Welcome to Fluid Ads, the online solution for the Create Ads industry. Fluid Ads aims to provide businesses with the most robust and easy-to-use online business tools, empowering them to efficiently grow their business, and build long-lasting relationships with customers.
BY ACCESSING THE SERVICES YOU ACKNOWLEDGE YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, THAT YOU HAVE READ AND UNDERSTOOD AND UNCONDITIONALLY AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THAT THE TERMS OF THIS AGREEMENT WILL APPLY EACH TIME YOU ACCESS THE SERVICES.
Terms in the preamble have their assigned meanings and each of the following terms has the meaning assigned to it.
“Fluid Ads.com Limited” is a legal entity which provides The Services.
“Fluid Ads Payment Services” refer to all credit or debit card processing services, including charging, refunding, reversing, and adjusting transactions as well as all pay-outs and disbursements provided by Fluid Ads and its Payment Processors.
“Fluid Ads Platform” means comprehensive platform owned by Fluid Ads Ltd, available through Fluid Ads Website and Fluid Ads Application.
“Fluid Ads Website” means internet website www.Fluid Ads.com providing access to Fluid Ads Platform.
“Order” means End User creating an Ad set, scheduling extended reach, purchasing extended reach, purchasing a package of Services, or purchasing a membership entitling End User to Services; Order can also mean creating an Ad set, scheduling and Insertion, purchasing Extended Reach for an End User.
“Platform” refers collectively to Fluid Ads Application, Fluid Ads Website any links contained within or otherwise available through external hyperlinks within Fluid Ads Application, Fluid Ads Website.
“The Services” mean services provided by Fluid Ads to Consumers through Fluid Ads Platform.
“Fluid Ads Website” means internet website www.Fluid Ads.com or external hyperlinks, providing access to The Services.
“Fluid Ads Ltd” or “Fluid Ads” means the legal entity being sole owner of Fluid Ads Website, Fluid Ads Platform and Fluid Ads Application, doing business as “Fluid Ads”.
“Fluid Ads Ltd” means Fluid Ads Ltd with it’s all subsidiaries associates and branches.
“Extended Reach” means the delivery of Ad sets using Display Networks for displaying Ad sets.
“Ad sets” means HTML 5 creative Advert designs that can be displayed by Display Networks.
“Advert” means a HTML 5 creative that is design for display at a size or ratio or zone.
“Display Networks” means a collection of websites on the internet that allow Real Time bidding for the display of banner advertisements.
“Currency Commission” is the difference between the prevailing interbank exchange rate and the rate charged when transferring between the accounts currency and USD, the rate is as defined in the selected package, typically this difference is 2% above the prevailing interbank exchange rate.
“Sales Commission” means the difference between the price Fluid Ads pays the Display Networks and the cost for the Order or Services charged to the End User.
“Insertion Start” means the date at which a given Insertion will be displayed on the appropriate Display Networks.
“Insertion” means the specific Adverts within Ad set to be display on the Display Networks.
“Drawdown Amount” means the amount of money taken/or requested from an End User and placed into the End User’s Fluid Ads Account.
“Fluid Ads Account” is an account that holds funds on behalf of an End User that is used to pay for Monthly Access Fee or Orders on the Fluid Ads Website.
“Monthly Access Fee” means the monies due each month to afford access to the Fluid Ads Website, Products and Services.
“Payment Window” is the number of days in advance that Fluid Ads holds funds in order to ensure we have enough funds to cover any committed spent. The default Payment Window is 2 days for Credit Card and 5 days for invoiced customer to ensure the funds can be made to avoid campaigns being paused.
Fluid Ads platform is a comprehensive creative create platform with ad set delivery and analysis tools, allowing creation and modify Ad sets, along with delivery of the Ad sets through Extended Reach.
Fluid Ads Platform is an opt-in part of Fluid Ads, covering among others different online delivery channels, app notifications, payment collection, advanced marketing and advanced dashboards. The intention of Fluid Ads Platform is to provide End Users with the ability to create adverts and the associated delivery with Fluid Ads acting as an intermediary for delivery through Extended Reach.
3. Availability of the Services
You acknowledge that there may be interruptions in the delivery of The Services that are beyond our control. While we use reasonable efforts to keep The Services accessible, The Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to The Services may be interrupted, suspended or terminated.
We retain the right at our sole discretion to deny service, or access to The Services to anyone or an account, at any time and for any reason.
4. Operation of The Services
We reserve complete and sole discretion with respect to the operation of The Services. We may, among other things:
(a) delete email or private messages if not been accessed within the time established by our policies;
(c) withdraw, suspend or discontinue any functionality or feature of The Services; and
(d) review uploaded files, forums, chats and user submissions and authorize restrictions on access thereto.
6. Code of Conduct
Please do not engage in the following activities, they are prohibited on the Platform and constitute express violations of the Agreement:
• Submitting any inaccurate information, committing fraud or falsifying information in connection with your Fluid Ads account;
• Attempting to, or accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
• Attempting to scan, or test the security or configuration of The Services or to breach security or authentication measures without proper authorization;
• Tampering or interfering with the proper functioning of any part, page or area of The Services and any and all functions and services provided by Fluid Ads;
• Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to The Services, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” The Services;
• Disseminating or transmitting material that, to a reasonable person, may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
• Disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any third party;
• Using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Fluid Ads;
• Reselling or repurposing your access to The Services or any purchases made through The Services;
• Using the Services or any of its resources to solicit End Users or other business partners of Fluid Ads to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Fluid Ads, including without limitation, aggregating current or previously offered Offerings;
• Accessing, monitoring or copying any content or information from Fluid Ads Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• Violating the restrictions in any robot exclusion headers or bypassing or circumventing other measures employed to prevent or limit access to The Services;
• Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
• Aggregating any live or post-feature content or other information from Fluid Ads Platform (whether using links or other technical means or physical records associated with purchases made through The Services) with material from other sources or on a secondary platform without our express written permission.
• Acting illegally or maliciously against the business interests or reputation of Fluid Ads or our services;
• Hyperlinking to The Services from any other website without our initial and ongoing consent; or
7. Fluid Ads Account
7.1 Creating a Fluid Ads Account
If you create an account for The Services, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other User. If you violate any of these limitations, we may terminate your account. If we terminate your account, you may not re-enrol or join under a new account unless if we formally invite you to do so. If you commit fraud or falsify information in connection with your use of The Services or in connection with your Fluid Ads account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages caused by your conduct, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of The Services.
Having your Fluid Ads account active, you can also access the Extended Reach functionality after approving our Agreement.
7.2 Account Communications
By creating a Fluid Ads account, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Fluid Ads, you understand and agree that you may receive automated SMS or MMS messages or communications generated by automatic telephone dialling systems and/or communications containing pre-recorded messages sent by or on behalf of Fluid Ads, or End Users, including but not limited to: communications concerning your Fluid Ads account or use of Fluid Ads Platform or The Services, updates concerning new and existing features, and news concerning Fluid Ads and industry developments.
IF YOU WISH TO OPT-OUT OF EMAIL, TEXT, OR OTHER COMMUNICATIONS, PLEASE CONTACT US DIRECTLY AT [email protected]. However, you acknowledge that opting out of Texts may lead to missed important notifications or updates, and in general impact your use of the Platform as an End User.
Standard messaging charges applied by your cell phone carrier will apply to the messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Platform.
8. Information on the Platform
We do not control the information provided by End Users and Display Networks. You may find End Users’ and Display Networks’ information to be inaccurate, harmful or offensive. By using The Services, you assume all the risks associated with the use of The Services and you agree to accept such risks and agree that Fluid Ads is not responsible for the acts or omissions of any End User or Display Network. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Platform. Fluid Ads does not currently conduct criminal background checks or screenings of its users or Display Networks, nor inquire into the backgrounds of its users or Display Networks or attempt to verify the information provided by users or Display Networks. Fluid Ads makes no representations or warranties as to the conduct of the End Users or Display Networks.
Because we do not control the security of the Internet or other networks you use to access The Services or communicate with us, we are not responsible for the security of information that you choose to communicate with Fluid Ads and The Services while it is being transmitted. In addition, Fluid Ads is not responsible for any data lost during transmission.
