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Acceptance of Terms
Welcome, and thank you for your interest in AdVantage Media Africa (“AdVantage Media Africa”, “Company”, “we” or “us”) and our website at advantagemedia.africa, along with our related websites, networks, applications, software, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service (“Terms”) are a legally binding contract between you and AdVantage Media Africa, regarding your use of the Service.
You should read these Terms in conjunction with our Privacy Policy and Cookie Policy, which together with any software license agreement, form our contractual relationship with you (our “Customer” or “User”). The AdVantage Media Africa Privacy Policy and the Cookie Policy are incorporated by this reference into, and made a part of, these Terms.
By clicking “I accept,” or by downloading, installing, or otherwise accessing or using the service, you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound by, the following terms and conditions, including AdVantage Media Africa’s Privacy Policy and any additional terms and policies we may provide from time to time (together, these “terms”). If you are not eligible, or do not agree to the terms, then you do not have our permission to use the service. Your use of the service, and our provision of the service to you, constitutes an agreement by AdVantage Media Africa and by you to be bound by these terms.
Use of Service
The Service provides a digital workspace for groups of people to create, plan, and collaborate on marketing content. You agree to use the Service only for its intended uses and as set forth in these Terms. We may permanently or temporarily terminate, suspend, or otherwise deny your access to the Service without notice or liability, if, in our reasonable determination, you violate any of these Terms, or the spirit or intention of these Terms, including engaging in any of the following specifically prohibited actions:
• Use the Service for any unlawful, infringing, or fraudulent purposes;
• Probe, scan, or test the vulnerability of any system or network used with the Service;
• Tamper with, reverse engineer or hack the Service, circumvent any security or authentication measures of the Service or attempt to gain unauthorised access to the Service (or any portion thereof) or related systems, networks or data;
• Access or search the Service by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
• Overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Service that consumes extraordinary resources, such as by using “robots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser;
• Misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with AdVantage Media Africa or any third party) or access the Service via another user’s account without their permission;
• Promote or advertise products or services other than your own without appropriate authorisation;
• Trick, defraud, or mislead us, any of our Customers, or other users;
• Solicit any users of the Service for commercial purposes;
• Make improper use of our support services or submit false reports of abuse, misconduct, or security breaches;
• Alter, damage, reproduce, modify, publicly display or perform, encode, translate, or create derivative works from, or reverse engineer any portion of the Service or related intellectual property, including its source code, software, and documents, or permit others to do any of the preceding, without our express written consent;
• Loan, lease, sell, license or sublicense, or otherwise commercially exploit any part of the Service without our express written consent;
• Use the Service as part of any effort to compete with us or to provide similar products or services;
• Submit (or post, upload, share or otherwise provide) data, content or other information that (i) infringes AdVantage Media Africa’s or a third party’s intellectual property, privacy or other rights or that you don’t have the right to submit (including confidential or personal information you are not authorized to disclose); (ii) that is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in AdVantage Media Africa’s discretion; (iii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iv) that could otherwise cause damage to AdVantage Media Africa or any third party;
• Use any robot, spider, other automated devices, or manual process to monitor any content from the Service without our express written consent; or
• Permit or encourage anyone else to commit any of the actions above.
Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
Access and User Accounts
You can access the Service via a web browser (Chrome, Firefox, Safari, IE or Edge) at this domain. The Service is SSL (Secure Sockets Layer) enabled and enforced. To access the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You may also upload additional content and information when you create your user profile. When creating your account and profile, you agree to provide accurate and complete information, and you represent and warrant that the content and information you provide will not violate any rights of third parties. You may delete your Account at any time, for any reason, by following the instructions on the Service.
You are responsible for maintaining the confidentiality of your AdVantage Media Africa password and account; you are not permitted to share your account; and you are responsible for all activities that occur under your account, with or without your knowledge. If you believe that your account is no longer secure, then you must immediately notify us by email.
General Payment Terms
Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
Price
AdVantage Media Africa reserves the right to determine pricing for the Service. AdVantage Media Africa will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information.
AdVantage Media Africa may change the fees for any feature of the Service, including additional fees or charges, if we give you advance notice of changes before they apply. We may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Payment Authorization
You authorize AdVantage Media Africa to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by us, to the payment method specified in your account. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscription Service and Cancellation Policy
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize AdVantage Media Africa to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your Account Settings or by contacting us by email.
Delinquent Accounts
AdVantage Media Africa may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
User Content Generally
You are solely responsible for any User Content you post to the Service and the consequences of posting or publishing it. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. User Content means any content submitted, posted, or uploaded by users of the Service.
By submitting, posting, or otherwise uploading User Content to the Service, you grant AdVantage Media Africa a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, display, and perform the User Content in connection with the Service, including without limitation for redistributing part or all of the Service in any media formats and through any media channels, including third-party marketing and advertisements.
AdVantage Media Africa does not endorse any User Content and expressly disclaims any and all liability in connection with User Content. We may, at our discretion, remove or disable any User Content, without prior notice or liability.
Restrictions on User Content
AdVantage Media Africa disclaims any and all liability in connection with User Content. You are responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, intellectual property ownership, or rights to use any and all User Content that you post. You agree not to post User Content that:
For the avoidance of doubt, your User Content may not include, and AdVantage Media Africa may remove or refuse to publish or promote any User Content that violates the terms or policies of any third-party platform with which AdVantage Media Africa’s Services integrate or interoperate.
