Terms of use

BY CLICKING THE "ACCEPT" BUTTON OR ACCEPTING THIS AGREEMENT BY USING OR INSTALLING ANY PART OF THE SERVICE DESCRIBED BELOW, THE USER AGREES TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. IN THE EVENT, IF THE USER IS NOT AGREED WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, IT IS NECESSARY TO PRESS THE "DO NOT ACCEPT" BUTTON. IN THIS CASE, THE USER MAY NOT GET ACCESS TO THE PART OF THE SERVICE DESCRIBED BELOW OR ITS INSTALLATION AND USE

Definitions

  • Publisher - a mobile application developer or a mobile application owner who wants to distribute advertising to users of his mobile application. Acceptable partners are not related to business customers.
  • Advertiser - a company, advertising agency or broker who wishes to distribute advertising through mobile applications.
  • Advertiser or publisher user
  • A company is a company that provides the services described below.
  • Services - simplifying the procedures for buying and selling mobile advertising between the publisher and the advertiser and other services provided to users by the company described below and on the website
  • Site - website and links Companies located at: redmobi.agency

Services

  • Services for advertisers. Subject to the full and timely implementation of this Agreement, including the payment of all fees, the company allows advertisers to download content, including (but not limited to): ads, text links, banners, videos and graphics ("Ads" or "Works advertiser ") to display in the publisher’s mobile application. Each work is downloaded and licensed independently. The advertiser is solely responsible for submitting, updating and uploading his work.
  • Services for publishers. Subject to the full and timely implementation of this Agreement, the Company allows publishers to publish the work of the Advertiser through the publisher’s mobile application, and the publisher hereby grants the company the right to access, index, store and cache requests made from the publisher’s application to the company, including automated ones. The works of the Advertiser can be delivered in the notification by phone or by other means indicated on the website.
  • Service availability. In accordance with the terms of this Agreement, the Company shall attempt to provide the Services for twenty four (24) hours a day, seven (7) days a week. The User agrees that from time to time the Services may be unavailable for any reason, including (but not limited to): (I) equipment malfunction; (Ii) periodic maintenance or repair procedures that the Company may conduct from time to time; or (iii) finding the service outside the control of the company or other reasons that the company could not have foreseen, including, without limitation, the suspension or failure of telecommunications and digital communication channels, hostile network attacks, network overload or other failures. Notwithstanding the foregoing, the user agrees
  • Company Materials. In connection with the performance of the Services and at the Company's sole discretion without obligation for the company, the Company may provide users with certain materials, including, without limitation, modifications to the Advertiser’s work, JAR / JAD files (Software Development Kit - "SDK"), software provision (in the form of an object code or in the form of source code), data, documentation or information developed or provided by the Company or its suppliers under this Agreement, domain names, email addresses chty and other network addresses assigned by the User, and other know-how, methods, equipment and processes used by the company to provide the Services to the User ("Company Materials").

User registration

The user must register as an advertiser or publisher in order to create a company account ("Account"). During the registration process, the User agrees to provide true, current and complete information. If the User provides information that in fact or in the opinion of the Company is untrue or inaccurate, the Company may suspend or terminate the user account. The user cannot choose a password or username that violates the policy rules described in this Agreement. The User agrees that the Company must communicate with the user, using the email address provided by the user during registration or updated by the User at any time that is provided on the site.

Licenses and Property Rights

  • The Advertiser hereby grants a license for its work to the Company and the publisher, and the company and the publisher accept from the advertiser a non-exclusive, global and royalty-free license to copy, display, distribute, create derivative works, use and transfer work via the Internet in accordance with the Company's activities of this Agreement or the activities of the publisher under this Agreement. The advertiser places the Company in a special way into the catalog, adding descriptions, meta-data, employee feedback, quality indicators or performing other actions in order to offer work to Publishers.
  • Property rights of the company. The Company reserves all rights, names and interests (including copyright and other property or intellectual property rights) on the Company's Materials and all elements protected by law, derivative works, modifications and improvements developed jointly with the Advertiser or without its participation, developed by the company, advertiser or any contractor, subcontractor or company agent or advertiser.

