Please read this User Agreement (hereinafter the Contract or the Agreement) carefully before using the Service. This Agreement is addressed to persons (hereinafter also the User/Users or You) of KADAM Ltd. (hereinafter also Kadam, Company, Executor or We), which use the KADAM Service (hereinafter also the Service), and is an official public offer under 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 fully or partially agree to the Agreement, you must immediately stop using the Service. You confirm that you are acquainted and fully accept all the terms of the Agreement, committing any actions that mean the use of the Service.
After starting to use the Service or registering, the User confirms its competence and full acceptance of the terms of the Agreement, without any reservations or exceptions. In the case of User disagreement with any of the terms of the Agreement, the User is not entitled to use the Service. Continuing to use the Service after making any changes to this Agreement, the User confirms his agreement with all the terms of this Agreement. Full and unconditional acceptance of this Agreement is the User's implementation of registration on the Site, which access is carried out using the domain name (address): www.kadam.net.
- 1 1. Terminology:
- 2 2. The Subject of the User Agreement.
- 3 3. User Registration. Account.
- 4 4. Blocking and deleting the Account.
- 5 5. Access to the Service
- 6 6. Traffic Sources Requirements. Terms of connection. Cooperation.
- 7 7. User Content.
- 8 8. Rules of Advertising.
- 9 9. Advertising requirements. Advertising campaign.
- 10 10. Financial relationships. Services.
- 11 11. Sites and third-party content.
- 12 12. Rights and obligations of the Parties
- 13 13. Copyrights
- 14 14. The responsibility of the User
- 16 16. Lack of guarantees, limitation of liability.
- 17 Other terms
«Service» is a software and hardware complex owned by the Company, which provides transmission and reception for posting of information materials from the User during creating advertising announcements and recording the fulfillment of the mutual obligations by the Parties.
«Internet resource» or "Site" is the collection of tools and electronic (digital) information designed for the publication of materials on the Internet and displayed in the specific text, graphics or audio form. The Internet resource has a unique electronic address (name), which allows you to identify and access the Internet resource.
«User»is an individual who is competent in accordance with the current legislation of the Republic of Latvia, as well as the state, which he is a resident of; a legal entity or an individual registered as an entrepreneur in accordance with the legislation of the country of its registration, which is registered in the conditions specified by this Contract and fully accepts all of its terms.
«Traffic source» is the information channel connected to the Service, which the Audience moves through to the Advertiser's Site.
«Advertiser» is the User who wishes to conduct, conducts at the moment, or has conducted an advertising campaign when using the Service.
«Advertising Campaign» is a purposeful system of advertising events planned within the framework of the Service in order to achieve the specific marketing goal of the Advertiser, in a specified period of time.
«Audience» is a group of visitors of the Site, which may be an Advertiser’s alleged target audience
«Advertising/Advertisement» is information about a person, product, service, distributed in any form and in any way, and intended to generate or maintain awareness of the consumers and their interest in such a person, product or service, which corresponds to section 11 of this Agreement, as well as to the legislation of the Republic of Latvia.
«User Account (Account/Personal Cabinet)» is a set of data about the User stored in the Service, which is necessary for its identification, as well as the web interface provided to the User for using the Service and providing access to his personal data and settings. The account is created as a result of the User registration.
«Advance payment» is the funds deposited to pay for services before they are executed, which are displayed on the Advertiser’s Account balance.
2. The Subject of the User Agreement.
2.1. The Company provides the User with the opportunity to use the Service and the Site, which access is carried out using the domain name (address): https://www.kadam.net/. This Agreement also regulates the use of tools for conducting Advertising campaigns or placing Advertisements. The User receives the access through the entrance to the Service and is its integral part.
2.2. The Agreement can be changed by the Executor without any special notification; the new version of the Agreement comes into force from the moment of its posting on the Internet. The current version of the Contract is always on the https://www.kadam.net/ru/rules page. The User is obliged to periodically review this Agreement for its update and in case of disagreement with any new terms of this Agreement, stop using the Service immediately.
