AdNeon Terms of Service
Effective
Date: June 5th,
2023
To protect the
rights and interests of you and the Users, please read the following terms
(hereinafter referred to as AdNeon Terms of Service)
in detail before registering to use the products, services, platforms, tools,
code and/or solutions of TenMax AdTech Lab Co. Ltd (hereinafter
referred to as TenMax). By clicking "Register
Account and Send Verification Email", it means that you have carefully
reviewed and understood AdNeon Terms of Service for
more than three days, and agree to fully abide by AdNeon
Terms of Service.
1.
Terms of
acceptance
You understand
that after registering as a licensed AdNeon user (hereinafter
referred to as User), you can use all the AdNeon
Services provided by the AdNeon website, and it also
indicates that you have read, understood and agreed to be bound by all the
contents of AdNeon Terms of Service. When Users use AdNeon Services, they agree to comply with AdNeon Terms of Service and relevant applicable laws. If
you are an incapacitated person, the application of AdNeon
Service shall be submitted by your legal representative on your behalf. In the
event that you are a person who has a limited capacity, you should submit the
application of AdNeon Service with the consent of
your legal representative. If you click on "Register Account and Send
Verification Email", it is deemed that you have obtained the consent of a
legal representative or have met the requirements for legal actions, and have
full capacity to act on all terms of AdNeon Services.
2.
Updates and
Revisions of AdNeon Terms of Service
TenMax reserves the right to update and revise this
AdNeon Terms of Service. If there are any updates or
revisions to AdNeon Terms of Service, TenMax will announce the update or revision on the official
website’s homepage, and no notifications will be sent to respective Users. AdNeon is not responsible for Users or third parties for
any technical issues, inconvenience or damages that may arise from terminating
or changing services, or terminating User accounts. If you disagree with the
revised terms, please discontinue the usage of AdNeon
Services. If you continue to use AdNeon Services
after the announcement, it is deemed that you have accepted and agreed to the
revised terms.
3.
Services and
Restrictions for Users
a.
Actual login
obligations:
You agree to provide detailed and real
personal or legal person’s information (including real name/title and various
related information) when registering as a new user. Should you change your
login information thereafter, you should notify AdNeon
immediately or update it online by yourself. If the personal or legal person’s
information you provide is untrue (e.g. you store
credits in a false and untruthful way, it is also considered provision of false
personal or legal person’s information) or any doubt of suspicion or confusion
of the information, TenMax may terminate your user
account and the right to use AdNeon Services at any
time.
b.
Responsibilities
and Obligations for Use of Service:
(i) The copyrights, patents, trademarks,
trade secrets and other intellectual property rights, ownership or other rights
of all works, website layouts and other materials on the AdNeon
website, are owned by TenMax or its obligee. Unless the license from TenMax
or its obligee , any form of reproduction, modification, editing,
distribution, transmission or usage for rent, sale or other purposes are
strictly forbidden. In the event of breach, you shall bear all legal
responsibilities and TenMax may claim for the compensation
according to the applicable law.
(ii) The user interface, content and codes on
the AdNeon website are the intellectual property owned
by TenMax. Unless the license from TenMax, duplication, reverse engineering, de-compile,
reverse compilation or disassembling of any function or program is strictly
forbidden.
(iii) You or the account user agree to obtain
all necessary internal authorizations and approvals from your employer prior to
undertaking the Terms of Service, if applicable.
c.
Account Custody
Obligations:
(i)
Users must create
the own account name and password. If your account name infringes any copyright
or trademark right, TenMax reserves the right to
delete your account.
(ii)
An account will only
be used by one user at a time. Users must be fully responsible for the custody
of your account and password, and are solely responsible for all activities
after logging into the system through this set of account and password. You, or
the User, agrees not to transfer or share your account and password to any
other third party.
(iii)
If the User
discovers that the own account has been used illegally or experienced a breach
of security, please notify TenMax immediately.
However, TenMax will not be responsible if the
account password is illegally used by the other third party due to the User’s
negligence.
(iv)
Users agree to
manage member accounts by themselves and be responsible for all the actions and
activities of member accounts.
4.
Scope of AdNeon Service
a.
Tool or Service:
(i) Ad serving and creative generator
service: User can upload files to the AdNeon system
to generate creatives, and obtain the creative code provided by our system.
User can perform ad delivery by uploading the code to an ad delivery system
that supports third-party creatives.
