Terms of Service
Welcome to AppZilo! Thanks for using our products and services ("Services").
Use of the terms "we" and "us" in these Terms means AppZilo.
AppZilo reserves the right to amend the Terms at any time, in its sole discretion, by posting changes at http://www.appzilo.com or such other URL that AppZilo may provide from time to time. Your continued use of any part of the Services following the posting of such amendments will constitute your acceptance to the Terms.
1. Your Account
- By creating an Account, you represent and warrant that (a), if you are an individual, you are at least 18 years old, and (b) if you are a company, you are appropriately licensed and are legally permitted to conduct business.
- You agree to be financially repsonsible for your Account and to comply with your reponsibilities and obligations as stated in these Terms and in any policies or procedures posted on the Services.
- As a condition to use the Services, you will be required to complete the registration with email address and password. You agree that you will not knowingly select or use the email address of another person or impersonate another party, use an email address subject to the rights of any other party without authorization, or use an email address that AppZilo, in its sole discretion, deems inappropriate or offensive. You solely responsible for the accuracy of your information and keeping it up-to-date and for maintaining the confidentiality of your password. You agree to immediately notify AppZilo of any unauthorized use of your Account or any other breach of security of which you become aware. You also understand and agree that you will be liable for any activity performed by anyone using the Services with your Account.
- AppZilo reserves the right to terminate or to suspend access to your Account at any time. Reasons include but are not limited to your breach of any of these Terms, any credit or payment issues, if we are unable to verify any information you provide to AppZilo, and if we believe that your actions are illegal, fraudulent, harrassing, abusive, or may cause legal liability or other harm for AppZilo.
- Payments to you may be withheld to reflect
or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined
by AppZilo in its sole discretion. Invalid activity is determined by AppZilo in all cases and includes, but is not limited to,
- Spam, invalid queries, invalid impressions or invalid clicks on Ads generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from your IP addresses or computers under your control;
- Clicks solicited or impressions generated by payment of money, false representation, or requests for end users to click on Ads or take other actions;
- Clicks or impressions co-mingled with a significant amount of the activity described above.
2. Your Use of Services
In connection with your use of the Services or your Account, if you are a publisher or advertiser, you agree to:
- Install and use AppZilo's ad serving code on your website at all times that you publish ads through the Services;
- Accept AppZilo's Terms for release of statiscal information (You agree that such statistics are estimates only and are subject to revision for reasons that include but are not limited to processing errors or the discovery of fraudulent clicks, and that updates of statistics are generally released, but not guaranteed for, several times a day);
- Notify us via email if you wish to permanently close your Account
- Accept AppZilo's Terms for payment and withdrawal as described in the Account dashboard.
In addition to your use of the Services, you agree not to:
- Violates any applicable law, statute, ordinance, or regulations, including but not limited to those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising, and U.S. export and import laws (such as the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce);
- Offer or disseminate fraudulent goods, services, schemes, or promotions (such as make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
- Infringe any party’s copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy
- Violate any confidentiality or nondisclosure obligations you have with other parties;
- Remove any proprietary notices from the Site;
- Act in a manner that is defamatory, libelous, slanderous, threatening or harassing;
- Act in a manner that victimizes harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Provide false, inaccurate or misleading information, impersonate any person or entity, or otherwise misrepresent your affiliate with a person or entity;
- Harvest, collect or disseminate any information about any other Site users or Account holders, including but not limited to any personal data or information, or use such information for marketing purposes unless you receive such Site user’s or Account holder’s express consent to do so;
- Offer or otherwise make available any form of adult, sexually-oriented, or obscene content or services, including without limitation, any pornographic materials, any materials which require individuals to be 18 or older to view or purchase, any escort services, and any adult websites;
- Offer or otherwise make available any form of gambling;
- Use or promote any means to artificially inflate impressions and/or clicks or use deceptive implementation methods to obtain clicks, whether manual or automated, including but not limited to clicking your own ads, asking others to click ads, offering compensation to users for viewing ads or performing searches, promising to raise money for third parties for such behavior or placing images next to individual ads, or using robots or other automated tools;
- Attempt to open a new Account after AppZilo has terminated your Account for breach of the Terms;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Site;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Modify, adapt, translate, prepare derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code from the Site, its software or technology, or attempt to create a substitute or similar service, product or website through use of or access to the Site or technology related thereto;
- Hack the Site, or attempt to defeat or overcome any security measures or encryption technology for the Site or any related data;
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or use any device, software or routine to attempt to interfere with use of the Site;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
- Take any action that may cause AppZilo to lose any of the services from its internet service providers, payment processors, or other suppliers.
