KADAM USER AGREEMENT
Last updated: 03.03.2023
Please read this User Agreement carefully before using the Kadam Service (hereinafter, the “Service”). This Agreement is an official public offer and is addressed to persons who visit our Website or use the Service.
The public offer comes from Kadam Advertising Ltd, incorporated and acting under the laws of the Republic of Cyprus, address: Troizinos 4A, 3045, Limassol, Republic of Cyprus and is subject to the law of the Republic of Cyprus.
For convenience, the Agreement refers to the following:
If you use this Service, you agree to comply with all terms and conditions of the Agreement. If you do not fully agree or only partially agree to the Agreement, you must immediately stop using the Service. You confirm that you are of legal age and have fully read and accepted all the terms and conditions of the Agreement without any reservations or exclusions when you perform any actions intended to use the Service. If any changes are made to this Agreement, you agree to the modified Agreement by continuing to use the Service.
The User has no right to use the Service if he or she disagrees with any of the provisions of this Agreement.
You confirm your eligibility and acceptance of the terms and conditions of the Agreement when you begin using the Service or go through the registration procedure. If you use the Service on behalf of a legal entity, you represent and warrant that you have the right and authority to enter into this Agreement on that entity’s behalf and bind it to 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” or “Target Audience” means a group of Website visitors, which may be the Advertiser’s alleged target audience.
1.3. “Showcase of offers” means the Service tool that allows you to view all existing offers of other owners and quickly create Advertising Campaigns based on them.
1.4. “Internet resource” or “Website” means the collection of tools and electronic (digital) information designed for the publication of ads on the Internet and displayed in a specific text, graphics, or audio form. The Internet resource has a unique electronic address (name) that allows you to identify and access the Internet resource.
1.5. “Traffic source” means the information channel connected to the Service that the Audience uses to visit the Advertiser’s Website.
1.6. “Ad/Advertising/Advertisement” means information about a person, product, and/or service distributed in any form and in any way and intended to generate or maintain consumers’ awareness and interest in such a person, product, and/or service, which corresponds to Section 5 of this Agreement, as well as to the law of the Republic of Cyprus.
1.7. “User” means an individual or legal entity, authorized in accordance with the current legislation of the Republic of Cyprus, as well as the state of which he is a resident, registered and acting in the manner determined by this Agreement, and fully accepts all its conditions.
1.8. “Visitor” means a person who visits Kadam Website without creating an Account.
1.9. “Publisher” means a legal entity or individual that owns or provides online advertising space offered for displaying Advertisements of the Advertiser when using the Service.
1.10. “Advertiser” means a legal entity or individual that wishes to conduct, is currently conducting or has conducted an Advertising Campaign when using the Service.
1.11. “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.
1.12. “KSA Advertising Campaign” or “KSA campaign” means the Advertising Campaign for which payment of services is made for useful actions conducted with the posted Advertising.
1.13.“Service” means a software and hardware complex owned by the Company that sends and receives the publication of information content from the User when creating advertising announcements and recording the Parties’ fulfillment of their mutual obligations.
1.14. “User Account”, “Account”, or “Personal Account” means a set of data about the User stored in the Service that is necessary to identify the User, as well as the web interface provided to the User for using the Service and granting access to his or her personal data and settings. The Account is created as a result of the User’s registration.
1.15. “Remuneration” / “Publisher’s Remuneration” means the funds which are paid to the Publisher for placing the Advertisement on its Website.
2. Subject matter of the User Agreement
2.1. Kadam provides you with the Service offering mechanisms and tools for running effective Advertising Campaigns. The Service and Kadam’s Website are accessed at the domain name (address) kadam.net.
2.2. When you merely browse our Website as a Visitor, you may familiarize yourself with information publicly available on the Company’s Website. However, you will need to register an Account to get access to our services.
2.3. Once you signed up with the Service, you may access and use the tools offered via the Service, namely:
2.2. The Agreement can be changed by the Company without any special notification as a general rule. If the changes are material, we will make reasonable efforts to inform you in advance, but it is your responsibility to review this Agreement periodically for updates. The new version of the Agreement comes into force from the moment it is posted on the Internet. In case of disagreement with any new terms of this Agreement, you shall stop using the Service or accessing Kadam’sWebsite immediately.
