www.palpableads.com, is owned and operated by Palpable Ads, Rajendri Nagar, Lane No #2, Sai Niwas, Aanad Park, Vadgaonsheri, Pune-411014, hereinafter referred to as “Palpable Ads”, “We”, “Our”, and “Us”. The terms “You” and “Your” has been used to represent our client, a user of our Platform who avails our Services.
Palpable Ads is an online Platform which helps your website gain the visitors and likes using various tools and technologies. We offer a divers range on solutions such as marketing, web development, web designing, advance targeting, anti-ad blocking, Search Engine Optimization, real time analytics, traffic management, visitor routing, and ad management etcetera (hereinafter referred to collectively as the “Product” or “Services”). We have a different set of clients. For example, we have individual website owners who may avail our Services to boost their sales; then there are proprietors, small companies and the large scale companies.
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. YOUR INDIAGE OF THIS WEBSITE SIGNIFIES YOUR ASSENT TO THE FOLLOWING BINDING AGREEMENT.
The use of this Platform constitutes your consent and agreement to abide by the latest version of these Terms. We may at any time revise these Terms. You agree to be bound by all subsequent revisions and agree to review the Terms at regular intervals for changes made to these Terms. The most up to date version of the Terms will always be available for your review under the Terms of Service link that appears at the bottom of the Platform.
IF YOU ARE USING THE PLATFORM YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE PLATFORM ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
You must be of a legal age, capable of forming a legally binding agreement. The Platform and the Services are not available to minors.
In cases where you have authorized a minor (someone under 18 years of age) to use the Platform or the Services (which you should not do), you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Platform or Services; and (iii) the consequences of any use or misuse by the minor.
Changes To Palpable Ads:
Account And Password Security
If you register as a user with the Platform you will be asked to choose a password. You must comply with the content rules set out in these Terms including but not limited to the following:
You must not use your account in connection with the impersonation of any person.
You must keep your password confidential at all point in time.
You must notify us immediately if you become aware of any disclosure of your password.
You are responsible for any activity on the Platform arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure.
We are entitled to assume that anyone who accesses your account or service using your password does so by your authority. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Platform. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Conduct of the Users:
We may allow you to post and upload contents on the Platform. You may also provide your contents through email or other mode of communication. In this connection By using the Platform, you agree to not to post, host or transmit a content that is:
Illegal, prohibited or otherwise against the moral standing or principles;
Infringes upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Defamatory, libelous, unlawfully threatening or unlawfully harassing;
Obscene or contain child pornography; and
Virus, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
A user can post content including without limitation photos, texts, audios, videos, documents, comments, and any other content in connection with the Services being availed. You agree that your content does not infringe or threatens to infringe any intellectual property rights of any other person or entity, contains viruses, Trojans or worms or likewise which hampers the functioning of the Platform, is libelous or obscene or defamatory or religiously inflammable, or in any way hampers the reputation or goodwill of Palpable Ads.
You shall compensate and indemnify, defend and hold harmless the Palpable Ads, its directors, owners, employees, partner, associates, and agents from and against any and all losses, liabilities, damages, deficiencies, demands, claims, actions, judgments or causes of action, assessments, interest, penalties and other costs or expenses (including, without limitation, reasonable attorneys' fees and expenses) based upon, arising out of, or in relation to or otherwise in respect of any objectionable content (including but not limited to pictures or videos), of any nature whatsoever, provided by you.
You agree and accept that all the Projects and other content posted on Palpable Ads by you or otherwise made available for viewing on public areas of Palpable Ads will be treated as non-confidential and non-proprietary to you. You understand and agree that any such Projects and messages may be used by Palpable Ads or our affiliates or partners, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant the Palpable Ads the irrevocable right to amend, alter, change or modify the same without your approval for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
You agree that you will not delete or revise any material posted by any other user or use any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Platform or send messages or engage in disruptive or damaging activities online, or gain or attempt to gain unauthorized access to non-public areas of the Platform.
You are entirely responsible and liable for any content you post through your Account. While the Platform may or may not pre-screen, monitor or approve any content, it shall have the right, but not the obligation to remove, move, refuse, edit or delete any content for any reason whatsoever.
As a condition to use Palpable Ads, you warrant that you will not use it for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited under these Terms including both specific and implied. In addition, the Platform shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Platform. You shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through Palpable Ads or Use our Platform or Services 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 further agree that you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform or Services without our express written consent. Neither shall you access or otherwise interact with our Platform or Services using any robot, spider or other automated means nor use data collected from our Platform or Services.
