KADAM User Agreement
Please read this User Agreement carefully before using the Service. This Agreement is an official public offer, and is addressed to persons, which use the KADAM Service (hereinafter referred to as the “Service”).
The public offer comes from KADAM SIA (Latvia) and is subject to the law of the Republic of Latvia.
For convenience, the Agreement refers to the following cases:
- KADAM SIA is referred to as «Kadam», «Company», «We»;
- persons which use the Service are referred to as «User», «Users», «You»;
- KADAM SIA and persons, which use the Service are referred to separately as a «Party» and together as «Parties»; and
- User agreement is referred to as «Agreement»
If you use this Service, you agree to comply with all terms of the Agreement. If you do not fully or partially agree to the Agreement, you must immediately stop using the Service. You confirm that you are acquainted and fully accept all the terms and conditions of the Agreement, committing any actions that mean the use of the Service. Continuing to use the Service after any changes to this Agreement have been made, the User confirms his agreement with all the terms of this Agreement.
The User has no right to use the Service in case of disagreement with any of the provisions of this Agreement.
You confirm your validity and acceptance of the terms of the Agreement in full when you start using the Service or go through the registration procedure. Registration on the Site is considered a full and unconditional acceptance (agreement leading to the conclusion of the contract) with all the provisions of the Agreement. The phrase “all provisions of the Agreement” also includes all additional terms posted on the Company's website or between the parties, policies regarding the services provided to you, additional features of the Service and confidentiality, which are considered an integral part of this Agreement.
1.1. «Advance payment» – means the funds deposited to pay for services before they are executed, which are displayed on the Advertiser’s Account balance.
1.2. Audience – means a group of visitors of the Site, which may be an Advertiser’s alleged target audience
1.3. «Showcase of offers» – means the Service tool that allows you to view all existing offers of the other owners, and also quickly create Advertising campaigns based on them.
1.4. «Internet resource» or «Site» mean the collection of tools and electronic (digital) information designed for the publication of materials on the Internet and displayed in the specific text, graphics or audio form. The Internet resource has a unique electronic address (name), which allows you to identify and access the Internet resource.
1.5. «Traffic source» means the information channel connected to the Service, which the Audience uses to move through to the Advertiser's Site.
1.6. «Advertising/Advertisement» means information about a person, product, service, distributed in any form and in any way, and intended to generate or maintain awareness of the consumers and their interest in such a person, product or service, which corresponds to Section 11 of this Agreement, as well as to the legislation of the Republic of Latvia.
1.7. «User» means an individual who is competent in accordance with the current legislation of the Republic of Latvia , as well as the state, which he is a resident of; that is registered, and acts in the manner specified by this Agreement and fully accepts all of its terms.
1.8. «Advertising Campaign» means a purposeful system of advertising events planned within the framework of the Service in order to achieve the specific marketing goal of the Advertiser, in a specified period of time.
1.9. «KSA advertising campaign» or «KSA campaign» means the advertising campaign which takes the payment for services that are made for useful actions conducted with the posted Advertising.
1.10. «Advertiser» means the User who wishes to conduct, conducts at the moment, or has conducted an advertising campaign when using the Service.
1.11. «Service» means a software and hardware complex owned by the Company, which provides transmission and reception for posting of information materials from the User during creating advertising announcements and recording the fulfillment of the mutual obligations by the Parties.
1.12. «User Account (Account/Personal Cabinet/Personal Account)» means a set of data about the User stored in the Service, which is necessary for its identification, as well as the web interface provided to the User for using the Service and granting access to his personal data and settings. The account is created as a result of the User registration.
2. SUBJECT MATTER OF THE USER AGREEMENT
2.1. The Company provides the User with the opportunity to use the Service and the Site, which access is carried out using the domain name (address):kadam.net This Agreement also regulates the use of tools for conducting Advertising campaigns or placing Advertisements. The User gains the access through the entrance to the Service and is its integral part.
2.2. The Agreement can be changed by the Company without any special notification; the new version of the Agreement comes into force from the moment of its posting on the Internet. The User is obliged to review this Agreement periodically for its update and in case of disagreement with any new terms of this Agreement, stop using the Service immediately.
2.3. The Service, as well as the Company’s services, is available only to individuals who have legal capacity according to the legislation of the Republic of Latvia , and also the national legislation of the country of the individual’s residence. If your legal capacity is not enough to form a contract, please do not attempt to register or use the Service.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Company is entitled:
3.1.1. to make changes and/or supplements to the terms and conditions hereof and any additional conditions unilaterally without obligation to notify Users of making such changes and/or supplements, but provided that the new edition of the Agreement is to be posted on the Service and notification of changes/supplements to the terms and conditions is to be placed on the main page of the Site's Service;
3.1.2. to cease or suspend the functioning of the Service or any its part, to change the whole Service or a part of it, without prior notification of the User, to make changes of the information on the Company placed in the Service;
3.1.3. to carry out preventive works to maintain the serviceability and improve the Service;
3.1.4. to establish and/or change unilaterally the price of Services at its discretion by publishing a new price in the Service;
3.1.5. to change the list of or terminate the provision of Site's services;
3.1.6. to collect and organize data for collecting statistics;
3.1.7. to send e-mails and/or SMS messages to the User that contain the information about the Service, the Company's services or information about advertising, etc.;
3.1.8. to use User's advertisements, related content and information for the Company’s marketing or advertising purposes;
3.1.9. to write-off the Advertiser’s Advance payment as a punishment for violation of this Agreement in the cases established herein;
3.1.10. to send a warning to the User, to restrict, suspend access to the Account, restrict or disallow the access to the Service, and take technical and legal measures to ensure that the User cannot use the Service in case of:
і. obligation pursuant to a binding decision of the regulatory authorities;
іі. revealing the fact of violation by the User of the terms and conditions of this Agreement and/or the requirements of the current legislation;
ііі. execution of actions, by the User, which resulted or may result in a damage to the Company's business reputation;
іv. the events specified of Section 4 of this Agreement.