9. Terms of Sale for Orders
By creating and Ad set or using Extended Reach, the End User agrees to the terms of sale for the Order. The terms include, but are not limited to, the date, price, discount, and all other conditions set by the Display Networks. Definition of Terms of Sale for Orders for Extended Reach is solely the responsibility of the Display Networks. In the event of a conflict between this Agreement and the Terms of Sale for Order, the Display Networks will control. If you have issues with obtaining a refund pursuant to these Terms of Sale, please contact us by email at [email protected]
9.2 Credit Card Charges
When payment for the Order or Service is accepted through Fluid Ads Platform, Fluid Ads will charge the End User’s Fluid Ads account, if insufficient funds are available the payment will be requested from the billing method chosen. Where the billing method is credit card, the card associated with the Fluid Ads Account will be charged the Drawdown Amount or the cost of the services and products purchased (whichever is the higher) through the Fluid Ads Platform and will transfer the Order value to the Fluid Ads bank account.
(a) Orders through Fluid Ads Platform relate to certain services stated in the Order. Orders are not redeemable for cash, unless required by law. Some Orders are for Extended Reach set to start at a certain date and time, known as the “Insertion Start”
(b) Extended Reach orders using Display Networks are subject to a Sales Commission.
(c) Extended Reach orders are subject to a Currency Commission associated with your package (typically 2%) where the account is not us USD.
9.4 Bundles and Packages
Fluid Ads may make bundles or packages available in which Users can purchase to access services.
9.5 Cancellation, Refund Policy
To cancel the Order, End Users must use the cancellation feature on the Platform prior to Insertion Start. You understand and agree that in case of Extended Reach cancelled after the Insertion Start, you may charge the End User with full or partial value of the Order for the Extended Reach goods or services received.
A full refund may be issued to End Users upon three events: (a) Extended Reach was cancelled before the Insertion Start (b) if the platform pauses or cancels the Insertion (prior to any insertions being performed); or (c) if the Display Networks refuses to honour any Order. For each valid refund request, the Display Network is required to process the refund with no delay.
9.6 Limitation of Liability
(a) Fluid Ads’ Liability. You further acknowledge and agree that Fluid Ads is not responsible for (i) any price adjustments made by Display Networks related to an Order, or an Insertion Time or product or service, exchange rate and (ii) any claims for injuries, illnesses, damages, liabilities and costs (“Liabilities”) that you may suffer, directly or indirectly, in full or in part, whether related to an Order or any Services.
(b) General Limitation of Liability. To the fullest extent permitted by law, you agree to and hereby waive and release Fluid Ads and its parent company, subsidiaries, affiliates partners, officers, directors, staff members, stockholders and agents from any liabilities arising from or related to (i) any act or omission in connection with an Order or the Services, including a failure to comply with applicable law and/or failure to abide by the terms of an Order, and/or (ii) any Service, any action or inaction by Fluid Ads or Display Network and/or (iii) any indirect, special, punitive, consequential, (including, lost profits or lost data collected through the Services), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if Fluid Ads has been advised of the possibility of such damages. In no event will Fluid ads’ liability arising out of or related to this Agreement exceed the amounts paid by you in the last 12 months, whichever is less.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Fluid Ads ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. Fluid Ads Payment Services
End Users who have selected Fluid Ads Payment Services as a payment method, Fluid Ads will automatically facilitate the payment Collection. Payments collected will be inclusive of applicable taxes where required by law, Sales Commission and where appropriate Exchange Commission. This payment collected will be based on the monies needed for the Payment Window and will be for the Drawdown Amount or the monies due (whichever is the greater) and intended to ensure the funds are able to fully compensate for the services or products provided. The payment Drawdown Amount may be increased by End Users, unless differently required by local law.
11. Intellectual Property
(a) Everything located on or in Fluid Ads Platform and Fluid Ads is the exclusive property of Fluid Ads or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of Fluid Ads Platform and/or Fluid Ads without the express written permission of Fluid Ads is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
(b) The Platform contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Platform are protected by copyright as a collective work under the copyright laws. Fluid Ads owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Fluid Ads or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from Fluid Ads Platform.
(c) Fluid Ads are trademarks owned by Fluid Ads Limited. These trademarks, together with other trademarks that are located within or on the Platform otherwise owned or operated in conjunction with Fluid Ads shall not be deemed to be in the public domain but rather the exclusive property of Fluid Ads, unless such mark or platform is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Fluid Ads unless otherwise stated.