2.3. The Service, as well as the Executor’s services, is available only to individuals who are eligible according to the legislation of the Republic of Latvia, and also the national legislation of the country of individual’s residence. If you are not eligible for contracting, do not attempt to register or use the Service.
3. User Registration. Account.
3.1. In order to use the Service, you need to complete the registration procedure, which automatically creates a unique Account. User registration is free and voluntary.
3.2. Only the registered User can log in to the Account, and also use the Service.
3.3. The User is obliged to provide accurate and up-to-date information at the moment of the registration for the formation of the Account, including unique login, e-mail address, the password for each User. The User is obliged to provide reliable information at the moment of the registration for the correct relationship and cooperation with the Company. After registering the Account, the User has the opportunity to start using an alternative authentication tool to access the Account, replacing the password.
3.4. Kadam has the right to disallow the use of certain logins, as well as set the requirements for login and password (length, allowed characters, etc.). The Executor reserves the right to change the fields of the registration form and require the User to enter additional information. The User is obliged to maintain the information given to the Company in an up-to-date condition.
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 Executor has the right, at its discretion, to block or delete the User Account and refuse to the User to use the Service (or some of its functions).
3.6. The Company reserves the right to require the User to confirm the data specified during registration at any time and request, in this regard, supporting documents (identity documents). The refusal to provide them, at the discretion of Kadam, can be equated with the provision of unreliable information and entail the consequences described in 3.5. of the Agreement. In the case that the User's data specified in the submitted documents do not correspond to the data specified at registration, as well as in the case when the data specified at registration do not allow identifying the User, The Company has the right to deny the User access to the Account and to the Service.
3.8. The User is responsible for the security (resistance to guessing) of the means for accessing the Account chosen by him on the User's own, as well as for preserving their confidentiality. The User is independently responsible for all actions (and their consequences) within the framework of using the Service under the User Account, including cases of voluntary transfer of data for access to the User Account to third parties by the User on any terms (including contracts or agreements). In this case, all actions, within the framework of using the Service under the User Account, are considered to be made by the User himself. The exception is when the User notified the Company of unauthorized access to his Account and/or any violation (suspicion of violation) of the confidentiality of his funds, access to the Account (password or means of two-factor authentication) within the framework of paragraph 3.9.
3.9. The User must immediately notify the Company of any case of unauthorized (not authorized by the User) access to the User Account and/or any violation (suspicion of violation) of the confidentiality of its funds, access to the Account. For security, the User must independently perform a secure shutdown of his/her Account (the "Exit" button) at the end of each session of the Service. The company is not liable for possible data loss or damage, as well as other consequences that may occur due to a violation of the terms of this part of the Agreement by the User.
3.10. It is forbidden to create two or more Accounts. If there is a fact of creating two or more Accounts of the same User, it’s at the discretion of the Company to block or delete the Accounts.
4. Blocking and deleting the Account.
4.1. Kadam has the right to block or delete the Account of the User, and also to disallow the access of any Account for certain services of the Company or the Service's capabilities, and remove any content without explaining the reasons, including if the User violates the terms of the Agreement or the terms of other documents.
4.2. The User account will be blocked if the Account of the Service User is inactive (no active advertising companies, no Advance payments, no connected Traffic Sources), more than 180 (one hundred and eighty) calendar days in a row. At the same time, the Account can be restored in case of request of the User addressed to firstname.lastname@example.org.
4.3. The User has the right to one-sidedly terminate cooperation at any time and delete his/her Account, in the case of absence of debts to the Company. 4.4. Kadam has the right to terminate cooperation unilaterally and remove the Account in the event of violation of the terms of the Agreement and the terms of other documents, regulating legal relations between the User and Kadam. This is done in the following order:
4.4.1. The account is blocked for one month, during which the User's access to the Account becomes impossible, at the same time, the content and advertising placed through such Account can be deleted.
4.4.2. The User can apply to the Company with reasoned objections and request to unblock the Account within 30 (thirty) calendar days from the date of blocking.
4.4.3. If the Account is restored within the period specified in 4.4.2., the Account will be restored for the User, but the content placed with it may not be recovered.