(ii) If you are an advertising agency, and if
a third party breach the AdNeon Terms of Service, TenMax has the right to immediately interrupt or terminate
the AdNeon Services.
(iii) If you breach the provisions set forth above,
TenMax has the right to immediately interrupt or
terminate the AdNeon Services, and you shall indemnify
TenMax as well as its employees, agents and affiliates
and compensate for any direct damages incurred by you as a result for such
breach.
(iv) If the account application is not
activated within 7 days (the application time will be 0:00 a.m. on the day of
application), the account will be automatically invalidated. You should
re-apply for a new account, and TenMax will no longer
send reminders by email.
b.
Usage:
(i)
You can log in to
the AdNeon platform to manage your creatives; as
agreed by both parties in writing (including email, the same applies for
below), you can also entrust a TenMax personnel to
log in to the AdNeon system to operate and manage the
settings of the creatives on your behalf.
(ii)
You will not (1)
use any other automated means to access, monitor, scrape or manage your AdNeon account, including intermediary, automated,
duplicate or spider programs, nor access, monitor, scrape or duplicate the AdNeon website or AdNeon system
or any information therein; (2) Intentionally evade AdNeon
exposure, clicks and other Event Tracking (including the use of any device,
software or program to achieve this purpose); (3) Interfere with or attempt to
interfere with the normal operation of the AdNeon
website, service or AdNeon system; (4) grant any
third party the intellectual property rights or exclusive rights of AdNeon Services, or exempt any third party from liability for
infringement of such rights; Or (5) provide any personal encrypted information
of your website's visitors, users, or customers to TenMax
or TenMax's affiliates.
(iii)
You agree to
notify TenMax in writing immediately if you notice
the possibility of security issues related to your account, such as
unauthorized disclosure or usage of your username or password.
(iv)
Users must abide
by the provisions of AdNeon Terms of Service. You are
responsible for any acts or omissions of Users related to AdNeon
Terms of Service and any fees, processing fees or miscellaneous expenses
incurred.
(v)
TenMax will conduct tests on traffic, execution
methods, and/or functions on a regular basis to improve the AdNeon
Service.
(vi)
TenMax reserves the right to modify or terminate
the partial or full provision of any tool or AdNeon Service.
(vii) TenMax may update advertisement templates and
other additional functions from time to time. The aforementioned advertisement
templates and other additional functions shall be subjected to the latest
content on the AdNeon website.
(viii)
Within 90 days
(excluding present day) before the end date of the advertising period, you
should create the advertising creative that is expected to be delivered during
the advertising period. If you did not create the advertising creative within
the aforementioned period, causing interruption in its delivery, TenMax will not be liable for such occurrences and you
shall bear full responsibility for it.
(ix)
Your information,
promotional plans (if applicable), and advertisements must comply with TenMax's policies and regulations, and these policies and
regulations may be updated any time at TenMax's
discretion.
(x)
If you are using
the Starter Workspace, and when you use the ad template in the Starter Workspace
for delivery and the number of Impressions has reached the maximum limit set by
the AdNeon website (the maximum limit of Impressions
is based on the announcement on the AdNeon website), TenMax reserves the right to discontinue all advertising
activities under your Starter Workspace, and you shall not claim any damages
from TenMax accordingly.
(xi)
If you are using
the Starter Workspace, TenMax reserves the right to
terminate your usage of Starter Workspace at any given time, and TenMax reserves the right to suspend your Starter Workspace
without prior written notice to you and you shall not claim any damages for all
advertising activities from TenMax accordingly.
(xii) You warrant that you will not use the AdNeon Service for any illegal purpose or in any illegal
manner, nor to use the AdNeon Service for the
transaction of prohibited or restricted items, and agree to comply with the
relevant applicable laws and regulations of the Republic of China and all
international regulations on Internet usage. If you are a user outside the
Republic of China, you agree to comply with the laws and regulations of your
country or region at the same time. You warrant that you will not use the AdNeon Service to engage in any illegal transactions,
transactions that are not actual consumption, cash advances for financing (commonly
known as cash transfers) or other disguised financing transactions, or involve
the transfer of funds without a substantial transaction basis, nor engage in
any other transactions on behalf of them, of whom the transaction party pays
the relevant fees in advance then requests the card issuer for payment through TenMax. If you violate the conditions in this clause, TenMax has the right to claim legal compensation.
5.