2.3. The Service and the Company’s services are available only to legal entities or individuals who are legally capable current law of the Republic of Cyprus, as well as the country of their residency. If you are not legally capable of concluding contracts, please do not attempt to register or use the Service in any way.
2.4. The Company reserves the right at its discretion to amend the scope of the services, discontinue, or temporarily suspend the Service, as well as modify, adapt, improve, or enhance the Service at any time without prior notice. Any updates or changes will be deemed part of the Services and subject to this Agreement.
3. Rights and Obligations of the Parties
3.1. The Company is entitled:
3.1.1. make changes and/or additions to the terms and conditions hereof and any additional conditions unilaterally without any special notification of Users regarding such changes and/or additions, but provided that the new version of the Agreement is posted on the Service and notification of changes/additions to the terms and conditions is published on the main page of the Service’s Website;
3.1.2. cease or suspend the functioning of the Service or any of its parts, to change all or parts of the Service without notifying you in advance, to make changes to the information on the Company published in the Service;
3.1.3. carry out maintenance work to maintain performance and improve the Service;
3.1.4. establish and/or change the price of Services unilaterally at its discretion by publishing a new price in the Service;
3.1.5. change the list of or terminate the provision of Kadam’s services;
3.1.6. collect and organize data for statistics;
3.1.7. send e-mails and/or SMS messages to the User that contain information about the Service, the Company’s services or information about advertising, etc.;
3.1.8. use the User’s Advertisements, related content, and information for the Company’s marketing or advertising purposes;
3.1.9. deduct the Advertiser’s Advance Payment or Publisher’s Remuneration as a penalty for violating this Agreement in the cases established herein;
3.1.10. send a warning to the User, to restrict, suspend access to the Account, restrict or disallow access to the Service, and take technical and legal measures to ensure that the User may not use the Service in the event of:
і. obligations pursuant to a binding decision by regulatory authorities;
іі. identification of a violation by the User of the terms and conditions of this Agreement and/or the requirements of the current law;
ііі. actions by the User that result or may result in damage to the Company's business reputation;
іv. the events specified in clauses 4.14 through 4.19 of this Agreement.
3.2. The Visitor is entitled to navigate the Company’s Website and to get acquainted with the available information subject to the terms and conditions set forth in this Agreement. The User is also entitled to:
3.2.1. provide requests and/or suggestions for improving the Service’s performance for the Company’s consideration;
3.2.2. receive information about the Company to the extent determined by the Agreement and the current law of the Republic of Cyprus;
3.2.3. contact the Support Team if necessary, as well as in cases specified in this Agreement;
3.2.4. receive services and use the Service under the terms and conditions of this Agreement.
3.3. You are prohibited from:
3.3.1. uploading, sending, transmitting or in any other way posting and/or distributing content violating the requirements of Section 5 hereof;
3.3.2. violating the rights of third parties, including minors, and/or harming them in any form;
3.3.3. impersonating another person or representative of the organization and/or community without sufficient rights, including impersonating Kadam’s employees, forum moderators, the owner of the Website, and/or using any other forms and methods of illegal representation of others in the network, and/or deceiving other Users or the Company regarding the characteristics of any subjects or objects;
3.3.4. uploading, sending, transmitting, posting and/or distributing content if the User does not have the rights to perform such actions pursuant to current law or any contractual relationships;
3.3.5. downloading, sending, transmitting, and/or distributing advertising information without a legal basis, spam (including those engaging a search engine), list of e-mail addresses provided that the latter does not belong to you, financial pyramid schemes, multi-level (network) marketing (MLM), and/or using the Service in order to participate in such events, and/or using the Service only to redirect the audience to pages of other domains;
3.3.6. uploading, sending, transmitting and/or distributing any content that contains 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 designed to provide unauthorized access and/or serial numbers to commercial software products, and/or programs for generating them, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet and/or any links to the aforementioned information;
3.3.7. performing the unauthorized collection and storage of personal data of individuals;
3.3.8. violating the regular operation of the Service;
3.3.9. promoting actions related to the violation of the restrictions and prohibitions specified in this Agreement;
3.3.10. making public statements about the relationship between you and Kadam without the prior written consent of the Company;
3.3.11. violating the provisions of legal acts, including international law in any other way;
3.3.12. committing other actions that are specified under separate User Agreements for Advertisers and Publishers.
