Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at www.ads-knk.click ("Website," "Platform") operated by Ads KNK ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Ads KNK governing your access to and use of our services.

1. Acceptance of Terms

By accessing, browsing, or using this Website or any services offered by Ads KNK in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and any other policies or guidelines incorporated herein by reference.

If you do not agree to these Terms, you must immediately cease all use of this Website and any associated services. Your continued use of the Website following the posting of any modifications to these Terms constitutes your acceptance of those changes.

These Terms apply to all visitors, users, customers, and others who access or use the Website. By using our services, you represent and warrant that:

• You are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater;
• You have the legal capacity and authority to enter into this Agreement;
• You are not barred from receiving services under applicable United States law or the laws of any other applicable jurisdiction;
• You will comply fully with these Terms at all times during your use of the Website and services.

If you are accessing or using the Website on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and that the entity agrees to be bound by these Terms.

2. Description of Services

Ads KNK provides custom advertising and digital marketing services through the Website located at www.ads-knk.click. Our services may include, but are not limited to, the following:

• Digital Advertising Solutions: Planning, placement, and management of digital advertising campaigns across various platforms and channels;
• Custom Ad Creation: Design and development of custom advertising materials tailored to client specifications and marketing objectives;
• Campaign Management: Ongoing management, monitoring, and optimization of advertising campaigns to maximize performance and return on investment;
• Analytics and Reporting: Comprehensive reporting services that provide insights into campaign performance, reach, and effectiveness;
• Consulting Services: Strategic advertising consultation and guidance to help clients achieve their marketing goals;
• Platform Integration: Assistance with integrating advertising solutions into existing digital infrastructure and platforms;
• Any other services that may be offered by Ads KNK from time to time as described on the Website.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. The Company may introduce new services, features, or tools from time to time, which shall be subject to these Terms unless otherwise stated.

Ads KNK does not guarantee that the Website or any services will be available at all times or without interruption. We reserve the right to restrict access to certain areas or features of the Website at our discretion.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of accessing and using the Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or submitting any forms on the Website;
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized use of your account;
• Use the Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission Act (FTC Act), the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and any other laws governing advertising and digital marketing;
• Respect the intellectual property rights of Ads KNK and third parties;
• Cooperate with Ads KNK in the performance of services and provide all necessary materials, information, and access in a timely manner.

3.2 Prohibited Activities

You agree that you will not, under any circumstances, engage in any of the following prohibited activities:

• Illegal Activities: Using the Website or services in connection with any illegal activity, fraud, or deceptive practices in violation of applicable federal, state, or local law;
• Spam and Unsolicited Communications: Using our platform to send unsolicited emails, messages, or other communications in violation of the CAN-SPAM Act or any other applicable anti-spam laws;
• Malicious Code: Uploading, transmitting, or distributing any viruses, malware, spyware, ransomware, or other harmful or destructive code or software;
• Unauthorized Access: Attempting to gain unauthorized access to any part of the Website, its servers, or any systems or networks connected to the Website through hacking, password mining, or any other means;
• Scraping or Data Mining: Using automated tools, bots, spiders, or scrapers to extract data from the Website without our prior written consent;
• Intellectual Property Infringement: Infringing upon the intellectual property rights of Ads KNK or any third party, including copying, reproducing, distributing, or creating derivative works without authorization;
• Defamation and Harassment: Posting or transmitting any content that is defamatory, harassing, threatening, abusive, or otherwise objectionable;
• Misrepresentation: Impersonating any person or entity, including Ads KNK employees or representatives, or misrepresenting your affiliation with any person or entity;
• Interference with Services: Interfering with or disrupting the integrity or performance of the Website or services, or the systems or networks connected thereto;
• Fraudulent Advertising: Using the services to create, distribute, or promote false, misleading, or deceptive advertising content in violation of FTC regulations and guidelines;
• Prohibited Content: Using the services to advertise or promote illegal products or services, adult content without appropriate authorization, or content that violates any third-party platform's terms of service;
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any proprietary software used by Ads KNK.

Violation of these prohibitions may result in immediate termination of your access to the Website and services, and may subject you to civil and/or criminal liability under applicable law. Ads KNK reserves the right to report any suspected illegal activity to appropriate law enforcement authorities.

