Terms of Service
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE IN ANY MANNER.
Effective date: 05/20/2019
Welcome to Campaign Ad-Cloud®. These Terms of Service (“Terms”) govern your use of our website at www.campaignadcloud.com (the “Website”), but they don’t govern your use of our data analysis products and services (collectively, our “Services”), even though those Services may be available through a login page on the Website. Use of the Services is governed by a different agreement.
These Terms are a binding contract between you and Dariam Group LLC d/b/a Campaign Ad-Cloud (“Campaign Ad-Cloud,” “we” and “us”). Your using the Website in any way means that you agree to all of these Terms. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Website. If you use the Website after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. If you have any questions, comments, or concerns regarding these terms or the Website, please contact us at email@example.com.
What about my privacy?
Do not use or otherwise interact with the Website in a way that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including Campaign Ad-Cloud);
Violates any law or regulation, including any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Website, or that otherwise interferes with the proper working of the Website;
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Website (through use of manual or automated means);
Copies or stores any significant portion of the Website;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Website.
Do I have to grant any licenses to Company or to other users?
Copyright and Trademarks
Campaign Ad-Cloud is the owner or authorized user of any trademarks, registered trademarks, service marks, copyrightable material, and other intellectual property, including but not limited to any and all graphics, text, user interfaces, photographs, visual interfaces, sounds, art, music, computer code, and screens appearing on the Website (collectively, “Website Content”). By placing the Website Content on the Website, Campaign Ad-Cloud does not grant you any license or other authorization to use the Website Content. You may view, print, and download portions of the Website Content solely in connection with your use of the Website and for your own personal use. Campaign Ad-Cloud reserves the right to revoke this authorization at any time. Reproduction, copying, or redistribution of the Website Content for commercial purposes is strictly prohibited without the express written consent of Campaign Ad-Cloud. If you print or copy any Website Content, you agree not to change or delete any proprietary notices or trademarks from such Website Content.
Except as set forth herein, you are not permitted to modify, transmit, copy, reproduce, distribute, transfer, publish, license, create derivative works from, use on any other website or sell any Website Content. You may not view, copy, reverse engineer, decompile, disassemble, or otherwise attempt to examine the Website source code. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website, by hacking or any other illegal means.
You may use information about Campaign Ad-Cloud’s services, such as whitepapers or similar articles, that Campaign Ad-Cloud makes available for downloading from the Website, provided that you agree not to (a) amend any of the information; (b) change or delete any proprietary notices or trademarks from such information; and (c) use such information only for your personal, non-commercial use and do not copy or post such information on any media.
Who is responsible for what I see and do on the Website?
Any information or content publicly posted or privately transmitted through the Website is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. You hereby release us from all liability for you having acquired or not acquired Content through the Website. We can’t guarantee the identity of any users with whom you interact in using the Website and are not responsible for which users gain access to the Website. You are responsible for all Content you contribute, in any manner, to the Website, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Website.
If there is a dispute between participants on the Website, or between users and any third party, you agree that Campaign Ad-Cloud is under no obligation to become involved and you release Campaign Ad-Cloud, its officers, employees, agents, and successors from claims, demands, and damages 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. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
You agree to indemnify and hold Campaign Ad-Cloud, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, damages, losses and expenses (including attorneys’ fees) arising from or related to your use of the Website and/or your violation of these Terms.
We may suspend or discontinue any part of the Website, and we reserve the right to remove any Content from the Website at any time, for any reason and without notice.
What if I want to stop using the Website?
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes.
Governing Law and Jurisdiction
These Terms are governed by and will be construed under the laws of the State of Indiana, without regard to the conflicts of laws provisions thereof. Campaign Ad-Cloud and you hereby consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Marion County, Indiana, or the Southern District of Indiana.
What else do I need to know?
These Terms are governed by and will be construed uWarranty Disclaimer. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE WEBSITE AND CONTENT ARE PROVIDED BY CAMPAIGN AD-CLOUD ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL CAMPAIGN AD-CLOUD (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE IN CONNECTION WITH THE WEBSITE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE HUNDRED DOLLARS ($100) (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Campaign Ad-Cloud agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Campaign Ad-Cloud, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms (provided that if you are (or become) a party to an Agreement with Campaign Ad-Cloud with respect to your use of the Services (the “Master Services Agreement”), the Master Services Agreement remains in full force and effect with respect to the subject matter thereunder). You are not an employee, agent, partner, or joint venture of Campaign Ad-Cloud, and you do not have any authority of any kind to bind Campaign Ad-Cloud in any respect whatsoever. There are no third party beneficiaries intended under these Terms.
Last updated: 05/20/2019 under the laws of the State of Indiana, without regard to the conflicts of laws provisions thereof. Campaign Ad-Cloud and you hereby consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Marion County, Indiana, or the Southern District of Indiana.