Acceptance
These terms govern your use of the ADPerformance website at adperformance.net and any service we provide unless a separate signed agreement says otherwise. By using the site, you agree to these terms. If you do not agree, do not use the site.
Services
ADPerformance provides direct-response marketing services including media-buying, creative production, tracking and analytics, and brand work. Specific deliverables, timelines, and fees for client engagements are set out in a separate Statement of Work or Master Services Agreement, which prevails over these terms in the event of a conflict.
Use of the site
- You may browse the site for lawful, personal or business research purposes.
- You must not attempt to disrupt the site, gain unauthorised access to any system, scrape it at a volume that degrades service, or use it to distribute malware or unlawful content.
- You must not use any automated system in a way that breaches the
robots.txtdirectives or imposes an unreasonable load.
Intellectual property
All content on the site — copy, code, design, brand marks, photography — is owned by ADPerformance or its licensors and is protected by copyright and trade-mark law. You may not reproduce, redistribute, or create derivative works from any of it without written permission, except for fair-use citation with attribution.
Where a Statement of Work governs a client engagement, intellectual property in the deliverables is allocated as that document specifies.
Disclaimers
The site and its content are provided "as is", without warranty of any kind. We make no guarantee that the site will be available without interruption or error, that any information on it is current, or that any campaign result described is repeatable.
Sample charts and figures shown on the marketing pages are illustrative only and do not represent guaranteed outcomes for any specific advertiser.
Limitation of liability
To the fullest extent permitted by law, ADPerformance is not liable for indirect, incidental, special, or consequential damages arising out of or in connection with your use of the site, including loss of profits, revenue, or data, even if we have been advised of the possibility of such damages.
Nothing in these terms excludes or limits liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
Indemnity
You agree to indemnify and hold ADPerformance harmless from any third-party claim arising out of (a) your breach of these terms, or (b) your unlawful use of the site.
Termination
We may suspend or terminate your access to the site at any time, with or without notice, if we reasonably believe you have breached these terms or applicable law.
Governing law
These terms are governed by the law applicable at our principal place of business. Any dispute arising out of these terms will be resolved exclusively by the courts of that jurisdiction, save where mandatory consumer-protection law gives you the right to bring proceedings in your local courts.
Changes
We may update these terms from time to time. The date at the top of this page reflects the most recent change. Material changes are effective when the updated terms are posted; continued use of the site after that date is acceptance of the new terms.
Contact
Questions about these terms? Email [email protected].