Terms of Service
Last Updated: March 30, 2024
Hello there, thank you for using Adstralia!
These Terms of Service (“Terms”) govern your access to and use of any website, service, technology, platform, channel or any other products or features owned, operated, branded or offered by Adstralia (“Adstralia” or the “Service”), except where we expressly state that separate terms (and not these) apply. For the purposes of these Terms, “we” or “us” refers to the party with whom you are entering into this agreement, per Section 12(e) (Parties). Please read these Terms carefully and contact us if you have any questions.
By accessing or using Adstralia, you agree to be bound by these Terms. If you do not agree to our Terms, you must not access or use Adstralia.
Every company has its own set of Terms, and these are ours. They include these Terms of Service along with the other policies mentioned in them.
1. The Service
Adstralia is dedicated to inspiring creativity and providing a personalized experience for all users. In pursuit of this mission, we curate content that we believe will be relevant, interesting, and tailored to you based on your onsite and offsite activities. To deliver this personalized service, we may collect and utilize your personal data, as outlined in our Privacy Policy. Please review our Privacy Policy for detailed information.
Some of the content you see may be sponsored by advertisers. However, we strive to ensure that even promoted content remains relevant and engaging for you. Promoted content will always be clearly marked for transparency.
2. Using Adstralia
a. Who can use Adstralia
You may use Adstralia if you agree to these Terms and comply with all applicable laws. Access to Adstralia is available to individuals who are above the age of 13 and meet the minimum age of consent required in their country. If you are aged 13 to 18, you may use Adstralia only with the explicit consent of your parent or legal guardian, who should review and discuss these Terms with you.
If your access to Adstralia has been disabled in the past due to a violation of these Terms, our policies, or for legal reasons, you are not permitted to access Adstralia.
While using Adstralia, you agree not to engage in unauthorized data collection or access, including the use of automated processes, and not to attempt to access data for which you do not have permissions.
You are also required to comply with applicable trade restrictions, including US, EU, and UK sanctions and export controls, and agree not to use the Service for any activities prohibited by these restrictions.
Engaging in any use of Adstralia that is not explicitly allowed by these Terms constitutes a breach of these Terms and could potentially infringe upon copyright, trademark, and other legal regulations.
b. Our licence to you
By accessing and using Adstralia, you are granted a limited, non-exclusive, non-transferable, and revocable permission, subject to compliance with these Terms and our policies.
You are not authorized to let unauthorized third parties use Adstralia, and you may not transfer or assign access or usage rights to anyone else.
3. Your Brand Content
a. Posting Brand Content
At Adstralia, we curate and share advertisement campaigns to inspire creativity and provide a platform for brand exposure. All content shared on Adstralia, including advertisement campaigns, is managed by us. You continue to own all the rights to the advertisement campaigns you provide to us for sharing.
Make sure that any advertisement campaigns you submit are content for which you have the legal rights to share. Don’t submit content that infringes on the intellectual property rights of others, such as copyright or trademark violations, or content that is unlawful.
While we strive to ensure that the advertisement campaigns shared on Adstralia comply with legal requirements and our internal policies, we are not responsible for the accuracy or legality of the content provided by brands.
b. How your Brand Content can be used by us
By providing advertisement campaigns to us for sharing on the Service, you grant Adstralia a non-exclusive, royalty-free, worldwide license to utilize, store, publicly perform or display, reproduce, save, modify, and distribute your advertisement campaigns within the Adstralia platform.
We reserve the right to make adjustments to advertisement campaigns within Adstralia, such as modifying or refining them, to enhance user experience and align with our platform's standards. While we strive to communicate any significant changes to advertisement campaigns, there may be instances where adjustments are made without prior notice. Rest assured, we will always aim to maintain the integrity and effectiveness of advertisement campaigns while ensuring a positive experience for our users.
c. How long we keep your Brand Content
After your advertisement campaigns are removed from Adstralia or your partnership with us ends, we may retain them for a reasonable duration, primarily for backup, archiving, or auditing purposes. We may continue to use, store, display, reproduce, perform, and distribute any of your advertisement campaigns that have been shared on Adstralia.
d. Feedback you provide
We greatly appreciate input from brands and continually strive to enhance Adstralia. If you decide to share comments, ideas, or feedback with us, please understand that we’re not obliged to keep your feedback confidential or provide compensation for it. Accepting your submission doesn’t mean we waive any rights to use feedback that is similar or related to what we already know, or that has been created by our team, or obtained from sources other than you.
e. How to report concerns to us
Adstralia provides reporting channels for brands to inform us about content on the platform that they believe infringes upon these Terms, our policies, or local laws. Reports will be carefully examined, and we will take the necessary actions promptly. To learn more about reporting content on Adstralia, please visit our Help Center.