Site and Services: Terms and Conditions

  • Passwords If the user's password is lost, stolen or otherwise compromised, the User must immediately notify the Company, after which the company suspends access to services using such a login and replaces the password, providing a new authorized representative of the user.
  • Behavior rules. The User is solely responsible for all actions, omissions and expenses associated with the User’s account, password, or what is displayed, connected, stored or transmitted through the site. In addition to the Content Manual and other rules posted on the website, the user agrees not to participate in the inappropriate use of any service, which includes, among other things, the use of services that: (i) distribute or transmit unwanted messages, letters or unwanted commercial email; (Ii) distribute or transmit any material that may be offensive, obscene, pornographic, grossly offensive, racist, slanderous, threatening or harmful; (Iii) distribute or transmit the Advertiser Works, films, files, graphics, software or other materials, data or works that actually or potentially infringe the copyrights, trademarks, patents, trade secrets or other intellectual property rights of a person; (Iv) create a false identity or otherwise try to mislead any person, as to the essence, source or origin of any communication; (V) export, re-export or allow the downloading of any message in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all necessary approvals, licenses and / or exceptions; (Vi) intervene, violate or attempt to gain unauthorized access to any computer system, server, network or account, to which the user does not have permission to access or at authorization level higher than the user; (Vii) spread or transmit any viruses, trojan horses or other malicious data damaging or deleting data, jobs, codes or programs; (Viii) engage in any other activity which, in the opinion of the company, is contrary to the spirit or intent of this Agreement or any company policy; (Ix) launch a mailing list, any kind of answering machine or "spam" on the site or service, or processes that are executed or activated until the user has logged in to the site; (X) engage, allow or encourage any third party for generating fraudulent evaluations or fraudulent clicks on any advertisement, including, but not limited to, multiple manual clicks,
  • Rights of the company. User agrees that the Company may, at its discretion, disable access to all or any part of the site or works of the Advertiser that are stored on the site at any time and for any reason. The company is not obliged to control the site or any of the works of the advertiser, but reserves the right to do so in its sole discretion.

Payment Terms

Unless otherwise provided on the site or agreed in writing between the user and the company, the company will post a fee for the services and related payment terms on the Site. The company may change the rates and / or create new fees from time to time. If the User is an Advertiser, all fees must be paid.

1. Terms of payment for the Advertiser.

Advertisers must maintain a positive cash account balance on the advertiser's account in order to initiate and maintain an advertising campaign ("Campaign"). An advertiser’s account can be financed with a credit card, check, bank transfer, or automated clearing house (“ASN”). The company reserves the right to restrict access to any of the above payment methods or impose restrictions on the use of the payment method. Specific guidance on how to fund an advertiser's account by check, bank transfer or ACH will be provided by the advertiser’s account manager at the advertiser's request. The minimum initial balance for new accounts is $ 500. Charges will be automatically deducted from the Advertiser’s account until the balance is reached. If the advertiser's account balance goes to zero, the advertiser’s participation, including the continuation of any started campaign, will be suspended without warning. The advertiser can at any time replenish the account or add funds to it using prepaid blocks (at least $ 100). The option of automatic financing by credit card is available to advertisers, which allows them to automatically maintain their account balances at specified levels. To finance an advertiser’s account with a credit card, the advertiser must provide the company with (1) a signed credit card authorization form in the form prescribed by the Company; (2) a copy of the state photo ID (passport for non-US residents), and (3) a copy of the Advertiser credit card (front and back). These documents can be delivered by e-mail info@redmobi.agency. Individual credit card transactions may not exceed $ 10,000 (or 5,000 for international accounts) per transaction or $ 150,000 ($ 75,000 for international accounts) per calendar month. Financing in excess of the above amounts must be transferred by bank transfer or ACH. The advertiser agrees that under no circumstances will he cancel or “roll back” his payments (and the associated taxes and other fees) made to the company with a credit card. The advertiser can check the balance of his account at any time through the site. Campaign fees are usually placed in the Advertiser’s account within 24 hours after the advertisement has been delivered. Program fees do not include all taxes, duties, or other government fees. for which the advertiser is responsible. The company can change the payment system, including the current minimum levels, at any time with prior notice to the advertiser through posting on the company's website or by email. To suspend payments from your account, you must log on to the Site and complete the account freezing procedure. The advertiser understands and agrees that, until he has completed the procedure to suspend or terminate (if applicable) the account, he is responsible for all expenses incurred by him. The advertiser will also be responsible for all reasonable expenses (including legal fees) incurred by the Company in case of overdue, withheld or canceled fees. The advertiser agrees to pay for each submitted ad in accordance with the terms of the advertiser’s campaign. If the advertiser or company suspends or terminates any campaign in accordance with this Agreement, the Advertiser also undertakes to pay expenses incurred during the period of time (up to a maximum of twenty four hours) during which he takes all actions to suspend or terminate such campaigns. If you choose a payment plan that includes daily payouts for your campaign, the advertiser agrees that, up to the limit, the account balance is in excess of your stated amount, the company may charge for such surplus, provided that the company actually has the clicks for which the ad is delivered. The company will not charge higher than your account balance, regardless of how many clicks the company actually delivers beyond your daily threshold. The advertiser understands and agrees that all program charges will be calculated solely on the basis of company records. No other estimates or statistics of any kind are accepted by the company or operate in accordance with this Agreement. If the Advertiser contests any changes made under the Program, the Advertiser must notify the Company in writing within 15 (fifteen) days; Failure to notify the Company should be considered as a waiver of advertisers and any lawsuits relating to the disputed payment. The advertiser also understands and agrees that the advertiser is responsible for paying any amounts in accordance with the established procedure to the third party (s), if any, on whose behalf the Advertiser creates, provides, discloses or distributes one or more Ads. If the advertiser’s account is inactive for more than three (3) consecutive months, the advertiser’s account will be closed and all funds in it will be canceled at the discretion of the company.