4. Intellectual Property Rights

4.1 Ownership

The Website and all of its contents, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof ("Content"), are owned by Ads KNK, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License

Subject to your compliance with these Terms, Ads KNK grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its Content solely for your personal or internal business purposes in connection with the services. This license does not include the right to:

• Sell, resell, or commercially exploit any Content;
• Modify, adapt, or create derivative works of the Content without prior written consent;
• Reproduce, duplicate, copy, or otherwise exploit any Content for commercial purposes;
• Systematically download or store Content for any purpose other than as expressly permitted by these Terms.

4.3 Trademarks

The Ads KNK name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ads KNK. You must not use such marks without the prior written permission of Ads KNK. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4.4 User Content

If you submit, upload, or otherwise provide any content, materials, or information to Ads KNK in connection with the services ("User Content"), you hereby grant Ads KNK a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, and display such User Content solely for the purpose of providing the services. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe upon any third-party rights.

5. Payment Terms

5.1 Fees and Charges

Certain services offered by Ads KNK may be subject to fees as described on the Website or in a separate service agreement. All fees are quoted in United States Dollars (USD) unless otherwise specified. You agree to pay all applicable fees in accordance with the payment terms established at the time of purchase or as otherwise agreed in writing.

5.2 Payment Methods

Ads KNK accepts payment through methods as indicated on the Website. You authorize Ads KNK to charge your designated payment method for all fees owed. You are responsible for maintaining valid and current payment information.

5.3 Billing and Invoicing

Ads KNK will provide invoices or statements as applicable. Payment is due upon receipt of invoice unless otherwise specified in a written agreement. Late payments may be subject to interest charges at the maximum rate permitted by applicable law.

5.4 Refunds

All fees paid to Ads KNK are generally non-refundable unless otherwise specified in writing or required by applicable law. Ads KNK reserves the right to issue refunds or credits at its sole discretion. Nothing in this section shall limit any rights you may have under applicable consumer protection laws.

5.5 Taxes

You are responsible for paying all applicable taxes, levies, duties, and similar government charges associated with your purchase of services, except for taxes based on Ads KNK's net income. If Ads KNK is required to collect taxes, they will be added to your invoice.

6. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES PROVIDED BY ADS KNK ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADS KNK EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, INCLUDING ADVERTISING CAMPAIGN PERFORMANCE OR RETURN ON INVESTMENT.

ADS KNK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ADS KNK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, Ads KNK's warranties are limited to the minimum scope and duration required by applicable law.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES OF AMERICA:

IN NO EVENT SHALL ADS KNK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR ANTICIPATED SAVINGS;
• LOSS OF BUSINESS OR CONTRACTS;
• LOSS OF DATA OR INFORMATION;
• LOSS OF GOODWILL OR REPUTATION;
• BUSINESS INTERRUPTION;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• ANY OTHER LOSSES OR DAMAGES OF ANY KIND

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF ADS KNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADS KNK'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ADS KNK FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability in this Section apply regardless of the form of action, whether based in contract, tort (including negligence), strict liability, or any other legal theory. Some states do not allow the limitation of liability for consequential or incidental damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Ads KNK and its officers, directors, employees, agents, successors, assigns, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Website or services in any manner that is not expressly authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation, including but not limited to FTC regulations, CAN-SPAM Act provisions, or TCPA requirements;
• Your infringement of any intellectual property, privacy, or other rights of any third party;
• Any User Content you submit, post, or transmit through the Website or services;
• Any misrepresentation made by you in connection with your use of the services;
• Any claims made by your end users or third parties arising from advertising campaigns you have engaged Ads KNK to conduct.

Ads KNK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Ads KNK in asserting any available defenses. You shall not settle any claim without Ads KNK's prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Ads KNK operates, without regard to any conflicts of law principles that would require the application of the law of another jurisdiction.

These Terms are subject to and shall be interpreted in light of applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), the Digital Millennium Copyright Act (17 U.S.C. § 512 et seq.), and any other applicable federal statutes and regulations.

Subject to the dispute resolution provisions set forth in Section 10, any legal action or proceeding arising under or relating to these Terms that is not subject to arbitration shall be brought exclusively in the federal or state courts located in the United States of America, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve any dispute informally by contacting Ads KNK at [email protected]. The parties agree to negotiate in good faith for a period of thirty (30) days from the date of the written notice of the dispute. If the parties are unable to resolve the dispute through informal negotiations within this period, either party may proceed to formal dispute resolution.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that qualify for small claims court and except as otherwise provided herein, you and Ads KNK agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Website or services, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, then in effect, except as modified by this Agreement.

