Welcome to Awesome Pumpkin Ads
Awesome Pumpkin Ads is operated by Prolet Borilova(“our”, “us”, “we”, and “APA”) and offers proprietary services and certain content that we may provide through our website (aka“Service”) that is designed to enable you (personally and, if applicable, on behalf of the entity for whom you are using the Service; collectively, “you” or “Customer”) to manage and track client work.
Customer’s Acceptance of this Agreement
Representations About Customer
You represent and warrant to us that you have the power and authority to enter into this Agreement on behalf of you and any third party that you are representing or otherwise acting on behalf of. Also, you represent and warrant that the information that you provide to us will be current, true, accurate, supportable, and complete.
Customer may allow Customer’s employees, independent contractors, and staff (collectively, “Authorised Users”) to use the Service on behalf of Customer. As a condition to such use, Customer shall cause and Authorised Users shall abide by the terms set forth herein. Customer and Authorised Users shall immediately notify us in the event that Customer or an Authorised User becomes aware of any violation of the terms of this Agreement. Customer shall be liable for any breach of the Agreement by any Authorised User. Customer and all Authorised Users will protect the confidentiality of all account information, including usernames and passwords, and will not share such information with any person.
We do not claim ownership rights in the documents, text, files, images, links, works of authorship, client information, or any other materials that Customer uploads, downloads, stores, or shares via the Service (collectively, “Content”). However, by uploading, downloading, storing or sharing Content through the Service, Customer hereby grants us and our third party partners a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, full paid-up, sublicensable and transferable license to the Content, including under any of Customer’s applicable intellectual property or other rights protecting the Content, to use, reproduce, distribute, prepare derivative works of, display, transmit, perform, and adapt the Content, in whole or in part, in any format or medium now known or later developed, in connection with the Service, including without limitation for our business purposes. We reserve the right to remove any of the Content from the Service in our sole discretion if we determine that it may infringe another party’s rights, this Agreement, our policies, or applicable law. We may also delete, without liability, any Content or Data that remains in our Service more than 30 days after Customer’s failure to pay or any termination or suspension of the account.
Customer Representations About the Content
It is important to us that Customers do not use the Service to infringe or violate the rights of others. As such, Customer represents and warrants to us that, Customer has the right to share and store the Content via the Service.
Reservation of Rights with Respect to the Service
We reserve all rights in and to the Service and all related intellectual property not expressly granted under this Agreement. “APA” and all associated logos displayed within the Service are our trademarks (unless otherwise noted). Other trademarks, names and logos within the Service are the property of their respective owners. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensee. If Customer or any Authorised User submits comments, suggestions, or other feedback regarding the Service (“Feedback”), we will be free to use such Feedback for any purpose.
Restrictions on Customer’s Use of the Service
Customer may not and may not permit its Authorised Users or any third party to rent, lease, lend, sell, redistribute, reproduce, sublicense the Service, or host the Service in a multi-tenant environment. Customer and Customer’s Authorised Users may not, directly or indirectly, (i) copy, decompile, reverse-engineer, disassemble, decode, decrypt, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof, (ii) remove or destroy any copyright notices, proprietary markings or confidential legends placed upon or contained within the Service or any copies thereof, or (iii) engage in any activity with the Service that interferes with, disrupts, damages, or accesses in an unauthorised manner the servers, networks, or other properties or services of any third party. Customer shall not exploit the Service in any unauthorised way whatsoever, including, but not limited to, in furtherance of criminal, fraudulent, or other unlawful activity, by trespass or burdening network capacity. Customer must comply with applicable laws and regulations in using or accessing the Service, including any data provided via the Service. We reserve the right to monitor the Service and access your account for the purpose of determining that your usage is in compliance with this Agreement and for other support and customer service purposes.
Intellectual Property Infringement
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Content or other user submissions that violate intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Service in violation of someone’s intellectual property rights.
If you believe your copyright or other intellectual property right is being infringed by a user of the Service, please provide written notice firstname.lastname@example.org
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and email address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
Submitting a copyright notification (DMCA Counter-Notification)
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received copyright notification. In response, you may provide our agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Service who is the subject of repeated copyright or other infringement notifications.
Third Party Privacy Policies
Third Party Terms
Similarly, to enjoy certain third party offerings and services (“Third Party Services”), certain third party terms (each, “Third Party Terms”) may apply. Third Party Terms may be presented for review and acceptance at the time that Customer undertakes such activity within the Service, and any such Third Party Terms shall constitute an agreement between Customer and such third party. We are not responsible for Third Party Services.
Limitations on Availability
The Service or some aspects thereof may not be available in all languages or in all countries. We make no representation that the Service is available or permitted in any particular location. Use of the Service is void where prohibited. Customer uses the Service at its own initiative and is responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Service as required by law.
Support and Maintenance
We will provide Customer with a commercially reasonable amount of email support regarding use of the Service. Scheduled system maintenance shall take place from time to time, and during such time, the Service may be unavailable. Emergency maintenance may be required at other times in the event of system failure. We make no guarantees about Service uptime.
