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TERMS & CONDITIONS

AdddON is a digital marketing platform that allows brand owners to connect directly with consumers through a unique personalised (patent pending) co-creation system.
The service provides a two way benefit that allows (1) brand owners to maximise their consumer reach (2) by rewarding the user (consumer) for sharing the co-created personalised (peer to peer) marketing to their personal social network / s / walls / feeds.
The platform comprises of an Internet backend tracking dashboard system for the advertiser and iOS or Android front end engagement App for the user. Together the Internet system and Mobile Apps connect defining the SERVICE.

TERMS OF USE

These Terms of Use relate to your use of the services provided by AdddON Pty Ltd.
(the “Company” or “we” or “us” or “AdddON”).
The Company provides a consumer to brand engagement platform that connects brand owners to consumers. It is a service whereby you are able to upload certain images to its platform and those images may then shared across multiple other platforms. Your images may be used for advertising purposes and you may receive reward for that use. In addition to governing your relationship with us these Terms of Use also govern to the extent applicable your relationship with the brand owners (“Brands”)
By creating an AdddON account or by using the AdddON app, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated by reference into this Agreement and available in the Service (this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
Acceptance of Terms of Use.
1. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement includes the Company’s Privacy Policy and such terms as are disclosed and agreed to by you if you purchase or accept additional features, products or services we offer on the Service.
2. We may in our discretion at any time and for any reason make changes to the Service and to this Agreement. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on AdddON.com and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us by ceasing to use the Service and leaving AdddON.
3. Eligibility. You must be at least 18 years of age to create an account on AdddON and use the Service. By creating an account and using the Service, you represent and warrant that you have the legal and physical capacity to form a binding contract with the Company. If you are under the age of 18 years you are required to notify the Company and provide the consent of your guardian to your use of the Service.
4. To use AdddON you must have or create a Facebook account and sign in using your Facebook login. If you do so, you authorize us to access and use your Facebook account information including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other users of the Service. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
5. In regard to our Privacy Policy you agree that local laws of a country in which you reside or in which the Service are offered or used shall be recognized and adhered to by you.
6. AdddON is not responsible for any consequences of your irregular or wrongful use of the Service including inappropriate content and you indemnify and hold harmless AdddON its affiliates, personnel or associates in respect of any claim made against it by any person in respect of that use. The Company shall have and retain the right to suspend the use by you of the Service and any reward that may be due to you in the event of your irregular use of the Service the determination of which shall remain in the sole and absolute discretion of AdddON. If you submit inappropriate content that results in any damages to a brand owner you agree that AdddON may release to the complainant all your personal information to enable them to pursue you.
7. The type or amount of the reward available to you is shown on the Application at the time of engagement with the brand and is limited to that type or amount as fixed by the brand owner. The brand owner shall determine the reward to users when submitting a campaign and that reward will appear on the template in the Application when you engage with AdddON. The reward shall become available in respect of single engagements. In the event that the reward is in monetary form it will be made to you through PayPal at such intervals as the Company may decide.
8. By submitting any material to AdddON you agree to assign to the Company all your right title and interest in and to that material and in particular all copyright in it. AdddON is hereby appointed your agent for any business opportunities that may arise for your benefit from the use by you of the Service and shall be entitled to receive a sum equal to 20% of all fees received by you from the brand owner or any other source. This clause survives the termination of this Agreement.
9. Term and Termination. This Agreement will remain in full force and effect while you use the Service and/or have an AdddON account. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. The Company may terminate or suspend your account at any time without notice if the Company in its sole discretion believes that you have breached this Agreement. Upon such termination or suspension you will not be entitled to any refund of credits to you remaining unpaid at that time After your account is terminated, this Agreement will terminate.
10. Account Security. You are responsible for maintaining the confidentiality of your Facebook login credentials used by you to sign up for AdddON, and you are solely responsible for all activities that occur under those credentials. You agree to immediately notify the Company of any disclosure to other person/s or unauthorized use of your login credentials at help@adddon.com. You acknowledge that the Company and the Service are neither part of nor endorsed by Facebook or its affiliates.
11. The Company is not responsible (and you waive any claim that you or anyone representing you may have against us) for the conduct of any user. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications. You agree to take all responsibility in all interactions with other users and Brands. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
12. Proprietary Rights. The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, reverse engineer, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree not to remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
13. Content Posted by You in the Service.
13.1 You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Service or transmit to other users, including, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.
13.2 You understand and agree that the Company may, but is not obligated to, monitor or review any content you post as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
13.3 By posting Content as part of the Service and in consideration for the Company providing the platform for you to do so, you grant to AdddON a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content.
13.4 The following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:
• promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• advocates harassment or intimidation of another person;
• requests money from, or is intended to defraud, other users of the Service;
• spams or solicits users of the Service;
• promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
• promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them;
• contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
• violates someone’s privacy, or provides, disseminates or creates computer viruses;
• contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
• impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
• provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
• disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; and
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.
In addition the following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
• impersonate any person or entity.
• solicit money from any users.
• “stalk” or otherwise harass any person.
• express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
• use the Service in an illegal manner or to commit an illegal act.
• access the Service in a jurisdiction in which it is illegal or unauthorized.
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
• interfere with or disrupt the Service or the servers or networks connected to the Service.
• transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
• “frame” or “mirror” any part of the Service, without the Company’s prior written authorization.
• use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
• post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
14. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators. In the event that the Company incurs any costs or expenses, whether legal costs or otherwise (such as in the employment of experts) you will be liable to compensate the Company on a full indemnity basis for all such costs or expenses.
15. Customer Service. The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to be respectful. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
16. Modifications to Service. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
Disclaimers.
17. You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of
(i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service;
(ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications;
(iii) the conduct, whether online or offline, of any user;
(iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or
(v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
18. To the maximum extent allowed by applicable law, the company provides the service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The company does not represent or warrant that the service will be uninterrupted or error free, secure or that any defects or errors in the service will be corrected.
19. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the service.
20. From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors of such content. The company does not:
(i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the service, or
(ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the service.
Under no circumstances will the company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the service, or transmitted to or by any users.
21. Links. The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service are solely between you and such third party. You further acknowledge and agree that the Company 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 the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
22. Limitation on Liability. To the fullest extent allowed by applicable law, in no event will the company, its affiliates, business partners, licensors or service providers be liable to you or any third person for any direct, indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of opportunity, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the company for the service while you have an account.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
23. Arbitration and Governing Law.
Except for users residing within the European Union, Norway and elsewhere where prohibited by applicable law:
• The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the Australian Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
• By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our
Arbitration Procedures.
• Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Sydney, Australia. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
• This Agreement is taken to have been entered into at Sydney Australia, and any dispute between you and the Company, shall be governed by the laws of New South Wales without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by Australian law.
For users residing in the European Union, Norway or elsewhere where this arbitration agreement is prohibited by law, the laws of NSW, Australia, excluding New South Wales’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Sydney, New South Wales, Australia, and you and AdddON consent to personal jurisdiction in those courts.
24. Indemnity by You. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
25. Notice. The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
26. Entire Agreement. This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your AdddON account is non-transferable and all of your rights to your profile or contents within your AdddON account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.
27. In the event that you die, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.