Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
- “Agreement” means these Terms of Service;
- “Publyfe” refers to our company, our Site, or our Service, depending on the context of the usage;
- “Service” refers to the services that we provide through our Site;
- “Site” refers to our website, Publyfe.com;
- “User” refers to you, those who use our Services, and general visitors to our Site;
- “You” refers to you, the person who is entering into this Agreement with Publyfe.com;
- “We”, “Our”, “Us” refers to Publyfe.com (AdCorp L.D.C)
Description of Service
Our Service is a special online tool designed for commercial use by affiliate marketers. It permits Users who enter this Agreement to observe competitors’ creatives, ads, banners and landing pages to better enable themselves to compete.
The Services provided by the Site, including in particular trials and special offers might be unavailable in certain countries specifically because of their geographical location, technological capabilities and/or internal regulations.
This Agreement applies to your use of the Website all of your purchases of our services (collectively, ‘Services’) on our Website. The Company reserves the right to amend this Agreement and will inform You if it does. If you do not object to any amendment to the Agreement within one week, such failure shall serve as an acceptance of the amended terms.
Billing and Cancellation
Our application is sold as a service. We offer month-to-month payment plans and a year pre-paid payment plan. By requesting a membership (the ‘Membership’) to use the Website, You authorize The Company to charge you a fee. This fee is fully refundable within the first 3 days. After that, refunds may be issued on a case by-case basis. The duration of your membership (the ‘Term’) and the price of the membership (the ‘Membership Fee’) are displayed to you during the registration process.
You authorize The Company to charge You the Membership Fee starting on the Effective Date and recurring upon the expiration of each Term thereafter until You cancel your Membership.
If your Membership Fee can not be processed, your Membership may be suspended and/or terminated.
You authorize The Company and/or its third-party billing-services provider to initiate debit/credit entries to the bank deposit account or credit card You provided for the cost of your Membership. This authority is to remain in full force and effect until You cancel your Membership.
You may cancel your Membership at any time by emailing our support department whos contact details you can fins on our Contact Us page. Your Membership Fee is not refundable and shall not be pro-rated if you cancel your Membership.
You agree not to attempt to obtain a ‘charge back’ from your credit/debit card issuer for any disputed amount without contacting The Company at least 2 days in advance.
If You pay by credit card or demand/direct debit, You hereby make the following statement: ‘I hereby authorize The Company and its billing-services provider to initiate debit/credit entries to my bank deposit account or credit card in the amount of my Membership Fee. This authorization applies to my initial Membership Fee and all recurring Membership Fees.’
The Services that we provide are intangible, as it is impossible to physically possess ideas and information such as business intelligence. Once a User accesses such information, we cannot retake possession of it and prevent their further use of such information. Therefore, it is impossible for us to accept returns, and we cannot provide refunds.
All Services are billed in advance and are non-refundable. No refunds are available. In particular there will be no cash or credit card refunds or credits for partial periods of service, or refunds for periods unused. No exceptions are made.
Coupons & Discounts
Coupons may be made available for a discount on our Services or other promotional benefits. We reserve the right to reject a coupon at any time, or cancel without refund any Services obtained from us in whole or in part by means of a coupon if we believe, on reasonable grounds, that the coupon was obtained or used fraudulently or otherwise unlawfully. You may not transfer coupons to third parties without our written permission.
Terms of Agreement
While we make every effort to ensure that the information appearing on the Website is accurate, Company makes no guarantee regarding the accuracy, timeliness, or usefulness of the information.
Subject to Your compliance with this Agreement, Company grants You a limited license to access and use the Website. You may not download or modify the Website, or any portion of it, except with express written consent of Company. This license does not include any resale, sublicense, or similar transfer of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools.
The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under this Agreement. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent.
You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company.
You may not use any Company logo or other proprietary graphic or trademark as part of a link to our Website without our express written permission.
You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or another member’s use of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure.
