Terms and Conditions
These terms and conditions outline the rules and regulations for the use of Mobilevolume's Website, located at mobilevolume.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Mobilevolume if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: 'Client', 'You' and 'Your' refers to you, the person log on this website and compliant to the Company's terms and conditions. 'The Company', 'Ourselves', 'We', 'Our' and 'Us', refers to our Company. 'Party', 'Parties', or 'Us', refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of br. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing Mobilevolume, you agreed to use cookies in agreement with the Mobilevolume's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Mobilevolume and/or its licensors own the intellectual property rights for all material on Mobilevolume. All intellectual property rights are reserved. You may access this from Mobilevolume for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Mobilevolume
- Sell, rent or sub-license material from Mobilevolume
- Reproduce, duplicate or copy material from Mobilevolume
- Redistribute content from Mobilevolume
This Agreement shall begin on the date hereof.
Hyperlinking to our Content
All organizations may link to our Website without prior written approval:
All organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
All organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Mobilevolume's logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Prohibited Usage
The use of the Services in any manner not explicitly permitted under this Agreement is strictly forbidden. For instance, you are not allowed to:
- Access the Services by employing an anonymizing proxy.
- Utilize a credit card to finance your account or pay fees without the authorization of the credit card holder.
- Obtain or attempt to obtain access to the Services or any parts thereof without proper authorization from Mobilevolume.
- Advertise any illegal content, engage in illegal, deceptive, or fraudulent business practices, or engage in actions that may result in claims, fees, fines, penalties, or other liabilities for Mobilevolume, its affiliated companies, or yourself.
- Disseminate or facilitate the dissemination of viruses, worms, or other malicious computer programs that could cause damage, interfere with, intercept, or appropriate any system, data, or information without consent.
- Infringe upon the copyright, patent, trademark, trade secret, or other intellectual property rights, as well as rights of publicity or privacy, of any party.
- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share, or otherwise exploit commercially or make the Services available, except as expressly stated in this Agreement.
- Frame or use framing techniques to enclose Mobilevolume's trademarks, logos, or other proprietary information (such as images, text, page layouts, and forms).
- Use any automated means, including robots, spiders, or other computer programs, or manual processes to monitor or copy the Services or any portion thereof.
- Scrape any ads served through the Services or use any other automated methods to extract data, access, query, or collect information related to the ads served through the Product.
- Disclose any information derived from the Services to third parties for market research or competitive intelligence purposes.
- Engage in any activity that could disable, burden, or impair the servers of Mobilevolume or its partners, or disrupt the proper functioning of the Services, such as conducting a denial-of-service attack.
The aforementioned list serves as an example and does not aim to provide an exhaustive compilation of prohibited activities. If you are uncertain whether your intended use of the Services falls within the boundaries of this Agreement, please contact Mobilevolume. Written confirmation signed by an authorized officer of Mobilevolume is the only acceptable proof of permitted activity.
User Account
By entering into this Agreement, you guarantee to Mobilevolume that you possess complete power, authority, and legal capacity. If you are acting on behalf of a corporation or another entity, you warrant that you have the full power, authority, and legal capacity to enter into this Agreement on their behalf. Additionally, you confirm that this Agreement constitutes a legally binding obligation for said corporation or entity.
Confirmation of Information
You grant Mobilevolume or its representative the authorization to:
- Conduct necessary inquiries to validate your identity and the information provided by you.
- Perform credit and/or background checks on you, as well as your corporation or other entity.
In certain cases, you may be required to provide additional information, verify ownership of an email address, or submit copies of identification documents.
Updating Information
It is your responsibility to ensure that all information you provide to Mobilevolume is accurate, truthful, complete, and up to date. If any of the information becomes inaccurate or outdated, you must promptly provide Mobilevolume with the correct information.
Ad Eligibility Requirements
Every ad you upload to the Mobilevolume platform must adhere to the following:
- Technical requirements set by Mobilevolume, which are periodically updated and generally communicated within the RTB platform.
- The rules specified by the website publisher on whose site you intend to display your ads. These rules define the types of ads acceptable to the publisher and are subject to regular updates. The latest version of these rules can be found within the RTB platform. If you are uncertain about whether your ad meets the publisher's guidelines, it is advisable to contact an Mobilevolume representative prior to uploading the ad to avoid interruptions, penalties, account suspension, or closure.
