Terms of cooperation
Please read this User Agreement carefully (hereinafter also the Agreement or the Agreement) before using the Service. This Agreement is addressed to KADAM LLC (hereinafter also Kadam, Company, Contractor or We / Us) to persons (hereinafter also referred to as User / Users or You / You) using the KADAM Service (hereinafter also referred to as the Service), and is official public offer according to the Civil Code of the Republic of Latvia.
Using the Service, you agree to comply with all terms of the Agreement. If you do not agree with the provisions of the Agreement in whole or in part, you must immediately cease using the Service. By making any actions aimed at the use of the Service, you thereby confirm that you have read and fully accept all the terms of the Agreement.
By starting to use the Service or by completing the registration procedure, the User confirms his eligibility and acceptance of the terms of the Agreement in full, without any reservations or exceptions. In case of disagreement of the User with any of the provisions of this Agreement, the User has no right to use the Service. By continuing to use the Service after making any changes to this Agreement, the User confirms his agreement with all the provisions of this Agreement. The full and unconditional acceptance of this Agreement is the registration by the User on the Site, which is accessed using the domain name (address): http://www.kadam.net.
- 1 1. Terms:
- 2 2. Subject of the User Agreement.
- 3 3. User registration. Account.
- 4 4. Blocking and deleting an account.
- 5 5. Access to the Service
- 6 6. Requirements for traffic sources. Terms of connection. Collaboration.
- 7 7. User Content.
- 8 8. Advertising rules.
- 9 9. Ad Requirements. Advertising campaign.
- 10 10. Financial relationship. Services.
- 11 11. Sites and content of third parties.
- 12 12. Rights and obligations of the Parties
- 13 13. Copyright
- 14 14. User Responsibility
- 16 16. No warranty, limitation of liability.
- 17 17. Other provisions
Service is a hardware and software system owned by the Company that provides transmission and reception for placing information materials from the User when creating advertising announcements and accounting for the fulfillment by the Parties of mutual obligations.
Internet resource' or 'Site' is a set of tools and electronic (digital) information intended for publishing materials on the Internet and displayed in a specific text, graphic or sound form. An Internet resource has a unique e-mail address (name), which allows you to identify and access the Internet resource.
User' - an individual eligible in accordance with the laws of the Republic of Latvia, as well as the state of which he is a resident; a legal entity or an individual registered as an entrepreneur in accordance with the legislation of the country of his registration, which is registered in the manner specified by this Agreement and fully accepts all of its conditions.
Traffic Source is an information channel connected to the Service, through which the Audience navigates to the Advertiser Website.
Advertiser - a User who wishes to conduct, conducts at the moment, or has conducted an earlier advertising campaign when using the Service.
Advertising campaign is a targeted system of promotional activities planned within the framework of the Service in order to achieve the specific marketing goal of the Advertiser in a fixed period of time.
Audience is a group of visitors to the Site, which may be the intended audience of the Advertiser.
Advertising / Advertisement / Announcement / ROME - information about a person, product, service, distributed in any form and by any means and intended to form or maintain consumer awareness of advertising and their interest regarding such person, service or product which corresponds to section 11 of this Agreement, as well as the legislation of the Republic of Latvia.
User Account (Account / Personal Cabinet / Account) - stored in the Service collection of data about the User, necessary for its identification (authentication), as well as the web interface provided to the User to use the Service and provide access to his personal data and settings. The account is created as a result of the registration of the User.
Advance payment - funds deposited to pay for services prior to their execution, which are displayed on the Advertiser’s balance in his Account.
2. Subject of the User Agreement.
2.1. The Company provides the User with the opportunity to use the Service and the Site, which is accessed using the domain name (address): https://www.kadam.net. This Agreement also governs the use of tools for advertising campaigns or advertising, access to which the user receives through the means of access to the Service and are an integral part.
2.2. The Agreement may be modified by the Contractor without any special notice, the new version of the Agreement shall enter into force from the date of its posting on the Internet. The current version of the Agreement is always on the page at https://www.kadam.net/ru/rules. The user is obliged to periodically review this Agreement for its renewal and in case of disagreement with any new provisions of this Agreement, stop using the Service immediately.
2.3. The Service, as well as the services of the Contractor, are available only to persons who are competent under the laws of the Republic of Latvia, as well as the national legislation of the country of residence of such a person. If you are not eligible to enter into contracts, do not try to register or use the Service.
