1. General Use
2. Intellectual Property, Digital Millennium Copyright Act and Takedown Notice
2.2 Copyright Act. If you believe that content that you or a third party owns has been used via the Adria Network in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner or the copyright interest;
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where the material that you claim infringing is located on the site in our service;
d) Your address, telephone number, and email address;
e) A written statement by you that you have a good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send all of the above information to:
By mail: Podgorica, 81101 Podgorica, Montenegro
If you don’t send us all required information, your notice/request may not be valid.
2.3 If you believe any of your other intellectual property rights have been violated, please follow the same information and takedown request sent to: email@example.com
2.4 Notice and Takedown. Adria Network does not control the content on its network precisely but random however, we require our advertiser to comply with our Term of Use. Despite various safeguards, Adria Network recognizes that from time to time advertiser content may be in breach of relevant copyright laws, contain references which may be regarded as defamatory, contain false information or be misleading. If you have identified content of this nature, please email firstname.lastname@example.org with the following information:
a) Your contact details
b) The full details of the material in question
c) The URL where you found the material and;
d) The reason for your request e.g. complaint about defamatory content.
Upon receipt of your notification, Adria Network will comply with the following Notice and Takedown procedure:
I) Adria Network will endeavor to acknowledge receipt of your complain by email within 48 hours of receipt.
II) Following confirmation of receipt, Adria Network will commence an investigation to access the validity and plausibility of the complaint. If Adria Network determines that the initial complain may be valid pending further investigation, Adria Network may temporarily suspend or remove a particular campaign from its network.
III) Adria Network may contact the advertiser who is responsible for the content, it relevant. If Adria Network does so, the advertiser will be notified that their content is subject to a complaint, under what grounds and will be encouraged to address the complaints concerned. If relevant, the complaint and the advertiser will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties.
IV) Following the finalization of Adria Network’s investigation, Adria Network may: -allow the advertiser to continue to display the content unchanged; or – permanently remove the content from its network and usually withon 48 hour of Adria Network determining this is the appropriate course of action.
4. Disclaimer of Warranties and Limitation of Liability
Adria Network EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SITE. EXCEPT FOR BODILY INJURY, IN NO EVENT WILL Adria Network OR ITS AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICE, AND THE DATA, WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITES; OR (III) FOR ANY DIRECT DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST Adria Network IS TO DISCONTINUE USE OF THE SITE.
You agree to indemnify, defend and hold harmless Adria Network, its parents, subsidiaries, affiliates, customers and vendors, and their respective officers, directors and employees from any liability, damage, cost, of fees (including reasonable attorneys’ fees) arising from: (i) any claim or demand made by any third party due to or arising out of your access to the site, (ii) your use of the service or site, and/or violation of the terms; (iii) or the infringement by you, or any third party using your Adria Network account, of any intellectual property or other right of any person or entity.
Adria Network, in its sole discretion, may terminate or suspend use of the sites at any time for any reason or for no reason at all, without prior notice or liability to you. All provisions of these terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimer, indemnity, and limitations of liability.
7. Electronic Communications
Please send any questions or concerns regarding these Terms to email@example.com By communicating with us electronically you acknowledge that communications by email are not considered confidential.
Please send all of the above information to: firstname.lastname@example.org
By mail: Marsala Tita 25, 25223 Sivac, Serbia
2.4 Notice and Takedown. Adria Network does not control the content on its network precisely but random however, we require our advertiser to comply with our Term of Use. Despite various safeguards, Adria Network recognizes that from time to time advertiser content may be in breach of relevant copyright laws, contain references which may be regarded as defamatory, contain false information or be misleading. If you have identified content of this nature, please email: email@example.com with the following information:
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING FOR THE Apex Media PUBLISHER ONLINE PROGRAM. PARTICIPATION IN THE Apex Media PUBLISHER ONLINE PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.
This agreement ("Agreement") between You and Apex Media consists of these Apex Media Online Program (the "Program") Standard Terms and Conditions ("Terms and Conditions"). "You" or "Publisher" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
All Ads shall be grouped by Apex Media and displayed to end users of the Property(ies) as ad units (such groups of Ads referred to as "Ad Units") in standard formats as offered generally by Apex Media from time to time, as may be described in the FAQ. You may select a format approved by Apex Media for the display of Ad Units in connection with the Property(ies), but You acknowledge and agree that Ads : (i) shall only be displayed in connection with the Property(ies), each of which is subject to review and approval by Apex Media in its discretion at any time; and (ii) shall be subject to the placement guidelines set forth herein.
You agree not to display on the same Web page in connection with which any Ad Unit is displayed (a "Serviced Page") any advertisement(s) or content that an end user of Your Property(ies) would reasonably confuse with a Apex Media advertisement or otherwise associate with Apex Media. Certain Apex Media services available as part of the Program may contain filtering capability that You may access through Your account. However, if You elect to enable any such filters, You acknowledge and agree that: (i) it is Your responsibility to enable such features in accordance with the specifications provided by Apex Media, and (ii) Apex Media does not and cannot commit that all results will be limited to results elected by enabling such filter(s).
