Terms Of Use
Last Updated January 01, 2020
In these Terms, the terms (“we” , “us” ,“Our”) refer to Niutux. The term “Site” refers to the website smartyads.com. An (“Account”) is an advertiser or website publisher’s registered account on the Niutux Site. The term (“Terms”) refers to the terms and conditions outlined below. (“Content”) includes data, text, images, sound, video, and other types of information and materials. (“Copyright Information”) refers to the content, structure, layout, graphics, design, compilation, and other elements related to Niutux and the Site. (“Trademarks”)includes all logos, trademarks, service marks, trade names, and other proprietary identifiers associated with Niutux.
Niutux provides advertisers and website publishers with access to the Site, enabling them to buy and sell ads. By using the Site or creating an Account, you agree to be bound by these Terms of Use. Please ensure you review these Terms before registering for an account. If you do not agree with the Terms, you must refrain from using the Site or creating an Account.
Niutux reserves the right to amend these Terms at any time, without prior notice. All changes will be posted on the Site and will take effect immediately upon being posted, without notice to you. It is your responsibility to regularly check these Terms to ensure you remain in agreement with any modifications. Continued use of the Site indicates your acceptance of the revised Terms of Use.
1. Acceptance of Terms
1.1. Binding Agreement: These Terms constitute a legally binding agreement between you (the “User” or “Client”) and Niutux. By accessing or using our Services, you represent that you have read, understood, and agree to be bound by these Terms, including any updates or modifications that may be made in the future.
1.2. Modification of Terms: We reserve the right to modify, amend, or update these Terms at any time, and such changes will be effective upon posting. We recommend that you periodically review these Terms for any changes. Your continued use of the Services after such modifications will constitute your acceptance of the updated Terms.
2. Services Provided
2.1. Digital Advertising: We offer digital advertising services, including programmatic advertising, display ads, search engine marketing, social media advertising, and other forms of online advertising. These services may include, but are not limited to, campaign management, targeting, optimization, reporting, and analytics.
2.2. Programmatic Advertising: Programmatic advertising refers to the automated buying and placement of digital ads using algorithms and data-driven strategies. We may use third-party ad exchanges, demand-side platforms (DSPs), supply-side platforms (SSPs), and other technologies to serve ads to targeted audiences.
2.3. Video Editing Services: Our video editing services include the creation, editing, and production of video content for digital campaigns, social media, websites, and other platforms. This includes video editing, post-production services, color grading, sound design, animation, and the creation of video ads.
3. User Responsibilities
3.1. Eligibility: To use our Services, you must be at least 18 years of age or the legal age of majority in your jurisdiction. By using our Services, you represent and warrant that you are of legal age to form a binding contract.
3.2. Account Creation: To access certain features of our Services, you may be required to create an account. During account registration, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.
3.3. Ad Content: You are solely responsible for the content, design, and quality of any advertisements or videos you submit to us for processing or distribution. You agree not to submit any content that:
Violates any applicable law or regulation.
Infringes the intellectual property rights of others.
Contains defamatory, offensive, discriminatory, or obscene content.
Promotes illegal activities or violates any third-party rights.
Engages in deceptive or misleading advertising practices.
3.4. Compliance with Laws: You agree to comply with all applicable laws, regulations, and guidelines, including but not limited to data protection laws, intellectual property laws, and advertising standards.
4. Payment Terms
4.1. Fees and Charges: Our Services are subject to fees, which will be outlined in the pricing schedule, proposal, or agreement at the time of service request. We reserve the right to modify fees for our Services at any time, provided we give prior notice.
4.2. Payment Methods: Payment for Services may be made via credit card, bank transfer, or other methods specified in your agreement. You agree to provide accurate and complete payment information.
4.3. Invoicing and Billing: We will issue invoices for Services rendered according to the payment terms specified in your agreement. You are responsible for ensuring that payments are made on time. Late payments may incur interest or penalties as specified in your agreement.
4.4. Refund Policy: Payments for Services are generally non-refundable. However, in certain circumstances, such as a service failure due to our fault, you may be eligible for a partial or full refund. Refund requests must be made in writing within 60 days of the transaction.
5. Intellectual Property
5.1. Ownership of Content: You retain ownership of any content, including videos, images, and advertising materials, that you provide to us for editing or display. By submitting such content, you grant [Company Name] a non-exclusive, worldwide, royalty-free license to use, modify, and distribute the content for the purpose of delivering the requested Services.
5.2. Company Intellectual Property: All materials, logos, trademarks, software, technology, and other intellectual property created or provided by Niutux in the course of providing Services remain the exclusive property of Niutux or its licensors. You may not use or reproduce any of these materials without prior written consent.
5.3. Rights to Edited Videos: Upon completion of a video editing project, we will deliver the edited video to you. The ownership of the final video product, including the right to use and distribute the video, is transferred to you upon full payment for the Services. However, we retain the right to use portions of the video for promotional purposes unless otherwise agreed in writing.
6. Data Privacy and Protection
6.1. Privacy Policy: Your use of our Services is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our Services, you consent to the practices described in the Privacy Policy.
6.2. Data Security: We take reasonable precautions to protect your data from unauthorized access, disclosure, or destruction. However, we cannot guarantee the absolute security of your data. You agree to provide secure methods of data transmission when necessary.
6.3. Data Retention: We retain your data only for as long as necessary to fulfill the purposes of the Services or as required by law. After this period, your data will be deleted or anonymized.
7. Advertising and Content Guidelines
7.1. Ad Placement: We do not guarantee specific placements or results for digital advertisements. All advertising placements will be made in accordance with your selected campaign strategy and budget, using best efforts to meet your objectives.
7.2. Ad Performance: The performance of digital ads depends on many factors, including the target audience, ad content, bidding strategy, and external factors like platform algorithms. We provide performance reports based on available data, but we do not guarantee specific results, such as clicks, conversions, or sales.
7.3. Compliance with Advertising Standards: All digital ads must comply with applicable advertising standards, including the [Federal Trade Commission (FTC) regulations], [Google Ads policies], [Facebook Ads policies], and other relevant advertising guidelines. We reserve the right to reject ads that do not meet these standards.
8. Miscellaneous
8. Miscellaneous
8.1. Force Majeure: We are not liable for any failure or delay in the performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, strikes, pandemics, and technical failures.
8.2. Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.
8.3. Entire Agreement: These Terms constitute the entire agreement between you and [Company Name] regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral.