TERMS OF SERVICE
These “Terms of Service” set forth the terms and conditions that apply to your use of 36PRESENTS.com site and service (the “Site”). By using the Sites other than to read this page for the first time, you agree to comply with all of the Terms of service set forth herein.By creating a 36 PRESENTS account and/or using the site, you are consenting to be bound by these terms. If you do not agree to all of the terms of this agreement, do not use our services.The 36PRESENTS.com web site (“Site”) and the service provided (“Service”) are maintained and operated by 36 PRESENTS (Thirtysix Ltd). and/or its affiliates (“us”, “we”, “our”, “the Company”).
Use Of The 36 PRESENTS Site and Service
36 PRESENTS is a web application that allows you to create digital advertising campaigns and publish them to highly targeted potential customers. Our mission is to enable you to easily advertise your business to highly targeted customers and as effectively as possible using advanced data analysis and segmentation tools. If you breach any of the Terms in these Terms of Service (“Terms”), your authorization to use our Site or Service automatically terminates. We may revise these Terms of Service at any time and you agree to be bound by the revised Terms. Any modification will become effective when it is first posted to the Sites. You are responsible to return to the Terms of Service from time to time to review the most current terms and conditions. We may notify you by either posting a new version of this Term of Service, notifying visitors on the Site that a new version has been posted, or by e-mail to the last known address on file. You can send e-mail with any questions relating to these Terms of service to 36 PRESENTS’ support at [email protected]. Under this agreement, “Service” shall mean any of the Internet, mobile or other services offered by the Company, including, but not limited to, ad creation, analytic ad targeting and advertising campaign management whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cell phone or otherwise. “User Contributed Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, greeting cards, “Skins”, “Sketches”, or files) uploaded by a user through the Service or otherwise integrated into the Service by a user. “User Created Art” shall mean any intellectual property created by a user as part of his or her use of the Service.
Use of the 36 PRESENTS service – What 36 PRESENTS Provides
36 PRESENTS grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and related software and to display the results of such Service. You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of the Company.
36 PRESENTS reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
Use of 36 PRESENTS service – Your Obligations
You represent and agree that:
- You are able to enter into this agreement. You have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms;
- You are at least 13 years old, and if you are less than the age of consent in the state or jurisdiction where you are located, your parent or legal guardian has reviewed these Terms and granted permission to use the Service. If you are not at least 13 years old, you must discontinue using the Services immediately;
- You will be bound by any additional rules or policies published within or with respect to any application (“app”), forum, contest, or game provided in the Service;
- Except as expressly permitted, you will not copy, redistribute, publish or otherwise exploit material from the Service without the express prior written permission of the Company;
- Any User Created Art is your original work and your contribution to the User Created Art does not violate any third party’s privacy rights, publicity rights, copyrights or other intellectual property rights. You agree to pay all royalties, fees, and any other amounts with respect to your contribution to User Created Art;
- You have the right to display each and every item of User Contributed Content which you have released through the Service, including the right to display all copyrights, trademarks, trade names and similar intellectual property;
- You do not rely on the Company to monitor or edit the Service;
- The Service may contain content which you find offensive and you waive any objections you might have with respect to viewing such content.
Intellectual Property Rights
You retain full ownership to your content of the original content you uploaded to the Service (“User Content”). By “User Content” we mean the images, texts or formats you upload on the Site (“User Contributed Content”) and the content you generated/published on the Site (“User Created Art”). 36 PRESENTS does NOT claim ANY ownership rights in the original text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (“User Content”) that you create and post on or through the 36 PRESENTS Site. We do, however, need you to grant us certain rights in the “User Content”, so that we can incorporate such “User Content” in our services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up and allowing the download of User Content on or trough our Site. By displaying or publishing any content on or through the 36 PRESENTS Services, you hereby grant to 36 PRESENTS a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the Site in any media formats through any media channels.
36 PRESENTS rights
All materials contained on the 36 PRESENTS Site are copyrighted by Thirtysix Ltd. and protected to the maximum extent permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any portion the Sites including related graphics.
36 PRESENTS.com, 36 PRESENTS and other trademarks and/or service marks (including logos and designs) found on the 36 PRESENTS Site are trademarks/service marks that identify the 36 PRESENTS Site and the goods and/or services provided by it. Such marks may not be used under any circumstances without the prior written authorization of the Company.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods or Credits. Further, you agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company.
User Submissions, Site Security And Conduct
Any Material you post publicly to the Site will be accessible to all users of the Site (“Users”). We have incorporated all reasonable and commercially practiced measures to protect the Site from unauthorized access. Any unauthorized use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password, including the content of the materials you post on the Site. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access —either intentionally or unintentionally—by sharing your user ID or password.