3.2. The User is entitled:
3.2.1. to provide the wishes and/or suggestions for improving the work of the Service for Company’s consideration;
3.2.2. to receive information about the Company in the amount determined by the Agreement and the current legislation of the Republic of Latvia;
3.2.3. to contact the Support service if necessary, as well as in cases specified in this Agreement;
3.2.4. to receive services and use the Service under the terms and conditions hereof.
3.3. The User is not allowed:
3.3.1. to upload, send, transmit or in any other way post and / or distribute content violating the requirements of Section 5 hereof;
3.3.2. to violate the rights of third parties, including minors, and/or harm them in any form;
3.3.3. to impersonate another person or representative of the organization and/or community without sufficient rights, including impersonating Kadam's employees, forum moderators, the owner of the Site, and to use any other forms and methods of illegal representation of others in the network, as well as deceive other Users or the Company regarding the characteristics of any subjects or objects;
3.3.4. to upload, send, transmit, post and/or distribute content, in the case of absence of rights to such actions pursuant to acts of legislation or any contractual relationships;
3.3.5. to download, send, transmit or distribute advertising information without legal basis, spam (including those engaging a search engine), list of e-mail addresses provided that the latter are not belonging to the User, financial pyramid schemes, multi-level (network) marketing (MLM), and to use the Service in order to participate in such events, or use the Service only for redirecting the audience to pages of other domains;
3.3.6. to upload, send, transmit or distribute any materials that contain viruses or other pieces of computer code, files or programs designed to violate, destroy or limit the functionality of any computer or telecommunication equipment or programs, for unauthorized access, as well as serial numbers to commercial software products and programs, for their generation, logins, passwords and other means, for obtaining unauthorized access to sites on the Internet, as well as links to the abovementioned information;
3.3.7. to carry out unauthorized collection and storage of personal data of individuals;
3.3.8. to violate the regular operation of the Service;
3.3.9. to promote actions related to violation of the restrictions and prohibitions specified in this Agreement;
3.3.10. to make public statements about the relationship between the User and Kadam without the prior written consent of the Company;
3.3.11. to violate the provisions of legal acts, including the provisions of international law instruments, in any other ways.
3.3.12. significantly change the cost per action in the advertising campaigns of the KSA model from the originally set price and / or disable the transfer of conversions to the statistics of the Contractor. In case of violation of this rule, the Service has the right to block the User’s Account, as well as write off funds from the User’s Personal Account in favor of the Service as a one-time penalty.
3.4. The Advertiser must check own Advertising that is displayed with the use of the Service for compliance with the legislation of the country whose residents are the Target Audience of the Sites, and reject Advertising that does not comply with the requirements of such legislation.
4.1. In order to use the Service, you need to complete the registration procedure, which automatically creates a unique Account. User registration is free and voluntary.
4.2. Only the registered User can log in to the Account, as well as use the Service. In case of prolonged non-use of the Service, as provided for in clause 4.17. of the Agreement, the Company has the right to block the User Account and reset its balance. In this case, the User is obliged to restore his Account and balance before using the Service.
4.3. The User is obliged to provide accurate and up-to-date information at the moment of the registration for the formation of the Account, including unique login, e-mail address, the password for each User. The User is obliged to provide reliable information at the moment of the registration for the suitable relationship and cooperation with the Company. After registering the Account, the User has the opportunity to start the use of an alternative authentication tool to access the Account, replacing the password.
4.4. The Company reserves the right to disallow the use of certain logins, as well as set the requirements for login and password (length, allowed characters, etc.). The Company reserves the right to change the fields of the registration form and require the User to enter additional information. The User is obliged to maintain the information given to the Company up-to-date.
4.5. The Company reserves the right to require the User to confirm the data specified during registration at any time and to request respectively supporting documents (identity documents). The refusal to provide them, at the discretion of Kadam, can be equated with the provision of unreliable information and entail the consequences described in Section 3.5. hereof. In the case that the User's data specified in the submitted documents do not correspond to the data specified at registration, as well as in the case when the data specified at registration do not allow to identify the User, the Company reserves the right to deny the User access to the Account and to the Service.
