Last updated: 26 November, 2024
Please read these Terms of Use carefully.
These Terms of Use (“Terms”) govern your use of the website and constitute a binding legal agreement between you (“you”, “your” or “user”), on the one side, and Skyforge Digital AG, a company registered at Chamerstrasse 176, 6300 Zug, Switzerland with company registration number CHE-481.990.668 (“we,” “us,” “our,” or “Adtrafico”), on the other side. Skyforge Digital AG operates the website accessible at https://www.adtrafico.com, encompassing all pages within this website (“Website”) as well as any associated products and services (“Service” or “Services”).
By accessing or using this Website, you confirm your acceptance of and agreement to these Terms, as well as the Privacy Policy, Cookie Policy, and any other terms specified by Adtrafico on the Website. These Terms apply in full and govern your use of the Website. If you do not agree to these Terms, you are advised not to use the Website. For publishers or advertisers seeking collaboration opportunities, please review our Publisher Terms and Сonditions and Advertiser Terms and Conditions prior to proceeding.
When you access or use the Website and/or Services, you represent and warrant that you possess the legal right and capacity to enter into these Terms and abide by them. You further warrant that you are at least 18 years old or have reached the age of majority in your jurisdiction of residence, whichever is higher. If you are acting on behalf of a legal entity, you additionally represent and warrant that you are authorized to act on its behalf and to legally bind that entity to this agreement. Should you lack such authority or disagree with any aspect of these Terms, you must refrain from accepting them and discontinue use of the Website.
1. Account
1.1. Some products or services provided on or through our Website may require you to register an account with Adtrafico. As the account holder, you are solely responsible for safeguarding the confidentiality of your account information, including your password, and for any activity that occurs under your account resulting from a failure to secure this information. You are also responsible for managing access to any devices, gateways, or endpoints where your password is stored.
1.2. If you become aware of any unauthorized use of your password or account, you must promptly notify Adtrafico. To enhance privacy and security, Adtrafico strongly recommends that you log out of the Website after each session, particularly when using a public or shared computer, mobile device, or other endpoint.
1.3. You are strictly prohibited from using another person’s login credentials, password, or account without their explicit permission and consent. Adtrafico disclaims liability for any loss or damage arising from your failure to comply with these responsibilities.
2. Website Content
2.1. Unless explicitly stated otherwise, all materials on this Website, including but not limited to images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips, and other written or visual content (collectively referred to as the “Contents”), are protected by intellectual property rights, such as copyrights and trademarks, owned by or licensed to Adtrafico or its affiliates. These materials are safeguarded under European, U.S., and international copyright laws. Furthermore, the compilation (i.e., the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Adtrafico and is similarly protected by copyright laws.
2.2. Permission to use the Contents is granted only under the following conditions:
(a) the use of the material is strictly for informational, non-commercial, or personal purposes unless otherwise specified by Adtrafico or outlined in the Advertiser Terms and Conditions and/or Publisher Terms and Conditions;
(b) the material must not be modified or altered in any way;
(c) the copyright notice must appear on all copies of the material;
(d) graphics from the Website may not be used separately from the accompanying text.
2.3. You agree not to circumvent, disable, or otherwise interfere with any security features of the Website, including features designed to prevent or restrict the use or copying of the Contents or those enforcing limitations on the use of the Website or the materials contained therein. Adtrafico reserves the right to modify the Contents of this Website at any time but is under no obligation to update any information presented on the Website.
3. Your Use of The Website and Services
3.1. By using this Website, you agree to abide by all applicable laws, regulations, and these Terms. You further agree not to use the Website for any unlawful purpose, any purpose prohibited by these Terms, or any purpose inconsistent with its intended use as determined by Adtrafico.