3. User registration. Account.
3.1. In order to use the Service, you need to go through the registration procedure, as a result of which a unique Account will be created for the User. User registration is free and voluntary.
3.2. Login to the Account, as well as use the Service can only be registered User.
3.3. When registering, the User is obliged to provide accurate and up-to-date information for the formation of an Account, including a login, email address and password, unique for each User. When registering, the User is obliged to provide reliable information for the correct relationship and cooperation with the Company. After registering an Account, the User has the opportunity to start using an alternative means of authentication to access the Account, replacing the password set by him.
3.4. Kadam has the right to prohibit the use of certain logins, as well as set requirements for the login and password (length, valid characters, etc.). The Contractor reserves the right to change the fields of the registration form and require the User to enter additional information. The user undertakes to keep the information transmitted to the Company up to date.
3.5. If the User provides incorrect information or the Company has reason to believe that the information provided by the User is incomplete or unreliable, the Contractor has the right to block or delete the User Account at his discretion and refuse the User to use the Service (or its individual functions).
3.6. The Company reserves the right at any time to require the User to confirm the data specified during registration, and to request, in connection with this, supporting documents (in particular - identity documents), the non-provision of which, at the discretion of Kadam, may be equated to the provision unreliable information and entail the consequences provided for in paragraph 3.5. Agreement. If the User data specified in the documents provided to them do not correspond to the data specified during registration, as well as in the case when the data provided during registration do not allow to identify the User, the Company has the right to refuse the User access to the Account and use of the Service.
3.8. The User is solely responsible for the security (resistance to guessing) of the means chosen by him for access to the Account, and also ensures their confidentiality on their own. The User is solely responsible for all actions (as well as their consequences) within or using the Service under the User Account, including cases of the User’s voluntary transfer of data for access to the User Account to third parties on any conditions (including under agreements or agreements) . At the same time, all actions, within or using the Service under the User’s account, are considered to be performed by the User, except for cases when the User, in accordance with paragraph 3.9., Notified the Company of unauthorized access to his Account and / or violation (suspicion of violation) of the confidentiality of their funds, access to the Account (password or means of two-factor authentication).
3.9. The User is obliged to immediately notify the Company about any unauthorized (not allowed by the User) access to the User Account and / or any violation (suspicion of violation) of the confidentiality of their funds, access to the Account. For security reasons, the User is obliged to independently perform a safe shutdown under his Account (the “Exit” button) at the end of each session of work with the Service. The Company is not responsible for the possible loss or damage of data, as well as other consequences of any nature that may occur due to the violation by the User of the provisions of this part of the Agreement.
3.10. It is forbidden to create two or more accounts. Upon detection of the fact of creating two or more Accounts of one User, at the discretion of the Company, such Accounts may be blocked or deleted.
4. Blocking and deleting an account.
4.1. Kadam has the right to block or delete the User's Account, as well as deny access to any of the Company's services or capabilities of the Service using any Account, and remove any content without giving reasons, including if the User violates the terms of the Agreement or the terms of other documents.
4.2. The User's account will be blocked if the User’s Account is inactive (no active advertising companies, no Advance payments are made, no Traffic sources are connected), more than 180 (one hundred eighty) calendar days in a row. In this case, the Account can be restored at the request of the User addressed to [mailto: firstname.lastname@example.org email@example.com].
4.3. The User has the right to terminate cooperation at any time unilaterally and delete his Account, provided that there is no debt to the Company.
4.4. Kadam has the right to terminate cooperation unilaterally and remove the Account in case the User violates the terms of the Agreement, the conditions of other documents obligatory for the User to regulate the legal relationship between the User and Kadam and this is done in the following order:
4.4.1. The account is blocked for a period of one month, during which the User’s access to the Account becomes impossible, and the content and advertising posted using such an Account can be deleted.
4.4.2. The user can apply to the Company with motivated objections and a request to unlock the Account within 30 (thirty) calendar days from the date of blocking.
4.4.3. If within the period specified in clause 4.4.2. of the term of the User’s account will be restored, access to the Account for the User will be restored, however the content posted with its help may not be subject to restoration.
4.4.4. If within 30 (thirty) calendar days from the date of blocking the Account of the User is not restored, all the content and Advertising posted with its use will be deleted, and the login will be available for use by other Users. From this moment, the recovery of the Account, any information relating to it, the return of the Advance Payment or the payment of income, as well as access to the Service using this Account - is impossible.