4.4.4. If the User Account will not be restored within 30 (thirty) calendar days from the date of blocking, all content and Advertising posted with it will be deleted, and the login will be available for use by other Users. From that moment, the restoration of the Account, any information related to it, the return of the Advance payment or the payment of income and access to the Service using this Account are impossible.
5. Access to the Service
5.1. Obligatory conditions of access to the Service:
5.1.1. an acquaintance of the User with the terms of the Agreement and their acceptance;
5.1.2. mandatory registration of the User with the completion of all mandatory fields, including the requisites of access: login and password;
5.1.3. the technical ability of the User to access the Internet to obtain an online service;
5.1.4. a possibility of identification on the access requisites of the User by the Executor.
5.2. The Company has the right to establish 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 which the service is provided in, etc.), including but not limited with: the presence/absence of certain Service functions, the content storage 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 for a specified period of time, the maximum content storage period, special parameters of the downloaded content, etc. Kadam can disallow the automatic access to the Service, as well as stop receiving any information generated automatically (for example, spam).
5.3. Although the Company wants to ensure that the Service is available 24/7, the Executor is not liable if the Service is unavailable at any time or for any period due to circumstances and for reasons beyond the control of the Company.
5.4. The Company reserves the right to stop access to the Service at any time to perform operational, regulatory, legal or other actions.
5.5. The access to the Service can be temporarily stopped without any warnings in the event of system failure, maintenance, repair, or for other reasons.
6. Traffic Sources Requirements. Terms of connection. Cooperation.
6.1. The owners of Traffic Sources are disallowed connecting to Traffic Sources of Sites with prohibited content like:
- promotion of violence and inter-ethnic conflicts; - discrimination of a person, group or organization; - obscene language; - any content that violates copyrights; - violation of current legislation. 6.2. Kadam reserves the right to request data on the source of traffic and also to request documents confirming the legitimacy of the Advertising posting on the websites.
6.3. The User understands and accepts that it may be necessary to conclude separate agreements for the cooperation and income generation. The Company will inform additionally about this.
6.4. It is disallowed increasing traffic by cheating, which includes, but is not limited to: repeated clicks on the Advertising, which is placed on the Site connected to the Traffic Source; artificial increase in the number of impressions and/or clicks through the Source of traffic; registrations or other beneficial paid actions by the owners of 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 of the Service code and tools that are provided using the Service and the connection of the Information channels to the Service are prohibited.
6.6. The Company reserves the right to terminate its cooperation at any time without explanation, including but not limited with, in the event of a breach of this Agreement, receiving traffic of extremely poor quality or if such cooperation brings a zero income.
6.7. The Traffic Source owner undertakes to ensure that the Advertisements displayed on the Site(s) are in accordance with the legislation of the Republic of Latvia, as well as the hosting countries and the state(s) of the residence of the potential Audience of the Internet resource. Cooperation can be refused without explanation.
7. User Content.
7.1. The User is independently responsible for the compliance of the posted content with the requirements of the current legislation of the Republic of Latvia, the hosting country of the Site and the states(s) of the residence of the potential Audience of the Site, including liability to third parties in cases when the posting by the User of any content violates the rights and legitimate interests of third parties, including personal non-property and property rights of authors, other intellectual rights of third parties, and/or encroach on their belongings.
7.2. The User understands and agrees that the Company is not required to view any type of content that is placed and/or distributed through the Service and that Kadam has the right (but not the obligation) to refuse, at its discretion, the User to post and/or distribute the content or delete any content, which is available through the Service. The user is aware and agrees that he must independently evaluate all risks associated with the use of content, including an evaluation of the reliability, completeness or usefulness of this content.
7.3. The User understands and agrees that the technology of the Service operation may require copying (reproduction) of User content, as well as conversing by the Executor to meet the technical requirements of an Internet resource and/or its functions.
7.4. The User is independently liable to third parties for his actions related to the use of the Service, including if such actions result in a violation of the rights and legitimate interests of third parties, as well as to compliance with the law using the Service.
