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Terms of use

The following document outlines the Terms of Use of Soda Media Network

Effective date: January 9, 2017.

PLEASE READ THE FOLLOWING TERMS OF SERVICE THOROUGHLY. BY ACCESSING OR USING THE SITE AND/OR SERVICES AVAILABLE THROUGH THE SITE (AS DEFINIED BELOW), YOU HEREBY AGREE TO BE BOUND CONTRACTUALLY BY AND FIRMLY ADHERE TO THESE TERMS OF SERVICE, AS IT MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU MAY NOT ACCESS THE SITE AND USE ANY OF THE SERVICES.

General Provisions

The capitalized terms used in these Terms of Service shall have the following meaning:

  1. Ads - text-based, graphical, interactive, rich media and video, or other online advertisements, including, without limitation, banners, buttons, towers, skyscrapers, pop-ups, pop- unders and video advertisements or similar.
  2. Advertiser – the company that has decided to enter into this agreement with the Provider and that has decided to contract for the provision of Services in accordance with the provisions of these Terms of Service.
  3. Campaign - an Ads campaign as detailed in these Terms of Service.
  4. Network – proprietary network of Internet properties (which may include the Provider's own websites or downloadable software applications, as well as websites, social media pages, and downloadable software applications owned or operated by third-party publishers and affiliates).
  5. Contact Form – an electronic document placed on the Site, dedicated to contact with the Provider.
  6. Provider – an entity providing access to the Site and Services available through the Site, that is Red Sky Sp. z o.o., a company duly incorporated under the laws of Poland, with its registered office in Szczecin, at Aleja Piastów 22, Szczecin, 71-064, Poland, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Szczecin-Centrum in Szczecin – the Commercial Court, XIII Commercial Department of the National Court Register, with KRS number 0000209107, NIP (tax identification number): 6422683651, and REGON number 276822679.
  7. Publisher – the company that has decided to enter into this agreement with the Provider and that has decided to contract for the provision of Services in accordance with the provisions of these Terms of Service.
  8. Publisher Web Site - Publisher owned and in the Provider’s Network registered websites.
  9. Register Form – an electronic document placed on the Site, dedicated for registering User’s account in the Site.
  10. Site – soda.media website, accessible under the URL: http://soda.media and all associated sites linked to the Site, which are operated by the Provider.
  11. Services – the services available through the Site in accordance with these Terms of Service, which enables interested: (a) third party Publishers to monetize their Internet traffic by receiving Ads associated with various Advertiser products and/or services fed directly to such Publisher websites, social media pages or applications, and/or social networks; and (b) Advertisers to have their Ads targeted to Publishers, in each case via Provider’s proprietary optimization and behavioral Ad targeting technology.
  12. Terms of Service – this document, specifying the terms and conditions of the use of the Site and Services as well as the rights and obligations of Users and the Provider. The Terms of Service constitute a binding agreement between a User and the Provider, with respect to the User’s use of the Site and Services.
  13. User – collectively an Advertiser or a Publisher, which makes use of the Site in accordance with these Terms of Service.
Payments
  1. A User shall be debited in arrears for the Services. All billing will be based upon the numbers measured through the Provider’s analysis tool.
  2. A User shall make a deposit of money to its account in advance. The minimum amount of a deposit is USD 500.
  3. All Services shall be paid by a User through deposits of money to the User’s account. A User shall receive from the Provider a monthly invoice for the amount of money spent by a User for the Services in a given month. Once the amount of deposited money is reached, the Campaign will be paused pending User approval to continue and payment of a subsequent deposit.
  4. Money deposited on the User’s account is subject to a refund, without stating any reasons.
  5. A refund will only be given if a User has spent at least 30% of deposited money. In the event that a User makes the refund request before using 30% of deposited money, Services shall be provided until this amount is reached.
  6. To make the refund request effective, it must be executed by sending a written declaration to the following address: Red Sky Sp. z o.o., Aleja Piastów 22, Szczecin 71-064, Poland or by sending a relevant declaration of intent through the following Contact Form. The refund request needs to contain username and email, which will help the Provider to identify the User. Refunds will be dealt with within 10 days following the time of receiving the proper declaration of intent. Provider will refund any money received from User using the same method originally used by User to pay a deposit.
  7. A User acknowledges and agrees that the Provider is entitled to retain the deposited money without a right for the User to claim a refund, in the event that the Provider has denied advertising material with reference to section “Campaign” below and/or rejected a Campaign with reference to section “Campaign”.
