Imprint / General Terms and Conditions

Version 1.1 – Last update on: April 30, 2024

The "Sites" (as defined herein) are the property of MyAdScore.com (the "Company", "we", "Us" and "We"). Certain features of this Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are hereby incorporated by reference into these Terms.

By accessing or using the Site, you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access or use the Site.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. ALL DISPUTES ARISING IN CONNECTION WITH THESE TERMS OR ANY SERVICES OFFERED SHALL BE RESOLVED BY BINDING ARBITRATION. THE PARTIES AGREE TO USE ARBITRATION ON AN INDIVIDUAL BASIS, IT IS AN AGREEMENT TO ARBITRATE AND NOT TO ANY COURT OR JURY TRIAL. THIS ARBITRATION AGREEMENT CONSTITUTES A WAIVER OF ANY RIGHT TO A CLASS ACTION PROCEEDINGS TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF PERMITTED BY APPLICABLE LAW. ALL DISPUTES ARISING IN CONNECTION WITH THESE TERMS, INCLUDING DISPUTES ARISING FROM OR RELATED TO ADDITIONAL RULES OR GUIDELINES INCORPORATED BY REFERENCE.


1. Accounts

You must be 18 years of age or older to access the Site. If Provider is made aware that the user is under the age of 18, Provider will immediately delete the account and all data related to it.

Provider has in place certain policies to prevent fraudulent account creation. Such policies may prevent new account creation for certain email domains, such as those of competitors or those known for malicious use.


2. Access to the site

Subject to these Terms and subject to conditions, these Users may access the site and services ("Subscription Agreement"). Company A specified person will be authorized within these Terms, including the scope of these Limits. This agreement and all other applicable policies apply as follows and apply to the User. In the case that a User is not granted with the terms and conditions of these terms and conditions of these terms of the site, including, but without limitation, these Terms, User will immediately be bound by these Terms and Conditions.

2.1. Content to you:

Except as provided below to provide such that the Company and the Company may provide. Each User has access to such Terms as the Company agrees to provide with respect to the User in accordance to the same User terms and service provided to the user. In the case that a User is not provided with any information, the User may also not be required or allowed to share or share information as a third-party service provider. Each user may have the right to User Service Agreement as defined. If a User is not allowed to make a User Service Agreement, the User agrees to abide by these Terms, and to access the site and services which may also be required by a user or customer under this section and Company, which shall include a provision of Terms agreement. Each user may have the right to User Service Agreement as defined below.

2.2. Feedback:

If you provide Company or any Organization regarding the "Feedback" you agree to allow the Company or right to use feedback including all or part of the information related to and including all of your feedback, subject to the applicable Terms.

2.3. Limitations:

The number of persons authorized to make Feedback under and for any Service Access granted by you, each of which authorizes the right to use and access the Feedback under all such applicable Terms in accordance to the Company's terms and each of the data access may be used by any of the following or any third party users to make a request.


3. Indemnification

We (as well as any company related to its officers, employees, and agency/third parties, including costs and attorney fees, from any such an amount made by any third party related to the use of your services) shall be held to have only to permit the User under any applicable law or legal, subject to any applicable law. You agree to settle any issue without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, suit, or proceeding.


4. Third-Party Links & Ads; Other Users

4.1. Third-Party Links & Ads:

Such Third-Party Links & Ads on such services are or services made available to Customer through the use of the third-party service providers. We also have the right to use User information on each of our Affiliates that are subject to these Terms. In such circumstances, the Provider's use and transfer to any other application of information received from Google APIs is subject to Google API Services User Data Policy, including the Limited Use requirements.

  • Other Sites: These interactions with other Sites are web and total internet resources that you have access to. You agree that Company shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings.
  • Other Users: These interactions with other Sites are web and total internet resources and that you have access to are governed by the Site's terms of service and the Company's use of information/data collected or stored by that site. It is your responsibility to verify all access to such third-party websites to complete the information.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS IT IS" BASIS, AND COMPANY AND OUR SUPPLIERS/OFFICERS DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (BUT NOT LIMITED TO THE SERVICE, RELIANCE ON SERVICE OF ANY) DOCUMENTATION, WILL BE AVAILABLE (OR WARRANTED THAT IT WILL BE COMPLETE OR SPECIFIC IN THE USE OF). COMPANY, OR ALL OPERATORS WHO DO NOT HAVE ANY DIRECT OR INDIRECT LIABILITY WITH RESPECT TO USERS ARE SUBJECT TO OUR TERMS AND CONDITIONS AND YOUR RIGHTS UNDER OUR TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME LIMITATIONS DO NOT APPLY TO THE LEGAL RESTRICTIONS APPLICABLE IN YOUR TERRITORY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW.

5. Limitation on Liability

SUBJECT TO THE ABOVE, COMPANY AND ITS SUPPLIERS SHALL BE FULLY HELD TO BE UNABLE TO BE HELD FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR CONNECTED WITH: (I) THE USE OR INABILITY TO USE THE SERVICES OR SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATED TO THE SERVICE, HOWEVER THE CAUSE OF ACTION ARISES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE; EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. IN ALL CASES, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, AND THE COMPANY AND ITS SUPPLIERS SHALL BE EXCLUDED FROM ANY OTHER LOSSES OR DAMAGES THAT MIGHT ARISE, AND NOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES THAT MIGHT NOT BE LIMITED UNDER APPLICABLE LAW. NO COMPENSATION WILL HOWEVER BE PAYABLE UNLESS YOUR CLAIM IS VALID AND ENFORCEABLE UNDER APPLICABLE LAW.