8. Rules of Advertising.
8.1. The Advertiser can buy the placement of the Advertisement through the Service. Advertisements of the Advertiser 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 targeted clicks/impressions/actions.
8.3. Kadam is not responsible for persons who interact with Advertiser’s Advertisements 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 is moderated by the Service before launching. The Executor may block and not allow any Advertising to be shown with the Service at its own discretion and without explaining any reasons. The Advertiser has the right to contact support: email@example.com, in case of disagreement with a refusal.
8.5. At the request of the Company, the Advertiser is obligated to provide additional necessary information for launching the Advertising Campaign and/or Advertising within 48 hours. In the case of not providing the necessary information/data, Advertising and/or Advertising campaign can be blocked.
8.6. The advertiser can cancel the order at any time via the Service, given the fact that the termination of the advertisement can take up to 48 hours. The advertiser is responsible for paying for such Advertisings.
8.7. If the Advertiser places Advertisements on behalf of a third party, he guarantees that he is an authorized representative of the promotional materials owner. The responsibility for the placement of such Advertisements shall be borne by the Advertiser. Kadam may request the documents confirming the Advertiser's authority to advertise in the interests of a third party. Such documents must be provided to the Executor within 48 hours.
8.8. It is forbidden to:
8.8.1. add more than one absolutely identical Advertising;
8.8.2. add more than 3 Advertisings with the same images;
8.8.3. create more than one advertising campaign of one format, one topic;
8.8.4. frequent addition/removal of the same type of Advertising (materials of the same topic).
8.9. It is possible to load no more than 20 announcements as part of the same campaign.
8.10. Advertisings that promote or send to Sites or pages of Sites with different goods/services must be in different Advertising campaigns. This rule also applies to Advertisings of the same product that have a different semantic nature and lead to different pages of Internet resources or different Sites. The company solves disputes.
8.11. Advertiser-owners of offers in the showcase are disallowed changing the link to the advertised page of the Site and its content. If such a situation arises, the Advertiser should contact the support service: firstname.lastname@example.org or a personal manager.
The showcase of offers is the Service tool that allows you to view all existing offers of the other owners, and also quickly create Advertising campaigns based on them.
KSA advertising campaign or KSA campaign is the advertising campaign which takes the payment for services that are made for useful actions conducted with the posted Advertising.
8.13. It is disallowed for transferring advertising materials between KSA-campaigns.
8.14. In the case of the distribution of the Advertising of goods/services that are needed to be licensed/certified or have another permit from the state authorities of the country where the advertising materials are distributed, the Advertiser must provide such a document to the support service via e-mail email@example.com before the start of the Advertising Campaign / Advertising displaying.
. 8.15. The targeting by age, gender and visitor interests is determined by algorithms with automatic training based on public data about the visited Sites; therefore, the accuracy of these settings cannot guarantee an absolutely direct hit in the selected target Audience. Services are provided on the "as it is" basis. The Company does not guarantee that the services will meet the purposes and expectations of Users or any other persons.
8.16. The Executor has the right to refuse to use the Service at any time without explaining the reasons in case the Advertiser violates the requirements and block the Advertising, the Advertising Campaign, and the User Account at its own discretion.
9. Advertising requirements. Advertising campaign.
9.1. Advertisements must comply with the requirements of the legislation of the Republic of Latvia, the hosting State of the Traffic Source, as well as the requirements of the legislation of the states where the Audience of the Site, with the Advertisements, is located.
9.2. The obligation to verify the compliance of advertisements with the requirements of 9.1. lies on the Advertiser and the Traffic Source. The company is not obligated to verify compliance of advertisements with the requirements of the law and is not responsible for any violations.
9.3. The Executor reserves the right to determine the format which the Advertising can be downloaded in and the permissible size of the 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 disallowed indicating contact information (phones, contact information of messaging services or IP of telephones, website addresses, QR codes, barcodes) in the text, title, and image of Advertising announcement.
9.5. The text and title of the Advertising should comply with the spelling of words rules and begin with a capital letter. Inscriptions with all capital letters are allowed only for generally accepted or well-known abbreviations.