This Agreement is effective until terminated by Customer or us or so long as Customer continues to use the Service (whichever is later). Customer’s right to use or access the Service will terminate automatically without notice from us if Customer or any Authorised User fails to comply with any term(s) of this Agreement. Upon termination of the Agreement, Customer and its Authorised Users shall cease all use of or access to the Service. Notwithstanding the forgoing, any use by Customer of the public portions of the APA website will be governed by this Agreement. Customer acknowledges that except to the extent we otherwise agree in writing or in the Supplemental Terms (defined below), we may restrict, modify, or terminate the Services or Customer’s access to the Service, without liability, for our convenience; provided that if we terminate this Agreement for our convenience we will refund a pro rata portion of any pre-paid fees. You may cancel the Service at any time by sending an email requesting cancellation to email@example.com. Your cancellation will be effective as of the end of your billing cycle, if applicable, as long as you notify us at least 7 days before the end of the cycle. Otherwise, the cancellation will be deemed given in the following billing cycle.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, ANY THIRD PARTY SERVICES AND ANY DATA PROVIDED VIA THE THIRD PARTY SERVICES OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE, OUR LICENSORS AND THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
CUSTOMER UNDERSTANDS AND AGREES THAT ANY USE OF THE SERVICES, THIRD PARTY SERVICES OR DATA PROVIDED VIA THE THIRD PARTY SERVICES OR SERVICES WILL BE AT CUSTOMER’S SOLE RISK, AND THAT, IF THERE IS ANY LIABILITY IN CONNECTION WITH THE SERVICES, INCLUDING LIABILITY ARISING FROM A SECURITY BREACH OR JETPACK WORKFLOW’S LACK OF COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS OR DATA PRIVACY PROTECTION, SUCH LIABILITY IS SOLELY WITH JETPACK WORKFLOW AND NOT ITS LICENSORS OR THIRD PARTY SERVICE PROVIDERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE OR OUR AFFILIATES HAVE LIABILITY TO CUSTOMER FOR DAMAGES IN EXCESS OF THE AMOUNT OF TWENTY-FIVE DOLLARS ($25) OR THE AMOUNT CUSTOMER PAID FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO CUSTOMERS.
The data and the files that Customer enters into the service shall, except to the extent provided herein, constitute the confidential information of Customer (“Confidential Information”). Except as is set forth herein, we agree not to disclose your Confidential Information and agree only to use the Confidential Information in connection with the Service. We may disclose Confidential Information as may be required by law or pursuant to court order. Confidential Information shall not include any information which (i) is now, or hereafter becomes, through no act or failure to act on our part, generally known or available to the public without breach of this Agreement by us; (ii) was acquired by us without restriction as to use or disclosure before receiving such information from the disclosing party; (iii) is obtained by us from a third party authorized to make such disclosure; or (iv) is independently developed by us without use of or reference to your Confidential Information.
Customer shall own all right, title, and interest in and to the data that is collected by us from Customer in connection with Customer’s use of the Service (“Data”). Customer grants and agrees to grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up license to use such Data (a) in order to provide Service to Customer; (b) for statistical use (provided that such data is not identifiable to Customer); and (c) as necessary to monitor and improve the Service. Customer acknowledges that to the extent that it transmits account or payment information via the Service in payment therefore, such data may be governed by the terms of third party payment processors.
Consent to Receive Commercial E-Mail
We may need to be able to communicate with Customer about the Service and would like to make certain commercial offers available to Customer from time to time. You consent on behalf of customer and authorised users to receive commercial emails from us and/or our partners, and acknowledge and agree that your primary email addresses and other information may be used for the purposes of initiation of commercial email messages. We will allow Customer to opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service), Customer will need to terminate its account.
We may modify the terms of this Agreement from time to time. Any such modification shall be effective when we notify Customer of the modification (via an update to the terms delivered via email or through the Service) and Customer subsequently signifies its acceptance or uses the Service.
Service fees and pricing are set forth in the Subscription Plan. We may update the pricing at any time by providing you with notice by email or through the Service. Unless otherwise stated in our notice, updated prices will apply to Services for the monthly billing cycle following the delivery of such notice. All fees are due and payable in Euros and are exclusive of applicable sales, excise, use, or similar taxes.
If you start a yearly plan, your payment will recur on the same date of the following year. If the event you wish to terminate your service, we need at least 7 days to terminate your account. If you’re on a yearly plan, your renewal is set based on the date you started the current yearly plan. If you decide to no longer use APA on a yearly plan, and 30 days has passed since your payment, you will not receive a refund.
Your account is automatically billed on the day of your billing cycle. You will not be charged a pro-rated amount for changes made between billing cycles. Other than as expressly set forth in this Agreement, there are no refunds for past charges and we do not give pro-rated or partial refunds. If you cancel your account, you will not be billed again. We use PayPal gateway. Upon failure of a payment we will immediately suspend your account. Upon account cancellation, we will erase all your data from the system within 3 days. You are responsible for ensuring you have any necessary local backups of your data before requesting cancellation. If you decide to no longer use APA, are on a yearly plan, and 30 days has passed since your payment, you will not receive a refund.
Neither party shall be in default for failing to do any obligation hereunder, under than the payment of monies, if such failure is caused by supervening conditions beyond the parties’ respective control, including without limitation, acts of nature, illegal acts of third parties, civil commotion, strikes, terrorism, failure of third-party networking equipment, failure of the public Internet, power outages, labor disputes, or governmental demands.