  8. A User acknowledges and agrees that any credit card and related billing and payment information that the User provides to the Provider may be shared by the Provider with companies who work on the Provider’s behalf such as payment processors and/or credit agencies solely for the purpose of checking credit and/or effecting payment to the Provider and serving User’s account.
  9. All payments are handled through PayPal, wire transfer and major cards like Visa and MasterCard.
  10. The Provider reserves the right to change prices and fees related to payable features and Services at any time. Such changes shall be posted online at the Site and effective immediately without need for further notice to the User.
  11. All payments are exclusive of all taxes, levies, duties imposed by taxing authorities or fees due to providers of financial services, and you shall be responsible for payment thereof. User agrees to pay for any taxes, fess, levies or duties that might be applicable to his/her use of the features and/or Services and payments s/he make to the Provider.
  12. The Provider will invoice and collect advertising fees from Advertisers. The Provider shall pay Publisher its agreed share of the revenue within thirty (30) days of the end of the month in which the advertising revenue is to be collected by Advertisers. Publisher revenue share, as applicable from time to time, is disclosed on Publisher account.
Campaign
  1. The Provider will implement, monitor, track and report an agreed Campaign. The Provider will furthermore report if and when errors have occurred in a Campaign in order to rectify such errors so that such Campaign can be carried out as agreed on. The Provider will also, at its sole discretion, provide support and advice on a Campaign during the term of this agreement.
  2. The Provider does not guarantee: (i) the placement, positioning or the timing of delivery of any Ad, or (ii) the number (if any) of any impressions, publications, conversions or clicks on any Ad on the Network.
  3. Advertiser will use the Services for running a Campaign as set out in the campaign details.
  4. Advertiser shall submit creatives (i.e. ad content, related technology and tags) for all Ad types in accordance with such due date as may be set out in this agreement or as otherwise is communicated by the Provider.
  5. Unless otherwise agreed in writing by the Provider, the positioning of Ads on a Network is at the Provider’s sole discretion.
  6. If Advertiser asks the Provider to carry out the posting or modification of a Campaign or any element of the Campaign (including without limitation through an authorisation for the Provider to optimise Campaigns generally), the Provider will carry out such posting and/or modification within 48 hours. Any such posting or modification carried out by the Provider shall be deemed approved by Advertiser from the earlier of: (i) confirmation from Advertiser, and (ii) the end of the 12th hour following the posting or modification carried out by the Provider. If Advertiser does not approve of the posting or modification, it must notify the Provider via email within 12 hours of the posting or modification.
  7. Advertiser is solely responsible for all: (i) creatives generated by or for Advertiser; (ii) properties to which a creative directs users (including without limitation content on the domain or landing page reached by clicking on the creative URLs; and/or (iii) Advertiser services.
  8. Advertiser is solely responsible for: (i) the adoption of any marketing strategies and methods, and; (ii) the creation, modification, maintenance, and management of budgets and accounts, whether or not such activities are performed: by or on behalf of Advertiser; or pursuant to any suggestions and/or recommendations made by the Provider.
  9. The Provider has, in its sole discretion, the right, without any liability, to deny any advertising material that includes inappropriate content such as, including but not limited to, the following examples:
    1. child pornography;
    2. illegal activity (i.e. how to build a bomb, hacking, “phreaking”, etc);
    3. hate-mongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.);
    4. violence, obscene or vulgar language and abusive content or content which endorses or threatens physical harm;
    5. illegal substance; and
    6. false or deceptive investment advice.
  10. Advertiser further acknowledges and accepts that the Provider may stop a Campaign in case Advertiser’s site include inappropriate content as described above.
  11. In order to ensure compliance with this section, Advertiser must notify the Provider in writing of any changes to the content on Advertiser’s site which could be deemed inappropriate content.
Publishers
  1. Publisher acknowledges that Publisher Web Sites must meet the following criteria: (a) Publisher Web Site is permanently available to visitors and meets technical and graphical state of the art expectations; (b) Publisher Web Site is not: under construction; (c) Publisher either owns or is entitled to use the content displayed on all URLs on which the Ad is made available to visitors; (d) Publisher Web Site does not knowingly include any virus or other destructive programming or device that could impair or injure any data, computer system or software of the Provider, Advertiser, visitors or the Provider Network as such; (e) Publisher Web Site does not knowingly violate any applicable laws or regulations, including without limitation, false or deceptive or comparative advertising laws, gaming and gambling laws, competition laws, and criminal laws; (f) Publisher Web Site does not contain content that is defamatory, violates any rights of privacy or publicity or constitutes a misrepresentation; (g) the content of Publisher Web Site does not and will not infringe any intellectual property rights or other proprietary rights; (h) Publisher does not engage in, promote or knowingly facilitate activities that are illegal; (i) Publisher will use all reasonable endeavours not to include on the site content such as hate content, bombs/guns/ammunition, invalid clicks (non-human clicks), spyware, unauthorised code request.
