Terms & Conditions

(Updated:  June 15th, 2019)

The www.AdKiosks.com website (collectively, the “Site”) and its cloudbased advertising platform Service (the “Service”) are owned and operated by AdFreeq, LLC dba/ AdKiosks (“Company”). Company has adopted this Terms of Use Policy (“Terms of Use”) to make you aware of the terms and conditions of your use of the Site and the Service. By using the Site and the Service, you agree to be bound by this Agreement. If you do not agree to the Terms of Use, please do not use the Site and the Service. The Company reserves the right, at its discretion, to change, modify, add or remove portions of the Terms of Use at any time by posting such changes. Company will notify acceptors of changes two weeks prior to their inclusion in Terms & Conditions. The continued use of the Site and the Service following the posting of changes to these terms will mean you accept those changes.   

The terms “you,” “your” or “User(s)” refers to any individual accessing the Site or the Service for his/her own personal purposes, or on behalf of an entity or other person. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User(s)” shall include you individually and any such entity or person that you purport to represent, and you further represent and warrant that you are in fact an authorized representative of such entity or other person and have the authority to bind such entity or other person to these Terms of Use, and your acceptance of these Terms of Use shall constitute acceptance on behalf of such entity or person. The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Company, including on any particular page of this Site or through the Service, including through a registration process or other means. In the event of a conflict between the Terms of Use and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.

BY USING OR OTHERWISE ACCESSING THE SITE OR THE SERVICE, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE OR THE SERVICE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE OR THE

SERVICE OR POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE OR THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICE OR ANY CONTENT IS TO STOP USING THE SITE. GENERAL TERMS OF USE AND RESTRICTIONS ON USE OF MATERIALS.

All materials contained in this Site or made available through the Service, are protected by United States and international trademark and copyright laws, are owned or controlled by Company (or its partners) and must only

be used for certain approved purposes as established by Company. You may only view or download material from this Site for your own use or as otherwise expressly authorized by Company, and you must keep all

copyright and other proprietary notices attached to the viewed or downloaded material. You may not obscure or remove any proprietary rights notices contained in or on the content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Site or any part thereof.

Company may discontinue or alter any aspect of the Site or the Service, remove content from the Site or the Service, restrict the time the Site is available or restrict the amount of use permitted at Company’s sole discretion and without prior notice or liability. You agree that Company may, under certain circumstances and with or without cause, immediately suspend and/or terminate your access to the Site or the Service or any part thereof. Company may take such measures in its sole discretion and without liability to you or any third party.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Site or the Service is

STRICTLY PROHIBITED without the prior written consent of Company or unless expressly permitted by this Site or the Service. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by Company (“Company Content”). The copying, posting, linking or other use of Company Content from this Site or the Service on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site or the Service can be made by contacting Company in writing at the address listed below. You are also strictly prohibited from creating works or materials that derive from or are based on the Company Content or other materials contained in this Site or the Service. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. You shall not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the Company Content, trademarks, service marks, logos or icons displayed on the Site or Service, which are the property of Company, or its affiliates or licensors, if any, unless otherwise specifically noted in these Terms of Use. Trademarks, service marks, logos and icons owned by third parties are the property of those respective third parties. Company and affiliates do not warrant or

represent that your use of the Company Content will not infringe the rights of third parties.

If you do not comply with the Terms of Use at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site or the Service. We may discontinue or alter any aspect of the Site or the Service, including, but not limited to, (i) restricting the time the Site or the Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Site or the Service, at our sole discretion and without prior notice or liability.

ACCOUNTS

For certain aspects of the Site or the Services, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and

password. You agree to immediately notify Company in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Company may refuse to grant a particular username to you for any reason, including, without limitation, in the event Company determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.

YOUR PRIVACY

In an effort to address your privacy concerns, Company has instituted the following Privacy Policy located at http://www.adkiosks.com/privacy (“Privacy Policy”)  that is incorporated herein by this reference. Company reserves the right to change the Privacy Policy as set forth therein. You acknowledge that you have read and understand the Privacy Policy and that you have the obligation to periodically review the Privacy Policy from time to time. In the event any provisions contained in this Agreement conflict with any terms, conditions or clauses contained in the Privacy

Policy, the provisions of this Agreement shall govern. Company may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, the Company may transfer information collected

from users in connection with a sale or restructuring of Company.

PERMITTED USER CONTENT POSTED ON THE SITE

Subject to these Terms of Use, Users are welcome to post, transmit or submit advertisements, solicitations, requests, content or messages and other materials (which include, without limitation, uploading files, inputting data or any other materials, “blogging,” or engaging in any form of communication in connect with the Site) (collectively, “User Content”) to Customer-defined classified advertisement boards, Customer-defined advertisement boards, forums, chat rooms, message boards, newsgroups or other interactive Service within, or in connection with, the` Site or the Service (collectively, the “Interactive Features”).   

 

Customer is solely responsible for such User Content you provide to Company or post on the Site or the Service. Company accepts no responsibility whatsoever in connection with or arising from such User Content. In submitting User Content to the Interactive Features, you agree to strictly limit yourself to discussions about the subject matter for which the Interactive Features are intended. You agree that Company accepts no liability whatsoever if it decides, in its discretion, to prevent your User Content from being submitted or if it edits, restricts or removes any User Content for any reason. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.  