- Mobilevolume's Creative Policy and any other ad quality guidelines or policies implemented by Mobilevolume. The Creative Policy applies not only to your ads but also to the landing page that the ad directs users to. Mobilevolume will inform you of any new ad quality guidelines or policies through email (using the provided email address) or by posting a notice within the RTB platform. Your continued use of the Services after receiving such notifications confirms your acceptance of the updated guidelines.
- The relevant laws in the country where you reside, as well as in any country where your ads will be displayed.
Due to the dynamic nature of Mobilevolume's business, the above requirements may change over time. It is your responsibility to regularly review and ensure compliance with each requirement.
Ad Responsibility
You bear full responsibility for all ads created, uploaded, or distributed using the Services. Mobilevolume is not liable for any losses or damages that may arise from your ads, whether to yourself or others. By using the Services, you confirm to Mobilevolume that you possess all the necessary rights and permissions to distribute your ads using the platform.
Ad Quality Review
Each ad you upload must undergo approval from Mobilevolume before it can be displayed. To increase the chances of your ad being approved, ensure that it meets the specified size parameters and complies with all applicable submission requirements.
Violations
Periodically, Mobilevolume will conduct reviews of live ads to ensure ongoing adherence to submission requirements, even if an ad has already received approval. Mobilevolume reserves the right to remove any ad that it deems non-compliant with its ad eligibility requirements or for any other reason. Additionally, Mobilevolume LTD may suspend and/or delete your Account in conjunction with ad removal.
Third-Party Ad Serving
Mobilevolume allows the utilization of third-party ad server tags in specific instances. If you intend to employ such tags, you must complete an ad server tag request form and confirm the connection with a connection code to a third-party server via API. Mobilevolume retains the discretion to deny ad server tag requests and revoke previously granted permissions at its sole discretion.
Purchases
By placing bids on ad inventory through the Mobilevolume platform, you are making a programmatic offer to acquire said ad inventory. Upon acceptance of your offer, you have completed the purchase of the inventory, and such purchases are non-cancellable.
The calculation of ad inventory purchases is based on Mobilevolume's statistics and data. In the event of any discrepancies with other statistics or data, Mobilevolume's measurements will take precedence. Mobilevolume applies a margin for purchased ad inventory.
Payment Methods
All monetary amounts associated with the Services are denominated in U.S. dollars. If you submit monetary amounts in a different currency, they will be converted at the prevailing exchange rate available to Mobilevolume at the time of conversion.
You are responsible for verifying the accuracy of all payment-related information you provide, including contact details, payment amounts, credit card numbers, expiration dates, and wire transfer information, as applicable.
Mobilevolume employs third-party providers to process payments, and therefore, it cannot guarantee the exact timeframe for funds to be credited to your Account. Credit card payments are typically processed and credited immediately, while wire transfers or PayPal payments may take a few days for processing and posting to your Account.
Account Responsibilities
You bear sole responsibility for ensuring the accuracy of all information entered when accessing the Services, such as bid prices, bid criteria, and destination URLs.
It is your duty to safeguard your account password diligently and take necessary precautions to prevent unauthorized access. You will be held solely responsible for any unauthorized usage. Mobilevolume recommends the use of a 'strong' password (i.e., a combination of upper and lowercase letters, numbers, and symbols, with a minimum length of eight characters) and periodic password changes.
If your Account has been compromised or is being used without authorization, it is imperative to promptly notify Mobilevolume. Regularly logging into your account and reviewing expenditure details is advisable to ensure there are no unauthorized transactions or errors.
Taxes
You are responsible for all duties, tariffs, and taxes associated with your use of the Services, except for income taxes payable by Mobilevolume.
Services Disclaimer
- Results. Regarding the Services, Mobilevolume disclaims all guarantees, to the maximum extent allowed by law, concerning the positioning, levels, quality, or timing of the following: (i) cost per impression; (ii) click-through rates; (iii) availability, quantity, or delivery of impressions; (iv) user actions related to your ads; (v) conversions; (vi) accuracy of data; and (vii) the adjacency or placement of ads. Moreover, Mobilevolume does not make any representations regarding revenue, the performance of your advertising campaigns, or any other expected benefits associated with your use of the Services. Additionally, Mobilevolume does not guarantee that the Services are suitable for your intended purposes.