Further, you agree not to:
- upload, post or otherwise transmit any content that is adult in nature unless explicitly allowed, such as any nudity in a sexual context, any content revealing exposed genitalia, or any content with adult themes; harm minors in any way;
- upload, post or otherwise transmit any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity;
- upload, post or otherwise transmit any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
- upload, post or otherwise transmit any material that constitutes a direct threat of violence against any person or group of people;
- impersonate another person or entity, including, but not limited to, a member or 36 PRESENTS official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- use the Service to provide a unacceptable user experience, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;
- use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- transmit through the Service any materials that are unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
- transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity;
- transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;
- violate any law regarding the transmission of technical data or software exported from the United States through the Service;
- interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- interfere with another User’s use and enjoyment of the Service.
36 PRESENTS reserves the right to terminate any account or user who has violated any of the above prohibitions.
Notification Of Claims Of Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers.
If you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us through the “Contact Us” form.
Newsletters, Discussion Groups, Disclaimer Of Liability
By creating an account on the Site you may subscribe to our newsletter. You can opt-out from the newsletter by unchecking the newsletter checkbox or from any email message that you receive by clicking the Unsubscribe link. We will not send you any spam or off-topic emails. Most of our emails consist of product updates, new product info, notifications and special offers.
The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Contributed Content to the Company and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any material you transmit to the Company or otherwise through the Service will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions (“Ideas”) disclosed, submitted, or offered to the Company in connection with the use of the Service or otherwise and any chat, blog, message board, online forum, text, email or other communication with the Company (“User Emails”) shall be the exclusive property of the Company. You agree that unless otherwise prohibited by law, the Company may use, sell, exploit and disclose the Ideas and/or the User Emails in any manner, without restriction and without compensation to you. For example, we may use User Content in a number of different ways, including displaying it on the Internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
We do not control the Communications, information, or files delivered to discussion groups on the Site. You understand and agree that we have no obligation to monitor the Site or the use of its Service. We may monitor or review any areas on the Site and Service where you transmit or post materials as may be required for maintenance and upkeep. By transmitting any public communication to our Site, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, re-use, reproduce, distribute, translate, publish, publicly display, publicly perform, modify, adapt, amend, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such communications, in all media now known or later developed. You warrant that you have the right to grant these rights to us. You also acknowledge and agree that any communications made to or by means of any forum on the Site are public. You acknowledge and agree that you have no expectation of privacy in any public communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and us by your act of transmitting a public communication to the Site, in our forums or elsewhere.
We disclaim any liability related to the content of any such materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You acknowledge that it is our policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the sites or this service and that we reserve the right at all times to edit, refuse to post, or to remove any materials, in whole or in part, that in our sole discretion, are objectionable or in violation of these terms.
Payments – Postpaid and Credit cards
You may use 36 PRESENTS’ post-paid services to pay for your advertising campaign. This means that you pay every billing cycle for the amount of impressions or other metrics the Company has delivered. This amount may be different every billing cycle depending on the actual performance of your campaign. You can see the full data and information on your advertiser dashboard.
Billing cycle and frequency
36 PRESENTS will typically charge you no more than once per day. However, we reserve the right to charge you more or less frequently at our discretion.
36 PRESENTS pays the PayPal transaction fee (as do all merchants who use PayPal). It’s similar to paying with credit card; the merchant who accepts the credit card pays the associated transaction fees.
There is no additional cost for you to use PayPal for your ads, unless your PayPal account is in a different currency than your 36 PRESENTS account. If this is the case, you may pay a foreign exchange fee.
Prepaid And Credits
36 PRESENTS Credits are the only currency that you can use to pay for advertising on the 36 PRESENTS Site. 36 PRESENTS credits can NOT be cashed out. Subscription points will expire on specific dates that are shown in each user’s account.
License to Use Credits
You acknowledge that the Services include fictional currency (called “Credits”), which constitutes a limited license right to use a feature of our product. The Company may charge fees for the right to use Credits, or may distribute Credits without charge, in its sole discretion. Regardless of terminology used, Credits are governed solely under these Terms, and is not redeemable for any sum of money or monetary value from the Company at any time. You agree that the Company has the absolute right to manage, regulate, control, modify and/or eliminate such Credits as it sees fit in its sole discretion, in any general or specific case, and that the Company will have no liability to you based on its exercise of such right.
Value of Credits and Record Keeping
The purchase price of Credits, the cost of banner impressions (ads served) or clicks is expected to change in accordance with the supply and demand of impressions clicks. The Company reserves the right, in its sole discretion, to make all calculations regarding the balance of Credits in your account, the number and character of Credits in your account, and to determine the number of Credits spent in connection with your activities related to Service. While we will do our best to make all such calculations on a consistent and reasonable basis, you agree that the Company’s determination of the amount of Credits, the number Credits used per ad campaign delivery, and number of Credits in your account is final, absent a showing of intentional miscalculation.