5. Access to the Service
5.1. Mandatory terms of access to the Service:
5.1.1. familiarization of the User with the terms of the Agreement and their adoption;
5.1.2. mandatory registration of the User with filling in all required fields, including access details: login and password.
5.1.3. the fact that the User has the technical ability to access the Internet for receiving the online service;
5.1.4. the ability of the Contractor to identify the User by the access details.
5.2. The Company has the right to set restrictions on the use of the Service for all Users, or for certain categories of Users (depending on the location of the User, the language in which the service is provided, etc.), including, but not limited to: the presence / absence of certain functions Service, content retention period, the maximum number of messages that can be sent or received by one registered User, the maximum message size, the maximum number of calls to the Service specified nd time period, maximum content retention period, special downloadable content parameters, etc. Kadam can disable automatic access to the Service, as well as stop receiving any information generated automatically (for example, spam).
5.3. Although the Company seeks to ensure that the Service is usually available 24 hours a day, the Contractor shall not be liable if for some reason the Service is unavailable at any time or during any period due to circumstances and for reasons beyond the control of Company controls.
5.4. The Company reserves the right to suspend access to the Service at any time for operational, regulatory, legal or other actions.
5.5. Access to the Service may be suspended temporarily and without warning in the event of a system failure, maintenance or repair, or for other reasons.
6. Requirements for traffic sources. Terms of connection. Collaboration.
6.1. Owners of Traffic Sources are not allowed to connect to the Sources of Traffic of the Sites whose content contains prohibited content, namely:
- propaganda of violence, incitement of ethnic conflicts; - discrimination against an individual, group or organization; - obscene language; - any copyright infringing content; - violating the current legislation. 6.2. Kadam reserves the right to request data on the source of traffic as well as to request documents confirming the legality of posting on ROME websites.
6.3. The user understands and accepts that cooperation and income may require the conclusion of separate contracts and agreements, which the Company will additionally report.
6.4. It is forbidden to cheat traffic fraudulently, which includes, but is not limited to: click on Advertising that is placed on the Site connected to the Traffic Source; artificial cheat number of impressions and / or clicks through the source of traffic; performing registrations or other useful paid actions of the owners of the Sites connected to the Traffic Source, or third parties in order to increase their income and / or income of any person.
6.5. Any modifications to the Service code and tools that are provided in connection with the use of the Service and the connection of Information Channels to the Service are prohibited.
6.6. The Company reserves the right to terminate cooperation at any time without giving reasons, including, but not limited to, due to violation of the terms of this Agreement, to receive extremely low quality traffic or if such cooperation brings zero income.
6.7. The owner of the Traffic Source undertakes to ensure that ROMEs to be posted / demonstrated (shown) on the Site (s) comply with the laws of the Republic of Latvia, as well as the host country of the Site and the state (s) of the potential audience of such an Internet resource. Cooperation may be refused without explanation.
7. User Content.
7.1. The User is solely responsible for the compliance of the content of the posted content with the requirements of the current legislation of the Republic of Latvia, the Host State of the Site and the state (s) of the potential Audience of the Site, including liability to third parties in cases where the placement of this or other content by the User violates the rights and legal interests of third parties, including personal non-property and property rights of authors, other intellectual rights of their persons, and / or encroaches on the benefits belonging to them.
7.2. The User acknowledges and agrees that the Company is not obliged to view any type of content posted and / or distributed through the Service, as well as the fact that Kadam has the right (but not the obligation) at his own discretion to refuse the User to post and / or distribute content. or delete any content that is available through the Service. The user acknowledges and agrees that he should independently assess all risks associated with the use of content, including the assessment of the reliability, completeness or usefulness of this content.
7.3. The User acknowledges and agrees that the technology of the Service may require copying (reproduction) of the User's content, as well as processing by the Contractor to meet the technical requirements of an Internet resource and / or its functions.
7.4. The User is solely liable to third parties for his actions related to the use of the Service, including if such actions would violate the rights and legitimate interests of third parties, as well as for compliance with the law when using the Service.
8. Advertising rules.
8.1. The advertiser may purchase the service for placing advertising through the Service. Advertiser's advertisements must fully comply with the terms of this Agreement.
8.2. All payments will be calculated on the basis of the Service. The Company does not approve and does not guarantee that the Advertisements posted by the User will receive any number of intended clicks / impressions / actions.
