Applicable from: 31 October 2017
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and LeadEnforce Company, and its affiliates (“LeadEnforce”). This EULA governs your use of the Site and Services (as specified below).
For purposes of this EULA, “Use of the Site” means the situation where all users registered in social networks agree to accept target advertisements such as software of the Site programs distributed, published or otherwise made available by LeadEnforce or its affiliates.
“Services” means all services made available by LeadEnforce, including but not limited to services accessed through the Site, by means of a browser or by other online communication methods.
Advertisements and Services are collectively referred to as “LeadEnforce Services”.
All LeadEnforce users hereby accept LeadEnforce EULA and Terms of Use; otherwise, they are not allowed to register on the Site and use the Service.
Users advertising on a social network should pay for the ad campaigns directly through the social network platform.
To run an ad campaign the User should define an audience and use these audiences on a social network platform. LeadEnforce is a service to create such audiences, customize and enhance them. LeadEnforce has advanced and unique instruments which make it possible to narrow down the audience.
EVERYTHING IN THIS DOCUMENT IS A SUBJECT OF THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE LeadEnforce SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE LeadEnforce SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT INSTALL, DO NOT USE OR DO NOT ACCESS THE LeadEnforce SERVICES.
- Licenses
SOFTWARE OF THE SITE LICENSE. Subject to this EULA and its terms and conditions, LeadEnforce hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software of the Site for your personal use. The rights granted herein are subject to your compliance with this EULA. The Software of the Site is being given to you and you hereby acknowledge that no title or ownership in the Software of the Site is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software of the Site.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, LeadEnforce hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by LeadEnforce, for your personal use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software of the Site and/or Services and ends on the earlier date of either your disposal of the Software of the Site and/or Services or LeadEnforce's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software of the Site and/or Services or you otherwise use the Software of the Site and/or Services in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES. LeadEnforce retains all right, title and interest in and to the LeadEnforce Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. LeadEnforce Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the LeadEnforce Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from LeadEnforce. All rights not expressly granted to you herein are reserved by LeadEnforce.
- Third-party services
LeadEnforce Services may include links to third-party services and/or the third-party services may be made available to you via LeadEnforce Services. These services are subject to respective third-party terms and conditions. Please study these third-party terms and conditions carefully as they constitute an agreement between you and the applicable third-party service provider.
- General license conditions
You agree not to: (i)commercially exploit the LeadEnforce Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the LeadEnforce Services, any copies thereof, or any passwords or usernames of LeadEnforce Services, without the express prior written consent of LeadEnforce or as set forth in this EULA; (iii) make a copy of the LeadEnforce Services or any part thereof, including but not limited to Software of the Site (other than as set forth herein); (iv) make the LeadEnforce Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the LeadEnforce Services or this EULA, use or install the LeadEnforce Services (or permit others to do same) on a network, for on-line use, or on more than one computer; (vi) use or copy the LeadEnforce Services at any other location-based site; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the LeadEnforce Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the LeadEnforce Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the LeadEnforce Services; (x) use, transport, export or re-export (directly or indirectly) into any country or advertising platform forbidden to receive or use such LeadEnforce Services by any laws or accompanying regulations or advertising policies or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the LeadEnforce Services.
LeadEnforce Services may allow the User to create internal audience, to add links for targeting. Moreover, the User could create audience i.e., where these audiences are shared with i.e. the client’s account. In exchange for use of the LeadEnforce Services, and to the extent that your contributions through use of the LeadEnforce Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant LeadEnforce an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to LeadEnforce's and other players' use and enjoyment of such assets in connection with the LeadEnforce Services and related goods and services under applicable law. This license grant to LeadEnforce, and the above waiver of any applicable moral rights, survives any termination of this EULA.
LeadEnforce Services may require an internet connection to access the LeadEnforce Services or its internet-based features, authenticate the Software of the Site, or perform other functions. In order for certain features of the LeadEnforce Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to LeadEnforce Services. By using the LeadEnforce Services, you acknowledge and agree that third-party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the LeadEnforce Services or certain features of the LeadEnforce Services may not operate or may cease to function properly, either in whole or in part.
