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You expressly agree that by using the Bannercockpit Platform (“Product”) by coUNDco AG (“Company”), you hereby acknowledge your consent to be automatically bound by these terms and conditions and privacy policy. You agree that these terms and conditions shall be the primary document which will govern your use of the platform or the services of the Company. In case of any conflict between these terms and conditions and any other document or terms contained on this website, the former shall prevail.

With this, you are highly encouraged to read these terms before you use the Product or any of the services of the Company. If you do not agree in any way with any of these terms, then you are highly encouraged to stop the use of the Product or any of the Company’s services.

You acknowledge that the Company has the full right to change its terms and conditions and privacy policies without the need of any prior notice to you. However, in its sole discretion, the Company may decide to notify you anyway of any amendments in the medium of its choosing. You hereby agree to be expressly bound by any amendments to these terms and conditions, and further acknowledge that the responsibility of reviewing and updating yourself with any changes in these terms falls on you.

By using this website, you hereby expressly release the Company from any liability which may arise from your usage of this site or its services.

Website Use and Service

The Company primarily offers a service where you can create banner ads, either from scratch or through the aid of existing templates and materials, and  then distribute the same through delivery networks in one content management system. With this, the Company gives you a non-exclusive, and non-transferable, revocable limited license to utilize the service or content management system offered by the Company to create and distribute your ads.

By using the Product, you expressly warrant and agree that you are at least 13 years of age, and possess full contractual capabilities to be bound by these terms and conditions and privacy policy. Your also agree that the Company has the sole discretion to retain, accept, or disallow any of its users, or even to set policies regarding the requirements for user registration. The Company also has the prerogative to determine on which devices its site and services can be offered, and also to choose which countries can actually avail of the site's services.

Intellectual Property

You hereby guarantee and warrant that you have the full intellectual property rights to any content which you may post, upload, or introduce to the site such as, but not limited to, images, writings, documents, logos, slogans, designs, videos, links and files, and agree that you will endeavor not to use any unauthorised content with the services of the site which you do not have any right or permission to. 

You will likewise own the intellectual property to any works, banners or designs which you may have created through the services of the site, and the Company claims no ownership over such. With this, and so that the delivery networks in conjunction with the services of the Company can distribute your banner or content,  you agree to give the Company, or its third party affiliates and delivery networks, a non-exclusive, royalty-free, limited, fully paid, and universally applicable license to utilize, delete, modify, publish, translate, or even convert your submitted content, and to distribute such to various media and channels in the Internet.

You hereby release the Company from any claims, damages, or any possible infringement arising from any content which you may have uploaded, or any works which you may have created or published through the site, and further agree that you will defend and indemnify the Company for any claims or liability, threatened or otherwise, which it may face due to your uploaded or published content.

As a user, you hereby expressly agree not to post any obscene or defamatory content on the site (Note to Edward: please check the google adwords Terms and conditions as an inspiration what can and what cannot be published, for example section 5 in https://adwords.google.co.uk/select/tsandcsfinder where they also mention infringing intellectual property, threatening, malicious, harmful etc.) . You acknowledge that the Company has no responsibility to monitor, censor, or restrict any of your uploaded content, and as such, you agree to solely accept full responsibility for any damages or liabilities arising from your content. Moreover, you also agree to fully defend and indemnify the Company for any claims or liability arising from any obscene or defamatory content which you may have posted or uploaded, or distributed.

In any case, you acknowledge that the Company has the absolute right, in its sole discretion, to alter, modify, or remove any of your uploaded content on the site, without the need of any prior permission or notice to you.

User Behavior

You agree that any participation which you will have with the site, the Company, or any of its directors, agents, or employees, shall only be for  legitimate and moral purposes. You agree that you will not engage in any conduct which is illegal or immoral.

As such, you agree not to engage in the following types of conduct:

  • upload any defamatory, obscene or sexual content
  • upload any discriminatory content, threats, or hatred against any race, religion, cause, gender, age or disability.
  • Introduce any viruses, codes, or programs which aims to hack, destroy, impede or exploit either the Company, other users, or their data.
  • upload any content which infringe on the rights of other individuals
  • use the site as a means to propagate any spam or annoying messages, or even junk or snail mail.
  • use the site as a means to stalk or threaten individuals or other users
  • use the site in order to exploit the intellectual property of other individuals or users
  • any other acts which are unlawful or immoral, or are analogous to those mentioned

Information And Platform Content

You agree that any information or content on this site is made available to you on an “AS IS” basis, and as such, the Company makes no representations, guarantees, or warranties regarding the accuracy, reliability, or correctness of any content, or even the originality, or intellectual property ownership of any content, text, images, designs, or templates provided on the site, and you agree to release the company from any liability which may arise from your use of these content.

 

You further agree to release the Product and the Company from any loss on your part, directly or indirectly, which might happen during your use of the Product, or upon your reliance or interaction with any of the features, services, content, or users on the site, or any interruptions in the availability or even substandard performance of the site, technical difficulties, hacking incidents, viruses in the website, or any non optimal performance due to server, software, or hardware issues.

 

Payments, Refund Policy and Authorization

 

You expressly agree that any payments made by you to the Company, or which have been charged to you either by the Company, or its third party payment facilities, are absolutely non-refundable in nature. Despite this, and only in its sole discretion, the Company may choose to refund any of your payments, whether made directly or on escrow.