Exchanging Credits With Other Users
Any trading, selling or exchanging of Credits among users is not strictly prohibited. Users who participate in such activities do so at their own risk. Users who trade, sell or exchange Credits without a Company program agree to indemnify the Company against any adverse or negative consequences. You acknowledge that the Company (i) may limit sellers, buyers or traders to any group of users at any time; and (ii) may (but has no obligation to) halt, suspend, discontinue, or reverse any Credits transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service.
The Company is in no way responsible for the accuracy, integrity, completeness, quality, legality, usefulness, safety, and IP rights of any forum posts, commentary, ratings or compliments made by one user about other users or groups of users, and has no responsibility to offer other users an equivalent opportunity to respond.
All Sales Final
You agree that all sales of Credits by the Company are final. No refunds will be given, except in the Company’s sole and absolute discretion. All Credits will be forfeited if your account is terminated or suspended for any reason, in the Company’s sole and absolute discretion, or if the Company discontinues providing the Service.
Once a purchase has been made, it is unfortunately not possible for us to recall all copies/deliverables. Therefore, the Company does not accept refunds, returns, or exchanges. No refunds will be given, except in the Company’s sole and absolute discretion.
All widgets, js codes, data files, images and other final published files/deliverables are licensed to you (the end-user) AS IS, meaning that after receiving/getting the code from our Services the end user is not allowed to change or modify anything inside the deliverable. He can use it only as it as provided by the Service.
Bugs And Issues
The Service licensed under 36 PRESENTS Site is tested regularly by our QA team; however it may not function correctly, it may have functional, conceptual and/or documentation bugs and issues. In these cases, 36 PRESENTS will try to fix the bugs, issues and errors found and will supply the buyer with working updates. The Service is especially designed to let prospective buyers and advertisers test the Service before they make a purchase. This is why a bug found in 36 PRESENTS software will not lead to a refund.
System And Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting the servers under your control.
Links To Other Websites
Representations & Warranties – Disclaimer Of Warranties
The information and materials on the Site and Service could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.
36 presents makes no representations or warranties with respect to any digital products, services, information, materials or graphics on the web site, all of which is provided on a strictly “as is” basis, without warranty of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and noninfringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, the company disclaims any warranties: (i) for the security, reliability, timeliness, accuracy, and performance of the site and the service; (ii) for other services or goods received through or advertised on the company sites or the site or service, or accessed through any links on the site; or (iii) for viruses or other harmful components in connection with the sites or the service.
You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.
This Agreement constitutes the entire agreement between 36 PRESENTS and you with respect to the 36 PRESENTS site and service, and it supersedes all prior and similarly timed communications. If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement. Any remaining provisions of the agreement will continue to be enforced with full effect.
Limitation Of Liability
Under no circumstances are we liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the site or the service, whether the damages arise from use or misuse of the site or the service, from inability to use the site or the service, or the interruption, suspension, modification, alteration, or termination of the site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with our site or the service or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the site or the service or any links on the site. These limitations shall apply to the fullest extent permitted by law.
In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitation may not apply to you.
Consequences Of Violation Of Terms
We may without notice to you, suspend your Service or remove any materials transmitted via the Site if it discovers facts that lead it to reasonably believe the Site or Service is being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We will attempt to contact you prior to your suspension; however, prior notification is not assured.
You acknowledge that your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will not only be regarded as a breach of these Terms, but also as an infringement of the Company’s copyrights in and to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate these Terms, and/or to pursue other remedies at law or in equity.
You acknowledge that we may delete your account for any reason, and if we delete your account as provided in these Terms (for example because of your violation of our Copyright Policy), you will lose all Credits in your account, whether they were provided to you gratuitously, or due to a payment of cash or the performance of service, and in such event, the Company shall have no obligation to make any refund to you. Until such times as these Terms are changed to the contrary, you will have no right to convert our Credits into actual money or into any tangible property.
Marketplace Pricing Confidentiality And Bidding
All pricing information is confidential and may not be shared with any other party besides 36 PRESENTS, except as expressly permitted by 36 PRESENTS or otherwise required by law. 36 PRESENTS reserves the right to terminate all Service participation if there is a breach of confidentiality for pricing or other confidential auction-related information.
The highest bid may not always win an auction, such as when a buyer, seller, or 36 PRESENTS specifies requirements on bidding terms, or specifies exclusions regarding who may buy its inventory. The 36 PRESENTS Service allows for transactions in real time, and bids and offers may compete simultaneously against multiple other bids and offers. 36 PRESENTS makes no guarantee regarding the level of impressions of ads, the timing of delivery of such impressions or the amount of any resulting payment to be made.