These Terms of Service govern all of the QOOBIX Websites (.com – .net – .blog – .space and more if any, including any subdomain, web and mobile apps) also called the Service or the Platform.
This document is part of the User Agreement (AGREEMENT) that includes all of the Policies that rule the Service. If you keep navigating and/or using the QOOBIX platform/websites/web and mobile apps, you are accepting the AGREEMENT. So, read carefully, as you are requested to confirm you know and agree with these Policies when using this platform and its related applications and websites. Since you are definitely free to disagree, please, abandon this website and disconnect from all of its applications.
The following terms and conditions govern all use of the QOOBIX Website and all content, services and products available through the Website, including, but not limited to, the client area (collectively referred to as the Website).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Sienda ltd, acceptance is expressly limited to these terms. QOOBIX and the services in the Website are available only to individuals who are at least 18 years old.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website and/or the applications within.
If you require any more information or have any questions about our Terms of Service, please feel free to contact us via our contact page
By using this Website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
Be always fair. Don’t lie when advertising, promoting or marketing your brand and/or products/services. Don’t spread fake news. Respect other’s dignity. Respect other people’s opinions. Respect rights. Comply with the law. Never offend anybody. Refrain from using QOOBIX if you do not respect these rules or your business does not comply with QOOBIX’s terms and conditions (see BINDING PUBLISHING RULES below on this document).
QOOBIX is a platform to provide advertising services. Specifically, QOOBIX allows users to register and use its software in order to build advertising campaigns, host their campaigns on our servers, get code to publish and/or republish their campaigns wherever in the Internet, interact with their audience, help retain customers, and promote brands and products according to innovative marketing practices and refined technologies including a mobile app to engage customers.
Users of QOOBIX are a) Pro Users (advertisers), that is publishers and advertisers (those who register to the platform and make use of it in order to start their ad campaigns); b) Visitors (viewers aka customers), or those who visit the website in order to find offers and deals.
Everybody is welcome to download the free mobile app so as to stay in touch with the best offers and advantageous deals businesses make by means of QOOBIX.
Businesses (advertisers) are also allowed to send newsletters to their QOOBIX followers. However, customers that use QOOBIX can decide to unsubscribe at any time. All policies, legal regulations and provisions are fully complied here at QOOBIX.
On Geo-location privacy
License to use Website
Unless otherwise stated, QOOBIX and/or its licensors own the intellectual property rights published on this Website and materials used on QOOBIX. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:republish material from this Website in neither print nor digital media or documents (including republication on another Website) without author’s permission;
sell, rent or sub-license material from the Website;
show any material from the Website in public without author’s permission;
reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
edit or otherwise modify any material on the Website;
redistribute material from this Website–except for content specifically and expressly made available for redistribution; or
republish or reproduce any part of this Website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Redistribution of content on social media is allowed, as it is a function included within the Website with the intention of helping advertisers reach more audience.
Advertisers who use QOOBIX to build their campaigns and spots are lawful proprietors of the material they publish–providing they do not infringe copyrights and/or the property of others–and thus they are allowed to use their ads, produced at QOOBIX, the way they like including repost and republish wherever they want.
Client area account
You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify QOOBIX of any unauthorized uses of your account or any other breaches of security. QOOBIX will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of QOOBIX or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this Website without QOOBIX’s express written consent.
You must not use this Website or any part of it to transmit or send unsolicited commercial communications.
You must not use QOOBIX’s logos, graphics, texts, videos, and other materials, for any purposes related to marketing without the express written consent of QOOBIX except for logos and more marketing material that QOOBIX makes available for registered users (e.g. publishers, advertisers, and business partners).
Access to certain areas of this Website is restricted. QOOBIX reserves the right to restrict access to certain areas of this Website, or at our discretion, this entire Website. QOOBIX may change or modify this policy without notice.
If QOOBIX provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
QOOBIX may disable your user ID and password at QOOBIX’s sole discretion without notice or explanation if you break the rules.
User content (content submitted by the advertiser)
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
You grant to QOOBIX a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to QOOBIX the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or QOOBIX or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
QOOBIX reserves the right to edit or remove any material submitted to this Website, or stored on the servers of QOOBIX, or hosted or published upon this Website.
QOOBIX’s rights under these terms and conditions in relation to user content, QOOBIX does not undertake to monitor the submission of such content to, or the publication of such content on, this Website. xxx
This Website is provided “as is” without any representations or warranties, express or implied. QOOBIX makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
Without prejudice to the generality of the foregoing paragraph, QOOBIX does not warrant that:this Website will be constantly available, or available at all; or
the information on this Website is complete, true, accurate or non-misleading.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
QOOBIX will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:to the extent that the Website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if QOOBIX has been expressly advised of the potential loss.