  2. Publisher shall be solely responsible for placing Ads as agreed with the Provider on Publisher Web Sites.
  3. No Ads may be placed on any root URL not specifically approved by the Provider for membership within the Provider Network.
  4. Publisher may not place Ads on blank pages, on pages with no content, on non-approved sites, or in such a fashion that may be deceptive to visitors.
  5. Ads may not be placed in email messages.
  6. Publisher agrees to comply with any specifications provided by the Provider from time to time to enable proper delivery, display, tracking, and reporting of the Ads to be published.
  7. Publisher acknowledges and agrees that Publisher is solely responsible for its Web Sites, including all content and materials, maintenance and operation thereof.
  8. Publisher shall not (a) directly or indirectly generate events, conversions or impressions or clicks on any Ads, through any automated, false, fraudulent or other invalid means; (b) edit or modify any information in an Ad or; (c) provide anything other than a direct link from an Ad to an Advertiser’s page.
  9. Publisher is aware and acknowledges the risk that Ads published on Publisher Web Site could be deemed illegal in some jurisdictions.
  10. In the event any Publisher Web Site is not available during more than two (2) hours or if Ads are not published as agreed, the Provider is not obliged to reimburse Publisher for such period and, in case of prepaid revenue, Publisher is obliged to refund any such prepaid revenue.
  11. Notwithstanding anything to the contrary herein, the Provider shall not be liable for any payment based on events described under section 8 above. Thus, the Provider may, in its sole discretion, refuse and/or reduce the payment of the agreed share due to such bot traffic.
    Conditions for Using the Site and Services and Rules of Liability
    1. Technical requirements concerning the use of the Site and Services are as follows:
      1. Internet connection;
      2. web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked with the Internet through a website with activated Java Script execution and writing cookies files; and
      3. valid and active email account.
    2. It is User's responsibility to ensure that the equipment owned by him/her as well as the software used meets the above requirements and allow him/her to use the Site and Services.
    3. Before starting the use of the Site and Services, a User is obliged to familiarize himself/herself with the provisions of these Terms of Service and with the Privacy Policy. Access and use of the Site and Services is equivalent to accepting these Terms of Service and the Privacy Policy.
    4. A User undertakes to respect the Terms of Service while using the Site and Services, both in its current wording and with any later amendments.
    5. A User can hold only one account. The account cannot be transferred to third party or used by such a third party.
    6. A User may not allow anyone else to use his/her login details or give them to any third party. If so, the User accepts full responsibility for the consequences of this and agrees to fully indemnify and hold the Provider harmless from any damage or harm that may occur.
    7. A User undertakes to abstain from any actions that could hinder or destabilize the operation of the Site or use of Services. The Provider may, without any previous notice, undertake any action available, inclusive of a demand for compensation, as a response to any malicious activities or any other breach of the applicable law or these Terms of Service. Without limitation, the actions referred to in the previous sentence shall be as follows:
      1. attempts at disturbing or cutting off access to accounts of other Users or to their computers (DOS, DDOS attacks, DNS spoofing);
      2. phishing, that is falsifying information which permits to identify a User or hiding such information without having first obtaining a written consent;
      3. entering malicious software into the system or onto the computers of the Provider, especially inclusive of viruses, Trojan horses or internet bugs;
      4. unauthorized scanning of the network of other Users in search of security gaps;
      5. unauthorized monitoring of network traffic or other attempts of intercepting information reserved for the Provider or to other Users;
      6. unauthorized attempts at breaking the security of a computer, network or another User’s account;
      7. pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting User to a website or to another site impersonating the Site in order to gather personal data of the User, the data necessary for logging or other information;
      8. giving unauthorized access to the account to other persons;
      9. taking over IP addresses;
      10. direct or indirect sending, collection, sale or distribution of email addresses for the purposes of sending mass unsolicited correspondence (spam).
