TERMS & CONDITIONS
1.1 The Site, the Adfuel Platform and the Adfuel Services may include, but are not limited to, the provision of an online self-service, real-time bidding advertising application whereupon user-generated-content (‘UGC’) may be uploaded, posted and accessed which may include text, reviews, articles, images, graphics, photos, stories, audio, video, software, audio visual combinations as well as interactive features (including file-sharing facilities by way of the social media icons where applicable) and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site or the Adfuel Platform for Your use and for the use by an Adfuel Subscriber (or a visitor to the Site as the case may be to the extent permitted by the functionality of the Site).
1.2 By using any of the Adfuel Services, the Site and the Adfuel Platform, You expressly agree to be bound by these Terms and all applicable laws and regulations governing the Adfuel Services, the Site and the Adfuel Platform. These Terms form a legally binding agreement between You and Adfuel and apply to all Adfuel Subscribers to the Adfuel Services who may also be contributors of UGC posted on the Site or the Adfuel Platform.
1.3 You should read these Terms carefully and ensure that You understand the effect before proceeding to use the Adfuel Services. If You disagree with any part of these Terms, do not use the Site and the Adfuel Platform. If You violate these Terms, Adfuel may terminate Your use of the Site and the Adfuel Platform, bar You from future use of the Site and the Adfuel Platform and/or take appropriate legal action against You. Adfuel reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Site or the App Site. Please check this page periodically. You agree that Adfuel will treat Your use of the Adfuel Services, the Site and the Adfuel Platform as acceptance of the Terms including Your continued use subsequent to any changes being posted on the Site or the App Site.
2. IP LICENSE
2.1 When using the Site or the App Site to access the Adfuel Services, if You make use of a feature that allows You to publish any UGC via the Site or the App Site in connection with placing advertisements by way of uploading text, comments, links, photos, You automatically grant to Adfuel , a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the Adfuel Services, including without limitation the promotion and redistribution of all or part of Your UCG (and derivative works thereof) in any media formats and through any media channels (‘IP Licence’).
‘UGC’ means content provided/ generated by an Adfuel Subscriber when accessing and using the Adfuel Services which are uploaded, embedded or otherwise displayed and/ or stored on the Site or the App Site by an Adfuel Subscriber for any purpose which may include but are not limited to text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other advertising materials in any form, medium or technology now known or hereinafter developed.
2.2 Unless terminated (or suspended) for
reasons such as those set out in the Licence or unless Adfuel is no longer providing the Adfuel Services to You, the above IP Licence granted
by You terminates when Your UGC is removed/ deleted. You must contact Adfuel by email to request removal or deletion of UGC or cancellation of Your subscription in accordance with Your Adfuel Subscription Software Package and the terms of Your White Label Retail Software as a Service Licence (agency) or Your Adfuel Subscriber Licence (advertiser).
2.3 Adfuel do not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of posting or publishing it. Adfuel do not claim ownership of the UGC You submit or make available for inclusion on the Site. You retain all of Your ownership rights in Your UGC but You grant the limited IP Licence set out in Clause 2.1.
3. ADFUEL CONTENT ON THE SITE
With the exception of UGC submitted to the Site or the Adfuel Platform by You, all other content and the selection and arrangement of such content on the Site or the Adfuel Platform constitutes “Adfuel Content” and is either owned by, or licensed to, Adfuel and is subject to copyright, trade mark rights, and other intellectual property rights of Adfuel and licensors of Adfuel . Such Adfuel Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Adfuel Content not uploaded or posted by You are trade or service marks of their respective owners. Such Adfuel Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Adfuel or, where applicable, the licensors of Adfuel . Adfuel and/ or its licensors reserve all rights not expressly granted in and to their Adfuel Content.
4. COPYRIGHT LICENSE
We will terminate the privileges of any Adfuel Subscriber who uses the Site or the Adfuel Platform to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, Adfuel Subscribers who submit UGC to the Site or the Adfuel Platform must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the Adfuel Subscriber that they have used the Site or the Adfuel Platform as an instrument of unlawful infringement, We will terminate the infringing Adfuel Subscriber’s rights to use and/or access the Site. We may, also in our sole discretion, decide to terminate an Adfuel Subscriber’s right to use or access the Site or the Adfuel Platform prior to that time if We believe that the alleged infringement has occurred.
5. VERIFICATION AND REGISTRATION
In order to become an Adfuel Subscriber and to gain access to the Adfuel Services, You must register on the Site, be verified and obtain an Adfuel
Login in accordance with the terms of Your White Label Retail Software as a Service Licence (agency) or Your Adfuel Subscriber Licence (advertiser).
6. GENERAL RESTRICTIONS ON USE
Subject to the following express restrictions, Adfuel grants You permission to access and use the Site, the Adfuel Platform and the Adfuel Services. You may view Site or App Site pages, download Site or App Site pages (for caching purposes only) and print Site or App Site pages (excluding Site or App Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree.