Terms of Use
Thank you for using the adperiscope.com application programming interfaces (the "adperiscope.com services"). By using the adperiscope.com services, you agree to these terms of use (the "Terms of Use"). If you disagree with any of the terms below, adperiscope.com does not grant you a license to use the adperiscope.com services.
adperiscope.com reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at http://adperiscope.com/policies/terms. adperiscope.com may change these Terms of Use by posting a new version without notice to you. Use of the adperiscope.com services after such change constitutes acceptance of such changes.
Licensed Uses and Restrictions.
- The adperiscope.com services are owned by adperiscope.com and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the adperiscope.com services, all updates, revisions, substitutions, and any copies of the adperiscope.com services made by or for you. All rights not expressly granted to you are reserved by adperiscope.com.
- Subject to the restrictions set forth in these Terms of Use, YOU MAY use the adperiscope.com services and any updates provided by adperiscope.com (in its sole discretion). Your license to the adperiscope.com services under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the adperiscope.com services. adperiscope.com may terminate the license at any time for any reason. These Terms of Use terminate automatically if
- You violate any term of these Terms of Use
- adperiscope.com publicly posts a written notice of termination on adperiscope.com's Web site
- adperiscope.com sends a written notice of termination to you
- adperiscope.com ceases providing access to the adperiscope.com services to you.
YOU SHALL NOT:
- share your access credentials to adperiscope.com with anyone but yourself. The access credentials provided to you are only meant for you to access the service from a single computer at any given time. Any attempt to use our services simultaneously from multiple computers using singular access credentials violates our fair use policy and will result in termination of your account.
- use the adperiscope.com services in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence,goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
- use the adperiscope.com services in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the adperiscope.com TOS or these Terms of Use;
- use the adperiscope.com services to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the adperiscope.com services are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which adperiscope.com is not responsible;
- sell, lease, share, transfer, or sublicense the adperiscope.com services or derive income from the use or provision of the adperiscope.com services, whether for direct commercial or monetary gain or otherwise, without adperiscope.com's prior, express, written permission; or
- use the adperiscope.com services in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the adperiscope.com API documentation located within http://adperiscope.com/, as determined by adperiscope.com in its sole discretion. use any automated scripts, bots or scraping tools to mass download the data from our servers on your computer is strictly prohibited
- use the adperiscope.com services in a product or service that competes with products or services offered by adperiscope.com.
- adperiscope.com takes end user security and privacy very seriously, and You agree to give us all necessary assistance for the operation of Your Application in compliance with these TOU and any applicable laws.
- Contact and Cooperation. You (or the name of the contact You gave to adperiscope.com when You applied for your account if it's not You) must be reachable at all times for security questions or concerns. You can change this name or contact by signing up for a new account, and providing the correct contact information and using the new account instead. (http://adperiscope.com/) (iv) Virus Precautions. All materials, including software and documents, that You provide to adperiscope.com, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. Any data provided to adperiscope.com must not contain harmful scripts or code.
Ownership and Relationship of Parties.
The adperiscope.com services may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. adperiscope.com's rights apply to the adperiscope.com services and all output and executables of the adperiscope.com services, excluding any software components developed by you which do not themselves incorporate the adperiscope.com services or any output or executables of the adperiscope.com services. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use and in the TOS. adperiscope.com owns all rights, title, and interest in and to the adperiscope.com services. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by adperiscope.com, including (but not limited to) the adperiscope.com services and adperiscope.com trademarks.
Support
adperiscope.com may elect to provide you with support or modifications for the adperiscope.com services (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. adperiscope.com may change, suspend, or discontinue any aspect of the adperiscope.com services at any time, including the availability of any adperiscope.com services. adperiscope.com may also impose limits on certain features and services or restrict your access to parts or all of the adperiscope.com services or the adperiscope.com Web site without notice or liability. Please register your application for priority notification of status alerts.
Fees and Payments
adperiscope.com reserves the right to charge fees for future use of or access to the adperiscope.com services or the adperiscope.com services and Web sites (collectively, "adperiscope.com services Services") in adperiscope.com's sole discretion. If adperiscope.com decides to charge for the adperiscope.com services Services, such charges will be disclosed to you prior.
Disclaimer of Any Warranty.
- SOME OF THE adperiscope.COM SERVICES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. adperiscope.COM DOES NOT REPRESENT OR WARRANT THAT ANY adperiscope.COM SERVICES ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
- THE adperiscope.COM SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND adperiscope.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
- YOUR USE OF adperiscope.COM SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY adperiscope.COM SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Limitation of Liability.
adperiscope.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE adperiscope.COM SERVICES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT adperiscope.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL adperiscope.COM BE LIABLE TO YOU FOR ANY AMOUNT.
Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against adperiscope.com, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of adperiscope.com services. If you are a California resident, you waive your rights under California Civil Code ยง 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify adperiscope.com and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of adperiscope.com services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. adperiscope.com shall use good faith efforts to provide you with written notice of such claim, suit or action.
General Terms
- Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and adperiscope.com shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of adperiscope.com, express or implied, and you shall not attempt to bind adperiscope.com to any contract.
- Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
- No Waiver of Rights by adperiscope.com. adperiscope.com's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
- Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between adperiscope.com and you with respect to the subject matter hereof.
Last Updated: Oct 10, 2018