2. Payment Terms Publisher.

Publishers should receive a percentage of the net revenue from the work of advertisers associated with the use of the Services by the User, as determined by the Company. Unless otherwise noted on the Site or otherwise in writing between the Company and the Publisher, net income includes real income received by the company through advertising distributed on the publisher’s mobile applications minus applicable taxes, commissions, fees, credits or other similar benefits. made by a company for a particular advertiser. The user agrees that the Company does not bear any responsibility for the payment of a percentage of net revenue, if the company does not receive full compensation by the Advertiser. In addition, the user agrees that the company is not obliged to pay a percentage of net revenue on any income received by the company for any services, provided by the Company to advertisers: consulting, ad development, copywriting or any other similar services. The percentage of net profit is paid on the first and fifteenth of each month from all balances in excess of ($ 40) forty dollars. All disputes with the publisher on other amounts must be completed within (30) thirty days after the company makes payment for the relevant period of time. The company must use its internal data to calculate the share of net revenue for the Publisher, and no other data may be used or provided by the Publisher. In addition, out of net income is not paid for use that violates this Agreement. The percentage of net profit is paid on the first and fifteenth of each month from all balances in excess of ($ 40) forty dollars. All disputes with the publisher on other amounts must be completed within (30) thirty days after the company makes payment for the relevant period of time. The company must use its internal data to calculate the share of net revenue for the Publisher, and no other data may be used or provided by the Publisher. In addition, out of net income is not paid for use that violates this Agreement. The percentage of net profit is paid on the first and fifteenth of each month from all balances in excess of ($ 40) forty dollars. All disputes with the publisher on other amounts must be completed within (30) thirty days after the company makes payment for the relevant period of time. The company must use its internal data to calculate the share of net revenue for the Publisher, and no other data may be used or provided by the Publisher. In addition, out of net income is not paid for use that violates this Agreement. The company must use its internal data to calculate the share of net revenue for the Publisher, and no other data may be used or provided by the Publisher. In addition, out of net income is not paid for use that violates this Agreement. The company must use its internal data to calculate the share of net revenue for the Publisher, and no other data may be used or provided by the Publisher. In addition, out of net income is not paid for use that violates this Agreement.

Warranties and Disclaimers

  • Company warranties and disclaimers. The user agrees that the services and all content on the Site are provided "as is" and without warranty. The company may change, suspend or terminate the provision of services (or user access) at any time, including the presence of a particular feature, advertising, publication or content without notice or liability. The Company reserves the right, at its sole discretion, to refuse to provide access to the Services for any user at any time.
  • Contracts, declarations and warranties of the user. The user declares and guarantees to the Company that :. (I) is a business, not a consumer; (Ii) that he is over eighteen (18) years old and has the power and authority to enter into and fulfill the obligations of the User under this Agreement; (Iii) The User must comply with all the terms of this Agreement, including, without limitation, the rules of conduct set forth in Section 6; (Iv) the User has provided and will continue to provide accurate and complete registration information for the company; and (v) the user is the holder of the credit card provided to the company in order to pay the fees described in this Agreement.
  • 3. Advertiser Warranty. The advertiser declares and guarantees to the Company that: (I) The advertiser has the right and authority to enter into and fulfill his obligations under this Agreement; (II) The Advertiser’s works should not contain any materials, data, works, trademarks or service marks, brand names, links, advertising or services that actually or potentially violate relevant laws or violate the ownership rights to any types of intellectual property, contracts or civil law; and (iii) the Advertiser owns the respective rights to the advertiser’s work and intellectual property, or written permission from the owner to copy, use, distribute, create derivative works, publicly perform and display the Advertiser’s Works on the Site.
  • Disclaimer of Placement. The user acknowledges that the company cannot guarantee the management of ads. which are hosted on the publisher’s mobile application. The company makes no representations or warranties regarding the advertisement of the product or service described in the advertisements, whether they contain information that may be offensive or inappropriate for the application of the publisher or users of the application of the publisher. The company is hosting and is not responsible for the accuracy of any content, copyright, legal compliance or integrity of the content posted through the services. The company is not responsible for the use of any advertising by the publisher and does not guarantee the accuracy of any display, click, time or delivery of any content.
  • Disclaimer Company. The Company makes no warranties, express or implied, including, without limitation, any implied warranties of fitness for a particular purpose and / or non-infringement of rights regarding any subject matter of this agreement.