You agree to direct to Apex Media, and not to any advertiser, any communication regarding any Ad(s) displayed in connection with Your Property(ies).
You are solely responsible for the Property(ies), including all content and materials, maintenance and operation thereof, the proper implementation of Apex Media's specifications, and adherence to the terms of this Agreement, including compliance with the Program Policies. Apex Media reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to access Ads, or any engagement in any activity prohibited by this Agreement. Apex Media is not responsible for anything related to Your Property(ies), including without limitation the receipt of queries from end users of Your Property(ies) or the transmission of data between Your Property(ies) and Apex Media.
You shall not, and shall not authorize or encourage any third party to: (i) directly or indirectly generate queries, or impressions of or clicks on any Ad through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (ii) edit, modify, filter, truncate or change the order of the information contained in any Ad or Ad Unit, or remove, obscure or minimize any Ad or Ad Unit in any way without authorization from Apex Media; (iii) frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of an Ad ("Advertiser Page"); (iv) redirect an end user away from any Advertiser Page; provide a version of the Advertiser Page that is different from the page an end user would access by going directly to the Advertiser Page; (v) display any Ad(s) on any Web page or any Web site that contains any pornographic, hate-related, violent, or illegal content; (vi) directly or indirectly access, launch, and/or activate Ads through or from, or otherwise incorporate the Ads in, any software application, Web site, or other means other than Your Property(ies), and then only to the extent expressly permitted by this Agreement; (vii) "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any Ads, or any part, copy, or derivative thereto; (viii) act in any way that violates any Program Policies posted on the Apex Media Web Site, as may be revised from time to time, or any other agreement between You and Apex Media(including without limitation the Apex Media Advertising program terms); (ix) disseminate malware; (x) create a new account to use the Program after Apex Media has terminated this Agreement with You as a result of your breach of this Agreement; or (xi) engage in any action or practice that reflects poorly on Apex Media or otherwise disparages or devalues Apex Media’s reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.
You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in the Program to our support desk. This Agreement will be deemed terminated within ten (10) business days of Apex Media's receipt of Your notice. Apex Media may investigate any activity that may violate this Agreement. Apex Media may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Property in all or part of the Program for any reason. In addition, Apex Media reserves the right to terminate without notice any account that has not generated a sufficient number of valid clicks on Ads or valid impressions of Ads (in each case as measured by Apex Media) for a period of two (6) months or more.
You agree not to disclose Apex Media Confidential Information without Apex Media's prior written consent. "Apex Media Confidential Information" includes without limitation: (a) all Apex Media software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other statistics relating to Property performance in the Program provided to You by Apex Media; and (c) any other information designated in writing by Apex Media as "Confidential" or an equivalent designation. However, You may accurately disclose the amount of Apex Media’s gross payments to You pursuant to the Program.
Apex Media makes no guarantee regarding the level of impressions of Ads or clicks on any Ad, the timing of delivery of such impressions and/or clicks or the amount of any payment to be made to You under this Agreement. In addition, for the avoidance of doubt, Apex Media does not guarantee the Program will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond Apex Media’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 Apex Media(or its wholly owned subsidiaries) or Your servers are located or co-located.
Apex Media MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE PROGRAM, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) Apex Media'S AGGREGATE LIABILITY TO PUBLISHER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY Apex Media TO PUBLISHER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
You shall receive a payment related to the number of valid clicks on Ads as determined by Apex Media for its participants in the Program. In the event the Agreement is terminated, Apex Media shall pay Your earned balance to You within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by You or by Apex Media. Notwithstanding the foregoing, Apex Media shall not be liable for any payment based on any amounts which result from invalid queries or invalid clicks or impressions on Ads generated by any person, bot, automated program or similar device, as reasonably determined by Apex Media, including without limitation through any clicks or impressions (i) originating from Your IP addresses or computers under Your control, (ii) solicited by payment of money, false representation, or request for end users to click on Ads, or (iii) solicited by payment of money, false representation or as a result of any breach of this Agreement by You for any applicable pay period. Apex Media reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending Apex Media's reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that an advertiser whose Ads are displayed in connection with Your Property(ies) defaults on payment for such Ads to Apex Media. To ensure proper payment, You are solely responsible for providing and maintaining accurate address and other contact information as well as payment information associated with Your account. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Program. Apex Media may change its pricing and/or payment structure at any time. If You dispute any payment made under the Program, You must notify Apex Media in writing within thirty (30) days of any such payment; failure to so notify Apex Media shall result in the waiver by You of any claim relating to any such disputed payment.
You represent and warrant that (a) all of the information provided by You to Apex Media to enroll in the Program is correct and current; (b) You are the owner of each Property or You are legally authorized to act on behalf of the owner of such Property(ies) for the purposes of this Agreement and the Program; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. You further represent and warrant that each Property and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not pornographic, hate-related or otherwise violent in content.
You agree to indemnify, defend and hold Apex Media, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Property(ies), and/or Your breach of any term of this Agreement.
You acknowledge that Apex Media owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Program (includingApex Media's ad serving technology), and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Apex Media services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.