Terms and Conditions for Service
In order to use Services you must be a registered user and have an advertising account on www.facebook.com (“Facebook”) or www.instagram.com (“Instagram”) and you must unconditionally consent to and accept these terms and conditions (including those regulating the processing of personal data) by ticking the “I agree” box when you sign up to the Services whereby you are entering into a legally binding agreement with Adscook.
In these terms and conditions, certain definitions (identified with initial capitalization) used shall have the meaning as specified on Facebook. In addition, the following additional definitions shall have the meanings set forth below. Additional definitions are also provided elsewhere in these terms and conditions.
“Agreement” means these terms and conditions including all policies, procedures and/or guidelines which appear on the Website from time to time as well as all Facebook Terms and Instagram Terms.
“Ads Content” means any and all information and files that you post on Facebook or Instagram by the use of the Services.
“Facebook Terms” means any and all terms and conditions including policies, procedures and/or guidelines on Facebook from time to time and currently published on http://www.facebook.com/#!/terms.php.
“Instagram Terms” means any and all terms and conditions including policies, procedures and/or guidelines on Instagram from time to time and currently published on https://help.instagram.com/478745558852511.
“Membership” means the subscription service that entitles you to use Adscook to publish and manage ads on Facebook.
“Adscook” means Adscook's advanced management tool for Facebook and/or Instagram ads, which is used to provide the Services.
“Trial” means the subscription service that entitles you to test to use Adscook as a normal paying user for a total period of 14-days without paying.
“Services” means the web based features and services included in, and provided as part of, Adscook.
Use of Services
Adscook grants you a non-exclusive, non-transferable, revocable, limited, personal right to use and access Services. Adscook does not authorize other use or access, including, without limitation, by robots, spiders, crawlers and scraping technologies. You are responsible for your own username and password (“Login Information”) and should not allow any third party to access or use your Login Information. You are responsible for all individuals that access Services through your Login Information (“Authorized Users”). You and your Authorized Users may use Services only for your own business, not to access Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of Services.
The fee for the Membership (the “Membership Fee”) shall be as quoted in Adscook's current price list, which can be reviewed at adscook.com/pricing. All prices provided by Adscook are (unless otherwise stated) exclusive of taxes and duties. You will have to provide a valid credit card or other payment method at the time of signing up for Membership.
Adscook reserves the right to modify the Membership Fee and the prices for other Services from time to time in its sole discretion to cover any increase in Adscook’ costs for the Services (including but not limited to increased costs of materials, labor, services, currency fluctuations or as a result of government taxes and levies). You shall not be entitled to make any deduction from the sum due for the Membership in respect of any set-off or counterclaim against Adscook. You are not entitled to withhold payments by reason of any alleged defect in the Membership and/or other Service(s). Under no circumstances are you entitled to refund or reimbursement of fees paid to Adscook.
All sales are final.
If you sign up for a Trial, Adscook may require you to provide it with a valid credit card or other payment method and start charging you automatically on the first day after the Trial is over, unless you cancel your account before the end of the Trial.
You remain responsible at all times for the direct payment of the ads, if any, purchased through Services to Facebook and/or Instagram.
Adscook assumes no responsibility or liability for any errors, costs, loss, disclosure of or related to Ads Content or other information or data not being transferred to or published on Facebook or caused by malfunction in a transfer facility.
YOU USE ALL SERVICES AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ADSCOOK DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADSCOOK SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT, THAT SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. NO ADVICE OR INFORMATION WHETHER VERBAL OR WRITTEN, OBTAINED FROM ADSCOOK OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Adscook is not liable for any delay in performance of its obligations under these Terms caused by circumstances that were not reasonably foreseeable by Adscook at the time of entering into these Terms and the effects of which could not reasonably be avoided or overcome, including but not limited to reduced or disrupted access to Facebook or Instagram, disruption or delay in external networks or telephony connections or shortage in power supply. Adscook shall not in any case be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with the use of Adscook or Services, even if we have been advised of the possibility of such damages, and regardless of the legal theory on which any such damages may be based.
When you visit the Website and/or use Adscook you provide Adscook with information as may be collected as you interact with the Website and/or Adscook. Adscook is entitled, in its sole discretion, to save and freely dispose over any such information (including but not limited to all Ads Content).
Submitting your name and e-mail address as well as any other requested personal data or any other personally identifiable information (collectively, “Personal Data”) is a condition to using the Services. The Personal Data that you provide will allow Adscook to inform you of the Services as well as other services and products of interest. Adscook, its affiliates and partners, may use your Personal Data for processing, managing and providing you with personalized news, advertisement and other information.
Cookies may be used in order to make your visit to the Website easier, to enhance your experience, keep track of the number of visitors to and the general use of this Website as well as to keep track of advertisement. A cookie is a small text file stored on your hard drive, which tracks your movements within the Website. Cookies are never used to store Personal Data. The information collected from you on the Website helps us evaluate what types of information might be of interest to other visitors.
Links from the website
You agree to indemnify and hold Adscook and its affiliates harmless, to the extent permitted by applicable law, from all loss and expenses, including reasonable attorney’s fees, which are based on or arise from (a) your violation of any of the provisions of these Terms or otherwise is related to your Ads Content and/or use of Adscook, (b) allegations that yours Ads Content infringes or violates IPR, privacy rights, or other rights of a third party, or violates any applicable law, or (c) relating to, or arising from, your use of any Third-Party Websites or any third-party services.
These terms and conditions shall be valid until terminated by you or Adscook as provided below:
IF YOU ARE DISSATISFIED WITH SERVICES OR HARMED BY ADSCOOK OR BY ANYTHING RELATED TO SERVICES, YOU MAY TERMINATE SERVICES IN ACCORDANCE WITH THIS SECTION OF THE TERMS, AS APPLICABLE. SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY (AND YOUR SOLE AND EXCLUSIVE LIABILITY) FOR ANY BREACH OF CONTRACT.
Adscook is entitled to, in its sole discretion, to terminate your use of Services if you violate any of the terms and conditions set forth in these Terms of Service or any applicable law. Any such termination of your access to the Services may be affected without prior notice and you acknowledge and agree that Adscook may immediately delete any information or files in your account (if any) and revoke any further access to Adscook without being liable to you or any third party. Adscook may also terminate Services without any reason whatsoever, at any time, by providing you with written notice of termination.
Operation of Service
Adscook reserves the right to modify, suspend, discontinue or restrict access to any portion of Adscook and/or its Services at any time without notice and for any reason and will not be liable to you in any way for possible consequences of the aforesaid.
Adscook may assign its rights and obligations under these Terms to affiliates and other companies within the same corporate group.
If you have any questions regarding these terms and conditions, please contact us at firstname.lastname@example.org.