3.4. The User must check the Advertising that is displayed using the Service for compliance with the law of the country whose residents are the Target Audience of the Websites, and reject Advertising that does not comply with the requirements of such law.
4.1. In order to use the Service, you must complete the registration procedure, which automatically creates a unique Account. User registration is free and voluntary.
4.2. Only the registered User may log in to the Account and use the Service.
In the event of prolonged non-use of the Service, as provided in clause 4.17. of this Agreement, the Company has the right to block the User Account and reset its balance. In such an event, the User is obliged to restore his or her Account and balance before using the Service.
4.3. The User is obliged to provide accurate, up-to-date information when registering to create the Account, including a unique login, e-mail address, and password for each User. The User is obliged to provide reliable information when registering in order to interact and work with the Company properly. After registering an Account, the User may begin using an alternative authentication tool to access the Account, thus replacing the password.
4.4. The Company reserves the right to disallow the use of certain logins, as well as set the requirements for the 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 keep the information provided to the Company up-to-date.
4.5. The Company reserves the right to require the User to confirm the data specified during the registration at any time and to request respectively supporting documents (identity documents). The refusal to provide them may, at Kadam’s discretion, be equated to the provision of unreliable information and entail the consequences described in clause 4.18 hereof. In the event that the User’s data specified in the submitted documents do not correspond to the data specified at registration, and in the event that the data specified at registration do not allow the User to be identified, the Company reserves the right, at its discretion, to request documents confirming the User’s identity, to deny the User access to the Account and to the Service, to block or to delete the User’s Account.
4.6. The User’s personal information contained in the User Account is stored and processed by the Company in accordance with the terms of the Privacy and Data Protection Policy.
4.7. The User is responsible for the security (resistance to guessing) of the means for accessing the Account he or she chooses, as well as for maintaining the secrecy of those means. The User is solely responsible for all actions (and their consequences) when using the Service through the User Account, including the 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 through the User Account are considered to be made by the User himself or herself, except for when the User has notified the Company of unauthorized access to his or her Account and/or any violation (suspicion of violation) of the confidentiality of his or her communication means, Account access (password or two-factor authentication) pursuant to clause 4.8. hereof.
4.8. The User must immediately notify the Company of any unauthorized access (i.e., not authorized by the User) to the User Account and/or any violation (suspicion of violation) of the confidentiality of his or her communication means or means of access to the Account. For security reasons, the User must solely 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, or any other consequences that may occur due to a violation of the Agreement by the User.
4.9. Mandatory conditions of User access to the Service are as follows:
4.9.1. the User’s familiarization with the terms and conditions of the Agreement and the acceptance of terms and conditions hereof;
4.9.2. the User’s mandatory registration, filling in all mandatory fields, including the login and password required to gain access;
4.9.3. the User’s technical ability to access the Internet to obtain an online service;
4.9.4. the Company’s ability to identify the User via his or her login and password.
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 User’s location, the language in which the Service is provided, etc.), including but not limited to 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 requests to the Service for a specified period of time, the maximum content storage period, special parameters of downloaded content, etc. The Company may disallow automatic access to the Service, as well as stop receiving any information generated automatically (for example, spam).
4.11. Although the Company strives 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 suspend access to the Service at any time to perform operational, regulatory, legal, or other actions.
4.13. Access to the Service may be temporarily suspended without warning in the event of system failure, maintenance, repair, or for other reasons.
Blocking and deleting an Account
4.14. The Company reserves the right to block or delete a User Account, and to prohibit access from any Account to certain services of the Company or features of the Service, and to remove any content without providing justification, including in the event that the User violates the terms and conditions hereof or the terms and conditions of other documents.
4.15. If the User provides incorrect information, or the Company has reason 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 its discretion and to refuse the User access to the Service (or its individual functions).
4.16. The User is prohibited from creating two or more Accounts. If it is discovered that two or more Accounts have been created for the same User, the Company may block or delete such Accounts at its discretion.
4.17. The User Account will be blocked without notice if the User Account is inactive (e.g, no Advertising Campaigns are running, no Advance Payments have been made, no Traffic Sources are connected) for more than 180 (one hundred eighty) calendar days in a row. The Company reserves the right to reset the User’s balance. At the same time, the Account and the balance may be restored at the User’s request to email@example.com.