    8. Without limiting any other provision in these Terms of Service, a User may not use the Site and Services to do the following or assist others to do the following:
      1. threaten, defame, stalk, abuse or harass other persons or engage in illegal activities;
      2. link to the Site from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or the Provider deems, in its sole discretion, to be otherwise objectionable;
      3. frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Provider and any third person or potentially deprive the Provider of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
      4. violate any person's or entity's legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices;
      5. transmit files that contain viruses, spyware, adware or other harmful code;
      6. advertise or promote goods or services the Provider deems, in its sole discretion, to be objectionable (including, without limitation, by sending spam);
      7. interfere with others using the Site or otherwise disrupt the Site;
      8. transmit, collect or access Users’ personal data without the consent of those Users and the Provider;
      9. engage in unauthorized spidering, scraping or harvesting content, contact or other personal data or use any other unauthorized automated means to compile information;
      10. defeat any access controls, access any portion of the Site that the Provider has not authorized User to access (including password-protected areas), link to password-protected areas, attempt to access or use another User’s account or information or allow anyone else to use User's account or access credentials.
    9. User may only share, post, place, submit, email, transmit or make available on the Site in any other way the content, materials that s/he created or that s/he has permission to share, post, place, submit, email, transmit or make available on the Site in any other way.
    10. User is solely responsible for any content, materials s/he make available on the Site, including without limitation, the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all content.
    11. User may not share, post, place, submit, email, transmit or make available on the Site in any other way the content that violates these Terms of Service.
    12. The Provider does not claim ownership of any content that User may post on or share through the Site; however, if User elects to submit content on areas of the Site that are generally available to the public (such as message boards, forums, blogs, etc.), s/he grants the Provider, its parent company, affiliates, and distributors an irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable, non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), advertise in, on, and around, and to incorporate such content into other works in any form, media, or technology. The User hereby declares that s/he shall not exercise his/her personal rights to the content, licensed to the Provider pursuant to these Terms of Service. Furthermore, the User hereby authorizes the Provider to perform on his/her behalf personal rights to the said content and to give to third persons authorizations to perform the said rights on behalf of the User without his/her consent as well as to anonymously disseminate the said content. The User authorizes the Provider to modify and introduce changes to the said content. The Provider may create works derived from the content licensed by the User to the Provider pursuant to these Terms of Service, including any changes thereto. The Provider may also dispose of and use such derivative works in fields of use specified above.
    13. The Provider is authorized to immediately, without prior notice, terminate an agreement, suspend or permanently remove the account of the User who breaches these Terms of Service. In such a case the Provider shall not bear any liability vis-à-vis User.
    14. The Provider is authorized to record the dialogue in public area such as message boards, forums, blogs, etc.
    15. The Provider is authorized to investigate an allegation that a communication(s) within the Site do(es) not met these Terms of Service and determine in its sole discretion to remove or request the removal of the communication(s).
    16. The Provider is authorized to remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Service.
    17. The Provider is authorized to monitor, edit or disclose any communication within the Site.
    18. The Provider is authorized to edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these Terms of Service.
    19. The Provider is not liable for the content that is provided by Users. The Provider has no duty to pre-screen such content. The Provider reserves the right to remove content for any reason, but is not responsible for any failure or delay in removing such material. The Provider is not responsible for content made available on the Internet.
    20. If User uses a Contact Form, and/or Register Form s/he is obliged to give real information, true to facts of the case.
    21. The Provider undertakes to ensure possibly the highest quality and stability of the Site and Services, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
    22. Within the maximum extent allowed by applicable law, the Provider shall not be liable for temporary inability to use the Site or Services, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, the Provider will be notifying Users of any scheduled breaks in the Site operation and Services accessibility or any inconveniences that may occur in its use. The Provider reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site and Services, which may temporarily cause difficulties or make it impossible for Users to use selected Services or the entire Site. In such a case the Provider shall not bear any liability vis-à-vis Users.
    23. In special cases affecting the security or stability of the Site and Services, the Provider reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Users and to conduct maintenance works aimed to reinstate the security and stability of the Site and Services. In such a case the Provider shall not bear any liability vis-à-vis Users.
    24. The Provider shall not bear any liability for the activities of Users or any third parties, contrary to the purpose of the Site and Services operation, specified in these Terms of Service.
    25. Within the maximum extent allowed by applicable law, the Provider shall not bear any liability in case of other Users or third party submitting any claims towards the Provider regarding a breach of the Terms of Service or the law in force, either by other Users or by third party. Only a User or third party being in breach of the law in force shall be liable in such a case.
