- are Antavo customers and any person to whom customers give access to their Antavo account.
- is the content on the Sites, including all information, data, marks, logos, designs, pictures, graphics, sound files, other files, and their selection and arrangement.
- Intellectual Property Rights
- means all present and future intellectual and industrial property rights throughout the world conferred by statute, at common law or in equity and wherever existing, including:
- patents, designs, copyright, Moral Rights, rights in circuit layouts, trade marks, know how, brand names, domain names, inventions, product names, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
- any application or right to apply for registration of any of these rights;
- any registration of any of those rights or any registration of any application referred to in paragraph (ii); and
- all renewals and extensions of these rights.
- Interactive Areas
- are areas of the Sites including interactive advertising and promotion areas, discussion forums, bulletin boards, review services or other forums in which you or third parties may post content, messages, reviews or other materials on the Sites.
- Moral Rights
- means any rights an individual may have anywhere in the world.
- are individuals who participate in promotions on the Sites.
- Personal information
- is all Users or User related information and data provided by the User to Antavo, or collected by Antavo from the User or the Sites explicitly or implied, including testimonials of Users.
- Privacy Law
- means any applicable law, statute, regulation, ordinance, code, standard or requirements of any government, governmental or semi-governmental body that relates to privacy.
- are Antavo customers offering promotions on the Sites and any person who has an Antavo account.
- Registration Data
- data requested by Antavo or the Sites for registration or other defined purposes.
- are Antavo’s affiliates, subsidiaries, their promoters, contractors, advertisers, vendors or other partners, country managers and other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees.
- Service Providers
- are third party vendors, consultants and other service providers.
- include the Website and any successor websites, social utility sites, softwares, applications that provide services generated fully or partially by Antavo.
- Terms and Conditions
- is the entire present document.
- Third-Party Content
- is third-party content.
- Third-Party Sites
- are links to third-party Web sites.
- User Comment
- is any information, idea, invention, concept, technique or know-how sent to Antavo, or posted on the Sites in any public area for any purpose, including the development, manufacturing and/or marketing of products or services incorporating such information.
- User Content
- is called Content provided by Users.
- are considered the individuals using the Sites; irrespective whether they are Clients, Promoters, Participants, people who post comments on the Antavo blog, members of the Antavo forum, or simple browsers of the Sites.
- is this website provided to the User by Antavo.
- This Website is provided to the User by the Antavo Team (further as “Antavo”). The Website is subject to these Terms and Conditions. Please read these Terms and Conditions prior to using the Sites. By using or browsing the Sites in any manner you agree to be legally bound by these Terms and Conditions and other referred or pertaining provisions or regulations. Please note that you may not use the Sites if you do not agree, or only partially agree with these Terms and Conditions.
- The Website is not to be used by children. Users must be at least (18) years of age to create an Antavo account.
Modification of the Terms and Conditions
- Antavo reserves the right to change or modify the Terms and Conditions, or any policy or guideline of the Sites, at any time and in its sole discretion. If changes or modifications are made, Antavo will display the latest and applicable version of the Terms and Conditions on the Website.
- Any changes or modifications will be effective immediately upon posting on the Website, and your continued use of the Sites will be considered as your acceptance. The Terms and Conditions will always show the ‘last updated’ date at the top.
- If you do not agree with the changes, you may cancel your Antavo account without further obligation, except any amount due if applicable. If you do not agree to any amended Terms and Conditions, you must stop using the Sites. If you have any questions about the Terms and Conditions, please contact us through the available channels listed on https://contests.antavo.com/company/contact.
Fees, Charges, Taxes
- Please find all the information on fees and charges for the use of the Sites under https://contests.antavo.com/pricing.
- Note that from time to time fees may change. If changes or modifications are made, Antavo will notify you via your provided email address or by other means identified in these Terms and Conditions. In addition Antavo will immediately migrate your existing subscription to the closest match available and your continued use of the Sites will be considered as your acceptance of the new fees and charges after the effective date of the change. Change to fees and other charges are not applicable to the billing period in which the change occurs.
- Fees and charges paid to Antavo for products and service offered on the Sites, unless otherwise specified in writing, are non-refundable. If your use of the Sites is terminated by us because of your breach of these Terms and Conditions, we will retain fees and charges paid by you for your use of the Sites. If we terminate your use of the Sites for any reason other than your breach of these Terms and Conditions, we will refund your subscription fee on a pro rata basis.
- You are responsible for all taxes applicable to the fees, if any, in any applicable jurisdiction. Furthermore it’s your responsibility to notify Antavo if any change in circumstances (billing name and address, VAT number, etc.), so the correct invoice can be produced to you, also complying with the new EU VAT law.
Use of Interactive Areas and the Sites
- You use all Interactive Areas of the Sites at your own risk and you are responsible for their use. User Content submitted to any public area of the Sites is considered non-confidential.
