It is Komli’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
- You shall indemnify Komli with respect to all liability, losses, damages, costs or expenses howsoever caused, arising out of, or in connection with a breach of your obligations under this Agreement.
- You acknowledge that you are using the service at your own risk. THE SERVICE IS PROVIDED "AS IS", AND KOMLIHEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. KOMLI AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
- No advice or information, whether oral or written, obtained by you from Komli through or from the Service shall create any warranty not expressly stated in this Agreement.
- Komli shall not be liable to Publisher or to any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this Agreement, the providing of services hereunder, the sale or purchase of any goods or merchandise, Publisher's access to or inability to access the Service, including for viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the merchandise, information or materials available on the Service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
- You hereby agree to release Komli, and each of itsaffiliated directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with your use of the service.
- If you are a Delaware resident, you waive Delaware civil code section 1542, which states, in part: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".
- The aggregate liability for Komli to Publisher for all claims arising from the use of the Service is limited to the net proceeds to Komli from the Advertising sales Publisher's AD Spaces generated during the previous calendar month.
- Komli is not responsible for the content of the Advertisements managed under the Service. Komli does not review Advertisements before they are displayed, and does not verify, endorse, or otherwise take responsibility for the contents of any Advertisements. Komli reserves the right to remove from its servers any Advertisement or Publisher Content which it determines to be in violation of its rules and guidelines. Komli is not responsible for any malware or other unauthorized code included as part of the marketing collateral associated with advertising campaigns. Komli reserves the right to immediately suspend any advertising campaign that contains such malware or unauthorized code.
- You are responsible for all usage or activity on your account management tools, including use of the account by any third party authorized by you to use your user name and password. You are advised to maintain the confidentiality of your account management password. You are responsible for ensuring that you exit from your account at the end of each session. If you are a Publisher, you are solely responsible for the usage and placement of AD Spaces on your Web Site(s).
- Komli reserves the right to terminate your Account and remove your AD Space or your Advertisement from the Service without notice for any reason, or for no reason.
- If Komli terminates your Account with the Services, it will send an email to you if you have supplied a valid address on the relevant registration form. If you have not supplied a currently valid email, Komli may terminate your access to the Serviceswithout any notice.
- You may terminate your Account with Komli for any reason, or for no reason, by removing your AD Space from your website(s) or by stopping all current and pending advertising purchases, and sending an e-mail to support [at] komlimobile dot com. Notwithstanding the foregoing, you cannot terminate your Account with the Service if you have any outstanding Sponsorship Advertisements running in your AD Spaces, or if you purchased a Sponsorship that is active. If you discontinue or suspend an AD Space into which Sponsorship Advertisements have been displayed, you agree to reimburse all such Advertisers the total amount of their Sponsorship purchase.
Communicating with Komli
While Komli values feedback on the Service, we ask that you be specific in their comments and not to submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Komli Media, its affiliates, partners and third-party service providers. None of the Submission shall be subject to any obligation of confidence on Komli, its affiliates, partners and third-party service providers, and the same shall not be liable for any use or disclosure of any Submission. Komli, its affiliates, partners and third-party service providers shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
The failure of Publishers, Advertisers, or Komli to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Komli shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Komli’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Komli’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware without regard to the conflict of laws provisions thereof. You and Komli agree that this Agreement is the complete and exclusive statement of the mutual understanding between Publishers and Advertisers and Komli and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Komli in any respect whatsoever.The section titles in the TOU are for convenience only and have no legal or contractual effect.