4.18. The Company reserves the right to terminate cooperation unilaterally and to remove the Account in the event that it violates the terms and conditions of this Agreement and the terms and conditions of other documents governing the legal relationships between the User and the Company. This can be done as follows:
4.18.1. The Account is blocked for 1 (one) month, during which the User may not access the Account. During that time, the content and Advertising placed through such an Account may be deleted.
4.18.2. The User can apply to the Company with justified objections and request that the Account be unblocked within 30 (thirty) calendar days from the date it is blocked.
4.18.3. If the Account is restored within the period specified in clause 4.18.2., the Account will be restored for the User, but the content published through it may not be recovered.
4.18.4. If the User Account is not restored within 30 (thirty) calendar days from the date it is blocked, all content and Advertising posted through it will be deleted, and the login will be available for use by other Users. From that moment, the Account’s restoration, any information related to it, the return of the Advance Payment or payment of the Publisher’s Remuneration, and access to the Service using this Account will be impossible.
4.19. The User reserves the right to terminate cooperation unilaterally at any time and to delete his or her Account, provided that he or she is not in arrears to the Company.
5. Rules for publishing Advertisements and conducting Ad Campaigns
Requirements and Restrictions
5.1. The Users are responsible for compliance of the content provided for running Advertising Campaigns or the content of their Websites, as applicable, with the requirements of the current law of the Republic of Cyprus, the state of the Website hosting, and the state(s) where the potential Website Audience may reside. The User is also responsible for third parties if the User’s publication of any content violates the right and legitimate interests of third parties, including copyright and moral rights and other intellectual rights of third parties, and/or encroaches on their property.
5.2. The User acknowledges and agrees that the Company is not required to review any type of content that is published and/or distributed through the Service and that the Company has the right (but not the obligation) to deny, at its discretion, the User’s ability to post and/or distribute the content and/or to delete any content made available through the Service. The User acknowledges and agrees that he or she must solely evaluate all risks associated with the use of the 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 (reproducing) User content and/or require the Company to reformulate such content to meet the technical requirements of an Internet resource and/or its functions. Such use of the content shall not be considered a violation of intellectual property rights.
5.4. The User is solely 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 for compliance with current law when using the Service.
5.5. It is prohibited to publish / run Advertising Campaigns with the content that:
is illegal, malicious, and/or slanderous;
offends morality or exploits influence resulting from fear or superstition;
exploits the trust of a party and his or her lack of experience or knowledge;
demonstrates (or promotes) violence and cruelty, criminal and/or terrorist actions, disfigured bodies, injuries, death, diseases, unaesthetic and disgusting images;
violates intellectual property rights;
promotes hatred and/or discrimination against people by race, ethnic, sexual orientation, religious, social views and beliefs, eye color, age, property status, national or social origin, etc.;
contains insults to any person or organization, denigrates, denounces or derides another person, his or her activity, name (company), goods or services, trademarks;
uses the name, surname, company name, or another identification mark (including trademark) of another entrepreneur without the consent of such entrepreneur;
contains elements (or promotes) pornography, child erotica, adult content in content for family viewing, or advertises marriage services;
represents advertisements (or are propaganda) of services of a sexual nature (including disguised as other services), “mail-order brides”, dating services that promote sexual contact;
may lead to the exploitation or poses a threat to minors;
advertises high-risk investments or impossible ‘get-rich-quick’ schemes;
promotes illegal activities;
advertises torrents and P2P file-sharing;
explains the procedure for manufacturing, consuming, or otherwise using narcotic substances or their analogs, as well as explosives or other weapons;
advertises prescription or digital narcotic drugs, online pharmacies;
contains malware, phishing, or spam;
misleads or contains inaccurate or deceptive information, false promises or fraud;
offers products or services that predict the future;
contains opinions and positions (endorsements) of celebrities without their consent, and/or depicts, uses, or otherwise mentions any individual (as a private person or as an official) or his or her property without the consent of such individual;
contains obscenities (including “F-words”) and/or hate speech;
advertises counterfeit goods or hazardous goods and services (which may be harmful to health and/or cause content or other damage);
creates a fake sense of urgency in the text or image that calls the visitor to action;
contains fake consumer reviews and/or their imitation;
misleads the user (for example, claims or promises that the visitor to the Website has become or will become the winner of a campaign, drawing, etc.), imitates the interface of any applications, system notifications, software, etc. (including buttons, such as, “close”, “download”), which may mislead the visitor;
reproduces the text, slogan, visual image, sound, and/or other special effects of advertising of any other advertiser without the latter’s consent or carries out activities of a different type, which may cause ambiguities or mislead about the advertiser, advertised goods, and/or services;
promotes active advertising systems, BUX clubs, etc.;
advertises sites that force a visitor to fraudulently pay for any services and/or Internet resources that pursue the goal of receiving prepaid SMS messages from visitors (MT subscriptions), as well as websites that contain malicious software or whose purpose is to deceive visitors (for example, offer file downloads, browser updates, pseudo-antivirus programs, “prizes” from known Internet resources and other fake websites);
advertises content for misinformation or fake information, including, but not limited to misinformation or fake information regarding COVID-19.