4. Intellectual property
a. Copyright Policy and Trademark Policy
Adstralia has put in place and actively follows the Adstralia Copyright Policy and the Adstralia Trademark Policy to comply with relevant intellectual property regulations. The Adstralia Copyright Policy and the Adstralia Trademark Policy are an integral part of these Terms.
Copyright Policy: Adstralia respects the intellectual property rights of others and expects users of the platform to do the same. Our Copyright Policy outlines our procedures for addressing copyright infringement claims, including the process for reporting infringing content and our actions in response to valid notices of infringement. We investigate and promptly respond to all reports of copyright infringement in accordance with applicable laws and regulations.
Trademark Policy: Adstralia values trademarks as important assets of businesses and individuals. Our Trademark Policy explains how we address trademark infringement issues on our platform. It provides guidance on reporting trademark violations and details our actions in response to valid notices of infringement. We take appropriate measures to address trademark infringement in accordance with the law and our policies, including the removal of infringing content.
b. Adstralia intellectual property
You acknowledge and agree that, in the context of our relationship, we retain full ownership of Adstralia and all associated intellectual property rights, which include copyrights, trademarks, and patents (collectively referred to as the “Adstralia IP”). You are not allowed to utilize any of the Adstralia IP, except when it’s essential for your authorized use of Adstralia. Please note that the Adstralia IP does not encompass Brand Content.
If you misuse Adstralia IP in violation of these Terms, your privilege to use Adstralia will cease immediately, and, at our discretion, you must either return or dispose of any copies of Adstralia IP that you may have. These Terms do not grant you any ownership, rights, or interests in Adstralia or any Adstralia IP; all such rights are reserved by us, and only those rights expressly granted are applicable.
5. Security
We prioritize the security of our platform and the content shared on it. Although we make every effort to safeguard the content shared on Adstralia, we cannot guarantee that unauthorized third parties won’t find a way to access or misuse it. It’s crucial that you remain vigilant regarding the security of your own devices and networks when accessing Adstralia.
While there are no user accounts on Adstralia, if you ever suspect or experience any unauthorized access to your device or encounter any security breaches while interacting with our platform, please notify us immediately.
6. Third-party links, sites and services
Adstralia may include links to third-party websites, advertisers, or services that offer products or services featured in the advertisement campaigns showcased on our platform. These third-party websites or services are not under our ownership or control. While we strive to provide reliable and relevant links, we do not endorse or take responsibility for the content, accuracy, legality, or availability of these third-party websites or services.
When you choose to access or utilize any third-party website, service, or content through Adstralia, you do so at your own discretion and risk. Adstralia is not liable for any issues, damages, or losses that may arise from your interactions, purchases, or access to third-party websites, services, or content, including but not limited to, product quality, delivery delays, or disputes with vendors.
7. Termination
We reserve the right to suspend or terminate your access to Adstralia if you breach these Terms or engage in conduct that violates our policies. In cases where legal requirements apply, we will furnish you with written notice of termination.
After termination, Sections 3, 8, 9, 10, 11, and 12 of these Terms will remain in effect.
8. Disclaimers
To the extent permitted by applicable law, Adstralia provides the Service and all content on Adstralia on an “as is” basis without any warranties, whether express or implied.
Adstralia explicitly disclaims any and all warranties and conditions, including merchantability, fitness for a particular purpose, and non-infringement, as well as any warranties arising from the usual course of business or trade practices.
Adstralia is not responsible for, and assumes no liability regarding, any Brand Content featured on the platform. You understand and agree that you might come across Brand Content that is inaccurate, objectionable, or not aligned with your interests.
We cannot guarantee that Adstralia, or any part of the Service, or any materials or content provided through Adstralia, are accurate, complete, current, or free from interruptions, secure, or error-free, without viruses or other harmful elements.
We may make changes to Adstralia for various reasons and will not be liable for any changes to Adstralia or the suspension or termination of access to or use of Adstralia.
The limitations, exclusions, and disclaimers in this section are enforced to the fullest extent permitted by applicable law.
If you are a consumer in the European Economic Area (EEA) or the United Kingdom (UK), we do not exclude or limit liability for gross negligence, intent, or in cases of death or personal injury resulting from our negligence or wilful misconduct.