8.3. Kadam is not responsible for persons who interact with the Advertiser's Ads, and is not responsible for fraudulent clicks or other illegal actions that affect the cost of displaying Advertisements.
8.4. Any Advertising and Advertising campaign are moderated before launching through the Service. The Contractor can block and prevent any Advertising through the Service through the Service and without giving any reasons. The advertiser has the right to contact support: [mailto: firstname.lastname@example.org email@example.com], in case of disagreement with such a refusal.
8.5. At the request of the Company, the Advertiser is obliged within 48 hours to provide additional necessary information for the launch of the Advertising Campaign and / or Advertising. In case of not providing the necessary information / data, the Advertising and / or Advertising campaign may be blocked.
8.6. The advertiser may cancel the order at any time through the Service, given that it may take up to 48 hours to stop placing an Ad. The advertiser is responsible for paying for such Ads.
8.7. If the Advertiser places Advertisements on behalf of a third party, he guarantees that he is an authorized representative of the owner of advertising materials. Responsibility for the placement of such advertisements is the Advertiser. Kadam may request documents confirming the authority of the Advertiser to place Advertisements in the interests of a third party. Such documents must be provided to the Contractor within 48 hours.
8.8.1. add more than one absolutely identical Ad;
8.8.2. add more than 3 Ads with the same images;
8.8.3. create more than one advertising campaign of the same format, one subject;
8.8.4. frequent addition / removal of the same type of Advertising (materials of the same subject).
8.9. Within one Advertising Campaign it is possible to upload no more than 20 ads.
8.10. Advertisements advertising or leading to the Sites or pages of the Sites with various products / services should be in different advertising campaigns. This rule also applies to ads that advertise the same product, but carrying a different semantic character and leading to different pages of Internet resources or different Sites. In disputed matters, the decision remains with the Company.
8.11. Advertisers-owners of offers from the showcase of offers are prohibited to change the link to the advertised page of the Site and its content. If such a need arises, the Advertiser must contact the support service: [mailto: firstname.lastname@example.org email@example.com] or a personal manager.
Showcase offers offers - Service tool that allows you to view all existing offers from the owners of offers, as well as quickly create advertising campaigns based on them.
Advertising campaign model KSA or KSA-campaign - Advertising campaign in which payment for services is made for efficiencies carried out with advertising placed.
8.13. It is prohibited to transfer advertising materials between KSA campaigns.
8.14. In the case of the advertising of goods / services that are subject to mandatory licensing / certification or obtaining another permit from the state authorities of the country where the advertising materials are distributed, the Advertiser must submit such a document before launching the Advertising Campaign / Advertising Advertising by sending it to the support service by e-mail [mailto: firstname.lastname@example.org email@example.com]
8.15. Targeting by age, sex and interests of the visitor is determined by machine learning algorithms based on public data on the attendance of the Sites, therefore, the accuracy of the settings data cannot guarantee an absolutely accurate hit to the selected target Audience. Service Services are provided on an "as is" basis. The Company does not guarantee that the services will meet the goals and expectations of Users or any other persons.
8.16. The Contractor has the right at any time to refuse to use the Service without giving reasons in the event of a violation by the Advertiser of the requirements and to block the Advertising, the Advertising Campaign, and also the User's Account at its own discretion.
9. Ad Requirements. Advertising campaign.
9.1. Advertisements must comply with the requirements of the legislation of the Republic of Latvia, the host country of the Traffic Source, as well as the requirements of the legislation of the States whose residents are the target Audience of the Sites hosting the Advertisements.
9.2. Obligation to verify compliance of advertisements with the requirements of clause 9.1. lies on the advertiser and the traffic source. The company is not obliged to verify compliance of advertisements with legal requirements, and is not responsible for any violations.
9.3. The Contractor reserves the right to determine the format in which Advertisements can be downloaded, and the allowable size of files that can be downloaded. If the file size exceeds the allowable size or the file format does not match the technical capabilities of the Service, the Advertiser will not be able to download such files.
9.4. It is not allowed to indicate contact information in the advertisement (telephone numbers, contact information for messaging services or ip-telephony, website addresses, QR codes, barcodes) in the text, title and image.
9.5. The text and title of the advertisement must comply with the rules of spelling of words with a capital letter. Writing completely in capital letters is allowed only for common or well-known abbreviations.
9.6. The text and title of the advertisement must comply with the norms and rules of the literary language in which the advertisement is published.
