Terms and Conditions

This terms of use agreement (the “Agreement”) is made by and between ClickedOn.it, Inc., dba AdFury, a Colorado corporation (“AdFury” or “Company”), and the person or entity (“Users” or “you” or “User”) (each a “Party” or jointly, “Parties”) that has decided to use the services of AdFury, or any App or websites associated with AdFury, or any features, products, graphics, text, images, photos, audio, video, location data, computer code, and all other forms of data and communications (collectively, “Content”) made available by the Company (together, “Services”). The websites include: https://adfury.io, https://www.adfury.io https://panel.adfury.io, https://clickedon.it, and https://clkd.it.

BY USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not use the Services.

The terms of this Agreement are subject to change by the Company at any time. It is the responsibility of the User to check this Agreement periodically for any changes. Continued use of the Services shall constitute acceptance of the new terms of use Agreement.

I. Description of the Services

AdFury provides Users a campaign management platform for search advertisers. Features available on the platform include creation of search advertising campaigns, performance monitoring of campaigns, campaign report generation, and campaign landing pages.

II. Your Use of the Services

A. User Representations and Eligibility to Use Services By registering and using the Services, each User represents and warrants the User: (i) has the authority and capacity to enter this Agreement; (ii) if acting on behalf of an individual or entity, the User has the authority to act on behalf of that individual or entity; (iii) is 18 years or older, or is accessing the Services with the express permission and under supervisor of a parent or guardian; (v) is not otherwise precluded or ineligible to use the Services and has not been previously suspended from using the Services under any name or entity.

B. Truthfulness of Information

You represent and warrant that all information you submit when using the Services is complete, accurate, and truthful. User is responsible for maintaining the completeness, accuracy, and truthfulness of such information.

C. Liability for Content

You are solely responsible for all content you provide, including text, images, logos, and other content, that you upload to or use in conjunction with the Services. You confirm here that you own or have a current, undisputed right or license to use that content, and that you are solely responsible for any disputes or claims related to that use.

D. Consent to Use and Change of Content

You authorize the Company, through its Services, to use, disseminate, and publish your content for the purpose of providing the Services.

You acknowledge and consent that the Service or a third-party search engine may alter or frame your content, without further permission from you, to adhere to presentation demands or stylistic requirements, including altering the size, labelling the content as advertising in some manner, or otherwise displaying partial content.

E. Limited Use of Services

The Services are only for the uses specified in this Agreement. Users may not use the Services or any Content contained in the Services in connection with any commercial endeavors outside of this Agreement. The Company reserves the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Services, including illegal use of Content and unauthorized access of or linking to the Services.

F. No Infringement: Company

User agrees that the Company’s Services contain proprietary information and material that is owned by the Company and is protected by applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws. The Company’s ownership extends to all content, features, and functionality on the website and in Company communication that is protected or protectable under the law. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in this Agreement or otherwise in writing by an authorized agent of the Company. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way. In no way should your use of the Services be construed to diminish the Company’s intellectual property rights or be construed as to provide User a license or the ability to use the Services in any context other than as expressly permitted under this Agreement.

G. Prohibited Activities

Users shall not engage in the following activities:

  • Use the Services for any unlawful activities or in violation of any laws, treaties, regulations, or contractual provisions;
  • Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
  • Access another User’s account without permission;
  • Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware;
  • Spam any comments section with offers of goods and services, or inappropriate messages;
  • Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services;
  • Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; or
  • Solicit passwords or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person’s personal information without his or her permission.

H. Application of Agreement Regardless of Type of Use

The terms of this Agreement apply regardless of whether the Users sign up or otherwise use the Services, or simply access any of the Content.

I. Third-Party Payment Services

The Company utilizes third-party payment services (currently, Stripe Inc.) to handle payment services. Users understand these services may charge an additional fee and that Users are responsible for paying this fee. If Users have any issue with charges, those issues need to be addressed between the Users or with the third-party payment service. The Company is not responsible for the payments or any related disputes.

III. Waiver and Indemnification

A. Disclaimer of Warranties

All information and services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, the Company makes no warranty that access to the Services will be uninterrupted, secure, complete, error free, or meet a User’s particular requirements.

B. Waiver of Liability

User waives any liability of or claims against the Company for any damages (including compensatory, punitive, special, or consequential damages) User sustains as a result of or associated with using the Services. User also waives any liability of the Company based upon the negligence, recklessness, intentional acts, or accidental conduct of other Users or any other third party.

