Terms of Use

1. Definitions and general enquiry

Use of the terms “we” and “us” in these Terms means SmartyAds. Use of the term “Site” means the website smartyads.com. “Account” is a registered account of an advertiser or a website publisher on SmartyAds Site. Use of the term “Terms” means the described below terms and conditions. “Content” - data, text, images, sound, video and other information and materials. “Copyright Information” - the content, organization, graphics, design, compilation, and other matters related to SmartyAds and the Site. “Trademarks” - all trademarks, service marks, logos, trade names, and any other proprietary designations of SmartyAds. SmartyAds will provide the advertisers and website publishers with access to the Site, where they can buy and sell ads. By using the Site or creating an Account, You agree to comply with and be bound by these Terms of use. Please read these Terms carefully prior to signing up for an account. If You do not agree with the Terms, You must not use this Site or create an Account. These terms may be updated by SmartyAds at any time and without prior notice. All amendments will be posted to the Site and will be effective when posted without any notice to You. You are responsible for reviewing the terms of this Agreement from time to time to ensure You continue to agree with its terms and any applicable changes. Your continued use of the Site constitutes Your acceptance to the new Terms of Use.

2. Account

Upon the execution of the Terms, all advertisers and website publishers will create a unique, password-protected Account. By creating an Account, You represent and warrant that You are at least 18 years of age and that You possess the legal right and ability to agree to and be bound to these Terms. You agree to be financially responsible for Your Account and to comply with Your responsibilities and obligations as stated in these Terms and in any policies or procedures posted on the Site, including but not limited to those for deposits of funds, account cashouts, payment methods, and refunds. To register an Account You will be required to submit an email address and password and to provide contact and billing information. You agree that You will not knowingly select or use the email address of another person or impersonate another party, or use an email address that SmartyAds may consider as inappropriate or offensive. SmartyAds may refuse to permit You to use a specific Account name or email address for any reason. You are responsible for safeguarding and maintaining the confidentiality of the Account/contact information and associated password. You are entirely responsible for the accuracy of Your information and keeping it up-to-date; failure to do so will constitute a breach of these Terms and SmartyAds reserves the right to terminate Your Account. You must immediately notify SmartyAds of any unauthorized use of the Account or any other breach of security of which You become aware. You agree that You will be liable for any activity performed by anyone using the Site with Your Account. If we are unable to verify any information You provide to SmartyAds, and if we believe that Your actions are illegal, fraudulent, harassing, abusive, or may cause legal liability or other harm for SmartyAds, account holders, or any other party – we reserve the right to terminate or to suspend access to Your Account at any time.

3. Payment terms and Funding Your Account

SmartyAds requires payment in advance for all Advertiser accounts. Advertisers must initially fund their accounts in order to activate them, no limits to the amount. All accounts that have no deposited funds are placed on hold and all the advertising campaigns are stopped, until the account is funded.

If Your Account is inactive for a twelve-month period (i.e., You did not log into Your account during 12 months), Your Account balance will be charged as an inactive fee, meaning Your balance will be $0 and Your account will be closed. SmartyAds may, but has no obligation to, give You prior notice of the imposition of any inactive fee.

4. Copyright Information and Trademarks

SmartyAds hereby grants You a non-exclusive, revocable, limited license to use the Site solely for Your personal and non-commercial use. You may only use the Site in the manner in which Your usage is intended and in compliance with these Terms of Use and with all applicable laws and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Site. All rights not expressly granted to You in these Terms of Use are reserved and retained by SmartyAds. The licenses granted by SmartyAds terminate if you do not comply with these Terms of Use.

The copyright information is protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. All of the trademarks of SmartyAds are pending patent, and their use without SmartyAds' prior written consent is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Site and You agree not to display or use in any manner the material on the Site.

You agree that the Site, including but not limited to content, features and functionality, graphics, all information, user interface, software, text, displays, images, video and audio, and the design are owned by SmartyAds and/or its licensors, and is protected by applicable intellectual property and other law. SmartyAds may update the content on this Site from time to time in our sole discretion.

5. Conditions for Usage

Being a publisher or a seller of ads, in connection with Your Account, You agree to:

• Comply all the applicable local, state, national and international laws and regulations that relate with Your use of or activities on the Site.
• Install and use SmartyAds’s ad serving code on Your website at all times that You publish or sell ads through the Site;
• Accept SmartyAds’s terms for release of statistical information. You agree that such statistics are estimates only and are subject to revision for reasons to processing errors or the discovery of fraudulent clicks, and that updates of statistics are generally released, but not guaranteed, for several times a day;
• Notify us via email if You wish to close Your Account;
• Accept SmartyAds’s terms for payment, cashouts, as described in the Account registration process on the Site.

6. Restrictions

Being a publisher or a seller of ads, in connection with Your Account, You agree NOT to:

• Breach the Terms, including the Privacy Policy, or any other agreement or policy that You have agreed to with SmartyAds;
• Provide false, inaccurate or misleading information, impersonate any person or entity, or otherwise misrepresent Your affiliate with a person or entity;
• Violate any applicable law, statute, ordinance, or regulations;
• Offer or disseminate fraudulent goods, services, schemes, or promotions or engage in any unfair deceptive act or practice;
• Violate any confidentiality or nondisclosure obligations You have with other parties; infringe any party’s copyright, patent, trademark, trade secret or other intellectual property rights;
• Act in a manner that victimizes harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Collect or disseminate any information about any other Site users or Account holders, including any personal data or information, or use such information for marketing purposes;
• Offer any form of adult, sexually-oriented, or obscene content or services, including without limitation, any pornographic materials, any materials which require individuals to be 18 or older to view or purchase, any escort services, and any adult websites;
• Offer any form of gambling;
• Use any deceptive implementation methods to obtain clicks, whether manual or automated, including but not limited to clicking Your own ads, asking others to click ads, offering compensation to users for viewing ads or performing searches, promising to raise money for third parties for such behavior or placing images next to individual ads, or using robots or other automated tools;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Disrupt or interfere with the security of the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Websites;
• Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or use any device, software or routine to attempt to interfere with use of the Site;

7. Content

All content in advertisements bought or sold through this Site, whether publicly posted or privately transmitted, are the sole responsibility of the party from which such Content originated. Under no circumstances will SmartyAds be liable in any way for any Content. You agree that You must evaluate and bear all risks associated with the use of any Content. You are solely responsible for all Content that You submit to be placed as advertising or that You upload, post, display, email, transmit or otherwise make available through the Site. SmartyAds does not control the Content and does not guarantee the accuracy, integrity or quality of any Content. SmartyAds reserves the right to terminate or limit Your access to services at its own discretion.