9.7. The content of the advertisement must correspond to the content of the page to which the advertising link leads.
9.8.1. use of images with a high frame rate / color ("aggressive" animation), images that do not correspond to the size of the area for placing an ad on the Site (with empty areas);
9.8.2. images containing candid scenes of violence, disfigured bodies, injuries, death, illness, images that cause disgust, unaesthetic images;
9.8.3. the use of texts and images with an erotic bias (ambiguous meaning). Such Ads may only be admissible in the Advertising Campaign, in which it is noted that it contains adult content;
9.8.4. the use of sound effects in advertisements;
9.8.5. use of Ads that mislead the user, for example, who claim / promise that the visitor of the Site has become or will become the winner of the action / draw in the future, etc. (in disputable matters, the decision remains with the Company);
9.8.6. in the text and image of the Announcement to call the visitor to action (to motivate the visitor);
9.8.7. using Ads that mimic the interface of any applications, system notifications, software, etc. (including imitation of buttons, for example, "close", "download"), which may mislead the visitor;
9.8.8. use of landing pages, for closing of which the visitor needs to confirm the action more than once;
9.8.9. change of the hyperlink to the advertised Site or the contents of the advertised Site page (using a redirect, iframe) after passing moderation;
9.8.10. advertising of active advertising systems, BUX clubs, etc.
9.9. It is forbidden, and also entails the responsibility of the User in the form of writing off his balance in full:
9.9.1. advertising of Sites that force a visitor to fraudulently pay for any services, Internet resources that pursue the goal of receiving paid SMS from visitors (MT subscriptions), as well as Sites containing malicious software;
9.9.2. advertising of Internet resources, the purpose of which is to deceive visitors, for example: offering file downloads, browser updates, pseudo anti-virus programs offering "prizes" from well-known Internet resources and other fakes of the Sites.
9.10. In Advertising is prohibited:
9.10.1. express discrimination against a person on the basis of his race, color, sex, age, religious, political or other beliefs, on the basis of national or social origin, property status or other circumstances;
9.10.2. use influences resulting from fear or superstition;
9.10.3. maliciously use the trust of the person and the insufficiency of his experience or knowledge;
9.10.4. portray, use or otherwise mention the individual (as a private person or as an official) or his property without the consent of the person;
9.10.5. denigrate, censure or ridicule another person, his activity, name (firm), goods or services, trademarks;
9.10.6. use the name, surname, name (company) or other identification mark (including trademark) of another entrepreneur without the consent of the entrepreneur;
9.10.7. reproduce the text, slogan, visual image, sound and other special effects of another advertiser’s advertisements without his consent or carry out activities of a different type that may cause ambiguities or mislead about the advertiser, advertised goods or services;
9.10.8. offer hazardous goods and services (which may be harmful to health and cause material or other damage), including but not limited to: drugs of chemical or plant origin, psychotropic substances, devices for drug use, weapons and ammunition, explosives and pyrotechnics, instructions for making explosives or other hazardous devices and materials, tobacco products.
9.11. The user understands that, in accordance with the requirements of the law, when placing certain categories of advertising it is necessary to take into account a number of requirements. Such Advertising may not be allowed to be placed at the discretion of the Company. Advertising with restrictions on viewing include, but not limited to, the following categories:
• Content is for adults only. (For example: strip clubs; sex toys; magazines for adults; goods to increase sexual activity, etc.).
• Alcoholic beverages.
• Political materials.
• Health and Pharmaceuticals.
• Financial Services.
10. Financial relationship. Services.
10.1. To pay for the Company's services, the Advertiser makes an Advance Payment, which is displayed on the Personal Account in his Account. Advance payment can be made using payment methods that are available in the Account.
10.2. By accepting the terms of this Agreement, the User warrants that any of its financial assets used to pay for Kadam services are of legal origin, and their source of origin does not contradict the Law of the Republic of Latvia “On the elimination of legalization of proceeds from crime and financing of terrorism” dated July 30, 2008. .
10.3. The advertiser may enter into a written contract for the Company by requesting the contract by e-mail [mailto: firstname.lastname@example.org email@example.com]. In such a case, such a contract shall prevail over this Agreement.
10.4. The advance payment gradually goes to pay for the Company's services, which is displayed in the Account as a debit from the Advertiser’s Personal account as it goes through its Advertisements or conversion. The cost of placement can be changed by the Company by changing the minimum bid per click / impression / other conversion.