Company does not endorse and has no control over the User Content. User Content is not necessarily reviewed by Company prior to posting and does not necessarily reflect the opinions or policies of Company. Company makes no warranties, express or implied, as to such User Content or its accuracy and reliability, and assumes no responsibility

for actively monitoring the Interactive Features for inappropriate User Content. Company reserves the right to prevent you from submitting User Content to the Interactive Features and to edit, restrict or remove such User Content for any reason at any time. Company may choose, in its sole discretion, to monitor the Interactive Features; however, Company assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content and no responsibility for the conduct of any User submitting any User Content.

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The Site is not a backup service for storing User Content, and Company has and shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Site or the Service.

LINKS

As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content by Company is not intended to be an endorsement,

sponsorship or recommendation by Company. Please be aware that whenyou exit the Site, you are subject to the policies of the new web site. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party site or resource.

PROHIBITED ACTIVITIES

You shall not (nor cause any third party to) use the Site or the Service to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation:

disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; that would constitute fraud; transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity; interfering with or disrupting the Site or the Service; disrupting the activities or enjoyment of the Site or the Service for other users; or collecting, or storing personal data about other users. You agree to abide by all applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any of the User Content or Comments created or submitted by you

.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

We welcome your comments regarding the Site and the Service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) shall be and remain the exclusive property of Company. Your submission of any such Comments shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any

purpose whatsoever, without restriction or prior notice and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, articles, forms, product ideas, computer code or other original materials.

 

FEES

Pricing and Fees located at https://www.adkiosks.com/pricingandfees

(“Pricing & Fees”)  

 

Company (or its partners) may charge a fee to post content or for other features, products, services or licenses. You are responsible to Company (or its partners) for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through any account created through Company (or its partners) for using or accessing the Site or the Services. You authorize Company (or its partners), or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees as provided through the registration process.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by Company (or its partners) or by community flagging. Subscription payments and purchases may not be canceled by the user, except as required by law. However, Company (or its Customers) reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion.   You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

 

The Company reserves the right, at its discretion, to change, modify, add or Change their pricing and fees at any time by posting such changes. Company will notify acceptors of changes two weeks prior to their inclusion in Fees & Pricing. The continued use of the Site and the Service following the posting of changes to these terms will mean you accept those changes.  

RELEASE / INDEMNIFICATION

You agree to release Company, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site and the Service. If at any time you are not happy with the Site or the Service or object to any material within the Site or the Service, your sole remedy is to cease using them.

EXCLUSION OF WARRANTIES / DISCLAIMER

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE OR THE SERVICE, AND ANY COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. ALTHOUGH Company USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE AND THROUGH THE SERVICE IS AS ACCURATE AS POSSIBLE, Company GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE OR THE SERVICE AND/OR Company CONTENT posted or otherwise made available therein.

 

FURTHER, Company DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY company CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR Company CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR THE SERVICE OR Company CONTENT

WILL MEET YOUR EXPECTATIONS. Company EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY WARRANTY THAT THE SITE, THE SERVICE OR Company CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED. ANY company CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH company CONTENT OR MATERIAL.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Company SHALL NOT BE LIABLE 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 Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM the inability to access or utilize ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY

OTHER MATTER RELATING TO THE SITE OR THE SERVICE. IN NO EVENT SHALL Company’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ARBITRATION

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted and administered by the National Arbitration Forum, under the Code of Procedure in effect at the time the claim is filed. Any sole and exclusive venue for any arbitration hearing is Littleton, Colorado, and any such arbitration proceeding shall comply with the Governing Law chosen below. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1- 16. Judgment upon the award may be entered in any court having jurisdiction. Any party may make an application to the arbitrator seeking injunctive relief to maintain the status quo until such time as the arbitration award is rendered or the controversy is otherwise resolved. Any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrator, to the parties to this Agreement pending arbitration. The arbitrator shall have the authority to award any remedy or relief that a court of this state could order or grant, including, without limitation, specific performance of any obligation created under the agreement, the awarding of punitive damages, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. The arbitration shall be held in Littleton, Colorado, or at such other place as may be selected by mutual written agreement. The arbitrator shall have the discretion to order a pre-hearing exchange of information by the parties, including, without limitation, production of requested documents, exchange of summaries of testimony of proposed witnesses, and examination by deposition of parties.

GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

The validity and effect of the Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Colorado, USA, without regard to its conflicts of laws principles. In the event litigation is instituted hereunder, each user consents to the exclusive jurisdiction of any federal or state court situated in or serving Arapahoe County, Colorado, as Company selects in its sole discretion. The prevailing party shall be entitled to recover its attorneys’ fees and court costs, together with any other relief awarded by a court of competent jurisdiction. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE, ITS USE, THESE TERMS OF USE, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF Company, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN DELAWARE, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. CHANGES TO OUR POLICIES

Our Terms of Use Policy is intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Policy at any time without prior notice. If you have any questions, or would like further clarification, please e-mail us at info@adkiosks.com. Any changes in Company’s policies will be communicated on this page.

 

This Site is operated by the Company. All inquiries may be directed to:

 

adFreeq, LLC dba/ AdKiosks

5558 S.Hill St.

UNIT 303

Littleton, CO 80120

Web: https://www.adkiosks.com

 

Email: info@adkiosks.com

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