5.6. If there are no express prohibitions by a competent government agency and all necessary conditions are met, it is permitted to publish / run Advertising Campaigns with the content that:
advertising alcohol, tobacco products, e-cigarettes, vaping products;
advertising cryptocurrency, mining, and ICOs;
containing texts, images, audio and video content of an erotic nature (ambiguous content), including images of sensual poses, and/or promoting adult content, including sexual entertainment and products, if the Advertising Campaign indicates that it contains such content;
offering financial services, including mortgage products, short-term or daily loans;
containing gambling, lotteries or contests, gaming e-commerce;
promoting certain political views, including political Advertising Campaigns;
containing religious content;
advertising products and services for self-improvement, products, and services for weight loss, nutrition, improving brain functions, hair enhancement, improving vision, medical products;
offering software downloads, subscription services, or add-ons with automatic updates.
5.7. The Company reserves the right to deny, at its discretion, the User to publish and/or distribute the content specified in clause 5.6. and/or delete such content available through the Service without providing justification.
5.8. The lists of prohibited and restricted content (clauses 5.5. and 5.6. of this Agreement, respectively) may be expanded in advertising service agreements and other agreements with Traffic Source Owners.
Traffic source requirements
5.9. Traffic Source Owners are prohibited from connecting to the Traffic Sources of Websites whose content contains prohibited content that violates clauses 5.5. and 5.6. hereof. The Company disclaims any liability for Traffic Source Owners’ actions that violate this rule or any current legislation provisions.
5.10. The Company reserves the right to request data regarding a Traffic Source, as well as to request documents confirming the legality of publishing advertising and informational content on Websites.
5.11. The Traffic Source Owner is responsible for ensuring whether the Advertising or informational content published and/or displayed on the Website(s) are in accordance with the law of the Republic of Cyprus, the state of the Website hosting, and the state(s) where the potential Website Audience may reside.
Terms of cooperation
5.12. You understand and acknowledge that special requirements and terms of cooperation with Advertisers and Publishers are provided forth in separate User Agreements that you agree to by signing up with Kadam Service. Namely, but not limited to, the Company sets the rules for running Advertising Campaigns and publishing Ads on the Publisher’s Websites, as well as provides requirements for the Websites to be eligible for cooperation.
5.13. When using the Service, the Users must ensure their Advertisements/Websites comply with the requirements of the law of the Republic of Cyprus, the state of the Traffic Source hosting, as well as the state(s) where the Audience of the Website containing Advertisements is located, and clauses 5.5., 5.6., 5.17. of this Agreement.
5.14. The Advertiser and the Traffic Source are liable for the obligation to verify that Advertisements comply with the requirements of clauses 5.1.-5.6. hereof. The Company is not obligated to verify that Advertisements and Websites/Traffic Sources comply with the requirements of current law and clauses 5. 1- 5.6 hereof and disclaims any liability in this regard.
5.15. The Company is not liable for actions of parties that interact with the Advertiser’s Advertisements and is not liable for fraudulent clicks or other illegal activity on the Publisher resources affecting the cost of displaying Advertisements.
5.16. The Company may block and prevent any Advertisement from being published through the Service and terminate cooperation with any of the Publisher’s Websites at its sole discretion and without providing justification. The User reserves the right to contact the Support Team at firstname.lastname@example.org if he or she disagrees with such refusal.