- By using any Interactive Areas, you expressly agree not to conduct any activity, post, upload to, transmit, spam, distribute, store, create or otherwise publish through the Sites any data, derivative or product or form of any data which may infringe, violate or lead to the infringement or violation of any national or international public, criminal, civil, intellectual, copyright, etc. law, regulation, guideline, ethical norm or harm, cause damage, insult, harass etc. to Antavo, Clients, Promoters, affiliate or sponsor of Antavo, or any third party in any possible way.
Reliable and Secure Service
- Your security is important to Antavo. Therefore Antavo maintains a reliable and secure environment for your data as much as possible. However, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. By using the Sites, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Clients, Promoters, Participants, Users who choose to provide credit card information on the Sites accept these risks to the security of that credit card information. Ultimately, credit card data is provided by Clients, Promoters, Participants, Users and they themselves are responsible for its protection.
Copyright, Trademarks, Ownership
- All Content and all software available on the Sites or used to create and operate the Sites - other than User Content and sites or fragment of the sites of Promoters and Clients- is the property of Antavo or its licensors, and is protected by international copyright and intellectual property laws, and all rights to the Sites, the Content and software are expressly reserved.
- All trademarks, registered trademarks, product names and company names or logos listed in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Antavo.
- Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove any User Content posted or stored on the Sites, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Sites.
Limited License of Your User Content to Antavo
- User Content remains the property of the User. Antavo’s rights to User Content are limited to the limited licenses granted in Section pertaining to Termination and Modification of these Terms and Conditions.
- However Antavo needs the right to User Content to the extent necessary to operate the Sites, and provide the services provided by the Sites, in the present and in the future.
- By posting or distributing User Content, or permitting the collection of information or data by Antavo, you
- grant Antavo and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Sites, in the manner in and for the purposes for which the Sites uses such User Content;
- represent and warrant that you own and control all of the rights to the User Content, information and data that you post and permit us to collect, or you otherwise have the lawful right to collect, post and distribute that User Content, information and data to or through the Sites; and the use and posting or other transmission of such User Content does not violate these Terms and Conditions, lawful right of any third parties or any other applicable provision;
- grant Antavo and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense your User Content – which is intended for the use of other Users or third-parties – to such Users or third-parties for their use in connection with their use of the Sites, as described in this Section.
- These above mentioned licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because Antavo is not required to pay you for the use of your User Content on the Sites. And they are transferable because Antavo needs the right to transfer these licenses to any successor operator of the Sites.
- Antavo needs the right to User Content to the extent necessary to operate the Sites, and provide the services provided by the Sites, in the present and in the future. Antavo’s rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Sites does this to your User Content when it processes it for use in the Sites.
Antavo's Limited License of Content to Users
- Antavo grants you a limited, revocable, non-exclusive, license to access the Sites and to view, copy and print the portions of the Content available to Users on the Sites. The license is subject to these Terms and Conditions. The license in this Section is revocable at any time.
- Accordingly you represent and warrant that:
- you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
- you may not modify or otherwise make derivative works of the Sites or the Content, or reproduce, distribute or display the Sites or any Content (except for page caching) except as expressly permitted in these Terms and Conditions;
- you may only view, copy and print such portions of the Content for your own use;
- you may not use any data mining, robots or similar data gathering or extraction methods;
- your use of the Sites and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You may contact Antavo to request permission for uses of Content not included in this license.
- you may not use the Sites or the Content other than for its intended purpose. Except as expressly permitted above.
- Any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, these Terms and Conditions and your Antavo account. Moreover such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
- Unless explicitly stated herein, nothing in these Terms and Conditions may be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise.
- In case of infringement or notices of probable copyright or other intellectual property infringement on the Sites or servers, Antavo will take appropriate measures stop all illegal or harmful activities according to the applicable national and international guidelines, regulations and laws. This may include the removal or disabling access to material claimed to be the subject of infringing activity, or the termination of the account upon repeated infringements. In such case Antavo will notify the owner or administrator of the affected site or content to enable a counter notification.
- Claims of alleged copyright or other intellectual property infringement must be sent to the following contact info: https://contests.antavo.com/company/contact.
- Misrepresentations made in your notice regarding whether material or activity is infringing may expose you to liability for damages (including costs and attorneys' fees). Accordingly, if you are not sure whether material available online infringes your copyright, please ask an attorney first.
Links to Third-Parties
- The Sites contains links to Third-Party Web sites and Third-Party Content. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. A link to a Third-Party Site or Third-Party Content does not imply Antavo's endorsement, adoption or Promotership of, or affiliation with, such Third-Party Site or Third-Party Content. Antavo does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites.
Promotions and Media
- Promoters distribute promotions and other media utilizing tools offered on the Sites and Participants and Users may enter or engage with such promotions and media. If you are a Participant or User, you acknowledge that Promoters are responsible for promotions and media distributed through the site and for ensuring that such promotions and media comply with all applicable laws, rules, and regulations.