    26. A User shall, at his/her own cost and upon a request by the Provider, join any court proceedings, instituted against the Provider, if the rules of a procedure applying in given proceedings permit it, opposing claims or concluding relevant agreements or assuming liability within the scope in which the claims regard a User infringing business secrets, copyright, trademarks or other intellectual property rights of a third party.
    27. Upon a request by the Provider, User agrees to defend, indemnify, and hold the Provider and its subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors harmless from all liabilities, damages, losses, claims, costs and expenses, including, but not limited to, reasonable attorney's fees that arise from User’s use or misuse of the Site and related to third party claims, charges or investigations, caused by (a) User’s failure to comply with these Terms of Service, including, without limitation, User’s submission of content that violates third party rights or applicable laws; (b) any content User submits to the Site; or (c) any activity in which User engages on or through the Site. The Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event User will cooperate with the Provider in asserting any available defenses.
    28. Irrespectively of all other provisions of these Terms of Service, in case any third persons submitting claims vis-à-vis the Provider, its licensees, sublicensees and their legal successors or entities onto which the Provider transferred rights resulting hereunder that result from User's infringing any author's economic rights or author's moral rights, derivative rights, violating a patent, a registered design, trademark or trade name or other rights in intangible assets, a User shall release the Provider, its licensees, sublicensees and their legal successors or entities onto which the Provider transferred rights resulting hereunder from any liabilities resulting from such claims and shall cover all costs incurred by the Provider, its licensees, sublicensees and their legal successors or entities onto which the Provider transferred rights resulting hereunder, incurred by these entities in connection with submission of claims, referred to hereinabove.
    Moment of Concluding of the Agreement
    1. An agreement for providing access to the Site and Services is concluded upon entering and/or registration in the Site and simultaneous familiarization with these Terms of Service and Privacy Policy. User cannot access and use the Site and use Services without prior acceptance of these Terms of Service and Privacy Policy.
    2. Registration may be made by accessing the Site, filling a Register Form and clicking on “Sign Up”.
    3. Once the registration in the Site is made the Provider will send a User an email. A User needs to check his/her inbox (or SPAM folder) and click the confirmation link included in the message, or copy and paste it into a browser address bar. A User can terminate the agreement for providing access to the Site, effective forthwith, at any time and without stating any reasons by deleting his/her account. To that aim, the User needs to submit a relevant declaration of intent through the following Contact Form.
    4. A User may stop using the Site at any time.
    5. The Provider may terminate this agreement for convenience without cause, on forty-eight (48) hours prior written notice to User. In the event the Provider terminates this agreement during a Campaign, the Provider shall refund already paid fees not consumed as verified by the analysis tool less any transaction cost.
    6. The Provider shall be entitled, with immediate effect, to stop Advertiser’s Campaign or to prematurely terminate this agreement in writing where: (a) Advertiser uses the Services in a manner that entails the perpetration of a crime; (b) Advertiser uses the Services in a manner that occasions losses or the risk of loss for the Provider or any third party; (c) it may be reasonably assumed that a continued Campaign violates governing law; (d) notwithstanding reminders, Advertiser fails to pay agreed fees to the Provider within a stated time; or (e) Advertiser otherwise fails to comply with these Terms of Service and such breach of contract is material.
    7. This agreement will be automatically terminated when the User’s account has not been in use for more than three (3) months.
    Complaints
    1. A User has the right to lodge a complaint if the Provider does not fulfil its obligations specified herein or if the Provider fulfils them in a manner contrary to the provisions hereof.
    2. A complaint can be lodged through the following Contact Form. A complaint should include, in particular, an issue constituting the basis for a complaint and User identification information (name, email, and a correspondence address).
    3. The Provider reserves the right to contact Users if further information is required and a User is obliged to supply it promptly.
    4. Within 14 calendar days of receiving User’s complaint in proper form the Provider will:
      1. complete its internal investigation and advise User of its decision; or
      2. inform a User that it needs more time to complete the investigation.
    5. If a complaint cannot be considered in the specified deadline, the Provider shall in that time notify by email User submitting a complaint of the reasons for such a delay and the expected date for complaint resolution and additionally provide a User with weekly updates of the progress of the investigation, except where the Provider is waiting for a response from a User and the User has been advised that the Provider requires User’s response.