4.7. THE USER IS RESPONSIBLE FOR THE SECURITY (RESISTANCE TO GUESSING) OF THE MEANS FOR ACCESSING THE ACCOUNT CHOSEN BY HIM OR HER ON THE USER'S OWN, AS WELL AS FOR PRESERVING THEIR CONFIDENTIALITY. THE USER IS INDEPENDENTLY RESPONSIBLE FOR ALL ACTIONS (AND THEIR CONSEQUENCES) WHEN USING THE SERVICE UNDER THE USER ACCOUNT, INCLUDING CASES OF VOLUNTARY TRANSFER OF DATA FOR ACCESS TO THE USER ACCOUNT TO THIRD PARTIES BY THE USER ON ANY TERMS (INCLUDING CONTRACTS OR AGREEMENTS). In this case, all actions, carried out when using the Service under the User Account, are considered to be made by the User him- or herself. The only exception is when the User notified the Company of unauthorized access to his Account and/or any violation (suspicion of violation) of the confidentiality of his or her communication means, access to the Account (password or two-factor authentication) pursuant to Section 4.8. hereof.
4.8. The User must immediately notify the Company of any case of unauthorized (not authorized by the User) access to the User Account and/or any violation (suspicion of violation) of the confidentiality of its communication means or means of access to the Account. For security reasons, the User must independently perform a secure shutdown of his/her Account (the "Exit" button) at the end of each session of the Service. THE COMPANY IS NOT LIABLE FOR POSSIBLE DATA LOSS OR DAMAGE, AS WELL AS OTHER CONSEQUENCES THAT MAY OCCUR DUE TO A VIOLATION OF THE AGREEMENT BY THE USER.
4.9. OBLIGATORY CONDITIONS OF ACCESS TO THE SERVICE ARE AS FOLLOWS:
4.9.1. familiarization of the User with the terms and conditions of the Agreement and the acceptance of terms and conditions hereof;
4.9.2. mandatory registration of the User with the fulfilling of all mandatory fields, including login and password required to gain access;
4.9.3. technical ability of the User to access the Internet to obtain an online service;
4.9.4. possibility of identification on the login and password of the User by the Company.
4.10. THE COMPANY RESERVES THE RIGHT TO ESTABLISH RESTRICTIONS ON THE USE OF THE SERVICE FOR ALL USERS OR FOR CERTAIN CATEGORIES OF USERS (depending on the location of the User, the language which the service is provided in, etc.), including but not limited with: the presence/absence of certain Service functions, the content storage period, the maximum number of messages that can be sent or received by one registered User, the maximum message size, the maximum number of calls to the Service for a specified period of time, the maximum content storage period, special parameters of the downloaded content, etc. Kadam can disallow the automatic access to the Service, as well as stop receiving any information generated automatically (for example, spam).
4.11. Although the Company wants to ensure that the Service is available 24/7, THE COMPANY IS NOT LIABLE IF THE SERVICE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD DUE TO CIRCUMSTANCES AND FOR REASONS BEYOND THE CONTROL OF THE COMPANY.
4.12. The Company reserves the right to stop access to the Service at any time to perform operational, regulatory, legal or other actions.
4.13. The access to the Service can be temporarily disallowed without any warnings in the event of system failure, maintenance, repair, or for other reasons.
BLOCKING AND DELETING THE ACCOUNT
4.14. The Company reserves the right to block or delete the User Account, and also to disallow the access of any Account to certain services of the Company or the Service's capabilities, and remove any content without explaining the reasons, including when the User violates the terms and conditions hereof or the terms of other policies and documents.
4.15. If the User provides incorrect information, or the Company has reasons to believe that the information provided by the User is incomplete or unreliable, the Company reserves the right to block or delete the User Account at his or her discretion and refuse the User in access to the Service (or its individual functions).
4.16. The User is prohibited to create two or more accounts. Upon detection of the fact of creating two or more Accounts of one User, at the discretion of the Company such Accounts may be blocked or deleted.
4.17. The User account will be blocked without notice if the Account of the Service User is inactive (no running advertising campaigns, no Advance payments lately, no connected Traffic Sources) for more than 180 (one hundred and eighty) calendar days in a row. The Company reserves the right to reset the balance of the User. At the same time, the Account and the balance can be restored in case of request of the User addressed to email@example.com.
4.18. Kadam reserves the right to terminate cooperation unilaterally and remove the Account in the event of violation of the terms and conditions hereof and the terms and conditions of other documents and policies governing legal relationships between the User and Kadam. This is to be done as follows:
4.18.1. The account is blocked for one (1) month, following which the User's access to the Account becomes forbidden, at the same time, the content and advertising placed through such Account can be deleted.
4.18.2. The User can apply to the Company with justified objections and request to unblock the Account within 30 (thirty) calendar days from the date of blocking.
4.18.3. If the Account is restored within the period specified in Section 4.4.2., the Account will be restored for the User, but the content placed through it may not be recovered.
4.18.4. If the User Account will not be restored within 30 (thirty) calendar days from the date of blocking, all content and Advertising posted with it will be deleted, and the login will be available for use by other Users. From that moment, the restoration of the Account, any information related to it, the return of the Advance payment or the payment of income and access to the Service using this Account are impossible.