- In the event that you choose to provide personally identifiable information for the request of a Promoter, you acknowledge and agree that Antavo may use any information you provide consistent with these Terms and Conditions, however Antavo is not responsible or liable for Clients' or Promoter’s use or distribution of information you provide.
- For Promoters, Antavo merely facilitates the distribution of promotions and media and the Sites provide no safeguards ensuring that your promotions and media comply with any law, rule, regulation or policy. You also acknowledge and agree that you are responsible for ensuring that your promotion or media complies with any applicable law, rule, or regulation and agree to comply with all statements and promises made to Participants or Users (except to the extent such statements and promises violate the law). You further agree to indemnify, defend and hold harmless Antavo and its parent companies, affiliates, subsidiaries, members, etc. from any and all claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the services of Antavo.
Warranty disclaimer, Limitation of Liability, Indemnity
- The Website, the Content and the services provided by Website are provided on an “as is” basis without warranties from Antavo of any kind. Antavo expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Antavo does not represent or warrant that content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty of representation as to the accuracy or proprietary character of the Website, the Content or any portion thereof. Antavo does not represent or warrant that the Sites or any Content are free of viruses or other harmful components, however Antavo does his best to close out any viruses or other harmful components.
- You waive and shall not assert any claims or allegations of any nature against Antavo, or its Related Parties arising out of or in any way relating to your use of the Sites, or the Content. You use the Sites, the Content and the services at your own risk. Without limitation of the foregoing, neither Antavo nor any other Related Party shall be liable and is indemnified for any direct, special, indirect or consequential damages, or any other damages, loss of any kind, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Sites or the Content. You agree to limit your claims to claims for monetary damages within the limits identified in this Agreement.
- Notices that Antavo gives you may be provided by:
- emailing you at the contact information you provide in your Registration Data;
- posting a notice to Promoters, Clients and Related Parties in the dashboard area of their respective accounts on the Website;
- posting the notice at the point of entry of any promotion;
- posting the notice elsewhere on the Sites. When we post notices on the Sites, we post them in the area of the Sites suitable to the notice. However it is your responsibility to periodically review the Sites for notices.
- By sending or posting User Comment to Antavo, or to the Sites you grant Antavo permission and acknowledge that Antavo can use the User Comment without compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions.
- Notices that Antavo gives you may be provided by:
Applicable Law and Venue
- The Website and Antavo is controlled by Antavo Ltd. (registered office: 9th Floor, 107 Cheapside, London, EC2V 6DN, United Kingdom, Company Number: 8046168) and operated from its offices. You and Antavo both benefit from establishing a predictable legal environment in regard to the Sites. Therefore, you and Antavo explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Sites will be governed by the laws of the United Kingdom and the sole and exclusive venue of for all disputes, claims or other matters arising from or relating to your use of the Sites is the Local and County Court of Antavo Ltd’s registered address. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
- If you have a claim, you should give written notice to arbitrate at the registered office of Antavo Ltd. If we have a claim, we will give you notice to arbitrate at your address provided in your Registration Data, more specifically payment form.
Termination and Modification
- Notwithstanding any provision of these Terms and Conditions, Antavo reserves the right, without notice and in its sole discretion, without any notice or liability to you, to
- terminate your license to use the Sites, or any portion thereof;
- block or prevent your future access to and use of all or any portion of the Sites or Content; change, suspend or discontinue any aspect of the Sites or Content; and
- impose limits on the Sites or Content.
Antavo may particularly exercise this right if it notices your commercial resell of the Sites by taking advantage of the unlimited apps, brands and pages offering as described on https://contests.antavo.com/pricing.
- Notwithstanding any provision of these Terms and Conditions, Antavo reserves the right, without notice and in its sole discretion, without any notice or liability to you, to
Inactive Accounts, Termination of Agreement
- You and Antavo may terminate these Terms and Conditions and your use of the Sites at any time.
- If you terminate your use of the Sites, and if applicable, you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination). When your Antavo account is terminated, your User Content will, shortly thereafter, not appear on the Sites, except for User Content submitted to our blog, which may remain on the Sites after termination. You acknowledge and agree that Antavo has no obligation to migrate or provide assistance in migration of data from the Sites. Notwithstanding the foregoing, Antavo support may help Users with the transfer of any stored data upon request.
- After thirty days from the date of termination, Antavo takes no responsibility for stored data and reserves the right to delete all remaining data. If these Terms and Conditions expire or terminate for any reason, any representation or warranty you make in these Terms and Conditions and all other regulatory provisions of these Terms and Conditions, shall survive indefinitely.
- If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. If a court of competent jurisdiction determines that any provision of these Terms and Conditions is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms and Conditions.
- Antavo may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Antavo, and any such attempted assignment will be void and unenforceable.
- These Terms and Conditions constitute the entire agreement between you and Antavo regarding your use of the Sites, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Antavo regarding your use of the Sites. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Questions and Complaints
- If you have any questions or complaints regarding these Terms and Conditions or your use of the Sites, please contact us through the available channels listed on https://contests.antavo.com/company/contact.