3.2. You adhere to the following restrictions when accessing or using the Website:
– No unauthorized transactions: do not rent, lease, sell, resell, loan, assign, sublicense, license, copy, distribute, commercially exploit, or transfer rights to use the Website or its content unless explicitly authorized by Adtrafico;
– Compliance with laws and rights: do not use the Website in a manner that: (a) infringes the rights of any third party; (b) attempts to impose obligations on Adtrafico not expressly stated in these Terms; (c) deviates from the purposes permitted in these Terms; (d) violates any applicable laws or regulations;
– No reverse engineering: do not reverse assemble, reverse engineer, decompile or attempt to discover the source code of any portion of the Website or Adtrafico’s intellectual property;
– No misuse for competition: do not access or use the Website to (a) copy, modify, or create derivative works based on the Website or Adtrafico’s intellectual property; (b) build a competitive product or service; (c) develop a product using ideas, features, functions, or graphics from the Website;
– No undue load: do not take any actions that impose, or could impose, in Adtrafico’s sole discretion, an unreasonable or disproportionately large load on Adtrafico’s infrastructure. Avoid denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks;
– No interference: do not interfere with the proper functioning of the Website or its activities. Avoid introducing viruses, trojans, worms, logic bombs, or other malicious material;
– No unauthorized access: do not bypass security measures, gain unauthorized access to the Website, or attempt to access servers, computers, or databases connected to the Website;
– No alteration of proprietary content: do not delete, obscure, or modify any copyright, trademark, patent, or other proprietary notices displayed on the Website.
3.3. You agree to comply with these Terms, Privacy Policy, Cookie Policy and all other terms or policies available on the Website, as they may be updated by Adtrafico at its sole discretion. Additionally, you may not use the Website to: (a) transmit or store content that is infringing, obscene, threatening, libelous, tortious, or otherwise unlawful, including material harmful to children or that violates third-party privacy rights; (b) send spam or unsolicited messages in violation of applicable laws.
3.4. Unless otherwise specified in the Advertiser Terms and Conditions and/or Publisher Terms and Conditions, this Website and its content are intended exclusively for personal, non-commercial use. Except as provided by Adtrafico, you may download, copy, and print certain portions of content or other downloadable materials for personal, non-commercial purposes, provided all original copyright and proprietary notices remain intact.
3.5. Without express permission, you are prohibited from reproducing, copying, publishing, transmitting, distributing, displaying, modifying, creating derivative works from, selling, or exploiting any portion of the Website, its content, or associated software in any manner. Unauthorized use, including reproduction, modification, or public display of the Website or its content, is strictly prohibited.
4. Intellectual Property Rights
4.1. Adtrafico, or its licensors, retains full ownership and control of all intellectual property rights associated with its business, technology, proprietary materials, and information. This includes, but is not limited to, the Website and its products or Services, encompassing all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, data, images, text, graphics, illustrations, materials, source codes, structure, sequence, organization, know-how, modifications, updates, upgrades, enhancements, documentation, manuals, and any derivatives thereof. It also includes Adtrafico’s name, logos, trademarks (whether registered or not), design marks, slogans, and any related product or service identifiers (collectively referred to as “Intellectual Property”).
4.2. Unless explicitly permitted by these Terms, you are strictly prohibited from downloading, reproducing, viewing, distributing, copying, printing, republishing, displaying, posting, transmitting, or modifying any material found on the Website without obtaining prior written authorization from Adtrafico.
4.3. Adtrafico grants you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive right to access and use the Website exclusively for personal, non-commercial purposes, except as provided by Adtrafico, in compliance with these Terms. Adtrafico reserves the right to revoke or terminate these permissions at any time, and such rights will be automatically revoked if you breach any provision of these Terms. Any use of the Website’s content or materials beyond the scope explicitly authorized by these Terms is strictly prohibited and may result in legal action.
4.4. Adtrafico disclaims responsibility for any copyright, trademark, trade dress, or other intellectual property violations arising from content that third-party providers post, transmit, or advertise on the Website.
5. User Submissions
5.1. You may submit images, sounds, videos, or other communications (collectively referred to as “Your Content”) to the Website. However, you acknowledge that Adtrafico does not guarantee the confidentiality of Your Content, regardless of whether it is published. You are solely responsible for Your Content and any consequences resulting from its submission or publication.
5.2. By submitting Your Content, you affirm that:
(a) you own or have obtained all necessary licenses, rights, consents, and permissions to use and, if applicable, sublicense Your Content.
(b) you grant Adtrafico the rights to use any associated intellectual property, including patents, trademarks, trade secrets, copyrights, or other proprietary rights, as necessary for the inclusion and use of Your Content under these Terms.