4.19. The User reserves the right at any time to terminate the cooperation unilaterally and delete his or her account, provided that he or she has no debt to the Company.
5. RULES OF ADVERTISING AND ADVERTISING REQUIREMENTS. ADVERTISING CAMPAIGN
REQUIREMENTS TO USER CONTENT
5.1. THE USER IS INDEPENDENTLY RESPONSIBLE FOR THE COMPLIANCE OF THE POSTED CONTENT WITH THE REQUIREMENTS OF THE CURRENT LEGISLATION OF THE REPUBLIC OF LATVIA , THE HOSTING COUNTRY OF THE SITE AND THE STATES(S) OF THE RESIDENCE OF THE POTENTIAL VISITORS OF THE SITE, INCLUDING LIABILITY TO THIRD PARTIES IN CASES WHEN THE POSTING BY THE USER OF ANY CONTENT VIOLATES THE RIGHT AND LEGITIMATE INTERESTS OF THIRD PARTIES, INCLUDING PERSONAL NON-PROPERTY AND PROPERTY RIGHTS OF AUTHORS, OTHER INTELLECTUAL RIGHTS OF THIRD PARTIES, AND/OR ENCROACH ON THEIR PROPERTY.
5.2. THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT REQUIRED TO REVIEW ANY TYPE OF CONTENT THAT IS PLACED AND/OR DISTRIBUTED THROUGH THE SERVICE AND THAT KADAM HAS THE RIGHT (BUT NOT THE OBLIGATION) TO REFUSE, AT ITS DISCRETION, THE USER TO POST AND/OR DISTRIBUTE THE CONTENT OR DELETE ANY CONTENT, WHICH IS AVAILABLE THROUGH THE SERVICE. The User acknowledges and agrees that he or she must independently evaluate all risks associated with the use of content, including an evaluation of the reliability, completeness or usefulness of this content.
5.3. The User acknowledges and agrees that the technology of the Service operation may require copying (reproduction) of User content, as well as conversing by the Company to meet the technical requirements of an Internet resource and/or its functions.
5.4. THE USER IS INDEPENDENTLY LIABLE TO THIRD PARTIES FOR HIS OR HER ACTIONS RELATED TO THE USE OF THE SERVICE, including when such actions result in a violation of the rights and legitimate interests of third parties, as well as TO COMPLIANCE WITH THE LAW USING THE SERVICE.
5.5. MATERIALS ARE PROHIBITED FROM BEING POSTED IF SUCH MATERIALS ARE AS FOLLOWS:
- illegal, malicious, and/or slanderous;
- offending morality or exploiting the influence resulting from fear or superstition;
- maliciously using the trust of the person and the lack of his or her experience or knowledge;
- demonstrating (or are propaganda) violence and cruelty, criminal and terrorist actions, disfigured bodies, injuries, death, diseases, unaesthetic and disgusting images;
- violating intellectual property rights;
- promoting hatred and / or discrimination of people by race, ethnic, sexual orientation, religious, social views and beliefs, eye color, age, property status, national or social origin, etc .;
- containing insults to any person or organization, denigrate, denounce or deride another person, his or her activity, name (firm), goods or services, goodwill trademarks;
- using the name, surname, company name or other identification mark (including trademark) of another entrepreneur without the consent of such entrepreneur;
- containing elements (or constituting propaganda) of pornography, child erotica, containing content that is depicting people during actions that involve erotic and sexual activity;
- representing advertisements (or are propaganda) of services of a sexual nature (including disguised as other services), “mail-order brides”, dating services that promoting sexual contact;
- inclined to exploitation or posing a threat to minors;
- advertising high-risk investments or impossible rapid enrichment schemes;
- promoting illegal activities;
- advertising torrents and P2P file sharing;
- explaining the procedure for the manufacture, taking drugs or other use of narcotic substances or their analogues, as well as explosives or other weapons;
- advertising prescription or digital drugs, online pharmacies;
- containing malware, phishing, or spam;
- are misleading or containing inaccurate or deceptive information, false promises or fraud;
- offering products or services that predict the future;
- containing opinions and positions (endorsements) of celebrities that are not agreed with them, and also depicting, using or otherwise mentioning any individual (as a private person or as an official) or his property without the consent of the person;
- containing obscene words (including “F-words”) and hate speech;
- advertising counterfeit goods or hazardous goods and services (which can be harmful to health and cause material or other damage);
- creating a fake sense of urgency, in the text or image calling the visitor to action;
- containing fake consumer reviews and their imitation;
- misleading the user (for example, who claim / promise that the visitor of the Site has become or will become the winner of the campaign / draw, etc.), imitating the interface of any applications, system notifications, software, etc. (including imitation of buttons, for example, "close", "download"), which may mislead the visitor;
- reproducing the text, slogan, visual image, sound and other special effects of advertising of any other advertiser without the latter’s consent or carry out activities of a different type, which can cause ambiguities or mislead about the advertiser, advertised goods or services;
- promoting active advertising systems, BUX-clubs, etc.;
- containing contact information (phone numbers, contact details of messaging services or IP-telephony, website addresses, QR codes, bar codes) in the text, title and image;
- advertising sites that force a visitor to fraudulently pay for any services and / or Internet resources that pursue the goal of receiving prepaid SMS from visitors (MT subscriptions), as well as sites containing malicious software, or whose purpose is deception of visitors (for example, offering download files, updating the browser, pseudo-antivirus programs, offering "prizes" from known Internet resources and other fake Sites).
