NoopslyTM Terms of Access and Use
By accessing, reading and making use of the noopsly.com and app.noopsly.com sites (jointly, the “Sites”), you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use the web site or use any of the services provided by or through it (the “Services”).
Ownership and Usage
The Sites comprise a platform and service owned and provided by Ad Magic Media Limited (the “Owner”).
Noopsly and its logo are trademarked by the Owner.
No portion of the Sites or Services may be transmitted, reproduced, stored or translated into any other form, without the prior written permission of the Owner, unless specifically provided otherwise.
Without restricting the generality of the foregoing, you may not make any commercial use of the content, or include the content in or with any product that you create or distribute, or copy such content onto your own or the web site of another.
Reliability of Service/Information and Disclaimer
The Services and the information provide herein are provided “AS IS”, “AS AVAILABLE” without warranty, condition, representation or endorsement of any kind whatsoever. Without limiting the generality of the forgoing, the Owner makes no warranty as to the accuracy, quality or completeness of the Sites or Services, nor to title or non-infringement nor to the absence of any software virus or other harmful component. You assume total responsibility and risk for your use of the Sites and Services and assume sole responsibility to evaluate the accuracy, completeness and usefulness of the information provided. The use of hyperlinks, if any, is a free service offered to you by the Owner. The Owner neither controls nor monitors these hyperlinks and the hyper linked web sites. Accordingly, these hyperlinks and the hyper linked web sites are provided without warranty, condition, representation or endorsement of any kind whatsoever by the Owner.
In no circumstances shall the Owner, its directors, officers or employees, be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of the Internet or your reliance or use of information or functionality provided by the Sites or the Services, whether on or through this web site, its hyperlinks, any hyper linked web sites or third party sites used to provision the services. The Owner expressly disclaims all warranties of any kind, whether express or implied, including, but no limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Owner makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) any errors in the software will be corrected.
No advice or information, whether oral or written, obtained by you from the Owner or through or from the Sites or Services shall create any warranty not expressly stated in these Terms and Conditions. The Owner does not make any representations or warranties as to the effectiveness of the Services and specifically the success of the ad campaigns created on your behalf and cannot in any way guarantee the performance of such ad campaigns.
You expressly understand and agree that your use of the Services is at your sole risk.
Applicability of the Owner’s Privacy Code
The Owner’s Privacy Code informs you of our commitment to, and policy on, privacy. It tells you the ways we ensure that your privacy and the confidentiality of your personal information are protected.
The Sites and Services may contain links to other web sites or services that are provided and maintained exclusively by third parties. Web sites and services provided and maintained by third parties are not subject to this Privacy Code. Please review the privacy policies on those web sites to determine their information handling practices.
Whenever information about you is collected through your use of the Sites and Services, information about you the Owner will use such information only as it pertains to the use of the Sites and Services, or otherwise will clearly explain its intended use, either at that time or earlier (the “Purposes”).
The Owner will limit the information collected to what is required for the Purposes, and we will use it only for the Purposes. The Owner will obtain your consent if there is a requirement or wish to use your information for any other purpose. The Owner requires certain information to provide the Services, including but not limited to: credit card numbers, cell phone numbers and billing addresses. The Owner will never release your information to anyone for any reason without prior approval by you, unless required by law.
The Owner will seek and confirm your consent to use your personal information at the time of collection or in advance and will endeavour to employ clear, understandable language when such consent is obtained.
Limiting Use, Disclosure and Retention
The information we request from you is used for the purposes defined. We will seek your consent before using the information for purposes beyond the scope of your original consent.
Under no circumstances do we sell customer lists or other personal information to third parties.
You expressly understand and agree that Ad Magic Media Ltd 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 Ad Magic Media Ltd 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 message received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the service.
All decisions involving personal information should be based on accurate and timely information. While we will do our best to base our decisions on accurate information, we rely on individuals to disclose all material information and to inform us of any relevant changes.
Ad Magic Media Ltd maintains personal information in electronic files.
Access to personal information will be authorized only for Ad Magic Media Ltd.’s employees, representatives and service providers who require access in the performance of their duties, to any person granted access by the individual through the consent process and to those otherwise authorized by law.
If you send us an e-mail message that includes personal information (such as your name included in the “address”), we will use that information to respond to your inquiry. Please remember that e-mail is not necessarily secure against interception. If your communication is very sensitive, or includes information such as your bank account or credit card number, you should not send it electronically unless the e-mail is encrypted or your browser indicates that the access to our Web site is secure.
You agree to not use the Sites and Services to:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
- Intentionally or unintentionally violate any applicable local, provincial, national or international law.
You acknowledge that the Owner may or may not pre-screen content, but that the Owner and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Services. Without limiting the foregoing, the Owner and its designees shall have the right to remove any content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge, consent and agree that the Owner 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 terms of the Sites and Services; (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 the Owner, its users and the public. You understand that the technical processing and transmission of the Services, 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 the Owner 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.
Limitation of Liability
The Owner shall not be liable to any cost incurred in any way by the use of the Services. For clarification, any money spent by you by using the Services shall not be refundable by the Owner under any circumstances.
You agree to indemnify and hold the Owner, 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 Services, your use of the Services, your connection to the Sites or Services, your violation of the these terms and conditions, or your violation of any rights of another.
No Resale of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
Modifications to Service
The Owner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Owner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or Services.
You agree that the Services may, under certain circumstances and without prior notice, immediately terminate your noopsly.com or app.noopsly.com account and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these terms and conditions 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 Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) non-payment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Services (b) deletion of your password and all related information, text associated to codes, activity reports and content associated with or inside your account (or any part thereof), and (c) barring further use of the Services. Further, you agree that all terminations for cause shall be made in the Owner’s sole discretion and that the Owner shall not be liable to you or any third-party for any termination of your account or access to the service.
The Owner’s Proprietary Rights
You acknowledge and agree that the service and any necessary software used in connection with the Services (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Owner, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these terms, there shall be no third-party beneficiaries to this Agreement.
The Owner may provide you with notices, including those regarding changes to these terms by either email, regular mail, or postings on the Sites and Services as appropriate in each instance.
The terms of this website constitutes the entire agreement between you and the Owner and governs your use of the Sites and Services, superseding any prior agreements between you and the Owner with respect the Sites and Services.
Choice of Law and Forum
The terms of this website and the relationship between you and the Owner shall be governed by the laws of England and Wales, without regard to its conflict of law provisions.
Waiver and Sever ability of Terms
The failure of the Owner to exercise or enforce any right or provision of the terms of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of this website remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your noopsly.com and app.noopsly.com account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms of this website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the terms of this website are for convenience only and have no legal or contractual effect.
By using the Sites, you accept the foregoing terms and conditions.