5.3. Additionally, you grant Adtrafico a worldwide, non-exclusive, royalty-free, fully paid-up, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, create derivative works, display, perform, and otherwise exploit Your Content in connection with the Website and its operations. You remain solely responsible for the content you submit and agree to indemnify Adtrafico and its publishers for any claims, damages, or losses arising from or related to Your Content.
6. Links to Third-Party Websites
6.1. The Website may include, display, or provide access to content, data, information, applications, or materials from third parties (“Third-Party Materials”) and may also contain links to external websites operated by third parties. By accessing and using the Website, you acknowledge and agree that Adtrafico is not responsible for evaluating, verifying, or ensuring the accuracy, completeness, legality, timeliness, copyright compliance, quality, decency, or any other aspect of such Third-Party Materials or linked external websites. Adtrafico does not endorse or warrant any Third-Party Materials, nor does it assume any liability or responsibility for any third-party services, content, materials, products, or external websites.
6.2. Third-Party Materials and links to external websites are provided solely for your convenience. Their inclusion does not signify Adtrafico’s endorsement, sponsorship, or recommendation of third-party information, products, or services.
6.3. Adtrafico does not guarantee that such Third-Party Materials or services are appropriate, lawful, or available for use in any specific location. Should you choose to access or interact with Third-Party Materials or services, you do so at your own risk and discretion, assuming full responsibility for adhering to applicable laws, including local regulations.
7. Disclaimer of Warranty
7.1. THIS WEBSITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOUR USE OF THE WEBSITE AND ITS SERVICES IS ENTIRELY AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY OUTCOMES RESULTING FROM SUCH USE. ADTRAFICO MAKES NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, BE OF SATISFACTORY QUALITY, SUITABLE FOR ANY SPECIFIC PURPOSE, FREE OF ERRORS, RELIABLE, SECURE, OR EFFECTIVE.
7.2. YOU ACKNOWLEDGE AND ACCEPT THAT ADTRAFICO MAY, AT ITS SOLE DISCRETION, SUSPEND THE SERVICES FOR EXTENDED PERIODS OR TERMINATE THEM ENTIRELY AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE.
7.3. ADTRAFICO SHALL NOT BE HELD RESPONSIBLE FOR ANY STATEMENTS MADE, WHETHER VERBAL OR WRITTEN, PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, UNLESS SUCH STATEMENTS ARE DEMONSTRATED TO HAVE BEEN MADE WITH FRAUDULENT INTENT. FURTHERMORE, NO REPRESENTATIONS OR ASSURANCES ARE PROVIDED REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE INFORMATION AVAILABLE ON THE WEBSITE. ANY DATA OR INFORMATION PROVIDED IS INTENDED SOLELY FOR CONVENIENCE AS AN INTERPRETATIVE AID AND MAY BE SUBJECTIVE OR SUBJECT TO CHANGE.
8. Limitation Of Liability
8.1. Under no circumstances, and under no legal or equitable theory – whether arising in tort, contract, strict liability, or otherwise – shall Adtrafico, its affiliates, publishers, licensors, contractors, or any of their respective officers, directors, employees, or agents be held liable to you or any other party for any direct, indirect, special, incidental, punitive, or consequential damages or losses of any kind. This includes, without limitation, damages for lost profits, loss of goodwill, loss of data, loss of use, work stoppage, inaccuracies in results, or computer failure or malfunction, arising out of or related to your use of this Website.
8.2. This limitation applies to all claims, including but not limited to those involving:
(a) inaccuracies, errors, or omissions in relation to tips, advice, guides, or other information provided on this Website, as well as any delays in their transmission or delivery;
(b) any actions you undertake based on the directions, information, or content provided on this Website, or any outcomes resulting directly or indirectly from such use;
(c) unauthorized access to or alteration of your data, even if an authorized representative of Adtrafico has been advised of or should have known of the possibility of such damages;
(d) any transactions conducted through this Website;
(e) any content or materials downloaded from this Website and any links provided therein;
(f) the use of or inability to use this Website and/or Services.
8.3. Certain jurisdictions may not allow the exclusion or limitation of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the limitations stated above may not apply to you. In such jurisdictions, Adtrafico’s liability shall be limited to the maximum extent permitted by law.
If you are a resident of California, you hereby waive the provisions of Section 1542 of the California Civil Code, which states that a general release does not include claims that the releasing party and/or creditor is not aware of and that, if known, could have materially affected the settlement.