5.6. IT IS FORBIDDEN TO PLACE MATERIALS WITHOUT AN EXPRESSED PERMISSION OF THE AUTHORIZED PUBLIC BODY:
- advertising alcohol, e-cigarettes, vaping products;
- advertising cryptocurrency, mining and ICO;
- containing texts and images with an erotic tint (ambiguous content), if the Advertising Campaign does not indicate that it contains adult content;
- offering financial services, including mortgage products, short-term or daily loans;
- containing gambling, lotteries or contests, gaming e-commerce;
- propagating certain political views, incl. political advertising campaigns;
- containing religious content;
- advertising products and services for self-improvement, products and services for weight loss, nutrition, improvement of brain functions, hair enhancement, improvement of vision, medical preparations;
- offering software downloads, subscription services or add-ons with automatic updates.
5.7. The lists of the prohibited and restricted content (Sections 5.5. and 5.6. hereof, respectively) may be expanded in advertising service agreements and other agreements with Traffic Source Owners.
TRAFFIC SOURCES REQUIREMENTS
5.8. Owners of Traffic Sources are prohibited from connecting to the Traffic Sources Sites, the content of which contains prohibited content that violates Section 5.6. hereof.
5.9. The Company reserves the right to request data on the Traffic Sources, as well as to request documents confirming the legality of posting on advertising websites.
5.10. The Traffic Source Owner is responsible for ensuring whether the Advertisements displayed on the Site(s) are in accordance with the legislation of the Republic of Latvia, as well as the hosting countries and the state(s) of the residence of the potential Audience of the Internet resource. Cooperation can be refused without explanation.
ADVERTISING CAMPAIGN REQUIREMENTS
5.11. The Advertiser may pay for the advertising placement services through the Service. Advertiser's advertisements must fully comply with the terms and conditions of this Agreement.
5.12. All payments will be calculated on the basis of the Service. The Company does not approve and does not guarantee that the Advertisements posted by the User will receive any number of clicks / views / actions intended.
5.13. Advertisements must comply with the requirements of the legislation of the Republic of Latvia, the hosting State of the Traffic Source, as well as the requirements of the legislation of the states where the Audience of the Site with the Advertisements, is located, as well as Section 5.5., 5.6., 5.20. hereof.
5.14. The obligation to check the compliance of advertisements with the requirements of Section 5.13. lies on the Advertiser and the Traffic Source. The Company is not obligated to check the compliance of advertisements with the requirements of the law and is not responsible for any violations.
5.15. THE COMPANY IS NOT RESPONSIBLE FOR ACTIONS OF PERSONS INTERACTING WITH THE ADVERTISER'S ADVERTISEMENTS, AND IS NOT RESPONSIBLE FOR FRAUDULENT CLICKS OR OTHER ILLEGAL ACTIVITY AFFECTING THE COST OF DISPLAYING ADVERTISEMENTS.
5.16. THE CONTRACTOR MAY BLOCK AND PREVENT ANY ADVERTISING THROUGH THE SERVICE AT ITS SOLE DISCRETION AND WITHOUT GIVING REASONS. The Advertiser reserves the right to contact support at firstname.lastname@example.org in case of disagreement with such a refusal.
5.17. At the request of the Company, the Advertiser is obliged to provide additional necessary information for the launch of the Advertising Campaign and / or Advertising not later than 48 hours after the request. In case of failure to provide the required information / data, the Advertising and / or Advertising campaign may be blocked.
5.18. The Advertiser may cancel the order at any time through the Service, given that it may take up to 48 hours to stop placing an Advertisement. The Advertiser is responsible for paying for such Advertisements.
5.19. IF THE ADVERTISER PLACES ADVERTISEMENTS ON BEHALF OF A THIRD PARTY, HE OR SHE GUARANTEES THAT HE OR SHE IS AN AUTHORIZED REPRESENTATIVE OF THE OWNER OF ADVERTISING MATERIALS. The Advertiser bears responsibility for the placement of such Advertisements. The Company may demand documents confirming the authority of the Advertiser to place advertisements on behalf of a third party. Such documents must be provided to the Contractor not later than 48 hours after the demand.
5.20. THE FOLLOWING ADVERTISING PRACTICES ARE PROHIBITED:
- adding more than one absolutely identical Advertisement;
- adding more than 3 (three) Advertisements with identical images;
- creation of more than one Advertising campaign of the same format and / or one subject;
- frequent addition / removal of the same type of Advertising (materials of one subject matter);
- loading more than 20 Advertisements in one Advertising Campaign;
- placement (in one Advertising campaign) of Advertisements advertising or leading to sites or pages of sites with different products / services, or Advertisements advertising the same product, but carrying a different semantic character and leading to different pages of Internet resources or different sites;
- transfer of promotional materials among and between KSA campaigns;
- changing the hyperlink to the advertised Site or the contents of the advertised Site page (using a redirect, iframe) after passing moderation;
- fraudulent traffic manipulations, which include, but is not limited to:
- clicking on the Advertising that is placed on the Website connected to the Traffic Source;
- artificial cheated number of impressions and / or clicks through the source of traffic;
- registrations or other useful paid actions of the owners of the Sites connected to the Traffic Source, or third parties in order to increase their income and / or income of any person.
