CAMPAIGN MARKET TERMS AND CONDITIONS
- 1. Introductions
- 2. Changes to the Agreements
3. Enjoying Campaign Market
- 3.1 Subscriptions
- 3.2 Trials
- 4. License and assignment
- 5. Third Party Applications
- 6. User generated content
- 7. Consideration
- 8. User Guidelines
- 9. Technology limitations and modifications
- 10. Payments, cancellations and cooling off
- 11. Term and termination
- 12. Warranty
- 13. Limitation
- 14. Entire agreement
- 15. Severability
- 16. Choice of law, mandatory arbitration and venue
Effective as from AUGUST 2019
Thanks for choosing campaign market (“campaign market”, “we”, “us”, “our”).
We’re pleased to make our Service available to you. Campaign market Service includes (social media marketing, web analytics, landing pages, ecommerce platform, email marketing, tracking tools, email automation, drag and drop templates, wallet, user page control, digital marketing agency and interactive features) In order to use the Campaign market Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in the Local Country.
You also warrant that any registration information that you submit to campaign market is true, accurate and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the campaign market Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service.
By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
3. Enjoying Campaign market
Here’s some information about all the ways you can enjoy Campaign market.
3.1 Subscriptions Monthly Yearly Service can be rendered to our customer base on price quotation/fixed price. Campaign market account holders may access the Service by any of our several Subscriptions: Free Service: an ad-based, free-of-charge service; shall be determined by Campaign market Unlimited Service: a subscription fee-based service; shall be determined by Campaign market
3.2 Trials From time to time, we may offer trials of the Premium Service and/or Mobile Service for a specified period without payment (a “Trial”). Campaign market reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability. For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for our Service on the first day following the end of the Trial, on a recurring monthly basis.
4. License and assignment
Campaign market Service and the content provided through it are the property of campaign market in conjunction with Dream big network limited, and we grant you a limited, non-exclusive, revocable license to make personal, commercial use of the campaign market Service and to receive the media content made available through the campaign market Service in your Local Country, based on the Subscription or Trial you have selected (the “License”).
This License shall remain unless terminated by you or campaign market.
The campaign market software applications are licensed, not sold to you, and campaign market retains ownership of all copies of the campaign market software applications even after installation on your Devices. Campaign market may assign these Agreements or any part of them without restrictions.
You may not assign these Agreements or any part of them, nor transfer or sub-license your rights under this License, to any third party.
All campaign market trademarks, service marks, trade names, logos, domain names, and any other features of the campaign market brand are the sole property of campaign market. This License does not grant you any rights to use the campaign market trademarks, service marks, trade names, logos, domain names, or any other features of campaign market brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the campaign market Service (including but not limited to its content) in any manner not expressly permitted by the Terms. Third party software libraries included in the campaign market Service are licensed to you either under these Terms, or under the relevant third party software library’s license.
5. Third Party Applications
You understand and agree that campaign market is not responsible or liable for the behavior, features, or content of any Third Party Application.
6. User generated content
Campaign market users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist compilations (“User Content”).
You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Campaign market.
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the campaign market Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to the Free Service, and (c) to allow our business partners to do the same.
You grant Campaign market a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Campaign market Service.
These Terms are not intended to grant rights to anyone except you and Campaign market, and in no event shall these Terms create any third party beneficiary rights. Any failure by Campaign market to enforce these Terms or any provision thereof shall not waive campaign market’s right to do so.
8. User Guidelines
We’ve established a few ground rules for you to follow when using the Service, to make sure Campaign market stays enjoyable for everyone. Please follow these rules and encourage other users to do the same. Campaign market respects intellectual property rights and expects you to do the same.
This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the campaign market Services or content delivered to you via the Campaign market Services, or otherwise any making use of the campaign market Service which is not expressly permitted under these Terms; (b) using the campaign market service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Campaign market Services or any part thereof; (d) circumventing any technology used by Campaign market , its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by Campaign market; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Campaign market Services; (i) providing your password to any other person or using any other person’s user name and password.
Please respect Campaign market and other users of the campaign market Services``. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Campaign market or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, Trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Campaign market inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the campaign market Services, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or campaign market’s computer systems or network, or breaches any of campaign market’s security or authentication measures, or (l) conflicts with the Agreement, as determined by Campaign market. You agree that Campaign market may also reclaim your username for any reason.
Please be thoughtful about what you make public on Campaign market. The campaign market Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on Campaign market or across the web, so please use Campaign market carefully and manage your account settings regularly. Campaign market has no responsibility for your choices to make any actions or material public on the Service. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9. Technology limitations and modifications
Campaign market will make reasonable efforts to keep the campaign market Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions.
Campaign market reserves the right, periodically and at any time, to modify or Discontinue, temporarily or permanently, functions and features of the campaign market Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the campaign market Service or any function or feature thereof. You understand and agree that campaign market has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Services.
10. Payments, cancellations and cooling
Campaign market may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change.
By continuing to use the campaign market Service after the price change takes effect, you accept the new price.
11. Term and termination
These Terms will continue to apply to you until terminated by either you or campaign market.
Campaign market may terminate the Terms or suspend your access to the Campaign market Services at any time, including in the event of your actual or suspected unauthorized use of the campaign market Service or non-compliance with the Terms. If you or campaign market terminate the Terms, or if Campaign market suspends your access to the campaign market Services, you agree that campaign market shall have no liability or responsibility to you and Campaign market will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Campaign market account, please contact us through the Customer Service contact form.
We endeavor to provide the best service we can, but you understand and agree that CAMPAIGN MARKET SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE CAMPAIGN MARKET SERVICE AT YOUR OWN RISK. CAMPAIGN DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
In addition, Campaign market does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Campaign market Service or any hyperlinked website, or featured in any banner or other advertising.
You understand and agree that campaign market is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the campaign market Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Campaign market shall create any warranty on behalf of Campaign market in this regard.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the campaign market Service, the Third Party Applications or the Third Party Application content is to uninstall any Campaign market software and to stop using the campaign market Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAMPAIGN MARKET, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE CAMPAIGN MARKET SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CAMPAIGN MARKET HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CAMPAIGN MARKET SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO CAMPAIGN MARKET DURING THE PRIOR THREE MONTHS IN QUESTION. CAMPAIGN MARKET SHALL NOT BE LIABLE FOR FRAUD, FRAUDULENT MISREPRESENTATION, LIABILITY, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
14. Entire agreement
These Agreements constitute all the terms and conditions agreed upon between you and Campaign market and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Campaign market are void.
You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Campaign market that are not contained in the Agreements. Please note, however, that other aspects of your use of the campaign market Service may be governed by additional agreements.
That could include, for example, access to the Campaign market Community for customer support, access to the Campaign market Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full here. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service.
Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
16. Choice of law, mandatory arbitration and venue
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Nigeria, without regard to choice or conflicts of law principles. Further, you and Campaign market agree to the exclusive jurisdiction of the courts of Nigeria to resolve any dispute, claim or controversy that arises in connection with these Agreements. Copyright © 2019 Campaign market. All rights reserved.