- Availability. Mobilevolume will make commercially reasonable efforts to ensure the ongoing provision of the Services. However, the Services may become inaccessible, unavailable, or inoperable at times due to various reasons, including but not limited to: (i) periodic maintenance or repairs; (ii) equipment malfunctions; (iii) network attacks or hostile actions; or (iv) other circumstances beyond Mobilevolume's control. The availability of the Services is not guaranteed.
- Inherent Insecurity of the Internet. The internet is inherently insecure, and data transmission over the internet (such as sending emails or accessing websites) is subject to possible loss, interception, or alteration during transit. Therefore, Mobilevolume does not assume any liability for any damage or costs you may incur due to the loss, interception, or alteration of transmissions over the internet. While Mobilevolume takes reasonable measures to protect the privacy of your information and handles it in accordance with its Privacy Policy, the information you provide will not be considered confidential, create any fiduciary obligations from Mobilevolume, or hold Mobilevolume or its affiliated companies liable if such information is unintentionally released or accessed by third parties.
- Limitation of Liability. Under no circumstances, including negligence, gross negligence, negligent misrepresentation, or fundamental breach, will Mobilevolume, its affiliates, related companies, directors, officers, employees, consultants, or agents be liable to you or any third party for any direct, indirect, incidental, special, or consequential damages, injury, claim, cost, expense, liability, proceeding, or loss (collectively referred to as 'Loss') arising from your access to the Services or inability to access them, or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know, or actually knew of the possibility of such damages. You acknowledge and agree that neither Mobilevolume, its affiliated companies, nor any of their directors, officers, employees, consultants, or agents will be liable for any defamatory, offensive, or illegal conduct of any user, including yourself.
- Conversion Pixels. Mobilevolume provides 'conversion pixels' for tracking specific statistics related to your ads, such as the number of conversions, eCPA, revenue, and conversion rates. It is your responsibility to correctly install and use these conversion pixels as instructed. Mobilevolume does not provide any representations or warranties regarding the accuracy of the information collected by these conversion pixels or the data derived from such information.
General
- Account Suspension or Deletion. Mobilevolume reserves the right to suspend or delete any account at its discretion. If your account is suspended or deleted, Mobilevolume is not obligated to provide you with a reason for its actions.
- Verification Requirements. Mobilevolume may request additional information or documentation to verify your identity.
- Related Accounts. If your account is deleted, your access to the Services will be immediately terminated, and you will not be allowed to open a new account. If Mobilevolume suspects that you are operating or associated with another account based on subscriber data, account content, or other information, Mobilevolume may also suspend or delete such a 'related' account.
- Severability. The invalidity or unenforceability of any provision in this Agreement does not affect the validity or enforceability of other provisions, and the invalid or unenforceable provision will be considered separable.
- Force Majeure. In addition to the disclaimers mentioned above, Mobilevolume's performance under this Agreement is excused in case of interruptions or delays caused by factors beyond its reasonable control, including acts of God, government actions, war, civil disorder, natural disasters, power failure, equipment failure, labor disputes, third-party data or information provider issues, third-party software, or communication interruptions.
- Notices. Mobilevolume will provide any required notices by posting them in the Services, sending emails to the email address registered in your account, or mailing them to the address on file. Notice is considered received immediately upon posting on the website or sending by email (unless non-delivery is notified). If notice is sent by mail, it is considered received three business days after being sent.
- Changes to Agreement. Mobilevolume has the right to modify, add, or remove any terms or conditions in this Agreement ('Changes'). You will be notified of any Changes through website postings, notifications in the Services, or emails. All Changes are effective immediately upon posting (the 'New Effective Date'). You agree to review this Agreement periodically, and your continued use of the Services after the New Effective Date constitutes your acceptance of the Changes. If you do not agree with the Changes, you must stop using the Services immediately.
- Jurisdiction. Mobilevolume controls and operates the Services from its offices in Brazil. Both you and Mobilevolume agree that: (i) this Agreement is created and performed in Brazil; (ii) the Services are provided to you from Brazil; (iii) any disputes or claims arising from this Agreement or your use of the Services are governed by the laws of the State of Brazil and applicable federal laws; and (iv) any disputes or claims will be exclusively heard by the courts of Brazil.
- Waiver of Jury Trial. The parties acknowledge that any controversy arising under this Agreement or related agreements would involve complex issues, and therefore agree that any court proceeding arising from such controversy will be tried without a jury by a judge in a court of competent jurisdiction.