Easy Visual Terms Of Use

General terms of Service

These Terms and Conditions (hereinafter referred to as-Terms of use, Terms of service) govern your usage of Easy Visual service. By using Easy Visual service you confirm your acceptance Terms of Service in full. If you disagree with Terms of use or any part of Terms of use, you must not use Easy Visual service.

You must agree with and accept all of Terms of use before start to use Easy Visual service. We reserves the right to update and/or to change these Terms of Service or other conditions of use Easy Visual service at any time without notice to you. The actual version of the Terms of use is available at Easy Visual service Internet page. By using our services after Terms changing, you confirm that you are agree and accept these changes.

You can not use the Services if you have not reached the age when you can legally take on these legal obligations, or you are prohibited or limited from receiving Easy Visual service under the laws of the country of your residence or the country where you are at the time of usage the Services.

Definitions

Easy Visual, Service, Easy Visual Service, Application - web application that allows to place advertising campaigns.

The terms “us” or “we” or “our” refers to EASY VISUAL MARKETING LTD, Company number 11597127, Registered office address, Suite 13078 43 Bedford Street, London, England, WC2E 9HA.

The terms “Customer”, “you”, “User”, “Advertiser” refers to a) individual who has reached the age consent under the Law of the country of individual's residence and is over 18 years old, which are authorized for using Service b) entities which are incorporated and make deals under the Law of the country of their incorporation, which are authorized for using Service. Anyway, each Customer must have the full legal capacity.

Banner - an online advertisement in the form of a graphic image that appears on the user's smartphone screen after he unlocks the smartphone.

Budget - an amount at Service that Customer sets for each Campaign that could be increased by Customer.

Campaign - is a series of advertisement messages (banners in this case) that share a single idea and theme which make up an integrated marketing communication (IMC). Advertising campaigns include diverse media channels over a particular time frame and target identified audiences.

Campaign verification - the process when our support specialists checks if the campaign is admissible.

Content - all text, information, graphics, audio, video and/or other data that is used or/and offered in Service.

Viewer - the person who views banners after unlocking the own smartphone’s screen.

Views - the number of ad impressions that the user can see if he/she is registered and logged in the Banners App mobile app and the function of showing the banners is turned on.

Description

By using Easy Visual service Customer can make particularly effective advertisement: the advertisement is desirable, wishful and acceptable for viewer, the banners are displayed on viewers’ smartphone screen. The payment for campaign makes only for real Views of advertising by viewers.

The Easy Visual aims are to provide to Customers the ability to place their campaigns in order to show it on the Viewers' smartphone screens. Customer uses Customer’s own banners for making campaigns.

The Service allows to create and edit Customer's account, create campaign, set it`s targeting (such as interests, education, age, sex, wellness, location marital status of viewers etc.). By using Service Customers also are able to make a campaign's budget, edit or delete campaigns, view list of Customer's campaigns and use other possible service provided opportunities.

Registration and Account

Customers have to provide true and valid information about themselves. Customer cannot use the name of another person, the name that is offensive, caddish, or infringes someone’s intellectual property rights, or otherwise violates these Terms of use. If Customer is a legal entity, his representative must have the valid legal authority to represent that entity. Each Customer may register one account.

Only Customers are responsible for any activity on their account. Login and password are confidential information of Customers. If third party get information about Customers’ account, only Customers are responsible for all possible consequences.

Only Customer is fully responsible for the content of his account. By using any information on your account and on Service you confirm that you have all necessary rights to use this information in such way, as well as that does not violate the rights of the third party. By posting Customers’ content, Customers are agree that we may use this information. We will not become the owners of Customer’s content, but in that way we have your permission to use it for our purposes.

If Customer finds any Content which probably can damage your rights or rights of the third party, please, inform us, and we will remove it if we’ll get enough reasons for that.

It’ll be Customer’s responsibility to notify us immediately about any unauthorized access of use of your account or password or any other breach of security. If you ever find out or suspect that someone access your account without authorization, you are advised to inform us immediately. We shall not be responsible for any loss and/or damage arising from any failure to comply with this term of use.

If Customer registers using the Corporate-Based E-mail, the Customer is authorizing our Service to use the logo of the company mentioned at the post domain of above-mentioned E-mail for marketing purposes.

Payments

The fees we charge for using our Services are listed on Service's web page. We may change our fees from time to time by posting the changes on Service's web page with no advance notice of Customers.

Customer is able to choose among few payment’s way (payment systems), which are offered by Service, for making Customers’ fee at its own Customer’s discretion and it’s own risk. Customer is fully responsible for compliance of used payment service with laws of country of Customer’s residence.

Customer’s payment is considered to be completed in the moment of receiving payment to our account.

Customer is liable for transaction fees arising out of all fees made using some or all Services, even if sales terms are finalized or payment is made outside of Service.

Customer must have a payment method on file when using Service and pay all fees and applicable taxes associated with Service by the payment due date. In a case when Customer’s payment method fails or Customer’s account is past due, we reserved the right to collect fees owed by charging other payment methods on file with us.