9. Indemnity
9.1. To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Adtrafico, its affiliates, publishers, and their respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including reasonable attorney’s fees. This indemnification applies to matters arising out of or relating to:
(a) your access to or use of the Website or Services;
(b) content you submit, post, or share (“Your Content”);
(c) your interactions or conduct toward other users;
(d) any breach or violation of these Terms by you.
9.2. You agree to fully cooperate with Adtrafico in the defense of any claim, as required. Adtrafico reserves the right, at its sole discretion, to assume exclusive control over the defence and settlement of any matter subject to indemnification by you. In such cases, you shall not settle any claim without obtaining Adtrafico’s prior written consent.
10. Term and Termination
10.1. You may terminate these Terms by closing your registered account (if applicable), notifying Adtrafico of your intent to terminate, and ceasing all use of the Website and Services. Upon such termination, you agree to immediately stop using the Website and Services, and your rights under these Terms will cease.
10.2. Adtrafico reserves the right, at its sole discretion, to terminate, suspend, discontinue, or restrict access to the Website, the Services, your account, and/or these Terms, including any obligations set forth herein, with or without prior notice. In the event of termination or discontinuation of your account, you will lose access to the Services or any portion thereof.
11. Applicable Law and Dispute Resolution
11.1. These Terms shall be governed by and construed in accordance with the laws of Switzerland, excluding its conflict-of-law principles. Any disputes or claims arising from or related to these Terms shall first be attempted to be resolved through honest, good-faith negotiations between the parties. If a resolution cannot be achieved through such negotiations, the dispute will be submitted to arbitration under the Swiss Rules of International Arbitration of the Swiss Arbitration Centre, as applicable on the date the Notice of Arbitration is filed. The arbitration shall be conducted in English, and the arbitration panel shall consist of a single arbitrator.
12. Modifications
12.1. Adtrafico reserves the right, at its sole discretion, to modify, refuse to post, or remove any information or materials from the Website at any time and for any reason. Additionally, Adtrafico may disclose any information it deems necessary to comply with applicable laws, regulatory requirements, and legal processes, or to respond to requests from law enforcement, government authorities, or regulatory bodies.
12.2. Adtrafico also has the right to temporarily or permanently suspend access to all or any part of the Website for any purpose, including, but not limited to, operational or business requirements such as improving the Website’s functionality, updating content, performing maintenance, or addressing any issues that may arise.
12.3. Furthermore, Adtrafico may update these Terms, the Privacy Policy, the Cookie Policy, and any related documentation referenced within them as necessary. If you disagree with any modifications, you should cease using the Website immediately. Continued use of the Website after such changes have been posted will constitute your acceptance of the updated terms.
13. Entire Agreement
13.1. These Terms, together with our Privacy Policy, Cookie Policy, and other rules published on the Website (if applicable) constitute the entire agreement between you and Adtrafico regarding the Services and Website. They supersede and replace any prior agreements or understandings between the parties in relation to the Services and Website. If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which shall remain in full force and effect.
14. Assignment
14.1. Adtrafico reserves the right to assign, subcontract, or otherwise transfer its rights and/or obligations under these Terms without notifying you or obtaining your consent. You shall not assign, subcontract, or transfer any of your rights, obligations, or claims under these Terms, nor subcontract or delegate any part of your performance under these Terms to third parties, without the prior express written consent of Adtrafico. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
15. Other Applicable Rules
15.1. Adtrafico takes reasonable measures to protect the information provided via the Website from loss, misuse, unauthorized access, disclosure, alteration, or destruction. Our Privacy Policy outlines in detail the information Adtrafico collects about you and how it is used. By accessing and using the Website, you agree to be bound by this policy.
15.2. Additionally, our Website uses cookies to enhance your browsing experience, analyze site traffic, and provide personalized content. By using our Website, you agree to our use of cookies. For further information on the cookies Adtrafico uses and how to manage them, please refer to our Cookie Policy.
16. Questions or Comments
16.1. If you have any questions, complaints, or concerns regarding the Website, these Terms, or any aspect of the services provided, please do not hesitate to reach out to us. You can contact us directly by email at support@adtrafico.com, and we will make every effort to respond to your inquiries or resolve any issues in a timely and efficient manner. Your feedback is important to us, and we are committed to providing you with the best possible service.