5.17. The following advertising practices are prohibited:
5.18. Targeting based on age, gender, and/or visitor interests is determined by machine learning algorithms based on public data about the visited Websites. As such, the accuracy of these settings cannot guarantee an absolutely direct hit in the selected Target Audience. Services are provided on an “as 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 restricted Advertisements (clause 5.6 of this Agreement) to minors. The Company is not liable if minors are included among adults for which Advertising content is targeted on a restricted basis.
5.19. The Company reserves the right to determine the format in which Advertisements may be downloaded and the allowed 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.
5.20. The User understands that, under the applicable law, it is necessary to take into account a number of requirements when placing certain categories of Advertisements. At its discretion, the Company may not permit such Advertising to be published.
Kadam’s Retargeting Pixel
5.22. You assume the responsibility for compliance with data protection laws as provided for in the applicable law. Where the pixel or respective ad tag is used, you must retain or obtain records of consent, including the text of the consent, the the visitor’s choice, and period for which the consent is deemed eligible. You must place the link to Kadam’s privacy policies and enable the website visitors to review the consent or cookies management tool options to withdraw their consent at any time.
6. Sites and third-party content
6.1. The Service may contain hyperlinks to other Websites on the Internet (hereinafter referred to as “Third-Party Websites”). These third parties and their content are not verified by the Company for compliance with special requirements (reliability, completeness, legality, etc.). The Company is not responsible for any information, or content posted on Third-Party Websites to which the User is granted access when using the Service, including any opinions, endorsements, and/or statements expressed on the Third-Party Websites, advertising, etc., as well as for the availability of such Websites or content and the consequences of User’s use of such Websites.
6.2. The Advertisement’s content must match the content of the page to which the advertising link leads.
6.3. A hyperlink (in any form) to any Website, product, service, any commercial or non-commercial information placed through the Service does not imply an endorsement or recommendation of these products (services, activities) by the Company except when 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 cooperation and income generation, in which case, the Company will notify the User separately.
7.2. The Company reserves the right to terminate such cooperation at any time without justification, including for violation(s) of this Agreement, extremely poor-quality traffic, and/or if such cooperation brings zero income.
7.3. The Company has the right to refuse the use the Service at any time, without providing justification, for violation of requirements by the User, and to block the Advertising, Advertising Campaign, Website and/or the User’s Account at the Company’s discretion.
7.4. If a dispute arises, the decision rests with the Company.
7.5. Cooperation may be refused without justification.
8. Guarantees and limitation of liability
8.1. Use of the Service is at the User’s own risk. The Service, all its content and the softwareavailable on or via the Service are provided “as is” and “as available”. The Company does not bear any liability, including for whether the Service meets the User’s intended purposes or specific expectations from using the Service.
8.2. The Advertiser guarantees that it and any of its subsidiaries or controlled entities, directors, officers, agents, employees or affiliates of the Advertiser, to the knowledge of the Advertiser, are aware and are compliant with sanctions enforced by the U.S. and the E.U, and other states acting as a party to such sanctions.
8.2.1. The Advertiser, its subsidiaries or controlled entities, directors, officers, agents, employees or affiliates of the Advertiser do not carry out economic or other mutually beneficial activities with individuals and/or legal entities of the sanctioned countries.
8.2.2. Damages caused by the provision of false information shall be reimbursed in full by the Advertiser and its related parties.
8.2.3. If the Advertiser or any of its subsidiaries or controlled entities, directors, officers, agents, employees or affiliates of the Advertiser is included in the US and/or European Union sanctions lists, the Advertiser must notify the Publisher/Service in writing within 3 (three) days.
8.3. The Company does not guarantee that:
8.4. Any information and/or content (including downloadable software, letters, any instructions for action, etc.), to which the User receives access using the Service, the User uses at his or her own risk solely while being responsible for the possible consequences of using the specified information and/or content, including for damage to the User’s hardware and/or software or to third parties, for the loss of data, and/or any other damages.
8.5. In the event that the Company discovers or investigates fraud or another breach of this Agreement, and/or any fraudulent activities carried out to deceive the Company and increase the earnings using the Service, the Company reserves the right, at its own discretion, to block the Advertising Campaign/Advertising, the Website and/or User Account without prior notice. The Account will be blocked and/or deleted according to clause 4.18. of the Agreement.