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit the liability of QOOBIX in respect of any: death or personal injury caused by the negligence of QOOBIX or its agents, employees or shareholders/owners;
fraud or fraudulent misrepresentation on the part of QOOBIX; or
matter which it would be illegal or unlawful for QOOBIX to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Website.
Refund Policy (No Refund)
Due to the nature of the digital service provided by QOOBIX there will be no refund. All paid featured are sold “as is.” You assume the responsibility for your purchase, and no refunds will be issued.
However, we realize that exceptional circumstances can take place with regard to the character of the product we supply/deliver.
Therefore, we DO honor requests for the refund on the following reasons:
a) Major defects: although our system is thoroughly tested, unexpected errors may occur. Such issues must be submitted for our Technical Support Team’s approval. We keep the right to rectify the error or defect within 120 hours. If any deficiency is approved and we fail to correct it within 120 hours from the date of the initial complaint letter or any other notification provided by a Customer, the refund will be issued to the customer in full without any compensations or reimbursements.
b) Product-service not-as-described: such issues should be reported to our Technical Support Department within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product-service is not as it is described on the Website. Complaints which are based merely on the customer’s false expectations or wishes are not honored.
Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible on our Website. We don’t guarantee that our product-service are fully compatible with any third-party programs and we do not provide support for third-party applications.
Our Technical Support Team is always eager to assist you and deliver highly professional support in a timely manner. Thank you for relying on our services.
Paid Service – Advertisers (users that use QOOBIX to create and publish advertising campaigns).
Either free service or paid features, QOOBIX is not responsible for a) any direct loss; b) for any indirect, special or consequential loss; or c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Contribution to Website
If you submit material to your advertising campaign, leave comments anywhere on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, video, or computer software. By making Content available, you represent and warrant that: Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content.
The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
The Content is NOT pornographic, libelous or defamatory, does NOT contain threats or incite violence towards individuals or entities, and does NOT violate the privacy or publicity rights of any third party.
As a consequence, it is strictly forbidden to post content like:
- Text or images/videos that infringe on any intellectual property rights including, but not limited to copyrights, trademarks and rights of privacy/publicity
- Text or images/videos that result into scams (e.g. Get-rich quick, Phishing email scams, Bank loan or credit card scam, Surfing the web scam, Lottery scam, Romance scams, Fake antivirus software, Hijacked profile scam, Travel scams, Delivery scams, Fake news scam, Stock market and all financial scams, Job offer scams, Smishing etc.)
- Text or images/videos that promote untested, unverified, and/or illegal medical therapies and treatments
- Text or images/videos that promote untested, unverified, and/or illegal body and beauty treatments
- Text or images/videos that promote products that are injurious to the health (see below our policy for alcohol products etc.)
- Text or images/videos of obscenity, pornography or nudity that is not artistic in nature and does not represent an offence against decency and does not damage human dignity and reputation
- Text or images/videos that encourage or glorify drug use/abuse
- Text or images/videos that incite to violence
- All kind of content that is libelous or defamatory
- All kind of content that can reasonably be viewed as harassing, threatening, or otherwise harmful
- All kind of content that results into hate speech
- All kind of content that can reasonably be viewed as discriminatory based upon race, ethnicity, national origin, sexual orientation, or disability
- All kind of content that violates or encourages anyone else to violate any law
BINDING PUBLISHING RULES (part of the Contribution to Website paragraph)
DO NOT USE QOOBIX IF YOU DO NOT COMPLY WITH WHAT ABOVE MENTIONED AND/OR YOUR BUSINESS IS INVOLVED IN THE ACTIVITIES MENTIONED HEREINAFTER.
You agree that we do NOT accept content about: Erotica, porn, violent, swearwords, drug/alcohol/tobacco-related inciting to use these substances, dating services, non-ethical finance, gambling, illegal content of any type, products/services/practices which harm human life as well as environment and animal wellbeing, illegal products/services/practices, violent, racist, medical products/services/practices which are not recognized and permitted by law, products/services/practices which violate human dignity, as we do not accept any sort of treatment offensive to human life and people’s liberties.
Moreover, we do NOT accept content about any kind of treatments to enhance sexual performance, anabolic steroids and more drugs and pills to alter psychic state, to enhance physical strength and particularly all those treatments that are frequently used in doping in sports.
We do not support racism, and no other content that advocates and/or stir up hatred against individual, groups or organizations, religions, politics. Satire, in whatever form, when intelligently and proficiently done, does never support vulgarity, hatred, and/or other violent messages. Last but not least, you are strongly recommended not to use material which contains copyright infringement!
