TERMS OF USE

Latest update on 01.03.2018

Adstream Romania is based in Romania, Bucharest, 16 Maiorului Street and is registered at the Trade Registry Bucharest under no. J40/13675/2017, fiscal code RO 38044063, mail hello@adstream.com.ro (“Adstream”).

By accessing this web site, adstream.com.ro (the “Site”), you automatically acknowledge and agree to observe these Terms of Use and Privacy Policy and that You comply with all legal restrictions applicable to the use of the Site. Please read them carefully.

If you think that you cannot carry out the liabilities mentioned in this Terms of Use, or the conditions of approval/allowance, please do not use this Site. Additionally, if you are under the age limit required for declaration of acceptance, or if you have any disability in question, do not use this site Since your declaration of acceptance will not be legally valid.

Site is updated and renewed regularly by Adstream in order to provide and optimize services for You (“You” term is used as a general definition referring to any natural person or organization who accesses this Site, including it’s Customers, if any.) In line with changes and updates, information and content offered in Site will change. Adstream reserves the right to change or discontinue, temporarily or permanently, the Terms of Use and Specific Terms of Use and bring new/additional provisions at any time with or without prior notice. Adstream can also make changes to the Site, or to the products/services described therein, at any time without notice. However, Adstream makes no commitment to update the Site.

These Terms of Use and the Specific Terms of Use presented in the Site, Customers Section / Account Section apply generally to all Adstream services and products (“Products”) and govern any and all commercial relationships between You and Adstream.

Any and all Agreements, Schedules or documents signed by Adstream and You (including but not limited to invoices issued by Adstream for services presented on this Site) are supplemented with these Terms of Use, Privacy Policy and Specific Terms of Use (as updated by Adstream), and such terms are fully applicable even in the absence of a signed binding document (such as an agreement). Any reference in agreements, schedule or any other annexes to the Adstream terms and conditions will include the present Terms of Use, the Privacy Policy and the Specific Terms of Use, as last updated and presented on the Site.

If there is any inconsistency between any of the terms set out in Terms of Use, Privacy or Specific Terms of Use and any agreement signed by the Adstream and You, the terms set out in the agreement will prevail to the extent of any inconsistency.

A. Using Contents and Products. Liability.

1. Certain contents offered on Site including but not limited to Adstream brand, presentation material, data file, written text, information, news, views, recommendations, advertisements, music, sound, video, photograph, images, software (“Content“) can be published directly by Adstream, or through other resources.

2. Site may contain links to external websites. In such cases, Adstream shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Adstream makes no warranty and disclaims all liabilities whatsoever concerning the correctness and security of information, communication, commercial electronic mails transmitted via other websites or linked sites and all other websites that are linked and mentioned websites on this Site. By Your use of the Site, You agree that You must evaluate, and bear all risks associated with the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content.

3. You have no right to sell products or services, make commercial advertisements and announcements and perform similar actions and merchandise by using Site pages and Site Content. The right of creating links to our website(s) is strictly forbidden. Exceptions are only allowed with our written approval.

4. Adstream reserves the right to determine the Content of Site, and publish advertisements and promotions. Ads and promotions are not to be related directly to the Site.

5. By using Site Content You are deemed to acknowledge the risks that may occur due to the content collected via this Site. Any material downloaded or otherwise obtained through the use of the Site is done at Your sole discretion and risk and You who will be solely responsible for any damage to Your computer, system or other device or loss of data that results from the download of any such material.

6. To the fullest extent permitted by applicable law, You will assume all responsibility and risk for the use this Site in any manner.
You reserve the right to take an action (or not) based upon Site Content. By visiting this Site You will be subject to the legal consequences that may occur as a result of any action You take. 

7. Adstream, Adstream’s related bodies corporate and Adstream’s licensors are not liable for any indirect or consequential loss or damage, lost profits, lost revenue, lost data or business interruption suffered or incurred by You or any other person arising out of or in connection with using the provision of the Adstream Products, whether arising from breach of contract or in tort.

8. Adstream disclaims all liability whatsoever for the correctness and authenticity of the content including all kinds of views, information, evaluation, comments and statistical charts and values that are offered on sources accessed over the Site.
At the same time, Adstream disclaims all liabilities concerning errors and omissions, temporary or permanent inability to use the Site (downtime), deficiency, inaccuracy of content, direct and/or indirect losses that may incur while collecting data, loss of profit, pecuniary damages and third party damages that may occur while visiting the resources accessed over the Site. Adstream reserves the right to stop, cancel the data flow in question or change and/or remove information without any prior notice. 

