This statement was last updated December 3, 2013.
The term 'Adf.ly' or 'Adfly' or 'us' or 'we' refers to the owner of the website 'x19 Limited' whose registered office is x19 Limited, 27 Old Gloucester Street, London, WC1N 3AX. Our company registration number is 05995703, registered in England. The term 'you' refers to the user or viewer of our website. The term 'Content' refers to the website you are using in conjunction with the Service.
Each time you use or cause access to this web site, you agree to be bound by these Terms & Conditions, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Service.
Adf.ly currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, and personalized content its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Adf.ly to provide the Service. You also understand and agree that the service may include certain communications from Adf.ly, such as service announcements, administrative messages and the Adf.ly Newsletter, and that these communications are considered part of Adf.ly membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Adf.ly properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Adf.ly assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract (are at least 18 years old) and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete and (c) agree to create only one account per person. If you provide any information that is untrue, inaccurate, not current or incomplete, or Adf.ly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Adf.ly has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Adf.ly of any unauthorized use of your password or account or any other breach of security. Adf.ly cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Adf.ly, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Adf.ly does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Adf.ly be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that Adf.ly may OR MAY NOT pre-screen Content, but that Adf.ly and its designees shall have the right (but not the obligation) in their sole discretion to PRE-SCREEN, refuse, or move any Content (or Account) that is available via the Service. Without limiting the foregoing, Adf.ly and its designees shall have the right to remove any Content or Accounts that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content or Accounts, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content or Accounts created by Adf.ly or submitted to Adf.ly, including without limitation information in Adf.ly message boards, and in all other parts of the Service.
You acknowledge, consent and agree that Adf.ly may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Adf.ly, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Adf.ly and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Adf.ly does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Adf.ly the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of Adf.ly that are intended by Adf.ly to be available to the general public. By way of example, publicly accessible areas of the Service would include Adf.ly news and resources that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Adf.ly that are limited to members, Adf.ly services intended for private communication such as private messages, or areas off of Adf.ly such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by Adf.ly.
Payments from Adf.ly are made through AdFly ('http://www.adf.ly').
If there are no advertisers on the Service for your traffic demographics then a 'default' advertisement will be shown. Default advertisements are not paid for by Adf.ly.
Adf.ly will not remove any 'URLs' associated with your account, unless one of the Terms and Conditions stated is broken.
You agree to indemnify and hold Adf.ly, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Adf.ly I.D.), use of the Service, or access to the Service.
Adf.ly reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Adf.ly shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Adf.ly may, under certain circumstances and without prior notice, immediately terminate your Adf.ly account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Adf.ly account includes (a) removal of access to all offerings within the Service, including but not limited to Adf.ly message boards, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Adf.ly' sole discretion and that Adf.ly shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Adf.ly SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Adf.ly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Please report any violations of these Terms & Conditions.