Intellectual Property Rights in User Content
You retain copyright and any other intellectual property rights you already hold in any User Content that you post. You represent and warrant that any User Content posted by you is original to or owned by you, or you have obtained all necessary permissions and releases for the use of such content, and all content posted by you on the Service does not infringe any copyright or other proprietary or intellectual property right of any other person or entity.
By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content in connection with the Service and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed.
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. AdVantage Media Africa may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against AdVantage Media Africa with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, AdVantage Media Africa does not permit copyright-infringing activities on the Service.
Monitoring Content
AdVantage Media Africa does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that AdVantage Media Africa reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time AdVantage Media Africa chooses to monitor the content, AdVantage Media Africa still assumes no responsibility or liability for the content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
Service Availability and Commitment
Although we strive to provide the most reliable software tools possible, interruptions and delays in accessing the Service are unavoidable. Because computer networks occasionally experience disruptions, we cannot guarantee that the Service will be available to you 100% of the time. We monitor our systems continually, and an engineer is typically available within an hour of service interruptions to take reasonable steps to resolve any reported issue, and we use reasonable efforts to restore service to our users promptly, often within a 24-hour period.
Regular backups of the database are made and retained at regular intervals. If you experience loss of data, we will attempt to restore data from the most recent working backup; however, we cannot guarantee that any lost user or data can be recovered or restored.
Under no circumstances will AdVantage Media Africa or its suppliers be held liable for any damages due to such interruptions or lack of availability.
Proprietary Rights
The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws and AdVantage Media Africa and its suppliers retain all right, title, and interest (including all copyright, trade secret, patent, and other rights) in and to the Service and Content which is included in the Service (other than User Content). If you give feedback regarding the Service, for example recommendations for improvements or features, we have the right to use the feedback in any way and implementation of that feedback is owned by us and may become part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. We also reserve the right to make changes or updates to the Service or Content provided on or through the Service at any time without notice and we will own any such changes or updates (excluding User Content).
You may not:
All brand, product, and service images, logos, and names used in the Service that identify AdVantage Media Africa, our suppliers, or our customers and our or their proprietary products and services are the trademarks or service marks of AdVantage Media Africa, our suppliers, or our customers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of AdVantage Media Africa or such supplier with respect to any such image, logo, or name.
Links to Websites
Our Service may contain links to other websites that we don’t own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
Links to Other Services
Our Service is integrated with and links to other services (“Linked Services”). The integration has been provided for Users’ convenience and, as such, Users access the Linked Services at their own risk. The Linked Services are not under Company’s control, and Company is not responsible for the contents of any Linked Services. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the Company. Without limiting the generality of the foregoing, the Company is not responsible and shall have no liability for any viruses or other illicit code that results from accessing the Linked Services.
Collaborators acknowledge and agree that the functionality of the Linked Services depends on the Customer assigning Users access to the Service. As long as Users utilize Company’s Service and its Linked Services, Users acknowledge and agree that Company shall have access to, and a license to use the content of such Linked Services.
Users acknowledge and agree that they are simultaneously bound by each Linked Service’s terms and policies, which may specify rules and restrictions for posting certain content, and the Linked Services’ practices for using, storing, and facilitating the exercise of certain rights in respect to personal information. Users further acknowledge and agree that they are solely responsible for reviewing and accepting Linked Services’ terms and any liability that arises from or in relation to its breach of any such terms. The terms of each Linked Service, which only apply to the extent a User links or otherwise uses the Linked Service, can be accessed through the following links:
For integrations with third-party services ("Linked Services"), users may be required to verify their credentials periodically. It is the users' sole responsibility to track, refresh, and monitor these credentials. Please refer to our Privacy Policy for more information on managing security settings for Linked Services.
Users acknowledge that Linked Services may modify their features, which may affect the functionality of our Service. AdVantage Media Africa is not responsible for any disruptions to our Service caused by changes to Linked Services.
Indemnification
You agree to indemnify AdVantage Media Africa (including its officers, employees, and agents) against any claims, damages, liabilities, costs, and expenses (including attorney's fees) arising from:
AdVantage Media Africa reserves the right to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding.
Disclaimers
The Service is provided "as-is" and "as available," and to the fullest extent permitted by law, AdVantage Media Africa disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Service will meet your requirements or be uninterrupted, timely, secure, or error-free, or that any errors will be corrected.
Limitation of Liability
To the maximum extent permitted by law, AdVantage Media Africa will not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost data, or costs of procurement of substitute products, arising from or relating to these Terms or your use of the Service. Our liability will be limited to fifty United States Dollars (USD 50). The existence of more than one claim will not increase this limit. Our suppliers will have no liability arising from these Terms.
Term and Termination
These Terms are effective upon your acceptance or first use of the Service and will remain in effect while you use the Service. We may suspend or terminate your rights to use the Service at any time for any reason, including for violation of these Terms. Upon termination, your account and associated User Content may be deleted, and AdVantage Media Africa will not be liable for any resulting losses.
Changes
We may revise these Terms occasionally, and if we make substantial changes, we may notify you via email or by posting a notice on our Service. Changes will be effective thirty days after notification. Continued use of the Service indicates your acceptance of the new Terms.
General Terms