 

You agree that your usage of this Product amounts to an authorization from your part to directly authorize the Company or its third party payment facilities in this site, to charge you for payments, whether directly, indirectly, or on escrow, and to collect your payment details.

 

Account Registration, Suspension, or Termination

 

You will have the option to register as a user of the site, which may or may not be required by the Company as a precondition for the usage of the site, or any of the services listed therein. With this, you hereby acknowledge that the full responsibility of keeping your account registration and login details secure at all times is solely yours, and that you will notify the Company immediately in case your account has been hacked, modified, or compromised in anyway. Should you have successfully and timely notified the Company with regard to a compromised account, you agree that this shall not be construed as passing any responsibility or duty to the Company to change your details, or prevent any damage to you or your account, and you hereby release the Company from any liability or claims arising from events of your account registration or any compromise thereof.

 

You hereby agree that the Company may choose to either suspend or terminate your account for any acts which it deems as constitutive of breach of these terms and conditions or privacy policy, or for acts which it thinks, in its sole discretion, are immoral or illegal. You also agree that the Company may even suspend, delete, or terminate your user registration or works without the need of any particular reason.

User Indemnity

 

By using this website, you expressly agree to indemnify the Company for any possible damages, losses, or liability which may arise shall you breach any laws, or any of these terms and conditions. Furthermore, you promise to shoulder any costs of any dispute, arbitration, litigation, attorney's fees, or any expenses incurred by the Company arising from such acts.

 

Limitation of Liability

 

You agree that in no case shall the Company be liable to you for any incidental, direct or indirect  losses, liabilities, or damages which may arise on account of your use of the site or its services. Should this limitation of liability be deemed limited by the Courts of law, you hereby expressly agree that the maximum liability of the Company for all your losses shall be  CHF 1000.

 

Warranty

 

You agree that you have the sole responsibility for any of your uploaded content, actions, or activities in relation to the site of the Company, including their legal consequences. You agree that the Company has no fault, liability, or any responsibility for any of your actions, or even the actions of other users, or the distribution network which publishes and distributes your content.

 

Links

The Company, for your convenience, retains the right to place links on its website as it sees fit. These links may lead to third party websites whose operations, services, and terms are beyond the Company's control. You therefore release the Company from any danger, loss, or damage which you may incur by visiting such links.

 

Jurisdiction and Venue

 

The interpretation and any dispute or action in relation to these terms and conditions shall be governed by the laws of Switzerland to the exclusion of other forums. If the site or Company delays its action to enforce any right arising from these terms, it shall not be construed as a waiver or negligence to enforce those rights.

Privacy Policy

Through your usage of the site or the services listed therein, or as a consequence of the features of the site which are integrated with various delivery networks who can disseminate or publish your banners, your user information is collected in one way or another. You hereby absolutely agree to release the Company from any liability arising from the collection, dissemination, or distribution of your  information. Your mere usage of this site means that you agree to this Privacy Policy, and to be bound by any amendments made therein.

  1. In using the product or the services of the Company, you may be required to create a user registration, or even to use or link your social media accounts. You hereby acknowledge that the site, its third party affiliates or distribution networks, have the full authority to utilise, store, and collect your information either from your user registration or from your social media sites, and this information may include your contact details, name, location, or any other personal information. You agree to hold the Company, or its third party affiliates or distribution networks, harmless from any liability arising from the collection, storage or utilization of these types of your information.
  2. You likewise agree to allow the site, the Company, or its third party affiliates or distribution networks, to save and collect your log data or geographic location as you are using the site. This log data is comprised of your browser information, or any information which may be given by your device through your usage of the website. You expressly hereby agree to authorise the site or its third party affiliates or distribution networks in the collection of your analytics data, IP address, behavioural data, cookies, landing pages visited, time of visit, and any and all such data which it sees fit to be collected.
  3. For a better user experience regarding the site of the Company, it is recommended that you turn on your Cookies. By using the website, you hereby expressly agree for the site, the Company, or its third party affiliates or distribution network to utilize your cookies, and to place them in your computer or device.
  4. You agree that the site, the Company, or any of its third party affiliates or distribution networks reserve the right to use your information collected, whether in these Terms and Conditions, Privacy Policy, or from whatever source, in order to transmit particular demographics, or marketing identities or indicators, for transactions involving its partners or affiliates. You also allow the same parties to send you promotions and advertisements, in whatever form or medium, which it thinks will interest you on the basis of your collected information.
  5. For payment purposes, you agree that the Company, or its installed third party payment facilities, may require the collection of your address, full name, credit card, banking, or other sensitive details. Your usage of this site means that you completely agree to authorize the Company, or its installed third party payment facilities, to collect your payment information, and correspondingly charge you for payments. Likewise, your usage of this site means that you completely authorize the Company to enforce and charge any payment against your credit card, bank, or other payment details. You hereby expressly release the Company, or its installed third party payment facilities, against any loss or unauthorised payments charged to you on account of any error, system breach, or hacking of your payment information.
  6. You agree and acknowledge to release the site, the Company, or its third party affiliates or distributor networks from any loss, damages or liability arising from the use of your personal information.
  7. Delivering banners to end users will not result into collecting any personal nor will the platform conduct any targeting or retargeting activities. You hereby acknowledge that if you are viewing banners through the Product, no personal data will be stored or tracked in any way.

Managing Cookies

You may choose for your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. If you decide to do so, you may want to block all cookies from the *.bannercockpit.com domain. More information on how to block cookies can be foundhere.

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