure to comply with this provision.
The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Website is protected by copyright as a collective work and/or compilation, pursuant to German copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from SKWAR'S or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Website without SKWAR'S’s prior written consent.
Under no circumstances will SKWAR'S be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without SKWAR'S’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of SKWAR'S; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. SKWAR'S reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if SKWAR'S is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any SKWAR'S user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly prohibited. You will not decompile or reverse engineer (other than as permitted by applicable law), or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
SKWAR'S has no special relationship with or fiduciary duty to you. You acknowledge that SKWAR'S has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release SKWAR'S from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. SKWAR'S makes no representations concerning any Content contained in or accessed through the Services, and SKWAR'S will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
As a condition to using some aspects of the Services, you may be required to register with SKWAR'S and select a password and user name (“User ID”). You shall provide SKWAR'S with accurate, complete, and updated registration information, including your email address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. SKWAR'S reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold SKWAR'S, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKWAR'S OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND SKWAR'S’S REASONABLE CONTROL.
The Services may contain links to third party websites that are not owned or controlled by SKWAR'S, or the Services may be accessible by logging in through a third party website or service; for example, you may access the Services through Facebook by using its “Facebook Connect” functionality. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. SKWAR'S has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, SKWAR'S will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless SKWAR'S from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SKWAR'S shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that SKWAR'S is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SKWAR'S, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Website. SKWAR'S may terminate your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. SKWAR'S may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable, including any outstanding virtual currency balances. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. SKWAR'S shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SKWAR'S’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with SKWAR'S’s prior written consent. SKWAR'S may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Lower Saxony, Germany without regard to the conflict of laws provisions thereof.
For all other users residing outside the European Union, any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Hannover, Germany in accordance with the Arbitration Rules and Procedures of DIS-Schiedsgerichtsordnung then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the German Federal Courts located in the Germany, and you hereby waive any right you may have, either now or in the future, to institute a claim in any other jurisdiction or venue. Except as required by applicable law, both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind SKWAR'S in any respect whatsoever..