9.6. The text and title of the Advertisement should correspond to the norms and rules of the literary language which the Advertisement is published in.
9.7. The content of the Advertising must match the content of the page, which the advertising link leads to.
9.8. It is forbidden to:
9.8.1. use images with a high rate of frames/colors change ("aggressive" animation), images that do not correspond to the size of the area of Advertisement placing on the Site (with empty areas);
9.8.2. use images containing scenes of violence, uglified bodies, injuries, death, diseases, disgusting images, unaesthetic images;
9.8.3. use texts and images with an erotic allusion (double meaning). Such Advertisements may only be permitted as the Advertising Campaign, which states that it contains adult content;
9.8.4. use sound effects in Advertisements;
9.8.5. use Advertisements that mislead the user, for example, which claim/promise that the visitor of the Site has become or will become, in the future, a winner of a promotion/competition, etc. (the Company controversial disputes);
9.8.6. use text and images of Advertisements that encourage the visitor to act (motivate the visitor);
9.8.7. use Advertising announcements that simulate the interface of any apps, systems of notification, software, etc. (including the imitation of buttons, for example, "close", "download"), which can mislead the visitor;
9.8.8. use landing pages, which make the visitor to confirm the action more than once for closing;
9.8.9. change the hyperlink to the advertised Site or the content of the advertised page of the Site (using a redirect, iframe) after the moderation;
9.8.10. advertise systems of active advertising, BUX-clubs, etc.
9.9. It is forbidden, and also leads to the responsibility of the User in the form of a fine of his balance:
9.9.1. to advertise Sites that force the visitor to fraudulently pay for any services, Internet resources that receive a fee for SMS from visitors (as a subscription), and Sites containing malicious software;
9.9.2. to advertise Internet resources whose purpose is to deceive visitors, for example: offering downloads of files, updating the browser, services of non-genuine antivirus programs, offering "gifts" from known Internet resources and other fakes Sites.
9.10. It is forbidden for the Advertising:
9.10.1. to discriminate the person on the basis of race, color, sex, age, religious, political or other opinions of national or social origin, property status or other circumstances;
9.10.2. to use influence arising as a result of fear or superstition;
9.10.3. to misuse the trust of a person and the lack of his experience or knowledge;
9.10.4. to depict, use or mention a person (as an individual or an official) or his property in any form without the permission of that person;
9.10.5. to desecrate, blame or ridicule another person, his activities, name (firm), goods or services, trademarks;
9.10.6. to use the name, surname, company name or other identification mark (including the trademark) of another entrepreneur without the permission of the entrepreneur;
9.10.7.to use text, slogan, visual image, sound and other special effects of another advertiser’s advertising without his permission, or to perform the activities of the kind, which can cause confusion or misunderstanding regarding the advertiser, the advertised goods or services;
9.10.8. to offer dangerous goods and services (which may cause damage to health and cause material or other damages) including, but not limited with: chemical or organic drugs, psychotropic substances, devices for drug usage, weapons and ammunition, explosives and pyrotechnics, instructions of the manufacture of explosives or other dangerous devices and materials, tobacco products.
9.11. The User understands that in accordance with the requirements of the law, it is necessary to take into account a number of requirements when placing certain categories of advertising. Such Advertising may not be permitted to be placed at the discretion of the Company. The Advertising with restrictions on viewing includes, but not limited to, the following categories:
• Content only for adults. (For example strip clubs, sex toys, magazines for adults, products to increase sexual activity, etc.). • Alcoholic beverages. • Gambling. • Political materials. • Healthcare and Pharmaceuticals. • Financial services.
10. Financial relationships. Services.
10.1. The Advertiser makes an Advance payment, which is displayed on the Personal account, for payment of the Company's services. Advance payment can be made using payment methods that are available in the Account.
10.2. Acceptance of the terms of this Agreement means that the User guarantees that any of his financial means used for payments for Kadam services are completely legal and their source of origin does not contradict the Law of the Republic of Latvia "On elimination of legalization of proceeds from crime and financing of terrorism" of July 30, 2008.