(d) You will not upload, post or otherwise make available on the Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Fluid Ads does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Platform, you warrant that the owner of such material has expressly granted Fluid Ads the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User’s personal use. You also grant Fluid Ads the right to edit, copy, publish and distribute any material that you make available on Fluid Ads Platform.
11.2 Copyright Policy
Fluid Ads reserves the right to terminate its agreement with you or any End User who infringes third-party copyrights. If you believe that any material has been posted via Fluid Ads Platform in a way that constitutes copyright infringement, you shall provide Fluid Ads with the following information:
• (a)an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
• (b) an identification of the copyrighted work and the location on the Platform of the allegedly infringing work;
• (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
• (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• (e)Contact information for notice of claims of copyright infringement is [email protected].
IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Fluid Ads and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Fluid Ads’ rights and obligations, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations.
Fluid Ads has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Fluid Ads may also at its sole discretion limit access to The Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether there is any repeat infringement.
12. Disclaimer of Warranty
You expressly agree that use of the Platform is at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF Fluid Ads ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.
Without limiting the foregoing, neither Fluid Ads, its subsidiaries, affiliates or any of their respective staff members, agents, Display Networks, third-party content providers or licensors, or any of their officers, directors, staff members or agents, warrant that use of the Platform will be uninterrupted or error free; nor do they make any warranty as to (a) the results that may be obtained from use of this platform, or (b) the accuracy, reliability or content of any information, service, or Orders provided through this platform. The Platform is made accessible on an “as is” and “as available” basis. Fluid Ads hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title noninfringement, Display Networks, and fitness for a particular purpose.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Fluid Ads DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Fluid Ads WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The information presented or contained in the Platform or provided through The Services is presented for informational purposes only. No information, whether oral or written, obtained by an end user from a Display Network, a Display Network from an end user, or from The Services will create any warranty not expressly stated in this agreement.
Each End User hereby agrees and understands that:
(a) Information about an Order for Extended Reach is provided directly by/to the Display Networks and Fluid Ads is not obligated to review information contained within an Order in any manner;
(b)The decision to make an Order is entirely in the End User’s discretion and Fluid Ads does not induce or attempt to induce any End User to make an Order;
(c) It is the responsibility of the Display Networks to add any attributable taxes to the price of the Orders.
The Extended Reach Services are provided to Display Networks. Fluid Ads makes no representations that The Services are appropriate or available for use in other locations. Those who access or use The Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Agency/Advertiser and End User Communication
Fluid Ads in some instances allows End Users to use the Platforms to express opinions and communicate with other users through forums, bulletin boards, discussion groups, chat rooms, reviews, or other communication facilities that may be offered on or through the Platform from time to time (collectively “Communities”). Fluid Ads shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Fluid Ads, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Fluid Ads shall have the right, but not the obligation, to remove any material from the Communities that Fluid Ads, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Fluid Ads.
14. Websites of Others
15. Public Nature of Your Statements and/or Ad Sets
You may choose to, or we may invite you to submit comments or ideas about The Services, including without limitation about how to improve The Services or other products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Fluid Ads under any fiduciary or other obligation to you, and that we are free to use or publish the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by reviewing or accepting your submission, Fluid Ads does not waive any rights to use similar or related ideas previously known to Fluid Ads, or developed by its staff members, or obtained from sources other than you.
17. License for Statements
By posting Statements or other information on or through the Communities or in connection with The Services, you grant Fluid Ads a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You agree to defend, indemnify and hold harmless Fluid Ads and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to:
(i) your use of and access to The Services, including any data or content transmitted or received by you;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above, or representation or warranty;
(iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
(iv) your violation of any applicable law, rule or regulation;
(v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information;
(vi) negligent or wilful misconduct; or
(vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
(b). The End User may terminate the contract by requesting the agreement is terminated via an email to [email protected], providing no less than one months’ notice. Any unused funds held in the users Fluid Ads Account will be refunded within 3 months of termination. The End User will remain liable for any monies outstanding for Orders or Services used that are not covered by funds held in their Fluid Ads Account.
20. Choice of Law
21. Additional Disclosures
No waiver by either you or Fluid Ads of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect.
Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Independent Contractors. No partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Fluid Ads in any respect whatsoever.