IMPORTANT NOTICE TO ALL INDUSTRIES IN THE ALCOHOL BUSINESS .
We do accept that you publish ads about wines, spirits and other alcoholic drinks but you are required to specify that you agree with sensible drinking policies, that alcohol is prohibited to people under the age of 18, and that is strongly unadvisable to make abuse of it.
IMPORTANT NOTICE FOR BUSINESSES IN THE FINANCIAL AND HEALTH SECTOR.
We do only accept Financial Services (banking, insurance, financial in general) which comply with ethical finance. Before submitting your campaign, please make sure your company/services meet this requirement, otherwise it might be deleted and you are not entitled for reimbursement.
Health and Medical treatments, Medicaments and Remedies, Beauty and Sport centers, must comply with the law and you are well informed we do NOT accept content that urges to use anabolic steroids, products to enhance sexual performance, doping, etc. If your company/product/service does not meet this requirement, we may delete your submission and you are not entitled for reimbursement.
IMPORTANT NOTICE TO ALL INDUSTRIES ABOUT THE PUBLICATION OF PHOTOS AND VIDEOS
When publishing photos and/or videos on QOOBIX, or by means of QOOBIX, you (the advertiser) acknowledge that you have all the rights and permissions to publish those photos and/or videos. By doing so, you state that you have permission to publish the image of people appearing on those photos and/or videos, as well as permission to publish the images of private properties appearing on those photos and/or videos. QOOBIX cannot be held responsible for your photos and/or videos. Therefore, you are responsible for a model release where personality rights or privacy rights would otherwise be infringed, as well as where the proprietor’s release is needed in case of private properties.
Without limiting any of those representations or warranties, QOOBIX has the right (though not the obligation) to, QOOBIX’s sole discretion (i) refuse or remove any content that, in QOOBIX’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in QOOBIX’s sole discretion. QOOBIX will have no obligation to provide a refund of any amounts previously paid under these circumstances.
Responsibility of Website visitors
By operating the Website, QOOBIX does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content.
QOOBIX DOES NOT PUBLISH…
QOOBIX does not publish content that is offensive, indecent, or otherwise objectionable. Nonetheless, the Website may contain content with technical inaccuracies, typographical mistakes, and other errors. QOOBIX disclaims any responsibility for any harm resulting from the use by visitors of the Website. In addition, QOOBIX is not responsible for campaigns and whichever advertising messages made and published by advertisers using the system (QOOBIX). Possible failed promises, disappointment and more dissatisfaction caused by advertisers using QOOBIX can NEVER be attributable to QOOBIX. Please, check with the advertiser if you think they did not comply with their promises and/or guarantees, as we do NOT take part in such a controversy in any case. However, we urge advertisers to enact fair trading policies to assure customers’/consumers’ rights as we preserve the right to close their account in case of manifest unfairness, not to mention the case of breaking the laws.
You accept that, as a limited liability entity, QOOBIX has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against QOOBIX’s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect QOOBIX’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as QOOBIX.
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
You hereby indemnify QOOBIX and undertake to keep QOOBIX indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by QOOBIX to a third party in settlement of a claim or dispute on the advice of QOOBIX’s legal advisers) incurred or suffered by QOOBIX arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to QOOBIX’s other rights under these terms and conditions, if you breach these terms and conditions in any way, QOOBIX may take such action as QOOBIX deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
QOOBIX may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.
QOOBIX may transfer, sub-contract or otherwise deal with QOOBIX’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Intellectual Property and Trademarks
This Agreement does not transfer from QOOBIX to you any QOOBIX or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with QOOBIX. QOOBIX logo, taglines, slogans, and all other trademarks, service marks, graphics and logos used in connection with QOOBIX, or the Website are trademarks or registered trademarks of QOOBIX or QOOBIX’s licensors. Other product and company names mentioned in the Website may be the trademarks of their respective owners.
This Agreement shall all be governed and construed in accordance with the laws of The United Kingdom applicable to agreements made and to be performed in The United Kingdom. You agree that any legal action or proceeding between QOOBIX and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in The United Kingdom. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. QOOBIX’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. QOOBIX may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the UNITED KINGDOM, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the UNITED KINGDOM.
All our users and customers are strongly recommended to practice accuracy, fair trading policy, honesty, clearness. No matter lots of sharks are infesting the oceans, try not to be one of them, each of us will be grateful!
For inquiries about our Terms of Service
For inquiries about this policy, please, report to info(at)siendamedia.com Sienda ltd, Third Floor 207 Regent Street, W1B 3HH London, UK
Last updated November 25, 2017