- any modifications of the Service code and tools that are provided in connection with the use of the Service and the connection of Information Channels to the Service;
- using landing pages, in orderto close which the visitor needs to confirm the action more than once;
- targeting children when displaying limited content (Section 5.6. of the Agreement);
- collecting personal data without the expressed consent of the User;
- violating local laws;
- setting broken links and buttons;
- using sound effects in Advertisements;
- setting animation that exceeds 15-30 seconds, excessive flashes or shaking pictures, using images with a high frame rate / colors ("aggressive" animation), images that do not fit the size of the area on the Site where the Advertisement is to be placed (with empty areas);
- using flash cookies.
5.21. Advertiser who are owners of offers in the showcase of offers are prohibited from changing the link to the advertised page of the Site and its content. If such a situation arises, the Advertiser should contact the support service: email@example.com or a personal manager.
5.22. In the case of the distribution of the Advertising of goods/services that are needed to be licensed/certified or have another permit from the state authorities of the country where the advertising materials are distributed, the Advertiser must provide such a document to the support service via e-mail firstname.lastname@example.org before the start of the Advertising Campaign / Advertising is to be displaying.
5.23. Targeting depending on age, gender and visitor interests is determined by algorithms with automatic training based on public data about the visited Sites; therefore, the accuracy of these settings cannot guarantee an absolutely direct hit in the selected target Audience. SERVICES ARE PROVIDED ON THE "AS IT IS" BASIS. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL MEET THE PURPOSES AND EXPECTATIONS OF USERS OR ANY OTHER PERSONS. At the same time, the Company is not liable if the User uses the functionality of the Service to target limited Advertisements (Section 5.6 of this Agreement) to minors. The Company bears no liability if minors are among adults as they shall be targeted limitedly than adults depending on the content of Advertisements.
5.24. The Contractor reserves the right to determine the format in which Advertisements can be downloaded, and the allowable size of files that can be downloaded. If the file size exceeds the allowed size or the file format does not correspond to the technical capabilities of the Service, the Advertiser will not be able to download such files.
5.25. The text and title of the advertisement must comply with the rules of spelling words with a capital letter. Writing completely in capital letters is allowed only for common or well-known abbreviations. The text and title of the advertisement must comply with the norms and rules of the literary language in which the advertisement is published.
5.26. The User understands that under the applicable law, when placing certain categories of advertising, it is necessary to take into account a number of requirements. Such Advertising may not be allowed to be placed at the discretion of the Company.
6. SITES AND THIRD-PARTY CONTENT
6.1. The Service may contain hyperlinks to other Sites on the Internet (hereinafter referred to as “Third Party Sites”). These third parties and their content are not verified by the Company for compliance with the special requirements (reliability, completeness, legality, etc.). Kadam is not responsible for any information, materials posted on the Third Party Sites, which the User is granted access to when using the Service, including any opinions, endosrsements, or statements expressed on the Third Party Sites, advertising, etc., as well as for an availability of such Sites or content and the consequences of User’s usage of such Sites.
6.2. The content of the Advertisement must match the content of the page to which the advertising link leads.
6.3. A hyperlink (in any form) to any Site, product, service, any information of a commercial or non-commercial nature placed through the Service, is not an endorsement or recommendation of these products (services, activities) by Kadam, except when it's specifically indicated in the Service.
7. TERMS OF CONNECTION AND COOPERATION
7.1. The User acknowledges and accepts that it may be necessary to form separate agreements for the cooperation and income generation. The Company will inform him or her about about this separately.
7.2. The Company reserves the right to terminate such a cooperation at any time without explanation, including when a breach of this Agreement has occurred, receiving traffic of extremely poor quality or if such cooperation brings a zero income.
7.3. The Contractor has the right to refuse to use the Service at any time without giving reasons in the event of a violation by the Advertiser of the requirements and to block the Advertising, the Advertising Campaign, and also the User's Account at its own discretion.
7.4. If a dispute arises, the decision remains with the Company.
7.5. Cooperation may be refused without explanation.
8. GUARANTEES AND LIMITATION OF LIABILITY
8.1. The user uses the Service at his own risk. The service is provided "as is ". Kadam does not bear any responsibility, including for the compliance of the Service with the User's purposes.
8.2. The Company does not guarantee that:
- the Service complies/will comply with the User's requirements;
- the Service will be provided continuously, quickly, reliably and without errors;
- the results that can be obtained with the Service will be accurate and reliable and may be used for any purpose or in any quality (for example, for an establishment and/or confirmation of any facts);
- the quality of any product, service, information, etc., received using the Service, will comply with the expectations of the User.