10.5. The amount of funds debited depends on the rate set individually by each Advertiser for each Advertising campaign / Advertising.
10.6. The Advance Payment is returned in full or in part as follows:
10.6.1. Refunds are possible only on the basis of a written reasoned statement from the Advertiser sent by e-mail [mailto: firstname.lastname@example.org email@example.com], with providing reasoned comments on the quality of the Services rendered and after all the supporting documents requested by the Service Administration have been provided. Refunds are made using the same payment method with which the Advance Payment was paid.
10.6.2. If the Advertiser has made an Advance payment under the Contract on the basis of a payment invoice, a refund is possible after the Contractor receives all the necessary details of the Advertiser to make such a return.
10.6.3. The Contractor is not obliged to refund money unless the Advertiser provides reasoned comments on the quality of the services rendered.
10.7. In the event that the Advertiser’s conversion notifications are configured incorrectly, incorrect conversions are paid for by the Advertiser in full and are non-refundable.
10.8. When making an Advance payment, as well as when returning money to a current account / payment card, the commission of the bank of the Advertiser and the bank that serves the Company, as well as the commission of the correspondent bank is paid by the Advertiser.
10.9. The Company strives to comply with the established limits of automatic debiting of funds from the Advertiser’s balance, while their excess is permissible. Indicators of exceeding the limits depend on the settings of the Advertising campaign and the established cost of click / display / conversion. In case of exceeding the established limit for the Advertising Campaign, clicks / impressions / conversions received after such an excess are payable by the Advertiser in a general manner.
10.10. The amount of funds spent on advertising campaigns may exceed the amount of funds on the User’s balance sheet as a result of delayed traffic due to the characteristics of certain traffic sources and mobile devices. In case of excess of the amount of funds spent on the Advertising Campaign in comparison with the amount of funds on the User’s balance sheet, clicks / impressions / conversions received after such an excess are payable by the Advertiser.
10.11. Service acceptance documents are provided to the Advertiser upon his request, which is sent by email to the responsible manager or to [mailto: firstname.lastname@example.org email@example.com].
10.12. Services are considered as provided by the Contractor and accepted by the Advertiser properly, if the Advertiser did not present within 14 (fourteen) days from the moment of payment of a reasoned written comment on the quality of the services provided by e-mail [mailto: firstname.lastname@example.org support @ kadam. net]. All remarks (requirements) sent after the expiration of the aforementioned period are not subject to review by the Company.
11. Sites and content of third parties.
11.1. The service may contain hyperlinks to other sites on the Internet (third party sites). The specified third parties and their content are not checked by the Company for compliance with any requirements (accuracy, completeness, legality, etc.). Kadam is not responsible for any information, materials posted on the Sites of third parties to which the User gets access using the Service, including any opinions or statements expressed on the Sites of third parties, advertising, etc., as well as for the availability of such Sites or content and the consequences of their use by the User.
11.2. The hyperlink (in any form) to any Site, product, service, any information of a commercial or non-commercial nature, placed on the Service, does not constitute an endorsement or recommendation of these products (services, activities) by Kadam, unless specifically indicated in the Service.
12. Rights and obligations of the Parties
12.1. The performer has the right to:
12.1.1. make changes and / or additions to the terms of this Agreement and any additional terms to it unilaterally without any special notice to Users about making such changes and / or additions, but with the posting of a new edition in the Service and notification of changes / additions with the terms of the Agreement on the main page;
12.1.2. close or suspend the operation of the Service or any part of it, change the Service in whole or in part without prior notice to the User, make changes to the information provided by the Contractor located in the Service;
12.1.3. carry out maintenance work to maintain performance and improve the Service;
12.1.4. set and / or unilaterally change the price of services at its discretion by publishing a new price in the Service;
12.1.5. change the list or terminate the provision of services;
12.1.6. collect and systematize data for maintaining statistics;
12.1.7. send e-mails to the User’s email and / or SMS messages containing information about the Service, the Contractor’s services or advertising information, and the like;
12.1.8. use User ads and related content and information for their own marketing or advertising purposes;
12.1.9. write off the Advertiser’s Advance Payment as a sanction for violation of this Agreement in cases specified in the Agreement;
12.1.10. limit the rate of spending of the budget of advertising campaigns, if the amount on the balance of the User is less than 500 rubles, in order to minimize the possibility of leaving the balance of the User in minus.