10.3. The Advertiser can sign the written contract of the Company with the request of the contract by e-mail firstname.lastname@example.org. In such a case, such Contract shall prevail over this Agreement.
10.4. Advance payment gradually goes off as payment for the Company's services, which is displayed in the Account as write-off funds for Advertisements clicks or conversions in the Advertiser's Personal Account. The placement price can be changed, by the Company, because of changing the minimum CPC/impression/ another conversion.
10.5. The amount of write-off funds depends on the rate established individually by each Advertiser for each Advertising Campaign/Advertisement.
10.6. Full or partial return of Advance payment to the Advertiser is made by the following steps:
10.6.1. Refunds are possible only on the basis of a written reasoned application, sent to e-mail email@example.com by the Advertiser, providing reasoned comments on the quality of the Services provided. The Advertiser obligates to submit all the supporting documents requested by the Administration of the Service. Refunds are made using the same payment method that was used to make the Advance payment.
10.6.2. In the case that the Advertiser has made an Advance payment under the Agreement on the basis of an invoice for payment, the refund is possible after receiving of all the necessary requisites of the Advertiser to allow the Executor to effect such a return.
10.6.3. The Executor is not obliged to refund the money unless the Advertiser has provided reasoned comments on the quality of the services.
10.7. In case of incorrect setting of Advertiser's notifications for conversion, payment for incorrect conversions is made by the Advertiser in full size and is not refundable.
10.8. In case of making an Advance payment, as well as the return of funds to a private account/payment card, the commission of the Advertiser's bank 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 wants to comply with the established limits for the automatic write-off of funds from the balance of the Advertiser, but their excess is possible. The indicators for the exceeded limits depend on the settings of the Advertising campaign and the established cost of the click/impression/conversion. In case of exceeding the established limit for the Advertising campaign, the clicks/impressions/conversions received after such excess are payable by the Advertiser.
10.10. The amount of advertising campaigns spending can exceed the amount of funds on the User balance due to receiving of traffic with a delay which may be caused by specific features of traffic sources and mobile devices. In the case of exceeding the amount of advertising campaign spending in accordance with the amount of funds on the User balance, clicks/impressions/conversions received after such excess must be paid by the Advertiser.
10.11. The documents for the services reception and transfer are provided to the Advertiser after his request by e-mail to the responsible manager or to firstname.lastname@example.org.
10.12. Services are considered correct if they are provided by the Contractor and accepted by the Advertiser properly and if the Advertiser has not provided a reasoned written comment on the quality of services to email@example.com within 14 (fourteen) days from the date of payment. All comments (requirements) that were sent after the above-mentioned time is not considered by the Company.
11. Sites and third-party content.
11.1. The Service may contain hyperlinks to other Sites on the Internet (Third Party Sites). These third parties and their content are not verified by the Company for compliance with the requirements (reliability, completeness, legality, etc.). Kadam is not responsible for any information, materials posted on the Sites of third parties, which the User obtains access to using the Service, including any opinions or statements expressed on the Sites of third parties, advertising, etc., as well as for an availability of such Sites or content and the consequences of their use by the User.
11.2. A hyperlink (in any form) to any Site, product, service, any information of a commercial or non-commercial nature placed on the Service, is not an endorsement or recommendation of these products (services, activities) by Kadam, except when it's specifically indicated in the Service.
12. Rights and obligations of the Parties
12.1. The Executor has the right:
12.1.1. to make changes and/or additions to the terms of this Agreement and any additional conditions unilaterally without any notification of Users about making such changes and/or additions, but with the posting of the new edition on the Service and notification of changes/additions to the terms and conditions Contract on the main page;
12.1.2. to close or suspend the functioning of the Service or any its part, to change the whole Service or a part of it, without prior notification of the User, to make changes of the information on the Executor placed in the Service;
12.1.3. to carry out preventive works to maintain the serviceability and improve the Service;
12.1.4. to establish and/or change unilaterally the price of services at its discretion by publishing a new price in the Service;
12.1.5. to change the list or terminate the provision of services;
12.1.6. to collect and organize data for conducting statistics;
12.1.7. to send e-mail and/or SMS messages to the User that contain the information about the Service, the Executor 's services or information about advertising, etc.;
12.1.8. to use User's advertisements, related content and information for their own marketing or advertising purposes;
12.1.9. to write-off the Advance payment of the Advertiser as a sanction for violation of this Agreement in the cases established in the Agreement;
12.1.10. to limit the rate of spending of advertising companies' budget if the amount on the User balance is less than 500 rubles in order to minimize the possibility of a negative User balance.