3. Content of your Advertisements
All content in advertisements bought or sold through this Site, including without limitation data, text, images, sound, video and other information and materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the party from which such Content originated. You, therefore, are solely responsible for all Content that you submit to be placed as advertising or that you upload, post, display, email, transmit or otherwise make available through the Site. AppZilo does not control the Content and does not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will AppZilo be liable in any way for any Content, including but not limited to any errors or omissions therein or any loss or damage of any kind incurred as a result of the use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness thereof.
4. Copyright, Licenses & Trademarks
- The entire contents of the Services are protected by international copyright and trademark laws. In addition, the entire Site is protected as a collective work under copyright laws. The collective work includes works that are licensed to AppZilo and that are the property of AppZilo’s licensors, which are also protected by copyright and other intellectual property laws. The copying, redistribution, framing, use or publication by you of any such matters or any part of the Services is strictly prohibited.
- All trademarks, service marks, logos, trade names, and any other proprietary designations of AppZilo used herein are trademarks or registered trademarks of AppZilo. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
5. Third Party Sites
AppZilo may have links or direct you to websites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over any Third Party Properties. We are not responsible for the content and operation of such Third Party Properties, or the privacy or other practices of such Third Party Properties.
6. Intellectual Property Rights
You are prohibited from providing materials that infringe third party intellectual property rights (including
copyright). If you believe that your intellectual property rights have been infringed in our Services, please
send us email with the following information:
- A description of the copyright, trademark or other intellectual property right that you claim has been infringed;
- A description of where the materials that you claim is infringing is located on the Services, with sufficient detail so that we may find it (such as the advertiser’s or publisher’s name and URL of the page where it appears);
- Your name, address, telephone number and email address;
- Include the following statement, if true, "I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the owner, its agent, or the law.";
- Include the following statement, if true, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.";
- An electronic signature of the owner or a person authorized to act on behalf of the owner of the copyright or other right(s) that have been allegedly infringed.
- Please send the written notification to .
- If you inform us that your rights are being infringed by one of our users we may, in our discretion, remove the infringing materials from being available on the Services and, if such user continues to infringe your rights (or infringes the rights of others), we will terminate such user’s use of the Services.
- Please note that you will be liable for damages, including costs and attorneys’ fees, if you materially misrepresent that any material is infringing your intellectual property rights.
7. Termination of Service
- AppZilo may terminate the service with or without cause at any time, effective immediately and without prior notice. AppZilo may terminate a member via written or email notice as necessary. Request of Termination initiated by member must be requested via email. AppZilo shall not be liable to member or any third party for Termination of Service.
- Upon termination of the Service, member’s right to use the service instantly ceases. Member shall have no right, and AppZilo shall have no obligation thereafter, to forward any information associated with member’s account. Member who manages his own account, has always the possibility to end an ad campaign. The amount of advertising that is not consumed, is not refundable.
You agree to indemnify, defend and hold harmless AppZilo, its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) and expenses incurred or suffered by such Indemnitees arising out of, or in connection with, any claim based upon or arising out of (i) any breach or violation of these Terms or any policy or guidelines referenced herein by you; (ii) your gross negligence or willful misconduct; (iii) your submission of Content ; or (iv) your use or misuse of this Services.
9. Disclaimer of Warranties
APPZILO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICES TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICES ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, APPZILO DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR VIRUS-FREE OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL APPZILO, ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR ANY SERVICES PROVIDED THERETO (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) IN EXCESS OF THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO APPZILO DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL APPZILO, ITS AFFILIATES AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, SERVICE INTERRUPTION, DEVICE OR COMPUTER FAILURE, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF APPZILO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT AND RECOURSE WITH ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE. The foregoing limitations allocate the risks between AppZilo and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.
Dated: August 6, 2014