Termination and
change of service
If User has any
of the following circumstances, TenMax has the right
to immediately terminate or change the services of any User account. TenMax is not responsible towards any Users or third
parties for any inconvenience or damage that may be caused by terminating or
changing the use of AdNeon Services by Users.
a.
When User uses
the false information for the registration of AdNeon
Service.
b.
When User apply
for AdNeon Service by the other person’s name.
c.
When User breach
the AdNeon Terms of Service.
d.
When User violates
the public safety, public order or good morals.
e.
When User violates
the applicable law.
f.
When employing
any plug-in program, viruses, program loopholes (BUG) or other tools, systems
or methods that are being used to violate fairness and reasonableness to
interfere, as well as to sabotage, attack or disrupt the services, servers or
networks provided by TenMax.
6.
Discontinuation
or Interruption of Service
In the event of
one of the following circumstances, TenMax has the
right to discontinue or interrupt the provision of services. For any
inconvenience or damage caused by this, TenMax shall
not be responsible towards any User or third party:
a.
When conducting
necessary maintenance for software, hardware and electronic communications
equipment relevant to AdNeon Services.
b.
When there is a
sudden failure of hardware, software and electronic communications equipment.
c.
When maintaining
the personal safety of third parties or other Users in an emergency situation.
d.
When AdNeon is incapable of providing services due to force
majeure factors such as natural disasters.
7.
Representations
and Warranties
You represent,
warrant and undertake that:
a.
In addition to
complying with AdNeon Terms of Service, you agree to
abide by the relevant provisions of international Internet usage practices and
etiquette.
b.
Do not use AdNeon Service to transfer or publish any abusive,
defamatory, indecent, obscene, offensive articles or images.
c.
User must
acknowledge that intellectual property rights shall be fully respected, and it shall
be forbidden to publish texts, pictures or files in any form that infringe upon
the intellectual property rights or other rights.
d.
All information
is free of computer viruses, trojans, malwares, backdoors, easter eggs, logic
bombs, worms, time bombs, scavengers, and/or computer programs that could
damage, interfere with or delete any AdNeon system
information or information other computer programs.
e.
Clicking on your
own ad, downloading software applications, changing user settings, or
triggering a series of continuous or independent advertisements (including
pop-up window or pop-under window ads) will not cause damage to the user's
computer.
f.
You will not send
malicious mail or cause others to send large amounts of spam mail, or conduct
any inappropriate, malicious or fraudulent (according to TenMax)
click-throughs, exposures or marketing activities related to AdNeon Services.
g.
Your information,
advertisements (including the products and services contained therein),
websites linked to by advertisements, all emails, newsletter publications,
related information and technologies, any tools you use or provide in AdNeon Services or code, and any of your acts or omissions
in relation to AdNeon Services: (1) Does not violate
any relevant applicable laws, regulations, decrees, orders, treaties,
contracts, regulations or policies or measures of TenMax
(including but not limited to TenMax’s regulation of
advertising creative); (2) does not infringe any copyrights, patents,
trademarks, trade secrets or other intellectual property rights of any person
or entity; (3) does not violate obligations to any person or infringe their
rights, including their reputation and/or privacy; and (4) no falsehood,
hypocrisy, or defamation.
h.
If your
advertised products are medical, healthcare or skincare related products and
medical equipment (subject to TenMax’s approval,
hereinafter referred to as Healthcare and Medicine), you must provide the
licensed certificate of the competent authority for the product as required by TenMax. If a third party declares or reports to the
competent authority that the product violates local laws and regulations, TenMax reserves the right to remove the advertising
creative unconditionally, and you shall not claim compensation from TenMax accordingly. You also agree to exempt TenMax from any liabilities and be fully responsible for
all disputes related to the advertised product, and you agree to compensate for
all losses incurred to TenMax, as well as any
penalties imposed on TenMax by the competent
authority.
i.
The creatives you
provide should comply with the media’s regulations, and do not contain obscene,
pornographic, or overly sensational text and pictures, and must not violate the
relevant laws and regulations of the Republic of China or the regions where AdNeon Services are employed.
j.
You should ensure
that the advertising creatives published will not infringe on the copyright or
other intellectual property rights of any third party.
k.