The User waives the right to return an Advance Payment or get the Publisher’s Remuneration. The Company is entitled to withhold the funds from the balance of the User Account (hereinafter the “User’s Balance” or “Balance”) as a one-time fine for violating the terms of this Agreement. The funds will be deducted immediately after the Account is closed. The User can send claims and objections for consideration to the Company by e-mail at email@example.com within 30 (thirty) calendar days from the moment the Account and/or the Advertising Campaign/Advertising have been blocked.
8.6. If any fraudulent attempts are detected, or fraudulent operations are suspected of being carried out when working with the Website (kadam.net), which are related to the online deposit of Advance Payments made by the Advertiser ot to the Publisher’s Remuneration payment, the Company reserves the right to block the User Account at any time and request the documents to clarify the circumstances. In the event that fraud is discovered, the Company reserves the right to deduct funds from the User’s Balance to the Service as a one-time penalty and to report this fraud to law enforcement agencies, banking institutions, and other organizations involved in preventing fraud.
8.7. The Advertiser is solely responsible for the placement of Advertising that contravenes the law of the Republic of Cyprus or the law of the country of residence of the Target Audience of the Website on which the Advertising is published.
8.8. The Publisher is solely responsible for Advertising published on a Website that violates the current law.
8.9. The Company, its affiliates, subsidiaries, service providers, licensors, officers, directors or employees are not liable for any loss or damages including but not limited to loss of profits, goodwill, loss of business, litigation costs or any other lossesthat occurs as a result of the User’s use of the Service or its individual parts/functions.
You access the Company's Website and use the Service at your own risk and for your sole responsibility. You agree to fully indemnify, defend and hold Kadam and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees harmless from any claim, demand or liability, including reasonable attorneys' fees, related to your use of the Website, Account and Service or any violation of this Agreement or applicable law.
8.11. The Company cannot and does not monitor the User’s compliance with the terms and conditions of Section 9.2. hereof, and may not be held liable for the User’s violation of the laws on the elimination of the legalization of proceeds from crime and the financing of terrorism.
8.12. THE COMPANY DOES NOT MONITOR PUBLISHED ADVERTISING CONTENT INSOFAR AS FILTERING OR OTHER MEANS OF PREMODERATION OF THE ADVERTISEMENT OR INFORMATIONAL CONTENT WOULD LEAD TO AN EXCESSIVE LOSS OF THE COMPANY’S RESOURCES, WHICH WOULD BURDEN THE COMPANY WITH EXCESSIVE EXPENSES. THE COMPANY ACTS AS AN ISP IN THE MEANING ADOPTED BY THE COMMUNICATIONS DECENCY ACT (CDA) IN THE UNITED STATES OF AMERICA.
8.13. If the Advertisement violates a third party’s copyright, you can notify the Company of such a violation by sending an e-mail to firstname.lastname@example.org.
The notification of copyright infringement should contain:
the physical or electronic signature of a party authorized to act on behalf of the copyright owner whose rights were violated;
an indication of the specific object for which the copyright was violated or all such objects in one list;
a reference to the content considered to infringe on the copyright or violates it for which access should be limited, as well as sufficient information to establish the location of this content on the service provider;
sufficient contact information for the ISP to contact the complainant: physical address, telephone number, and, if available, e-mail address;
assurance that this party has substantial grounds for suspicion that the disputed content was used or published without the appropriate permission from the right holder, his or her representative, or the law;
assurance that the information provided is accurate, and that the complainant does have the authority to act on behalf of the owner of the copyright violated.
8.14. The Сompany exclusively provides services regarding the publication of advertising content. The Company neither checks the information or any part of the information contained in the advertising content for accuracy, veracity, and/or relevance, nor does it guarantee the veracity, accuracy, and/or relevance of any information or any part of the information included in, connected with, or specified in the advertising content published on the websites and other resources of the Company and/or Company’s contractors nor checks the advertising content for misinformation or false information, including, but not limited to misinformation or false information regarding COVID-19. The Company is not liable for the presence of any information or any part of the information that is inaccurate, false, or does not reflect reality, nor is the Company liable for the presence of misinformation or false information within advertising content.
9. Financial relationship
9.1. The terms of payment with the Company depend on the User’s role:
9.1.1. The Advertiser understands and agrees that:
9.1.2. The Publisher understands and agrees that:
9.2. The User may sign a written contract with the Company by sending a request for such a document to email@example.com or via the Personal Account. In that case, the written contract shall prevail over this Agreement.