You may not use the Service to submit or link to any content which is defamatory, abusive, hateful, threatening, libellous, spam or spam-like, likely to offend, contains adult, nudity or objectionable content, contains personal information of others, or is racially, sexually, religiously, or otherwise objectionable or offensive, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You may not use cheats, hacks, mods, exploits, or any other unauthorized third-party software of the Site designed to modify or interfere with the Service. You may not use the Service to harm anyone or to cause offence to or harass any person or disrupt the Service in a way that may negatively affect others' ability to fully enjoy the Service.
- Information collection and use; Privacy policy
By installing, accessing or using the LeadEnforce Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
LeadEnforce respects your privacy rights and recognizes the importance of protecting any information collected about you. LeadEnforce's privacy policy as amended from time to time is available at www.leadenforce.com/privacy ("Privacy Policy") and applicable to this EULA. LeadEnforce’s Privacy Policy defines how, why and to which extent LeadEnforce collects and uses personal and non-personal information in relation to LeadEnforce's products and services. By installing, accessing or using the LeadEnforce Services you explicitly agree with the terms and conditions of LeadEnforce’s Privacy Policy and to any terms and conditions included therein by reference.
- Payments and purchases of virtual goods
LeadEnforce may license to your certain virtual goods to be used within LeadEnforce Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software of the Site. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third-party virtual currency, such as Facebook Credits or by using separate activation codes taken by some sort of agreement. Every project\customer will be discussed individually.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Please note that any payment for licenses for virtual goods or redemption of third-party virtual currency is always FINAL AND NON-REFUNDABLE. Also, please note that if you purchase Facebook Credits from Facebook, such transaction is governed by the agreement between you and Facebook and LeadEnforce is not a party to the transaction.
LeadEnforce may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. LeadEnforce shall have no liability to you or any third-party in the event that LeadEnforce exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT LeadEnforce IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
- Warranty
The LeadEnforce services are provided to you “as is,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. LeadEnforce, LeadEnforce’s licensors and channel partners do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third-party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. LeadEnforce, LeadEnforce’s licensors and channel partners do not warrant against interference with your enjoyment of the software of the site; that the LeadEnforce services will meet your requirements; that operation of the LeadEnforce services will be uninterrupted or error-free, or that the LeadEnforce services will interoperate or be compatible with any other LeadEnforce services or that any errors in the LeadEnforce services will be corrected. No oral or written advice provided by LeadEnforce, LeadEnforce’s licensors and channel partners or any authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.
- Limitations of liability
In no event will LeadEnforce , LeadEnforce’s affiliates, LeadEnforce’s licensors or channel partners be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the LeadEnforce services, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this eula or the software of the site, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not LeadEnforce, LeadEnforce’s licensors or channel partners have been advised of the possibility of such damages. For purposes of this section 7, LeadEnforce’s licensors and channel partners are third-party beneficiaries to the limitations of liability specified herein and they may enforce this eula against you.
because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This eula gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
in no event shall LeadEnforce’s, LeadEnforce’s affiliates’, LeadEnforce’s licensors’ or channel partners’ liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the LeadEnforce services or five euros (eur 5), whichever less.
- Other terms and conditions
TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software of the Site and all of its component parts and cease and desist from accessing any LeadEnforce Services. With regards to Software of the Site delivered on a physical storage medium you can end this EULA by destroying the Software of the Site and all copies and reproductions of the Software of the Site and deleting and permanently purging the Software of the Site from any client server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, LeadEnforce will be irreparably damaged, and therefore you agree that LeadEnforce shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
AFFILIATE: For purposes of this EULA, an “affiliate” or LeadEnforce means any legal entity that is directly or indirectly controlled by LeadEnforce for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.
INDEMNITY: You agree to indemnify, defend and hold LeadEnforce, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the LeadEnforce Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. LeadEnforce reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on LeadEnforce’s website. You will be deemed to have accepted such changes by continuing to use the LeadEnforce Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of Georgia without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.
Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at LeadEnforce's discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Georgian Chamber of Commerce. The arbitration shall be conducted in Batumi, Georgia, in the English language.
You agree that you may bring claims against LeadEnforce only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If you have any questions concerning this EULA, you may contact support@leadenforce.com.