Agreement to our Service Agreement:
Our Services are available to you subject to our Service Agreement. At our sole discretion, we may request you to sign and send a copy of the Agreement in physical or over mail. However
Right To Regulate:
You acknowledge and agree that Palpable Ads has the right to regulate and control the activities on the Platform. We shall have the right to monitor the Services being availed by you. Palpable Ads may set a code of conduct or set of standards which shall be applicable to all the Users.
Ownership and Intellectual Property
By using Palpable Ads, you gain no intellectual property rights over the Palpable Ads and its contents. Further, no ownership rights transfer from you to us or us to you, as a result of this Agreement. Our name, logo, service marks, catch words, tags, phrases and all other contents of the Platform are protected by copyright, trade-marks, database and other intellectual property rights and publication on the Platform is not a waiver by us of any such right.
License to Host Your Content:
In these Terms, “your content” means all works and materials (including but not limited to text, images, documents, comments, graphics, URLs, audio material, video material, audio-visual material and files) that you submit to us or the Platform for publication on the Platform. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:
Reproduce, store and publish your content, Projects or tasks on and in relation to our Platform and Services and any successor platforms or services;
Publish your content on and in relation to our Platform and Services.
You may edit your content to the extent permitted using the editing functionality made available by us.
No Infringement of Third Party Rights:
You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Platform or Services. You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Platform and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Platform. Further, you agree to hold Palpable Ads harmless against all Intellectual Property Right (IPR) claims that may be brought against Palpable Ads due to your content or action.
Reporting IPR Infringement:
We reserve the right to remove any IPR infringing content that may be brought to our notice. If you believe there is an infringing material on the Platform, please contact us via the contact form on the Platform at firstname.lastname@example.org with the following information:
The name and address of the complainant.
A description of the infringing materials, its print screen, and the URL.
Sufficient information to identify the copyrighted works.
A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
A statement of the accuracy of the notice and, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.
Copying or reproducing the Platform, the contents, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree to not to reproduce, duplicate or copy Content from the Platform, and agree to abide by any and all copyright notices and other notices displayed on the Platform. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Platform. Without limiting the foregoing, you agree to not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
License To Use Our Services
By using the Platform, you agree that we shall have no obligation to or liability for the deletion, corruption or failure to store any content uploaded or transmitted on or through the Platform. You further understand and agree that our functionalities and the services may change at any time without any prior notice to you.
We reserve the right to restrict or limit your access to the Platform and/or Services at our sole discretion and you must not circumvent, or attempt to circumvent or bypass, any such restrictions or limitation.
Your Contents- Specific Uses
You agree that we may use your posted/uploaded content, including but not limited to text, video, audio, images, code and documents, reviews and other comments in any way, including in future modifications of the Platform or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to Palpable Ads in any way.
Use of Your Reviews, ratings and feedback:
You agree that we may use your reviews, ratings, feedback, suggestions, or ideas in any way, including in future modifications of the Platform or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback, reviews, and ratings you provide to Palpable Ads in any way.
Warranties And Disclaimers
This Platform is provided to you on “AS IS” and “AS AVAILABLE” basis. We make no express warranties or guarantees about this Platform. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE PLATFORM IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS PLATFORM OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. You agree that we will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of the tasks or Projects that are posted or the services that are offered or supplied on or through the Platform or in respect of a failure or omission on the part of a user to perform his task or Project.
We do not accept responsibility for any loss or damages, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Platform or any linked websites or platform or any transaction that occurs as a result of the use of the Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the Platform of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited to the maximum limit permitted by law.
You are requested to take your own precautions to ensure that the process which you employ for accessing this Platform does not expose you to risk of viruses or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this Platform or any linked websites or platforms.
Whilst we have no reason to believe that any information contained on this Platform is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Platform updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Platform.
Responsibility for the content of advertisements appearing on this Platform (including hyperlinks) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We are not responsible for any loss whatsoever that a User may suffer including but not limited to economic loss in the event a transaction is not processed due to any case whatsoever, including but not limited to, technical difficulties affecting our system or a scheduled maintenance of Palpable Ads.
We are not responsible for any loss whatsoever a user may suffer including, but not limited to, economic loss, for reliance on guidelines or comments from our help center or Palpable Ads staff.
Palpable Ads is not associated with Google+1,Youtube, Instagram, Twitter, Facebook, Vine, Vimeo, Pinterest, Soundcloud, Periscope, Snapchat. The respective owners are still possessors of their property, logos, namely the trademarks and copyrights.