    6. A complaint should be submitted within 30 calendar days as of the moment when the reasons for the complaint have become apparent.
    7. On completion of the investigation, the Provider will advise User of the outcome and the reasons for its decision with reference to the relevant provisions of these Terms of Service.
    8. If a User is not satisfied with Provider’s decision with respect to the lodged complaint, the User may wish to take the matter to an external independent dispute resolution.
    9. A reply to a complaint shall be sent to an email address or a correspondence address indicated by User submitting a complaint.
    10. Provider shall not consider complaints resulting from ignorance of the law in force, provisions of these Terms of Service, or the information announced on the Site.
    11. If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.
    Intellectual Property
    1. The Site and Services and all rights related to the Site and Services are the exclusive property of the Provider or third parties. All creative elements placed on this Site are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior authorization of the Provider or third parties.
    2. A User hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Provider or third parties are entitled.
    3. On the condition that the User complies with all his/her obligations under these Terms of Service, the Provider hereby grants to User a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) and to use the Site and Services as the Provider intends the Site and Services to be used, and only in accordance with these Terms of Service. Provider grants to the User no other rights, implied or otherwise. User will not nor will User allow any third party to: (a) copy, modify, adapt, translate or otherwise create derivative works of the Site or Services; (b) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Site or Services, except to the extent applicable laws specifically prohibit such restriction; (c) rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Site or Services; and (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Site or Services. User will comply with all applicable laws and regulations relating to the use of and access to the Site and Services. User may not provide access to the Service to third parties. The license granted above and User's right of use of the Site and Services will terminate immediately if User fails to comply with these Terms of Service.
    4. Users can use third parties’ goods and products offered by the Provider through the Site in accordance with and subject to licenses granted by these third parties.
    Personal Data Protection and Privacy Policy
    1. The collection, use and disclosure by the Provider of User’s personal data are governed by the provisions of the Privacy Policy, available on the Site. A User consents to the use and disclosure of User’s personal data in the circumstances stated in that Privacy Policy.
    2. A User shall carefully read the full Privacy Policy before deciding to become a User.
    3. In case a User is making use of the Site or Services in a manner violating these Terms of Service or the law in force, the Provider shall have the right to use the User’s personal data within the scope necessary to establish his/her liability. In such a case the Provider shall notify the User of his/her committing illegal activities with a demand of their immediate cessation.
    Final provisions
    1. The Terms of Service enter into force on January 9, 2017.
    2. The Terms of Service are available to Users here.
    3. The Provider reserves the right to modify, supplement, replace or change otherwise these Terms of Service at any time, and in particular by changing the fees payable, introducing new fees, introducing new Terms of Service, for one or more of the following reasons:
      1. to comply with any change or anticipated change in any relevant law or code of practice;
      2. to reflect any decision of a court, ombudsman or regulator;
      3. to reflect a change in our systems or procedures, including for security reasons;
      4. as a result of changed circumstances (including by adding benefits or new features to the Site);
      5. to respond proportionately to changes in the cost of providing Services; or
      6. to make them clearer.
    4. If any law regulates a change the Provider decides to make, the Provider can only make the change to the extent permitted by the law.
    5. If a change is required in the Provider’s view to restore or maintain the security of Services, the change may be made immediately and without prior notice to Users.
    6. In case of any modifications, supplements, replacements or other changes of these Terms of Service the User will be informed about them by means of the appropriate announcement posted on this Site's home page. Modifications, supplements, replacements or other changes take effect on the date specified by the Provider, which may not be earlier than 14 calendar days from the date of the said announcement. The User who does not agree to the modifications, supplements, replacements or other changes of these Terms of Service may terminate the agreement with the Provider and shall forthwith inform the Provider about that by sending the relevant declaration using the following Contact Form. Termination shall become effective upon receiving User’s statement but not earlier than on the date of entry into force of the amended Terms of Service. Continued use of this Site after modifications, supplements, replacements or other changes have been effectively made to these Terms of Service indicates User's acceptance of the amended Terms of Service.
    7. Neither party to this agreement may assign or transfer any of their rights or obligations under the agreement without the prior consent of the other. If undertaken pursuant to a merger, reorganization or restructuring involving the Provider, or the sale of its business by the Provider, the Provider may, by notice to a User, transfer or assign its rights, or novate its rights and obligations, under these Terms of Service and the User will be deemed to have consented to such transfer, assignment or novation.
    8. If you have any queries regarding or comments on these Terms of Service, please email us using the following Contact Form.