Company Liability Limit

COMPANY IN NO EVENT SHALL NOT BE LIABLE TO USER OR ANY OTHER PERSON IN THE EVENT OF ANY DAMAGES RELATED TO INDIRECT, INCIDENTAL, PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT, THE LIABILITY SHALL NOT APPLY, EVEN IF A COMPANY HAS BEEN KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. COMPLETE RESPONSIBILITY OF THE COMPANY FOR DAMAGES IS LIMITED TO THE AMOUNT OF FIVE-100 DOLLARS ($ 500).

User Refund

User agrees to indemnify and protect the Company and its directors, officers, employees and agents from any actions, claims, claims, disputes or obligations, including reasonable attorney fees and expenses arising from: (I) a violation of this User Agreement , (Ii) any negligence or willful misconduct of the user; (Iii) any statement that the advertiser's website or works violate the copyright of a third party, a trademark or property, or intellectual property right, or a trade secret of a third party in connection with an act or omission of the User; or (iv) any action or conduct of the company provided for in this Agreement as a result of a third party action against the company and in connection with the action or omission of the User.

Term and Termination

This Agreement may be terminated: (I) by the User with a thirty-day written notice to the Company; (Ii) by the Company immediately after notification of the User; or (iii) by written agreement signed by the parties. Notwithstanding the foregoing, the Company reserves the right, at its sole discretion and without prior notice, at any time and for any reason, to suspend the User’s access to the use of the Site, the Services or any part thereof. If at the end of this Agreement, the Advertiser has a positive balance in the Advertiser’s account due to previous prepayments, the company will reimburse the advertiser with the amount of such balance (after deducting any fees that may have been incurred before or during the Termination Date). All provisions of this Agreement,

General terms

  • Independent contractors. The parties and their respective personnel must be independent contractors, and none of the parties by virtue of this Agreement has any right, authority or authority to act or create any obligations express or implied on behalf of the other party.
  • Purpose The User may not assign any of his rights, obligations or obligations under this Agreement to any person or organization, in whole or in part, and any attempt to do so will be considered invalid and / or a material violation of this Agreement. The company may activate this without notice.
  • Renouncement. No waiver of any provision of this document or of any right or means hereunder shall be effective unless it is in writing signed by the party against whom such waiver is exercised. No delay or partial non-exercise of any right or remedy under this Agreement constitutes a waiver of any other right or remedy, or in the future their exercise.
  • Independence. If any provision of this Agreement is set to be invalid in accordance with applicable law or supreme law to such an extent as to be omitted, then the agreement remains subject to execution
  • Notifications. All notices must be submitted in writing and be considered delivered when the recipient has received them by email. All notices must be sent to the parties at the appropriate addresses indicated above or at another address, as either of the parties may, from time to time, assign by notification to the other party.
  • Amendments. The Company may amend this Agreement at any time. The User undertakes to consider this Agreement before each use of the Services, agrees to any changes made in this Agreement by the company.
  • Arbitration. The parties are required to submit any dispute regarding the interpretation or observance of the rights and obligations under this Agreement for final and binding arbitration in accordance with the American Arbitration Association and the Rules of Commercial Arbitration. The arbitration is held by a single independent arbitrator acceptable to the parties. An arbitrator may award damages and / or permanent injunction, but in no case may an arbitrator have the right to award punitive or punitive damages. Notwithstanding the foregoing, one of the parties may apply to the court of competent jurisdiction for relief in the form of a temporary restraining order or injunction, or other temporary means before the final determination of the claim through arbitration in accordance with this paragraph. If proper notice of any hearing was given,
  • Law. User agrees that this Agreement was written in the state of Colorado. This Agreement is governed in all respects by the laws of the State of Colorado, irrespective of the conflict between laws. The venue for any dispute must be the State of Colorado.
  • Preservation. The definitions of this Agreement and the respective rights and obligations of the parties in accordance with sections 4, 6, 7, 8, 9, and 11 remain in force after the termination or expiration of this Agreement.
  • Force Majeure. If the action of any party to this Agreement does not make it possible for any party due to obstacles, delays or otherwise to be possible due to any flood, unrest, fire, judicial or governmental action, labor disputes, natural disasters beyond the control of any of the parties, that party shall be exempt from these actions until it has the ability to carry them out.
  • The agreement as a whole. This Agreement constitutes a complete and exclusive agreement on all mutual agreements between the parties with respect to the subject matter of this document, replacing all previous or current proposals, communications and agreements, oral or written. In the event of any discrepancy between this Agreement and the information on the website or links on the website, this agreement shall control the website and all of its links.

The user has read, understood and agrees with the Terms of this Agreement.