10. Intellectual property rights
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 Republicthe of Cyprus, the laws of other countries, and/or international law.
10.2. The Company grants the User 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 may not (and may not give the permission to) copy, modify, create derivative works, reverse engineer technology, decompile or otherwise attempt to extract the source code of the software or any part thereof. The User agrees that he or she will not reproduce, duplicate, copy, sell, exchange or resell the software provided to him or her as part of the Service for any purpose and will not modify the Service for any purpose.
10.3. Unless the User has agreed to a different arrangement in writing with the Company, the User may not use the intellectual property objects (for example, logos, trade names, trademarks, and other trademark features, the content of kadam.net, etc.).
10.4. All objects available via the Service, including design elements, text, graphics, illustrations, video, computer programs, databases, music, sounds, and other objects (hereinafter the Service Content), as well as any content published on the Service, are the exclusive rights of the Company, and, in some cases, of Users and other copyright holders.
10.6. The Company does not acquire the rights to the intellectual property contained in Advertising and does not grant licenses or transfer the rights to Advertising to third parties. Where needed for the purpose of fulfilling of the Company’s obligations hereunder, the Advertiser grants to Company the worldwide, non-exclusive, royalty-free right and license to use and reproduce, copy, distribute and display the Advertisement and ad content that the Advertiser submits when using the Service.
The Company is not liable for the content contained in Advertising that violates the intellectual property rights of third parties.
10.7. If the User shares any comments, suggestions or other feedback (“Feedback”) about how to improve the Service or any part of it, the User grants the Company the unlimited right to use, disclose and otherwise exploit the Feedback at our discretion without any restriction or compensation to the User. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
11. Privacy and Data Protection Policy
11.1. You agree not to disclose the Company’s confidential information without the prior written permission of the Company. The Company’s confidential information includes but is not limited to:
all Company software, technologies, programs, specifications, content, instructions, and documentation;
clickability or other Service statistics and this Agreement;
any other information in writing that is marked by the Company as “Confidential” or similar.
11.2. The Company restricts access to the personal information of Users. All Service Users are required to comply with the Company’s Privacy and Data Protection Policy published on the Website.
11.3. The Company does not collect, disclose, or use any personal data of individuals under the age of 16. If the Company is provided with information that it is processing the personal data of individuals under the age of 16, the Company will immediately take steps to remove any personal information belonging to minors.
12. Term and Termination
12.1. This Agreement will remain in full force and effect as long as you continue to access the Website, use the Service and remain your Account active. You may terminate this Agreement by deleting your Account provided that you are not in arrears to the Company.
12.2. Kadam reserves the right to block, suspend or terminate your access to the Account and Service at any time without prior notice, in the case we determine that you violate or fail to comply with this Agreement or applicable law, without any liability and without provision of any compensation to you in this regard.
13. Final provisions
13.1. All possible disputes arising from the relationship governed by this Agreement are resolved in the manner prescribed by the Company’s current law. Everywhere in the text of this Agreement, unless expressly stated otherwise, the term “law” / “legislation” implies both the law of the Republic of Cyprus and the law of the location of the User.
13.2. If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact us at firstname.lastname@example.org to try resolving your problem directly with us.
Any dispute or claim relating in any way to your access to Kadam’s Website, use of your Account and/or Service, or otherwise arising out of or relating to this Agreement that cannot be resolved directly between you and us shall be resolved by the respective court of the Republic of Cyprus.
13.3. Nothing in the Agreement shall be construed as establishing a relationship as an agent, partnership, joint venture, personal employment, or other relationship not expressly provided for by the Agreement between the User and the Company.
13.4. If one or more of the provisions of this Agreement is declared invalid or unenforceable, the remaining provisions of the Agreement are considered valid and applicable, regardless of the reason for invalidation or unenforceability.
13.5. The User may receive information on previously existing partnership and affiliate programs of which he or she has been a member or continues to be by contacting the Support Team at email@example.com.
13.6. The Company’s lack of action 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 at a later date, nor does it imply that the Company waives its rights in the event of similar subsequent violations.
13.7. The original text of 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.
13.8. This Agreement does not require a signature and is valid for the Parties in electronic form.
13.9. Should you have any questions concerning this Agreement, please contact us at firstname.lastname@example.org.