Limitations of Liability:
In no event shall Palpable Ads, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if knew or should have known for the possibility of such damages), resulting from any aspect of your use of the Platform and the Services, including without limitation whether the damages arise from use or misuse of the Platform and Services, from inability to use the Platform and Services, or the interruption, suspension, modification, alteration, or termination of the Platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that we shall not be liable for the task or project posting for being defamatory, illegal offensive, or an illegal conduct of any other User or third party and that the risk of harm or damage from the foregoing rests entirely with you.
We shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond our control.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of the agreement, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
The maximum liability on part of Palpable Ads arising under any circumstances, in respect of any Services availed, shall be limited up to a fee charged from you.
Your Representations And Warranties:
You represent and warrant to us that:
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
All information you supply to us in connection with your use of our Services is true and complete in all material respects and will be kept up to date if it changes.
You agree to indemnify and hold harmless Palpable Ads and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Platform, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by us in the defense of any claims.
Sale or Transfer of the Platform
You acknowledge that Palpable Ads as the provider of the Platform and Services may elect to transfer, sale the Platform and/or subcontract the management rights or any part or all of the provision of the Platform or Services to a third party, without notice being sent to you. We are not obliged to notify you of cancellation. If we do notify you we are not obliged to state any reason for your cancellation. However, if any Service is incomplete, you will have the right to enforce its completion.
Termination and Suspension:
This termination and suspension clause governs the termination of your account with us. In the event, if you are availing our Services under our Service Agreement, the termination shall be governed by our Service Agreement.
Either you or we may terminate this Agreement with or without cause at any time to be effective immediately. Without prejudice to the other remedies available to Palpable Ads under this Agreement, or under applicable law, we may limit your activity, either temporarily or indefinitely, suspend or terminate your registration, and/or refuse to provide the you with access to the Platform if:
You are in breach of this Agreement and/or the documents it incorporates by reference;
We are unable to verify or authenticate any information provided by You;
We believe that your actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for other Users and/or Palpable Ads.
Nonetheless, if a User breaches the Terms or the documents the Agreement incorporates by reference, Palpable Ads shall have the right to recover all dues from such hirer.
The User agrees that we may under certain circumstances and without prior notice, immediately terminate your registration and access to the Platform. Causes for termination may include, but shall not be limited to, breach of the Terms, requests by enforcement or government agencies, non-payment of fees to Palpable Ads.
Confidentiality and Non-Disclosure:
Confidential Information means all our confidential, non-public or proprietary information regardless of how the information is stored or delivered, exchanged between the Parties before, on or after the date of this Agreement relating to the business, technology or other affairs of Palpable Ads. It includes information which is marked “Confidential”, which is by its nature confidential or which the receiving party knows or ought to know is confidential.
No Confidential Information may be disclosed by you to any person except: (a) Your representatives where they require the information for the purposes of this Agreement; or (b) With our written consent, which consent may be given or withheld in our absolute discretion; or (c) If you are required to do so by law or in connection with legal proceedings relating to this Agreement.
You must not use Confidential Information received under this Agreement other than for the purposes of exercising your rights or performing your obligations under this Agreement.
We make no representation that content on this Platform is appropriate or available for use in locations outside the India. If you choose to access this Platform from a location outside the India, you do so on your own initiative and you are responsible for compliance with local laws.
Acceptance of Electronic Signatures:
You agree that Palpable Ads may accept a faxed or industry standard electronic signature as a binding legal signature.
Right to enquire:
Palpable Ads has the right, but not the obligation, to inquire into complaints of any violations of these terms or other policy by a User. You acknowledge and agree Palpable Ads may arbitrate and act at its sole discretion to investigate and settle violations of its policies. Violations may result in termination of your account and/or immediate adjustment to the transactions involved.
Relationship of Parties:
Parties are independent contractors and neither Party’s employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.
You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement. This Agreement shall inure to the benefit of, and shall be binding upon the respective successors, beneficiaries, and heirs of the parties.
You may not amend or waive any provision of this Agreement unless in writing and signed by both Parties.
If we fail to exercise or enforce any right or provision of these Terms it shall not constitute to a waiver of such right or provision. We reserve the right to exercise our right at any time, as the case may be.
Compliance with Laws:
In using our services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
You authorize us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms of Service/terms and conditions or the right to use the Platform by a Listing Party contained herein or any other section or pages of the Platform or any Linked Sites in any manner whatsoever.
Interpretation of Number and Genders:
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.