12.2. The Contractor has the right to send the User a warning, restrict, suspend access to the Account, restrict or deny access to the Service, as well as take technical and legal measures to prevent the user from using the Service in the event of:
12.2.1. obtaining binding decisions of the regulatory authorities of the Republic of Latvia;
12.2.2. revealing the fact of violation by the User of the provisions of this Agreement and / or the requirements of the current legislation of the Republic of Latvia.
12.2.3. the performance by the User of actions that entailed or may cause damage to the Contractor’s business reputation;
12.2.4. under terms of section 4 of this Agreement.
12.3. User has the right to:
12.3.1. to submit for consideration by the Contractor its wishes and / or suggestions for improving the work of the Service;
12.3.2. receive information about the Contractor in the amount determined by the Agreement and the laws of the Republic of Latvia in force;
12.3.3. contact the Support Service if necessary, as well as in cases expressly provided for by this Agreement;
12.3.4. receive services and use the Service under the terms of the Agreement.
12.4. User is not allowed to:
12.4.1. upload, send, transmit or in any other way post and / or distribute content that is illegal, harmful, slanderous, offends morality, demonstrates (or is propaganda) violence and cruelty, violates intellectual property rights, promotes hate and / or discrimination against people racial, ethnic, sexual, religious, social characteristics, contains insults to any person or organization, contains elements (or is propaganda) of pornography, children eroticism, is advertising (or is propaganda) of services of a sexual nature (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;
12.4.2. violate the rights of third parties, including minors, and / or harm them in any form;
12.4.3. impersonate another person or representative of an organization and / or community without sufficient rights, including Kadam employees, forum moderators, the owner of the Site, as well as use any other forms and methods of illegal representation of others on the network, as well as mislead Users or Kadam regarding the properties and characteristics of any subjects or objects;
12.4.4. upload, send, transmit, or in any other way post and / or distribute content in the absence of rights to such actions in accordance with the law or any contractual relationship;
12.4.5. upload, send, transmit, or in any other way post and / or distribute advertising information without legal grounds, spam (including search), lists of other people's email addresses, pyramid schemes, multilevel (network) marketing (MLM), and use the Service to participate in these events, or use the Service, solely to redirect users to pages of other domains;
12.4.6. upload, send, transmit, or in any other way post and / or distribute any materials containing viruses or other computer codes, files or programs designed to violate, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access as well as serial numbers for commercial software products and programs for their generation, logins, passwords and other means for unauthorized receipt of access to sites on the Internet, as well as linking to the above information;
12.4.7. unauthorized collection and storage of personal data of other persons;
12.4.8. disrupt the normal operation of the Service;
12.4.9. promote actions aimed at violating the restrictions and prohibitions imposed by this Agreement;
12.4.10. make public statements about the relationship of the User with Kadam without the prior written permission of the Company;
12.4.11. otherwise violate the law, including international law.
12.5. The owner of the Traffic Source is obliged to check the Advertising displayed on the Sites connected to it for compliance with the laws of the country whose residents are the target Audience of the Sites and reject the Advertising that contradicts the requirements of such legislation.
13.1. The User acknowledges and agrees that the Service, its content and software are protected by copyright, trademarks, licenses, intellectual property laws and any applicable laws of the Republic of Latvia, laws of other countries and / or international law.
13.2. Kadam gives the User a personal, non-assignable, non-exclusive license to use the software provided to him by the Company as part of the Service. The User may not (and may not allow anyone else) to copy, modify, create derivative works, open the technology, decompile, or otherwise attempt to extract the source code of the Software or any part thereof. The User agrees that he does not reproduce, does not duplicate, does not copy, does not sell, does not exchange or resells the software provided to him as part of the Service for any purpose, and will not modify the Service for any purpose.
13.3. Unless the User has agreed otherwise in writing with the Company, the User may not use Kadam's intellectual property items (for example, logos, brand names, trademarks and other trademarks, Site content https://www.kadam.net, etc.) d.).
13.4. All objects accessible through the Service, including design elements, text, graphic images, illustrations, video, computer programs, databases, music, sounds and other objects (hereinafter referred to as the content of the Service), as well as any content posted on The service is subject to the exclusive rights of the Company, and in some cases Users and other rightholders.