12.2. The Executor has the right to send a warning to the User, restrict, suspend access to the Account, restrict or disallow the access to the Service, and take technical and legal measures to ensure that the User can not use the Service in case 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 terms of this Agreement and/or the requirements of the current legislation of the Republic of Latvia.
12.2.3. execution of actions, by the User, which resulted or may result in a damage to the Executor's business reputation;
12.2.4. the terms of section 4 of this Agreement.
12.3. The user has the right to:
12.3.1. provide the wishes and/or suggestions for improving the work of the Service for consideration by the Executor;
12.3.2. receive information about the Executor in the determined by the Contract and the current legislation of the Republic of Latvia amount;
12.3.3. apply to the Support service if necessary, as well as in cases related to this Agreement;
12.3.4. receive services and use the Service under the terms of the Agreement.
12.4. The User is forbidden to:
12.4.1. upload, send, transmit, or distribute content that is illegal, harmful, defamatory, offends morality, demonstrates (or propagates) violence and cruelty, violates intellectual property rights, promotes hatred and / or discrimination against people racial, ethnic, sexual, religious, social characteristics, offends any persons or organizations, contains elements (or is propaganda) of pornography, children's eroticism, represents advertising (or is propaganda) of sexual services (including as other services), explains the procedure for the manufacture, 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 the organization and/or community without sufficient rights, including Kadam's employees, forum moderators, the owner of the Site, and also use any other forms and methods of illegal representation of others in the network, as well as deceive the Users or Kadam regarding the characteristics of any subjects or objects;
12.4.4. upload, send, transmit, post and/or distribute content, in the case of an absence of rights to the actions or any contractual partnerships;
12.4.5. download, send, transmit or distribute advertising information without legal basis, spam (including search engine), lists of other e-mail addresses, financial pyramid schemes, multi-level (network) marketing (MLM), and Use the Service to participate in these events, or use the Service only for redirecting users to pages of other domains;
12.4.6. upload, send, transmit or distribute any materials that contain viruses or other computer codes, files or programs designed to violate, destroy or limit the functionality of any computer or telecommunication equipment or programs for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to sites on the Internet, as well as links to the above information;
12.4.7. unauthorized collection and storage of personal data of other persons;
12.4.8. violate the normal operation of the Service;
12.4.9. promote actions related to violation of the restrictions and prohibitions specified in 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. violate the norms of legislation, including the norms of international law in other ways.
12.5. The Traffic Source owner must check the Advertising that is displayed on the connected Sites for compliance with the legislation of the country whose residents are the Target Audience of the Sites and reject Advertising that does not comply with the requirements of such legislation.
13.1. The User acknowledges and agrees that the Service, its contents, 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 cannot (and cannot give the permission to) copy, modify, create similar works, learn 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, duplicate, copy, sell, exchange or resell the software provided to him as part of the Service for any purpose, as well as modify the Service for any purpose.
13.3. If the User has not discussed another option in writing with the Company, the User can not use Kadam's intellectual property objects (for example, logos, trade names, trademarks and other trademark features, the content of https://www.kadam.net and etc.).
13.3. All objects accessible through the Service, including design elements, text, graphics, illustrations, video, computer programs, databases, music, sounds and other objects (hereinafter the content of the Service), as well as any content placed on the Service, are under the exclusive rights of the Company, and, sometimes, Users and other copyright holders.
