TERMS AND CONDITIONS

Terms of service

Last modified 12-Dec-2016

About this agreement

Thanks for using Metrixa Ad Manager, provided by Metrixa Pty Ltd, located at 329 Queensberry St, North Melbourne, VIC 3051 Australia.

By using Metrixa Ad Manager, you are agreeing to these terms, so please read them carefully.

In this agreement, you won’t find any complicated legal terms or long passages of unreadable text. We want the terms of our professional relationship with you to be as clear and straightforward as possible.

Using Ad Manager

By using Ad Manager, you agree to follow any policies and conditions that we provide.

We provide you with specific ways to access and use Ad Manager. Do not try to interfere with the normal running of Ad Manager, or use it in a way other than the interface and instructions we provide.

Do not use Ad Manager to break the law. We did not create Ad Manager as a tool for criminals and do not condone such activity.

We may close your account if we find that you do not comply with our terms and policies, and may temporarily suspend your account while we investigate.

Just because you use Ad Manager doesn't mean you own it. We retain all intellectual property rights, including logos, images, compiled software and source code. Purchasing this service from Metrixa gives you the right to use our software within the terms and policies we provide.

Your Metrixa Account

Everyone who uses Metrixa Ad Manager must have his or her own Metrixa account. You can create a Metrixa account yourself, or we may create one for you.

You are responsible for keeping your password a secret, and your account secure. You are responsible for anything that happens through your Metrixa account.

If you think someone has accessed your account, change your password immediately.

Communication

We will send you notifications and information that we believe are essential for you to manage your account and service. We may also send you other communications that we believe will be useful to you. You are able to opt in or out of any non-essential communications.

Your Privacy

We care a lot about privacy and understand that your personal information is sensitive. Our privacy policy outlines how we deal with any personal information that you provide to us.

By agreeing to these terms and conditions, you agree for Metrixa to use your personal information as described in our privacy policy.

Your Content

Any content you create, receive, send and use through Metrixa Ad Manager is your property, and your responsibility. For example, you are responsible if you use Metrixa Ad Manager to upload copyright protected images, not us.

Using our Software

This Metrixa AdManager software built on Qt v.5.7 with dynamic linking. Qt is licensed under the GNU Lesser General Public License v.3, which can be found at https://www.gnu.org/licenses/lgpl-3.0.txt. A text copy of this license is included on the media provided by Metrixa or with the download of this Metrixa AdManager software.

To ensure our software is working properly and securely, we may automatically update software on your device when a newer version becomes available. If we do this, we will provide you with settings that let you switch this off.

We grant you a license that is:

  • Personal: You, as an individual, may use our software.
  • Global: one license applies (regardless of where you are) when you purchase or use Ad Manager.
  • Non-transferable: You can't sell, trade, give or transfer the right to use Ad Manager to anyone else.
  • Non-exclusive: We can provide Ad Manager to other advertisers, not just you.

Don't copy, distribute, modify, sell or lease Ad Manager, nor try to reverse engineer it or extract source code without written permission. Our software is not open-source.

Modifying our Service

We are in a fast-moving industry, and things can often change quickly. We may add, remove or change functionality and features of Ad Manager at any time. We may also change policies, restrictions, limits, or even stop providing Ad Manager as a service at any time.

Terminating our Service

You may stop using Metrixa Ad Manager any time, but we will miss you!

Warranties & Disclaimers

We work very hard to make sure Metrixa Ad Manager performs well. However, there are some things we just can't promise.

Aside from any promises we make in these terms, and any policies that apply to Ad Manager, we cannot make any guarantees.

We make no commitments to the availability and reliability of Ad Manager, or its ability to meet your specific needs.

To the extent permitted by law, we exclude all other warranties.

Liabilities

We are not responsible for any loss of profits, data, financial losses or other damages that occur from use of Ad Manager.

To the extent permitted by law, our total liability is limited by the amount you paid for the service. We will not be liable for damages that were not reasonably foreseeable.

Business Use

If you are using this software for business purposes, the business agrees to the terms and policies that apply to Metrixa Ad Manager.
If you are using this software on behalf of a business, that business accepts these terms and conditions.

It will hold harmless & indemnifies Metrixa, its officers, agents, affiliates & employees from any claim, suit, or action arising from or related to the use of Ad Manager or violation of these terms.

About these terms

We may modify terms and our policies any time. Modifications will be posted publicly, will be applied immediately, and will not affect retroactively.

Although we will make efforts to ensure you are made aware of any changes to the terms, you should check these terms regularly to see any updates.

If you do not agree with new terms, you should terminate your service immediately.

These terms control the relationship between Metrixa & you. It does not create any 3rd party beneficiary rights.

If you do not comply with these terms and we don't take action immediately, it doesn't mean we are giving up our rights to take action in future.

If it turns out that any of the terms are not enforceable, it does not impact other terms.

You can’t transfer this Agreement to anyone else without our permission. This agreement stays in place and doesn't need to be reviewed.

Although the language is simple, the intentions are serious, and this agreement is a legal document under exclusive jurisdiction of the courts of Victoria (Australia).

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