AdNeon Terms of Service中文版本
Effective Date: , 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
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.
(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.
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.
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.
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.