8.3. Any information and / or materials (including downloadable software, letters, any instructions for action, etc.), which the User receives access to using the Service, the User uses at his own risk independently while being responsible for the possible consequences of using the specified information and/or materials, including for the damage of the User's computer or to third parties, for loss of data or any other damages.
8.4. In the case that the Company discovers or investigates a fraud or other breach of this Agreement, as well as any fraudulent activities carried out in order to deceive the Company and increase the earnings at an expense of the Service, the Company is entitled, at its own discretion, to block the Advertising Campaign/Advertising and/or User Account without notice. Blocking and subsequent deletion of the Account occurs according to Section 4.4. of the Agreement. The User waives the right to return an Advance payment. The Company is entitled to write-off the funds from the balance of the Advertiser's Account as a one-time fine for violating the terms of this Agreement. The funds are written off immediately after the closing of the account. Claims and objections of the User can be sent to Kadam for consideration by e-mail to email@example.com within 30 (thirty) calendar days from the moment when Account and/or the Advertising Campaign/Advertisement has been blocked.
8.5. If any fraudulent attempts are detected or if there are suspicions as to fraudulent operations to be carried out when working with the Site kadam.net , which are related to the online deposit of Advance payments made by the Advertiser, the Company reserves the right to block the Advertiser Account at any time and request documents necessary to clarify the circumstances. In case of the fraud, Kadam reserves the right to write-off the Personal Account of the Advertiser in favor of the Service as a one-time fine and report this fraud to law enforcement agencies, banking institutions, and other organizations authorized for prevention of frauds.
8.6. The Advertiser is independently responsible for the placement of the Advertising, which contradicts the legislation of the Republic of Latvia or the legislation of the country of residence of the Target Audience of the Site, where the Advertising is targeted to.
8.7. The Traffic Source Owner is independently responsible for the Advertising posted, which violates the current legislation, on the Site connected to it.
8.8. The Company is not liable for any kind of loss that occurs as a result of the User's use of the Service or its certain parts/functions.
8.9. The Company cannot control and does not control the User's compliance with the terms and conditions of Section 10.2. hereof, and may not be held liable for violation by the User of the Law of the Republic of Latvia "On the elimination of the legalization of proceeds from crime and the financing of terrorism" of 30.07.2008.
8.10. THE COMPANY DOES NOT CONTROL THE ADVERTISING MATERIAL PLACED, BECAUSE FILTRATING, SUPERVISING OR OTHER WAYS OF PREMODERATING OF THE ADVERTISEMENTS WILL LEAD TO TOO BIG LOSS OF THE RESOURCES OF THE COMPANY, WHICH WILL BURDEN THE COMPANY WITH EXCESSIVE EXPENCES. THE COMPANY SHALL ACT AS AN ISP IN THE MEANING ADOPTED BY THE COMMUNICATIONS DECENCY ACT (CDA) (USA).
8.11. If the Advertisement violates third party’s copyright, you can notify the Company of such a violation by sending an email at firstname.lastname@example.org.
Notification of copyright infringement should contain:
- physical or electronic signature of the person authorized to act on behalf of the owner of the copyright object, the rights to which were violated;
- indication of a specific object, the rights to which were violated, or all such objects in one list;
- reference to the material that is considered to be infringing the copyright or is the object of the violation and access to which should be limited, as well as information in an amount that will be sufficient to establish the location of this material on the service provider;
- sufficient contact information for the ISP to contact the complainant: address, telephone number and, if available, e-mail;
- зassurance that this person has substantial grounds for suspicion that the disputed material was used or posted without the appropriate permission from the right holder, his representative or the law;
- assurance that the information provided is accurate, and the complainant does have the authority to act on behalf of the owner of the right violated.
9. FINANCIAL RELATIONSHIPS
9.1. The Advertiser makes an Advance payment, which is displayed on the Personal account, to pay for the Company's services. Advance payment can be made using payment methods that are available in the Account.
9.2. Acceptance of the terms and conditions of this Agreement means that the User guarantees that the financial means spent for payments for services provided by Kadam are completely legal and their source of origin does not contradict the legislation of the Republic of Latvia on the elimination of the legalization of funds obtained by criminal means and the financing of terrorism.
9.3. The Advertiser can sign the written contract with the Company at the request by e-mail email@example.com. In such a case, such written contract shall prevail over this Agreement.
9.4. Advance payment is written-off gradually as payment for the Company's services, what is displayed in the Account as write-off funds for clicks on Advertisements or conversions in the Advertiser's Personal Account. The placement price can be changed by the Company by changing the minimum CPC/impression/ another conversion.
9.5. The amount of write-off funds depends on the rate established individually by each Advertiser for each Advertising Campaign/Advertisement.
9.6. Full or partial return of Advance payment to the Advertiser is made by the following steps:
9.6.1. Refunds are possible only on the basis of a written justified request sent by the Advertiser at firstname.lastname@example.org , providing that the request contains reasoned comments on the quality of the Services provided and necessary documents. The Advertiser obligates to submit all the supporting documents requested by the Administration of the Service. Refunds are made using the same payment method that was used to make the Advance payment.