14. User Responsibility
14.1. In the event that the Company discovers the fact of fraud, or other violation of this Agreement, as well as the implementation of fraudulent actions aimed at deceiving the Company to increase earnings by means of the Service, the Company has the right, at its own discretion, to block the Advertising Campaign / Advertising and / or User Account without warning . Blocking and subsequent deletion of the Account is carried out in accordance with clause 4.4. Of the contract. Users lose the right to refund an advance payment. The Company has the right to debit funds from the User’s Personal Account as a one-time penalty for violation of the terms of this Agreement. The withdrawal of funds is carried out immediately after blocking the account. Claims and objections of the User can be sent to Kadam by e-mail [mailto: email@example.com firstname.lastname@example.org] within 30 (thirty) calendar days from the moment of blocking of the Account and / or Advertising campaign / Advertising.
14.2. If you detect any attempts at fraud or suspicion of fraudulent transactions while working with the Site https://www.kadam.net, which are related to the online making of Advance funds by the Advertiser, the Company reserves the right to block the Advertiser Account at any time and request the Advertiser’s documents required to clarify the circumstances. If a fraud is established, Kadam has the right to debit funds from the Advertiser’s Personal account in favor of the Service as a one-time penalty and reports such fraud to law enforcement agencies, banking institutions and other organizations interested in preventing fraud.
14.3. The Advertiser is solely responsible in the event of placing an Advertising that is contrary to the legislation of the Republic of Latvia or the legislation of the country of residence of the target Audience of the Site where such Advertising is located.
14.4. The owner of the Traffic Source is solely responsible if advertising is placed on the Website connected to it, which violates relevant legislation.
15.1. You agree not to disclose Company confidential information without Kadam’s prior written consent. Kadam's confidential information includes, but is not limited to:
- all software Kadam, technologies, programs, specifications, materials, instructions and documentation; - clickability or other statistics of the Service and this Agreement; - any other information in writing, which is marked by the Company "Confidential" or similar.
16. No warranty, limitation of liability.
16.1. The user uses the Service at his own risk. The service is provided "as is". Kadam does not assume any responsibility, including for the compliance of the Service with the objectives of the User.
16.2. The Company does not guarantee that: the Service meets / will meet the requirements of the User; Service will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the Service will be accurate and reliable and can be used for any purpose or in any capacity (for example, to establish and / or confirm any facts); the quality of any product, service, information, etc., obtained using the Service, will meet the expectations of the User.
16.3. Any information and / or materials (including downloadable software, letters, any instructions and guidelines for action, etc.) that the User gains access to using the Service, the User may use at his own peril and risk and independently is responsible for the possible consequences of the use of the specified information and / or materials, including for the damage it may cause to the User’s computer or to third parties, for data loss or any other harm.
16.4. Kadam is not liable for any damages resulting from the use of the Service by the User or certain parts / functions.
16.5. The company cannot control and does not control the compliance of the user with the provisions of clause 10.2. Of the Agreement and shall not be liable in the event of a violation by the User of the Law of the Republic of Latvia “On the elimination of the legalization of proceeds from crime and financing of terrorism” dated July 30, 2008
17. Other provisions
17.1. This Agreement is governed by and interpreted in accordance with the laws of the Republic of Latvia. Issues not regulated by this Agreement shall be settled in accordance with the laws of the Republic of Latvia. All possible disputes arising from relations governed by this Agreement shall be resolved in the manner prescribed by the laws of the Republic of Latvia in force. Everywhere in the text of this Agreement, unless explicitly stated otherwise, the term “legislation” means both the legislation of the Republic of Latvia and the legislation of the location of the User.
17.2. Nothing in the Agreement can be understood as the establishment between the User and Kadam agency relations, partnership relations, joint venture relations, personal employment relations, or some other relationship not expressly provided for by the Agreement.
17.3. If for one reason or another one or more of the provisions of this Agreement will be declared invalid or unenforceable, this will not affect the validity or applicability of the remaining provisions of the Agreement.
17.4. The user can receive information on previously existing promotions and affiliate programs, of which he has been or continues to be by contacting the Support Service at [mailto: email@example.com firstname.lastname@example.org].
17.5. Inaction on the part of the Company in the event of a violation does not deprive Kadam of the right to take appropriate actions in defense of his interests later, nor does it mean the Company's abandonment of its rights in the event of subsequent similar or similar violations.
17.6. This Agreement is made in Russian and in some cases may be provided to the User for review in another language. In case of discrepancy between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version of this Agreement shall apply.
17.7. This Agreement does not require bilateral signing and is valid for the Parties in electronic form.