Customers’ payments don't purchase exclusive rights to Banner’s exposure on Service. We may, by our own decision and without consent from Customers, payment or fee, to display to third-party advertisements (including links and references thereto) or other content in any part of our Services.

The Customer is also liable for all possible transfer risks, including, but not limited to, technical, tax, fines, losses incurred by third parties, etc.

Protecting Your Personal Information

We may use the information in ways which are provided for the Customers under the Privacy Policy. By providing for us the private information Customers agree that we are able to use this information in the any ways that we need.

Intellectual Property Rights

You are granted limited license only for purposes of viewing the material contained on this Application.

As a condition of your use of the Application, you warrant to us that you will not use the Application for any purpose that is unlawful or prohibited by these Terms. You may not use the Application in any manner, which could damage, disable, overburden, or impair the Application or interfere with any other party's use and enjoyment of the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

All content included as part of the Application, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Application, is our property or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Customers agree to observe and be abided by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Application. Your use of the Application does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of us and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the our intellectual property or our licensors except as expressly authorized by these Terms.

Copying, reproducing or making available to the public in other way all Content or any part of the Content is strictly prohibited. Nobody can copy, collect, store, use and/or transmit the information (texts, photos, videos, etc) from the this Service. None else, except us and definite Customer, may use the information, given by that definite Customer in their accounts.

Restrictions and obligations

You are specifically restricted from all of the following

  • publishing any Application’s material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Application material;
  • publicly performing and/or showing any Application material;
  • using this Application in any way that is or may be damaging to this Application;
  • using this Application contrary to applicable laws and regulations, or in any way may cause harm to the Application, or to any person or entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Application;
  • using this Application to engage in any advertising or marketing without our consent.

Certain areas of this Application can be restricted from being access by you and may further restrict access by you to any areas of this Application, at any time, in absolute discretion. You warrant that you will abide by, without limitation, all applicable local, national and international laws and regulations with respect to your use of the Application and not interfere with the use and enjoyment of the Application by other users or with the operation and management of the Application.

Using the Application is prohibited from territories and countries where the Service or any Content is illegal; and only you are fully responsible for compliance with local laws. Accepting these Terms, Customers confirm that Customers are agree that they won't claim anything against the manufacturers/makers etc

Indemnification

You agree to indemnify, defend and hold harmless Application, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Application, any user postings made by you, your violation of any terms of this Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Application in asserting any available defenses.

Ceasing and terms

These Terms are valid until the Customer’s account will cease. Every Customer may terminate own Customer's account at any time. Customer, who has terminated their accounts, may open new one anytime in future.

We reserves the exclusive right to delete or to stop Customer’s account at any time, for any reason, and without advance notice. In that case we are not responsible for any possible Customer’s losses.

Guaranties

We guaranty Customer that our purpose is do everything possible to provide correct and useful usage of Application during term of it’s usage for achieving Application’s purposes. In any case, we disclaim all guaranties, express or implicit, including the implicit guaranties of non-infringement, venality and relevance for a particular aims of Application. We make no obligations about the Content. We also deny any warranty that (a) the Application will work according with your requirements or will be always available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services or Software will be effective, expected, or reliable; (c) any errors or defects of Application will be fixed; or (d) the level of the Application will meet your expectations.

By using Application Customer confirms own consent that Content of Application (includes Advertising) may does not be appropriate for Customer or does not response for Customer’s expectations.

Limitations of liabilities

Unless stated in the Terms of Use, we are not liable to Customer or anyone else for any loss of use, data, goodwill, incomes or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages). That includes losses and damages which are result of loss of use, data, or profits, whether or not foreseeable; based on any theory of liability, including breach of contract or warranty, negligence or other similar actions; or arising from any other claim arising out of or in connection with your use of or access to the Application.

We are also not responsible for all dues, taxes and fees of Customer, which will may be a result of Customer’s usage of applications according to law of Customer’s residence or/and Customer’s national law or law of any other country.

Our Service and Content may includes the link or links or other information that can be used to achieve third party’s website (websites), or service (services). In a case of Customer’s usage of these websites, services or other resources, Customer confirms own agree that we have no responsibility for any results of that usage. Customers must understand that it is their own risk and liability. Third party may use its own terms and conditions Customers need to accept for using the services.

Usage of Application may cause loss of data and/or restrict data availability and/or cause other negative impact to the Customer, we will have no liability whatsoever to one another for any indirect, special, incidental or consequential damages, including but not limited to loss of data or records, lost profits or other economic loss, arising out of or in connection, and we will have NO liability whatsoever to any third party for any direct, indirect, special, incidental or consequential damages, including but not limited to loss of data or records, lost profits or other economic loss, arising out of or in connection with use of the Application.

Arbitration, choice of Law and Venue

To the extent permitted by applicable statutory consumer rights, these Terms of Use are governed by English law, excluding its conflict of laws provisions. Customers consent to the jurisdiction of the courts of England and Wales.

Contact information

If Customers need more information about Terms of use or have any proposal to improve them, you are welcome to contact us through support at support@easyvisual.com.