9.6.2. In the case that the Advertiser has made an Advance payment under the Agreement on the basis of an invoice for payment, the refund is possible after receiving of all the necessary details on the Advertiser to allow the Company to carry out such a return.
9.6.3. The Company is not obliged to refund the money unless the Advertiser has provided reasoned comments on the poor quality of the Services.
9.6.4. When returning an advance payment, a fee may be withheld. The amount of commission is determined depending on the payment method with which the advance payment was made. The Company does not compensate for the commission and therefore is not responsible if the Advance Payment amount is refunded to the Advertiser minus the commission.
9.7. In case of incorrect setting of Advertiser's notifications for conversion, payment for incorrect conversions is made by the Advertiser in full size and is not refundable.
9.8. In case of making an Advance payment, as well as the return of funds to a private account/payment card, the commission of the Advertiser's bank and the bank that serves the Company, as well as the commission of the correspondent bank, is paid by the Advertiser.
9.9. The Company wants to comply with the established limits for the automatic write-off of funds from the balance of the Advertiser, but their excess is possible. The indicators for the exceeded limits depend on the settings of the Advertising campaign and the established cost of the click/impression/conversion. In case of exceeding the established limit for the Advertising campaign, the clicks/impressions/conversions received after such excess are payable by the Advertiser.
9.10. The documents regarding acceptance and transfer of the Services are provided to the Advertiser in response to his or her request by e-mail to the responsible manager or to email@example.com.
9.11. Services are considered properly and duly provided if they are rendered by the Contractor and accepted by the Advertiser properly and if the Advertiser has not provided a reasoned written comment on the poor quality of Services at firstname.lastname@example.org not later than 14 (fourteen) days from the date of payment. All comments (or claims) that were sent later are not considered by the Company.
9.12 The Company at its discretion has the right to add bonus funds to the User account free of charge. Bonus funds do not have a real cash equivalent outside the Service, so they can only be used to pay for services within the Service.
10.1. The User acknowledges and agrees that the Service, its contents, and software are protected by copyright, trademarks, licenses, intellectual property laws and any applicable laws of the Republic of Latvia, laws of other countries and/or international law.
10.2. The Company grants the User with a personal, non-assignable, non-exclusive license to use the software provided to him or her by the Company as part of the Service. The User cannot (and cannot give the permission to) copy, modify, create similar works, learn technology, decompile or otherwise attempt to extract the source code of the software or any part thereof. The User agrees that he does not reproduce, duplicate, copy, sell, exchange or resell the software provided to him as part of the Service for any purpose, as well as modify the Service for any purpose.
10.3. Where the User has not discussed another option in writing with the Company, the User cannot use Kadam's intellectual property objects (for example, logos, trade names, trademarks and other trademark features, the content of kadam.net and etc.).
10.4. All objects accessible through the Service, including design elements, text, graphics, illustrations, video, computer programs, databases, music, sounds and other objects (hereinafter the content of the Service), as well as any content placed on the Service, are under the exclusive rights of the Company, and, sometimes, Users and other copyright holders.
10.6. The company does not acquire the rights to intellectual property contained in advertising and does not grant licenses or transfer the rights to them to third parties. The Company shall not be held not responsible for the content contained in advertising, which violates the intellectual property rights of third parties.
11.1. You agree not to disclose the Company's confidential information without the prior written permission of Kadam. Confidential Information of Kadam includes, but is not limited to:
- all Kadam software, technologies, programs, specifications, materials, instructions, and documentation;
- clickability or other Service statistics and this Agreement;
- any other information in writing that is marked by the Company "Confidential" or similar.
11.3. The Company does not collect, disclose or use any data that is personal data of individuals under 16 years old . If the Company is provided with any information that the personal data of the individuals under 16 years old are in its processing, it will immediately take steps to remove any personal information belonging to the children.
12. FINAL PROVISIONS
12.1. All possible disputes arising from the relationship governed by this Agreement are resolved in the manner prescribed by the current legislation of the Contractor. Everywhere in the text of this Agreement, unless expressly stated otherwise, the term “legislation” and/or “law” means both the legislation of the Republic of Latvia and the legislation of the location of the User.
12.2. Nothing in the Agreement can be understood as the establishment of agency relations, partnership relations, joint venture relations, personal employment relations, or some other relationship not expressly provided for by the Agreement between the User and the Company.
12.3. If one or more of the provisions of this Agreement is declared invalid or unenforceable regardless the reason, the remaining provisions of the Agreement are considered valid and applicable.
12.4. The User can receive information on previously existing partnership and affiliate programs, which he or she has been a member to or continues to be by contacting the Support Service at email@example.com.
12.5. Omission of the Company in the event of any User's violation of this Agreement does not deprive the Company of the right to take appropriate actions to protect its interests later, nor does it mean the Company's waiver of its rights in the event of similar subsequent violations.
12.6. This Agreement is made in Russian and in some cases can be provided to the User for review in another language. In case of discrepancies between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version of this Agreement shall apply.
12.7. This Agreement does not require signing and is valid for the Parties in electronic form.