C. Scope of Waiver

User understands and agrees the above waiver extends to any claim of any nature or kind, known or unknown, suspected or unsuspected, regardless of when the claim first existed. This includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

D. Indemnification

If the Company is subject to a complaint, demand, mediation, arbitration, litigation, or other pursuit based upon User’s conduct relating to or from use of the Services, User agrees to indemnify and defend the Company for all costs, expenses, and fees (including attorneys’ fees by the attorneys of the Company’s choice) it expends in defending itself against or otherwise addressing such pursuit. Such conduct or use includes, but is not limited to, User’s violation of this Agreement; User’s representations made on or through the Services; User’s interactions with other Users or third parties; User’s use of intellectual property on or through the Services; and any such actions performed by an agent, entity, or representative on User’s behalf. User agrees to indemnify the Company as soon as the Company incurs the costs, expenses, and fees, whether those are billed by event, or in week, month, or some other interval.

IV. Termination and Cancellation

A. Right and Grounds to Terminate User Access

To protect the Company, its Users, and the public, the Company reserves an unrestricted right to refuse, terminate, block, or cancel a User’s application to, account with, or access to the Services at any time, with or without cause. User acknowledges here that User has no right to use of the Services and to recovery of any lost profits should the Company terminate or suspend the User’s account. Primary reasons warranting termination include (and primary reasons leading to suspension pending investigation of claims or evidence of the following):

  • A User violating any of the provisions of this Agreement;
  • A User hindering or interfering with the Company in providing its Services;
  • A User making misrepresentations, lying, or deceiving the Company or the public; or,
  • A User using the Services or Content in violation of any international, federal, state, or local law, or applicable regulation, rule, or order by any regulatory, governing, or private authority, or a court of competent jurisdiction.

B. Automatic Renewal

The Company will automatically renew the User’s service plan, upon the same terms as the previous plan, upon expiration of the previous plan. The User may contact the Company, in writing, any time before the expiration date to cancel that renewal. After the automatic renewal, any cancellation will take effect upon the next expiration date. The Company retains full discretion to change a service plan upon renewal, including the terms, duration, and cost of the plan, upon written notice to the User.

C. Refund Policy

When User terminates User’s account or the Company terminates User’s account for any misuse of Services (including those providing under IV.A.) or wrongdoing, the Company will not award a refund for any remaining time.

If the Company terminates not based upon User’s misuse or wrongdoing, the Company will refund a daily pro rata amount to the User, based upon the remaining period of time paid for by the User at the time of termination.

D. No Right to Services or Content

The User neither possesses nor retains any ownership of or rights to the Services or any content generated by the Company or the User. Upon termination, User has no right to access or have returned any such information. The Company has no obligation to retain any User information upon termination or cessation of Services.

E. Termination of Services

The Company retains the sole and unfettered authority to terminate or alter the Services, or any aspect of them, at any time.

F. Survival

After termination, the Company retains all rights to content as specified in this Agreement. Sections II, III, IV, and V of this Agreement survive after termination.

V. General Provisions

A. DMCA Violations

If you believe any Content on any Site of the Company infringes on your copyright, you may request removal of the Content by contacting the following address: [email protected] The Company will respond to all requests as quickly as possible and to the best of its ability.

B. Successors and Assignees

The Company may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of the Company’s ownership or assets. Users may not assign this Agreement without express written permission from the Company.

User agrees that any waiver or protections afforded to the Company are also provided to its affiliates, directors, officers, principals, employees, agents, and successors in their roles and relationship with the Company. User also acknowledges that all waivers and agreements bind not only User, but any successors, heirs, agents, and other representatives.

C. No Joint Venture

Nothing in this Agreement or otherwise creates, or is intended to create, a partnership, agency relationship, or joint venture between the Company and a User. User has no authority to act on behalf of or bind the Company in any respect.

D. Arbitration

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association. Users may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. Parties understand and accept that, by agreeing to arbitration, the Parties are foregoing their access to a trial by jury.

E. Governing Law and Venue

This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. The venue for any disputes including mediation, arbitration, or litigation shall be Denver, Colorado. Each Party agrees to waive the following defenses to any action brought in Colorado: forum non conveniens and lack of personal jurisdiction.

F. Waiver

If one Party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either Party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that Party retains the right to enforce that term or provision at a later time.

G. Severability

If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, any invalidity or unenforceability will affect only that provision and will not make any other provision of this Agreement invalid or unenforceable. The unenforceable or invalid provision shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable. The remainder of this Agreement will remain in effect.

If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, any invalidity or unenforceability will affect only that provision and will not make any other provision of this Agreement invalid or unenforceable. The unenforceable or invalid provision shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable. The remainder of this Agreement will remain in effect.

H. Understanding of Agreement

You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement, and have either done so or chosen not to do so in entering this Agreement. Regardless of your choice, you intend to be fully bound by this Agreement.

I. Entire Agreement

This Agreement, together with the Privacy Policy and any payment terms, constitutes the entire agreement between the Company and you, and supersedes all prior agreements, representations, and understandings, oral or written, between the Parties.