Acceptance

You and Company agree that all claims, and other terms with respect to the proceedings concerning any of the issues of this Agreement, and other terms and not already agreed upon by the parties will be provided by us by law and all terms are for informational purposes only.

Arbitration Agreement and Dispute Resolution

The Arbitration Agreement is a contract between you and Company. If there is any dispute or claim that arises under these Terms of Service or any actual, formal, or other claim arising out of or under these Terms, a party to this Agreement (in the case of a dispute) may not settle such dispute by any court without first exploring these terms in accordance with this arbitration agreement.

  • Initiate Dispute: The Arbitration shall be conducted according to statute to resolve disputes in the event of a material breach of contract. You will provide Company with a written demand and a reasonable explanation of your complaints, including an explicit dispute notice, will bring such claim in arbitration as described in this Agreement.
  • Arbitration Rules and Forum: If the Terms of Service refers to arbitration involving or in connection with a commercial transaction, and this agreement and arbitration policy will refer to it. The Arbitration proceedings with the relevant jurisdiction will be administered through the parties agreement or through their arbitration authority.
  • Notice of Fee or Arbitration proceedings: The Arbitration will be completed at the date of completion, and each party will be notified when the Arbitration is completed.
  • Waiver of Class or Arbitration proceedings: Each party does not consent to a waiver of class action claims, but a Party agrees to pursue any claims arising under this Agreement on a class-action basis, where each member agrees to pursue a claim if allowed.
  • Class Action Waiver: The party to whom such claim pertains, agrees to settle, or may commence such dispute claims only on a class-action basis, except as otherwise provided in this arbitration agreement.
  • Payment Terms and Costs: Provisions of this Agreement or disputes will be subject to the conditions of the applicable terms and conditions.
  • Prohibition on Class Actions and Non-Individualized Relief: An individual arbitration or group of arbitration proceedings under this Section, Class Action Claims are permitted in connection with such proceedings.

Defaults of Affiliates:

The Arbitrator shall have authority to include all claims that it deems related to resolution of material resulting arbitration proceedings, including attorneys' fees and expenses, as provided in any applicable rule or statute in the applicable jurisdiction.

  • Waiver of Jury Trial: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THESE TERMS, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THESE TERMS OR ANY TRANSACTION CONTEMPLATED IN THESE TERMS.
  • Statute of Limitations: Subject to the above, all legal proceedings relating to the Terms shall be submitted to arbitration proceedings no later than two (2) years after the date on which the relevant claim arose.
  • Exclusive Jurisdiction: You agree that you are subject to the jurisdiction of the courts of the State of Texas, for any legal proceedings and any disputes not subject to arbitration under the Agreement.

Modifications of Terms of Use

The Company reserves the right to modify these Terms at any time. Any changes to these Terms will be reflected on the Site. Your continued use of the Site after any changes have been made to these Terms means that you have agreed to be bound by such changes.

Waiver

No waiver by the Company of any of the provisions of these Terms will be deemed, or will constitute, a waiver of any other provision. A waiver of any breach will not constitute a waiver of any future breach.


6. General

6.1 Terms

The Arbitration and Disputes will be governed by the law of the governing document and these terms, and may reflect any conditions or rules that may apply to the Agreement.

6.2 Affiliate Program Terms

Please visit the following affiliate program agreement to the above link "Affiliate Agreement" – meaning a special person who is not otherwise subject to these Terms.

6.3 Compliance

In the event of any breach or violation of these terms of use, you agree that the Company will be under no liability for any damages that may arise as a result of any violation of your data.

6.4 Indemnification

(see Section 3.1 Indemnification for the specific information about this)

6.5 Arbitration Rules and Authority

See Section 5 (Arbitration Agreement and Dispute Resolution for the specific rules for the arbitration agreement)

6.6 Notice

All notices, requests, consents, claims, demands, waivers, and other communications hereunder will be in writing and addressed to the parties at the addresses set forth on the order form or to such other address that may be designated by the receiving party in writing.


7. Third-party Access to data

The MyAdScore Platform stores data according to their standards of security. Data access by third parties will only be permitted to such third parties or from whom the user provides their consent.

In the case of Customer Data, the right to access will only be granted as required by applicable law.


8. Copyright/Trademark Infringement

Copyright © 2024 IconicC, Inc. All rights reserved. All trademarks, service marks, trade names, product names and logos appearing on the Site are the property of their respective owners. Use of the services is subject to the Trademark Policy available at www.iconicc.com.


Additional Notices

  • Any reference to websites, URLs, email addresses, and general terms to third-parties for reference are the property of that company and do not represent endorsements or affiliations by Company
  • Legal process or requests for information on behalf of an individual or entity other than MyAdScore.com, please submit to info@iconicc.com
Company: IconicC, Inc.
Address: Saarlouiser Strasse 19, 80997 Muenchen, Deutschland
Phone: (737) 377-6577
E-Mail: info@iconicc.com