9. Limitation of liability
To the fullest extent allowed by law, we will not be responsible for any indirect, incidental, special, consequential, or punitive damages, nor any loss of profits, revenues, data, usage, goodwill, or other intangible losses, whether occurring directly or indirectly. This includes damages resulting from (a) your access to or use of the Service, (b) any conduct or content of any third party on the Service, or (c) unauthorized access, use, or alteration of your transmissions or content.
Under no circumstances will our total liability for all claims related to the Service exceed one hundred US dollars (U.S. $100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
If we cause you harm and you are a consumer in the EEA or UK, the above does not apply. Instead, Adstralia’s liability will be limited to foreseeable damages resulting from a breach of material contractual obligations typical for this type of contract. Adstralia is not responsible for damages arising from a non-material breach of any other applicable duty of care. This limitation of liability does not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or to exclude our responsibility for something we have specifically promised to you.
10. Dispute resolution
If you are a consumer in the European Economic Area (EEA), the United Kingdom (UK), or any other jurisdiction where this provision may not be enforceable, Section 10 is not applicable to you for disputes that arise after the effective date of these Terms.
a. Informal Dispute resolution
If you have a dispute with us, you agree to initially reach out to us and make an effort to resolve the dispute through informal means. Neither party can initiate any legal proceedings, be it in a court, arbitration, or any other forum, until the Notice of Dispute and Informal Dispute Resolution procedures, as described below, have been carried out.
b. Notice of Dispute
If you have a dispute, you must initiate the process by sending us a Notice of Dispute, which should include the following information: your full name, your contact information, a detailed description of the dispute and the alleged harm, and any relevant documentation. Once we receive the Notice of Dispute, we will respond within a reasonable timeframe to attempt an amicable resolution of the dispute.
c. Jurisdiction-specific considerations
For users located in the European Union (EU) or EEA, where consumer rights and dispute resolution mechanisms may be governed by EU law or national laws of EU member states, the arbitration clause may not be enforceable, and disputes may be subject to alternative dispute resolution methods as provided by applicable laws and regulations.
11. Governing law and jurisdiction
If you are a consumer in the European Economic Area (EEA), the United Kingdom (UK), or any other jurisdiction where local laws may provide mandatory protections for consumers, these Terms and your use of the Service will be subject to the laws of the country in which you reside. Any claims, disputes, or controversies related to these Terms or the Service will be resolved in the courts of your country of residence, which may offer additional legal protections.
For users outside the EEA, UK, or other jurisdictions with specific consumer protection laws, these Terms and your use of the Service will be governed by the laws of Portugal, without regard to its conflict of laws principles. Any disputes arising from or related to these Terms or the Service shall be exclusively resolved by the courts of Portugal.
If any dispute resolution mechanism provided in Section 10 is found to be unenforceable or inapplicable, the parties agree that any remaining claims, disputes, or controversies related to these Terms will be subject to the jurisdiction of the courts of Portugal.
12. General Terms
a. Notification and modification of Terms
We may occasionally update these Terms to reflect changes in our Service or legal requirements. The most current version of these Terms will always be available on our website. If substantial changes are made, we will provide notice before the updates take effect, except when required by law. Your continued use of Adstralia after such modifications signifies your acceptance of the updated Terms. Any disputes arising under these Terms will be resolved according to the version in effect at the time the dispute arose.
b. Assignment
If you are a consumer in the European Economic Area (EEA) or the United Kingdom (UK), either party may transfer this agreement and its associated rights and licenses to a third party. In all other cases, you may not transfer or assign these Terms without our consent, but we may do so freely. Any attempted transfer or assignment in violation of these Terms will be void.
c. Complete Agreement and Severability
These Terms constitute the entire agreement between you and us regarding the Service. If any provision of these Terms is found to be invalid, it will be limited or removed to the extent necessary, and the remaining provisions will remain valid and enforceable.
d. No waiver
No waiver of any provision of these Terms will be considered a continuing waiver of that provision or any other provision. Our failure to enforce any right or provision under these Terms does not constitute a waiver of such right or provision.
e. Parties
If you reside in the United States, these Terms are between you and Adstralia, located in São Miguel, Azores, Portugal. For users outside the United States, these Terms are between you and Adstralia, a company registered in São Miguel, Azores, Portugal. As a global service, these Terms benefit Adstralia, including its worldwide subsidiaries and affiliates.
For any inquiries or concerns regarding these Terms or our Service, please feel free to contact us at info@adstralia.com.
Thank you for taking the time to review this Policy.