If You use Ad
creatives with the function of collecting personal data (herein collectively
termed as Lead generation Ad creatives) for advertising delivery that provided
by AdNeon, you and your company and its personnel
(including but not limited to its directors, managers and employees) undertake
to comply with the relevant laws and regulations on personal data protection
(including but not limited to the applicable laws and regulations of the
Republic of China (Taiwan), the European Union and other regions, hereinafter
referred to as personal information related regulations) to collect, process or
use personal information, also inform and obtain the consent of the party
providing personal information in accordance with the law; You hereby represent
and warrant that the advertiser shall also comply with personal information
related regulations for the collection, processing or use of personal
information (and the same shall apply to that the third party which were
advertiser entrusted), and covenant that you and the advertiser have fulfilled
the obligation to inform and obtain the consent of the party providing the
personal information, and have the right to authorize TenMax
to retain or process personal information within 90 days from the date of
completion of your establishment of the Lead generation Ad creatives in
accordance with the law. You agree that you collect, process or use personal
information only within the lawful scope in accordance with the instructions of
the advertiser, if there is any violation, TenMax will
not be accountable and you shall be responsible and liable for full
responsibilities.
l.
You are
responsible for the provision and review of the creative materials. If any disputes
arise, TenMax will not be held accountable and you shall
bear full responsibilities for compensation.
8.
Warranted
Compensation
a.
You will warrant
and compensate the related parties of TenMax for all
requests arising from your information and/or advertisements, the use of any
service by Users, the AdNeon system or AdNeon website, your website, or your violation of these
Terms of Service, regardless of whether it is an actual or alleged claim (hereinafter
referred to as the claim), and agree to defend it without prejudice. You agree
to be fully responsible for the defense of any requests made to any related
parties of TenMax, but related parties of TenMax have the right to decide their own lawyers to
participate in such defenses, and you shall be responsible for the defense of
related parties of TenMax arising from all requests.
Judgment, settlement, damages, losses, liability, costs and expenses, including
reasonable attorney's fees, are fully payable. Without the prior written
consent from the related parties of TenMax, you shall
not assume the situation where the related parties of TenMax
held liable as settlement.
b.
If you violate
the Terms of Service, TenMax has the right to
immediately terminate or discontinue the provision of AdNeon
Services, and you shall indemnify TenMax as well as
Company’s employee, agent and affiliate, and compensate for any direct damages,
losses and expenses incurred as a result for such violation.
9.
Disclaimer
AdNeon Services, AdNeon
system platform, AdNeon code, and AdNeon
files are provided "AS IS". TenMax assures
that it will commit its best efforts to maintain AdNeon
as a fault-free, safe and reliable software, of which you will use at your own
discretion (of which any risks that arise may be attributable to you). TenMax offers AdNeon without any
explicit or implicit warranties, including but not limited to implied
warranties of merchantability or fitness for a particular purpose and
non-infringement. TenMax does not warrant that AdNeon will always be safe, reliable or error-free, nor
that AdNeon will always operate under imperfect
conditions without interruption or hindrance. AdNeon
is not responsible for the actions, contents, materials or data of third parties,
and TenMax is not responsible for any known or
unknown claims and damages caused to you by or in connection with third
parties. Except as otherwise explicitly agreed in this AdNeon
Terms of Service, TenMax (including all affiliates TenMax) does not provide any guarantee, representation,
condition or warranty, including the ownership, marketability, service quality,
non-infringement and suitability for a particular purpose.
10.
Limitation of Obligation
To the extent
permitted by law, the liability of TenMax related
parties in accordance with this AdNeon Terms of
Service or relevant laws is only limited to the amount you have paid to TenMax in accordance with this AdNeon
Terms of Service during the six months prior to the occurrence of the cause of
the request. Under no circumstances shall any related parties of TenMax be liable for any indirect, special, incidental,
consequential, punitive or exemplary damages arising out of or in connection
with these Terms of Service. You will not request TenMax
to be liable with regards to the selection or retention of third parties in
these Terms of Service, or any acts, errors or omissions committed by third
parties, including any third party clicking and/or viewing your ads for any
purpose.
a.
The AdNeon Service only
provides a 90-days storage service to store the files that you upload, and does
not guarantee the stability, error-free and uninterrupted service of each
service. You acknowledge and agree to bear the risk of using the AdNeon Service and any of the possible damages incurred: If
advertisements cannot be delivered due to the media system’s failure, the
malfunctioning of third-party suppliers’ or related telecommunication
operators’ network, or the negligence of human operation, resulting in your
loss, TenMax will not be liable for any compensation.
b.
