This text is the AGREEMENT which governs the relationship between ADPOW (Flapit Counter OÜ, with tax ID no. 12744591 and legal address at Roosikrantsi 2-K158, Tallinn 10119 (referred to herein as “ADPOW”), and YOU (the USER) upon activating promotions with our ADPOW applications whether on our website (www.adpow.com) or directly on social media networks such as Facebook, Twitter, Youtube and Instagram.
The Site and all related services, (herein referred to as “Services”) were created by ADPOW in order to provide you a much easier way to run widgets on your website or blog and on your social networks. ADPOW facilitates companies to run widgets which as a user you can enter (the user in this case herein referred to as “Entrant”).
Both parties must comply with these Terms and Conditions. By contracting the ADPOW Services and using and accessing the Services, the USER is bound to each and every one of these Terms and Conditions with no exceptions, being it the USER’s obligation and responsibility to read them prior to agreement.
As a part of the order procedure and prior to payment authorization, the USER must accept the Terms and Conditions. If you do not agree with the terms and conditions, you must not continue the contract process given that these terms and conditions will apply to you in any case.
This agreement binds the USER and is valid during the entire duration the promotion is active, notwithstanding the responsibilities the USER may incur by using the application. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time. The date when these Terms were last updated is indicated at the end of the Terms.
By activating a promotion or contest with an ADPOW application or using any of the ADPOW Services, the USER chooses to use the free version or to acquire a license to manage promotions and contests from their website or social media networks’ pages. The USER does not receive ownership rights over the application or any content provided for such, as they belong to and remain under the full power of ADPOW in their entirety.
ADPOW offers 3 versions of the ADPOW Services:
Based on the specific package you choose, you may grant account access to additional users in your organization. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and Conditions.
To learn more about the characteristics and features of each version of the ADPOW Services, please visit: www.adpow.com/pricing
By opening a subscription-based paid account with ADPOW, the USER agree to timely pay all charges incurred by the account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. If payment cannot be charged to the credit card or the charge is returned for any reason, ADPOW may suspend or terminate the USERS’s account. ADPOW reserves the right to change the amount of, or basis for determining, any fees or charges for the ADPOW
Services, and to institute new fees, charges or terms effective upon prior notice to the USERS (which may be sent by email to the address that was most recently provided to us).
The USER is responsible for managing the chosen plan, if the USER wish to cancel the account at any time for any reason; it may be done by switching the plan back to ADPOW FREE Services. Failure to do this before the anniversary date will result in renewal of the plan for the current period, ADPOW DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability. The promotion or contest will be activated only once the USER has made payment of the amount corresponding to the selected user license. Once the payment of the amount is verified, the application chosen will be activated and the USER's promotion will be published.
ABSENCE OF THE RIGHT OF WITHDRAWAL: User licenses for ADPOW Services are based on virtual files delivered electronically and are therefore susceptible to immediate use. Thus, in accordance with the applicable law, once the application has been purchased, the USER can not withdraw the purchase or request that the amount paid be returned.
CANCELATION OF THE LICENSE AND TERMINATION OF THE AGREEMENT BY THE USER
The USER may cancel this license agreement and deactivate the application at any time. The account will then downgrade or cancel by the end of the paid period. ADPOW will not, in any case, reimburse the amounts paid by the USER.
CANCELATION OF THE LICENSE AND TERMINATION OF THE AGREEMENT BY ADPOW
Terminating this agreement will also terminate all maintenance, execution or installment obligations that are the responsibility of ADPOW in relation to the ADPOW Services.
The USER expressly acknowledges that all copyright, trademark and other intellectual or industrial property rights over the Services or contents forming part of the ADPOW Services belong to ADPOW at all times or to the body that granted ADPOW its license for use. The USER may not use this material unless ADPOW expressly gives their authorization.
By subscribing to the ADPOW Services, ADPOW grants the USER a personal, revocable, non- assignable, and non-exclusive license to use the Services for the term of the subscription in accordance with the Terms, unless terminated earlier.
“ADPOW” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to ADPOW. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by ADPOW. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
ADPOW facilitates companies to run competitions which as a user you can enter. As an Entrant you acknowledge that "Competition Owner" is fully responsible for ensuring that their competition complies with all applicable rules and regulations in the countries for which it is operating. ADPOW is not responsible for; or liable for the failure of any Competition Owner to comply with these rules.
"Competition Owners" must also be responsible for ensuring that their competition fully complies with all rules & regulations of any social media network or Third Party on which it is run. ADPOW will not be held responsible for the loss of any data or accounts due to actions from Third Parties that relate to activity that is against their guidelines.
ADPOW DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.
ADPOW may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that ADPOW may use any information you provide consistent with ADPOW and these Terms of Service.
ADPOW agrees to:
The USER acknowledges, agrees to and accepts that:
PLEASE NOTE THAT SOME OF THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICES CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. WHILE WE APPRECIATE YOUR PATIENCE DURING THIS FINALIZATION STAGE, WE ENCOURAGE YOU NOT TO USE THIS BETA VERSION OF THE SERVICES UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF.
2. In particular, ADPOW is exonerated from all responsibility for content that the USER creates, circulates, develops and manages with the ADPOW Services as well as the use that the USER or third parties make of this content. Included but not limited to, ADPOW shall not, in any case, be held responsible for:
ADPOW reserves the right to make improvements, replacements or modifications to the ADPOW Services or to the application code at any time in order to adapt the product to changes in the social media networks´ platforms or to incorporate improvements to product functions.
Technical support is provided to the USER by ADPOW via email. The USER can send technical inquires to email@example.com and ADPOW shall respond via email within a reasonable time-period.
If one of the articles in this agreement becomes null and void, it is therefore considered to be nonexistent, and the parties would remain bound in full force to the rest of the agreement.
For all questions, conflicts and disputes that may arise concerning the validity, interpretation, compliance and/or execution of these Terms and Conditions and the relationship between the parties, the parties expressly submit themselves to the Estonian law and the authority of the Courts of Tallinn, Estonia and thus expressly exclude other laws or jurisdictions applicable to them unless otherwise determined by Law.
If you need more information, please contact us or check our FAQs section at www.adpow.com/faq