14. The responsibility of the User
14.1. In the case that the Company finds a fraud or other breach of this Agreement, as well as fraudulent activities, in order to deceive the Company and increase the earnings at an expense of the Service, the Company has the right, at its own discretion, to block the Advertising Campaign/Advertising and/or User Account without notice. Blocking and subsequent deletion of the Account occurs according to 4.4. of the Contract. The User loses the right to return an Advance payment. The Company has the right to write-off the funds from the User's Account as a sing-time fine for violating the terms of this Agreement. The funds are written off immediately after the closing of the account. Claims and objections of the User can be sent to Kadam for consideration by e-mail to firstname.lastname@example.org within 30 (thirty) calendar days from the moment of Account and/or the Advertising Campaign/Advertisement blocking.
14.2. If any fraudulent attempts are detected or if there are suspicions of fraudulent operations in case of working with the Site https://www.kadam.net, which are related to the online deposit of Advance funds by the Advertiser, the Company reserves the right to block the Advertiser Account at any time and request documents necessary to clarify the circumstances. In case of the fact of fraud, Kadam has the right to write-off the Personal Account of the Advertiser in favor of the Service as a single-time fine and reports this fraud to law enforcement agencies, banking institutions and other organizations interested in preventing fraud.
14.3. The advertiser is independently responsible for the placement of the Advertising, which contradicts the legislation of the Republic of Latvia or the legislation of the country of residence of the Target Audience of the Site, where the Advertising is located.
14.4. The Traffic Source owner is independently responsible for the posted Advertising, which violates the relevant legislation, on the Site connected to it.
15.1. You agree not to disclose the Company's confidential information without the prior written permission of Kadam. Confidential Information of Kadam includes, but is not limited to:
16. Lack of guarantees, limitation of liability.
16.1. The user uses the Service at his own risk. The service is provided " as it is ". Kadam does not assume any responsibility, including for the compliance of the Service with the User's purposes.
16.2. The Company does not guarantee that: the Service comply/will comply with the User's requirements; the 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 may be used for any purpose or in any quality (for example, for an establishment and/or confirmation of any facts); the quality of any product, service, information, etc., received using the Service, will comply with the expectations of the User.
16.3. Any information and / or materials (including downloadable software, letters, any instructions for action, etc.), which the User receives access to using the Service, the User may use at his own risk independently and is responsible for the possible consequences of using the specified information and/or materials, including for the damage of the user's computer or to third parties, for loss of data or any other damages.
16.4. Kadam is not liable for any kind of loss that occurs as a result of the User's use of the Service or its certain parts/functions.
16.5. The Company cannot control and does not control the User's compliance with the terms of 10.2. of the Agreement, and is not liable in the case of violation by the User of the Law of the Republic of Latvia "On the elimination of the legalization of proceeds from crime and the financing of terrorism" of 30.07.2008.
17.1. This Agreement is governed and interpreted in accordance with the legislation of the Republic of Latvia. Issues that are not regulated by this Agreement should be resolved in accordance with the legislation of the Republic of Latvia. All possible disputes because of the relations that governed by this Agreement should be resolved in accordance with the legislation of the Republic of Latvia. The term "legislation" in the text of this Agreement, unless it’s indicated otherwise, means both the legislation of the Republic of Latvia and the legislation of the User's place of residence.
17.2. Nothing in the Agreement can be understood as an establishment of agency relations partnership relations, joint activity relations, personal hiring relations, or any other relations between the User and Kadam.
17.3. If one or more terms of this Agreement are found to be invalid or unenforceable, this does not affect the validity or enforceability of the other terms of the Agreement.
17.4. The User can get information on the previous shares and partner programs, which he was or continues to be related with the help of the Support service at email@example.com.
17.5. Inactivity of the Company in case of violation does not leave Kadam the right to take appropriate actions for protecting their interests later and it also does not mean the Company's refusal of its rights in the case of subsequent violations in the future.
17.6. This Agreement is made in Russian and may be provided to the User for examination in another language in some cases. In the event of a discrepancy between the Russian version of the Agreement and the version of the Agreement in another language, the Russian version of this Agreement is a priority.
17.7. This Agreement does not require signing and is valid for the Parties in electronic form.