TenMax will provide
various services according to the existing plan. For users with unique
requirements, TenMax does not guarantee that the AdNeon Service will fully comply with your demands.
11.
Confidentiality
Without the prior written consent of TenMax, you shall not provide or disclose the content of AdNeon Services in any way or obtain, contact or perceive
information or information deemed confidential (hereinafter referred to as “Confidential
Information”) by TenMax through the usage of AdNeon Services to a third party during your usage period
of AdNeon Services and within 6 months after you have
terminated your usage of AdNeon Services. However,
the obligation of confidentiality is lifted if: (1) the Confidential Information
has been properly obtained from a third party; (2) the Confidential Information
is widely known to the public; or (3) the Confidential Information is required
to be disclosed by law.
12.
Privacy
Protection
Unless required
by law or relevant competent authorities, TenMax will
not arbitrarily sell, exchange, rent or disclose your name, address, email
address, and other legally protected personal information without your
authorization. You also agree to allow TenMax's
affiliates or partners to use your personal data to provide you with other
services within the legal boundaries. You agree to grant TenMax
the permission to convert your personal data into user statistics and use it
publicly for any legal purposes, as long as these statistics do not reveal the
personal identity of any User. You agree that TenMax
may disclose your personal information in accordance with the law when the
following circumstances occur:
a.
Requested by
judicial, police or other authorities based on legal procedures.
b.
When your actions
violate the laws or AdNeon Terms of Service.
c.
To protect the
personal safety of other Users of TenMax or a third
party in an emergency situation as required by the law.
13.
Personal Data
Protection
a.
According to Article
8 of the Personal Data Protection Law, TenMax informs
of the following regarding personal data protection:
(i) In accordance with TenMax’s
privacy protection policy, personal data protection law, related laws and
regulations, TenMax may collect, process and use your
personal data based on the activities of Users such as registration, web page
browsing, online transactions, online activities, and provide services etc.
(ii) You can provide the following personal
information based on your own discretion: name, contact information (including
but not limited to telephone number, E-MAIL or residential address) or other
information that can be used to identify you directly or indirectly.
(iii) You agree that TenMax
will use the personal information you have provided to conduct auxiliary
program search, personal data change confirmation, social media contact, event
award notification and other services, so as to verify your identity,
communicate with you, provide you with TenMax and
other services, as well as relevant services and information of affiliated
companies or partners, and the use of other privacy protection policies and
other methods.
(iv) The period that you permit TenMax to use your personal data begins in the present
moment until all contracts between you and TenMax are
terminated.
(v) You may, in accordance with the Personal
Data Protection Law, request TenMax to (1) request
inquiries or views, (2) provide copies, (3) request supplements or corrections,
(4) request to stop collecting, processing and exploitation or (5) request
deletion. However, TenMax may choose to refuse the
above requests if it is necessary for TenMax to
perform its duties or operate its business.
(vi) You have the full authority to decide
whether to disclose your personal information to TenMax,
but if the personal information you provide is reported or found to be
insufficient to verify your identity, or if your personal information has been fraudulently
used, misappropriated, or inaccurate, TenMax reserves
the right to temporarily stop providing services to you, including any event
wins, promotions etc. We apologize for any inconvenience caused.
(vii) In addition to the personal data
protection matters above, these Terms of Service also include various articles
covered under the Personal Data Protection Law.
b.
TenMax commits to cooperate with you and
third-party data processors to comply with the EU's General Data Protection
Regulation (GDPR), and process data in accordance with the data exporter's
instructions during the entire data processing process. Please refer to TenMax's TenMax Privacy Rights
Policy (https://www.tenmax.io/en/privacy-policy).
14.
Individual Terms
The validity of
other terms will not be affected if AdNeon Terms of
Service are rendered partially invalid. The headings of the AdNeon
Terms of Service are provided for convenient purposes only and does not have
any legal or contractual effect.
15.
General Terms
The
interpretation and application of AdNeon Terms of
Service, as well as the rights and obligations between Users and TenMax arising from the use of AdNeon
Services, shall be interpreted and applied in accordance with the laws of the
Republic of China (excluding the applicable foreign-related civil law or other
similar regulations.) For disputes arising from AdNeon
Terms of Service, it is agreed upon that the Taipei District Court of Taiwan
shall be the court of first instance jurisdiction. In the event of any conflict
in interpretation between the English version and Chinese version of the AdNeon Terms of Service, the Chinese version shall prevail.