Company reserves the right, in its sole opinion and absolute discretion, to refuse service, terminate accounts, cancel orders or disqualify You, for any reason whatsoever, including, but not limited to, a violation of the terms of this Agreement, applicable law, or conduct that is harmful to Company’s interests.
We reserve the right to charge users who are abusing Services and whose credit card number(s) we possess. By abusing Services we understand in particular creating multiple accounts in order to receive data via trial access, special offers or collecting data to user’s device.
Company does not claim ownership of any creatives, banners, ads and landing pages. Our Service assists in providing intelligence about business competitors.
You are solely responsible for “all” creatives, banners, ads, text ads, landing pages, websites and operations of your personal advertising campaigns. Company respects the intellectual property rights of others, and requires that the people who use our services do the same. Company is no responsible for any personal use of creatives and landing pages you download from our site. Please check with your country’s advertising regulations and laws before launching any campaigns.
Company does not guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not purport this as a “get rich scheme.”
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
You represent that:
a) The information provided by You when applying for Membership is up-to-date, and materially accurate;
b) You are responsible for maintaining and promptly updating your account information with The Company for accuracy and completeness and keeping such information (and any passwords) secure against unauthorized access;
c) You are solely responsible for all account activity; and d) Unless agreed otherwise or required by applicable law, any warranties provided in relation to Your purchase only extend to You on the understanding that You are a user and not a reseller of the Service.
Each party represents and warrants to the other that it has full right and authority to enter into this Agreement and to perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any agreement between itself and a third party; and that the provisions of this Agreement are binding upon and enforceable against it except as may be limited by applicable United States bankruptcy laws and other laws affecting creditors rights.
The Company’s Website and all of the content that it presents to and/or generates for you is confidential, unless such information is owned and/or licensed by a third party. The Company may also designate additional information as confidential. Similarly the parties may reasonably understand additional The Company information to be proprietary and/or confidential (collectively, the ‘Confidential Information’). You agree to maintain and protect the confidentiality the Confidential Information and to use Confidential Information solely for the limited purposes set forth in this Agreement.
Confidential Information shall not include (even if designated by a party) information: (i) that is or becomes part of the public domain through no act or omission of You; (ii) that is lawfully received by You from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement, or any breach of fiduciary duty, or (iii) that You had in Your possession prior to the date of this Agreement. Upon termination of this Agreement, You must destroy or return to The Company any Confidential Information provided by The Company to You under this Agreement.
Limits of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO US. IN SUCH CASES WHERE WE HAVE NOT RECEIVED YOUR FUNDS OR A NOTIFICATION THAT YOUR FUNDS HAVE BEEN TRANSMITTED TO US, YOU MUST PROVIDE US WITH THE TRANSACTION NUMBER PROVIDED TO YOU BY THE RELEVANT PAYMENT PROCESSOR. YOU MUST ALSO CONTACT THE PAYMENT PROCESSOR IF WE HAVE NO RECORD OF RECEIVING YOUR PAYMENT.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
Notification of Claims of Infringement
The Company respects the intellectual property of others. The Company may, in appropriate circumstances and at its discretion, terminate this Agreement as to members who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us via the DMCA section on our website. Provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed,a digital copy of it or the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are not responsible for any failure or liabilities that arise due to events that our outside our control, such as fire, flood, strikes, war, industrial disturbances, failure of raw materials suppliers or Internet service providers, failure of transport, attacks rendered upon us or our properties by third parties, accidents, riots, insurrections, acts of God, acts of governmental agencies or any occurance that is reasonably outside our control.
This Agreement shall be governed by the law of Belize save for conflict of law issues, and all disputes between the parties shall be resolved exclusively in the courts of Belize. Belize shall have exclusive jurisdiction in connection with all legal issues that arise from this Agreement or the actions of the parties.
Should any portion of this Agreement be determined by a Court of Law to be invalid, the rest of the Agreement shall remain in full force and effect and shall be construed so as to best effectuate the original intent of the parties.
21 Regent Street
Belize City, Belize