The terms for adfinito are important as per any site that you sign up with. When using adfinito for creating and sharing Content it will involve using particular images or concepts so you should ensure you are familiar with the Terms Of Service. Please pay particular attention to sections 4, 5 and 8 which clearly set out the terms associated with Content shared on adfinito.
Don’t be alarmed we have tried to make it easy to follow.
These Terms of Service (“Terms”) are between you and adfinito. These Terms govern your access to and use of adfinito services, including all mobile applications (“Apps”), websites and channels (collectively the “Services” or “adfinito”), and any clocks, images, design, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is dependent on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any Content you publish using the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through other third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that adfinito provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, adfinito may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. adfinito also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by adfinito on the Services are subject to change. In consideration for adfinito granting you access to and use of the Services, you agree that adfinito and any of its subsidiary, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Any information that you provide to adfinito (including information you provide with connecting the Services to any social networking account is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information outside of the EU and/or other countries for storage, processing and use by adfinito. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your adfinito account. adfinito cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. adfinito will have the right to, but are not required to monitor or control the Content posted via the Services and cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. adfinito will have the right to remove any content it deems as unsuitable for public display or is asked to remove due to any copyright infringements.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that might be deceptive. Under no circumstances will adfinito be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
adfinito may offer you the opportunity to invite your friends or contacts to view your clocks or otherwise enjoy the Services. If you choose to send text message invitations, those messages will be sent from the native SMS application on your device. If you do choose to send such invitations, you represent to adfinito that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
You retain your rights to any Content you submit, post or display on or through the Services that is not already available in the public domain. In order to make the Services available to you and other users, adfinito needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for adfinito to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who utilise or partner with adfinito for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by adfinito, or other companies, organizations or individuals who partner with adfinito, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by other users or our partners and if you do not have the right to submit Content for such use, it may subject you to liability. adfinito will not be responsible or liable for any use of your Content by adfinito in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You also represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Services, nor any use of your Content by adfinito on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Subject to your compliance with these Terms, adfinito grants you a limited, non-exclusive, non-transferable license to access and view the Content posted by other users via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
adfinito gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the service that is provided to you by adfinto.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of adfinito. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and associated countries. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding adfinito, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate users or reclaim usernames without liability to you.
You may NOT post Content that:
Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
Promotes discrimination, hatred or harm against any individual or group;
Is a direct and specific threat of violence to others;
Is defamatory, obscene or pornographic;
Is furtherance of illegal activities; or
Is harassing, abusive, or constitutes spam.
Privately shared Content is not accessible by adfinito. Were possible we reserve the right to access, read, preserve, and disclose any information that is available to be accessed as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of adfinito , its users and the public. adfinito does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
Any of the following activities will result in the immediate suspension of the account:-
access, tamper with, or use non-public areas of the Services, adfinito computer systems, or the technical delivery systems of adfinito providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by adfinito (and only pursuant to those terms and conditions),
interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
use, display, mirror or frame the Services or any individual element within the Services, adfinito name, any adfinito trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without adfinitos express written consent;
avoid, bypass, remove, deactivate, impair, decompile or otherwise circumvent any technological measure implemented by adfinito or any other third party (including another user) to protect the Services or Content;
attempt to access or search the Services or Content or download Content from the Services through the use of any engine, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by adfinito or other generally available third-party web browsers;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
use any meta tags or other hidden text or metadata utilising adfinito trademark, logo, URL or product name without adfinito express written consent;
use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
violate any applicable law or regulation.
adfinito respects copyright law and expects its users to do the same. It is the adfinito policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Terms will continue to apply until terminated by either you or adfinito as follows.
You may end your agreement with adfinito at any time for any reason by deactivating your accounts and discontinuing your use of the Services.
We may suspend or terminate your account at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, 12, 13 and 14.
Nothing in this section shall affect adfinitos rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
You will indemnify adfinito and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Content, or (iii) your violation of these Terms.
Please read this section carefully since it limits the liability of adfinito. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, ADFINITO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
adfinito Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from adfinito Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that adfinito are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by adfinito Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ADFINITO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ADFINITO ENTITIES EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100.00) OR THE AMOUNT YOU PAID ADFINITO, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE LIFE ON AIR ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Governing Law
These Terms and any action related thereto will be governed by the laws of England and Wales
The failure of adfinito to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without adfinitos prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. adfinito may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by adfinito under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and our Privacy Policy are the entire and exclusive agreement between adfinito and you regarding the Services (excluding any services for which you have a separate agreement with adfinito that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between adfinito and you regarding the Services and Content.
We may revise these Terms from time to time, the most current version will always be at adfinito.com/terms. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by adfinito.