9. This Site is offered “AS IS”; Adstream makes no verbal, private or written or any other kind of warranty in the broadest sense provided by the law. 

10. Statements and explanations on Site and Content in promotional material are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by You from any published Adstream description of or advertisement except to the extent Adstream has expressly confirmed such warranty or undertaking in writing.
Adstream disclaims all liabilities to You regarding all type of damages (direct or indirect) that may result due to the Site and Site Content.
Adstream reserves the right to shut down this Site, change all Site Content partially or fully, including visual design and similar elements, disconnect or charge the services without prior notice.

11. Any reference to Adstream in this chapter will include also Adstream’s related bodies corporate and Adstream’s licensors.

B. Copyright

1. Adstream respects the intellectual property rights of others, and we expect You to do the same by using the Site. The Site is controlled and operated by Adstream. All content on the Site is protected by copyrights which are owned and controlled by Adstream or by other parties that have licensed their materials to Adstream. Unless otherwise specified, the content on this Site is for presentation purposes (unless you access the Customer Section / Account Holder) and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell content obtained from the Site without written permission from Adstream.

2. Using our Site or Products does not give you ownership of any intellectual property rights in our Products or the content You access. You may not use content from our Products or Site unless You obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Products or on the `Site. Don’t remove, obscure, or alter any legal notices displayed in or along with our Products.

4. If You believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please send a Notice to Adstream at the email address mentioned herein.

3. If you believe that Adstream Product or documentation is being copied, sold or distributed without licenses or permission from Adstream, please contact us using the addresses mentioned under Contact.

C.Collecting Visiting Information

When this Site is visited, web servers connects to the visitor’s computer and starts to collect information automatically. Additionally, the number of visitors, sections preferred by the visitors, IP addresses, domain type, browser type, date and hour etc information including the circulation on Site are monitored, inspected and stored. Users are deemed to acknowledge that Adstream reserves the right to collect, process and keep the aforementioned.

D. Prohibition on Interference

It is prohibited to violate or attempt to violate the security of this Site. In case of such attempts, criminal charges can be taken. If such violation occurs, the access of the relevant person and You to this Site is terminated, and their accounts are cancelled. If You performed the deed of violation You may be subject to financial, penal and judicial charges according to the law.

E. Site Policies

1. Criminal Acts: You shall not perform: i) any action that is considered as a crime both in local legislation and internationally ii) and shall not act against the statutory rules and directives of European Union.

2. Prohibited Acts: You are deemed to acknowledge and undertake not to run and use software which allows sending more messages than a person is capable of sending to Site Server within a certain period of time.

F. Termination

Your Account and access to this Site can be terminated without prior notice. You must follow the relevant steps concerning cancellation of Your Account in case it is requested by the Site. Adstream can also cancel, block and terminate Your Account without prior notice in case: (i) You violate the Terms of Use or Specific Term of Use mentioned in the Site, (ii) You have no right use due to legal restrictions, (iii) pursuant to the provisions of law or competent authorities acts, (iv) access facility is removed due to legal regulations or force majeure, (iv) transmission of Site is suspended, stopped or terminated at Adstream’s sole discretion.

You agree that Adstream may, in its sole discretion, at any time, terminate or limit your access to, or use of the Site or any material or Customer Content. In the event you are in material breach of these Terms of Use or the Specific Terms of Use, Adstream may, at its sole discretion, suspend or terminate your account, delete your content from the Site, and refuse you any current or future use of a Adstream website, without notice. Adstream shall not be liable to you or any third party for any such suspension or termination.

G. Contact of Notification

It is acknowledged that e-mail sent at Your contact information provided in Site will incur the same legal consequences than a written notification.

H. “Privacy Policy” sections of the Site are deemed to be included in these Terms of Use and the Specific Terms of Use.

I. Applicable Law

These Terms of Use of [www.adstream.com.ro] are governed by the Romania Law. The Romanian courts will have exclusive jurisdiction over any claim arising from or in relation with or with reference to the utilization terms and conditions of this Site, or any claim in which these Terms of Use and/or this Site are considered as relevant facts for such disputes.

J. Contact

For further information concerning the Terms of Use of website at www.adstream.com.ro please send us an e-mail via privacy@adstream.com.ro