The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award any relief that a court of competent jurisdiction could award.

10.3 Class Action Waiver

YOU AND ADS KNK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Unless both you and Ads KNK agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Website or any services provided by Ads KNK, unless earlier terminated in accordance with this Section.

11.2 Termination by You

You may terminate your use of the services at any time by ceasing all use of the Website and, if applicable, by closing your account and notifying Ads KNK in writing at [email protected]. Termination of your account does not relieve you of any obligations or liabilities that arose prior to termination.

11.3 Termination by Ads KNK

Ads KNK reserves the right, in its sole discretion, to suspend or terminate your access to the Website and services, with or without notice, for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Your engagement in any conduct that Ads KNK determines, in its sole discretion, is harmful to other users, Ads KNK, or third parties;
• Your failure to pay any fees owed to Ads KNK;
• Your provision of false or misleading information during registration or in connection with the services;
• Requests by law enforcement or other government agencies;
• Technical or security issues or problems;
• Extended periods of inactivity.

11.4 Effect of Termination

Upon termination of these Terms for any reason:

• All licenses and rights granted to you under these Terms will immediately cease;
• You must promptly discontinue all use of the Website and services;
• Any fees owed to Ads KNK shall become immediately due and payable;
• Provisions of these Terms that by their nature should survive termination shall survive, including Sections 4, 7, 8, 9, 10, and 13.

12. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Ads KNK. These links are provided for your convenience only. Ads KNK has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any such third parties or their websites.

You acknowledge and agree that Ads KNK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and privacy policies of any third-party websites or services that you visit.

13. Privacy Policy

Your use of the Website and services is also subject to Ads KNK's Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes the types of information we collect from you when you use the Website, how we use that information, and your rights with respect to that information. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent that you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as described in our Privacy Policy.

14. Changes to Terms

Ads KNK reserves the right to modify, update, or revise these Terms of Service at any time in its sole discretion. When we make material changes to these Terms, we will notify you by:

• Posting the revised Terms on the Website with an updated "Last Updated" date;
• Sending an email notification to the address associated with your account (where applicable);
• Displaying a prominent notice on the Website.

Your continued use of the Website or services after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must cease all use of the Website and services. We encourage you to review these Terms periodically to stay informed of any updates.

If we make any changes that materially and adversely affect your rights, we will provide at least thirty (30) days' advance notice where required by applicable law.

15. Electronic Communications

By using the Website and services, you consent to receiving electronic communications from Ads KNK. These communications may include notices about your account, transaction information, and other information concerning or related to the services. You agree that any notices, agreements, disclosures, or other communications that Ads KNK sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

16. Force Majeure

Ads KNK shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics or epidemics, war, terrorism, riots, civil unrest, government action, labor disputes, power failures, internet service interruptions, or any other event beyond Ads KNK's reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, Ads KNK shall promptly notify you and shall use commercially reasonable efforts to resume performance as soon as practicable. If the Force Majeure Event continues for a period of more than ninety (90) days, either party may terminate the affected services upon written notice to the other party.

17. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or void under applicable law, then such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, consistent with the intent of the original provision, and the remainder of these Terms shall remain in full force and effect and shall not be affected, impaired, or invalidated.

In the event that a provision cannot be modified to be made valid and enforceable, it shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision in any particular jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.

18. Waiver

No failure or delay by Ads KNK in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The waiver by Ads KNK of any breach of any provision of these Terms shall not be construed as a waiver of any subsequent breach or of any other provision.

19. Entire Agreement

These Terms of Service, together with the Privacy Policy and any other agreements or policies incorporated herein by reference, constitute the entire agreement between you and Ads KNK with respect to your use of the Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. No oral or written information or advice given by Ads KNK, its agents, or employees shall create any warranty or in any way increase the scope of the obligations set forth in these Terms.

20. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Ads KNK. Ads KNK may freely assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

21. Headings

The section headings used in these Terms of Service are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information provided below:

We endeavor to respond to all inquiries within a reasonable timeframe. For urgent matters related to legal notices or potential violations of these Terms, please indicate the urgency in the subject line of your email communication.