Terms of Service
keypoint-media.com services are subject to the following Terms of Service ("TOS"), which may be occasionally updated by us without prior notice. Additionally, when using particular keypoint-media.com-owned or operated services, you and keypoint-media.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted at any time. All such guidelines or rules are, hereby, incorporated by reference to the TOS. keypoint-media.com may also offer other services that are governed by different Terms of Service.
2. Description of Service
keypoint-media.com provides users with access to a varied scope of resources, including various traffic generation tools, shopping services, personalized content and branded programming through its network of properties. These resources may be accessed through any various medium or device either now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for keypoint-media.com to provide the Service. You also understand and agree that the Service may include certain communications from keypoint-media.com, such as service announcements and administrative messages, and that, should you become a member of keypoint-media.com at any time, these communications are considered part of keypoint-media.com membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new keypoint-media.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that keypoint-media.com assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that keypoint-media.com may create certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas, should they be created at any point. Otherwise, all users of the Service should be at least 13 years of age.
3. Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under Japanese laws or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself, as prompted by the Service’s registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, keypoint-media.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. keypoint-media.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). keypoint-media.com is concerned about the safety and privacy of all its users, particularly children.
5. Membership Accounts
While not a requirement for the use of the Service, you may at some point receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify keypoint-media.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out of your account at the end of each session. keypoint-media.com cannot and will not be liable for any loss or damage arising from your failure to comply with Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other material ("Content"), whether publicly posted or privately transmitted, are at the sole responsibility of the person from whom such Content originated. This means that you, and not keypoint-media.com, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. keypoint-media.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will keypoint-media.com be liable, in any way, for any Content, including, but not limited to, any errors or omissions of any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another person’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a keypoint-media.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law, or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned, or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such a purpose;
- upload, post, email, transmit or otherwise make available 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Service users’ ability to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service, servers, or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass others; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth above in paragraphs "a" through "m".
You acknowledge that keypoint-media.com may or may not pre-screen Content, but that keypoint-media.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, keypoint-media.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by keypoint-media.com or submitted to keypoint-media.com, including, without limitation, information in keypoint-media.com Message Boards and in all other parts of the Service. You acknowledge, consent and agree that keypoint-media.com may access, preserve and disclose your account information and Content if required to do so by law or in a goodwill belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of keypoint-media.com, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by keypoint-media.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded in the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided in the Service, in whole or in part, is strictly prohibited.
7. International Communication
When you register with keypoint-media.com or make use of the Service, you acknowledge that in using keypoint-media.com services to send electronic communications (including, but not limited to email, search queries, sending messages to keypoint-media.com Services, and other Internet activities), you will be causing communications to be sent through keypoint-media.com’s computer networks, portions of which are located in the United States and portions of which are located in other countries. As a result, and also as a result of keypoint-media.com’s network architecture and business practices, and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of international communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, you acknowledge that use of the service results in international data transmissions
8. International Warning
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. Submitted Content
keypoint-media.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant keypoint-media.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
1.With respect to Content you submit or make available for inclusion on publicly accessible areas of keypoint-media.com, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service is solely for purposes of providing and promoting the specific Content which was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or keypoint-media.com removes such Content from the Service.
2.With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service,, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service is solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or keypoint-media.com removes such Content from the Service.
3.With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part), and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the keypoint-media.com network of properties that are intended by keypoint-media.com to be available to the general public. By way of example, publicly accessible areas of the Service would include the keypoint-media.com.net website and all areas of such sites which members of the general public can access.
10. Contributions and Feedback
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to keypoint-media.com through its suggestion or feedback webpages or via email, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) keypoint-media.com is not under any obligation of confidentiality, expressed or implied, with respect to the Contributions; (c) keypoint-media.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) keypoint-media.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of keypoint-media.com without any obligation of keypoint-media.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from keypoint-media.com under any circumstances.
You agree to indemnify and hold keypoint-media.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
13. Use and Storage Practice
You acknowledge that keypoint-media.com may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on keypoint-media.com’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that keypoint-media.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that keypoint-media.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that keypoint-media.com reserves the right to modify these general practices and limits from time to time.
14. Modification and Editing Practice
keypoint-media.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that keypoint-media.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that keypoint-media.com may, under certain circumstances and without prior notice, immediately terminate your keypoint-media.com account, any associated email address(es), and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your access to the Service account includes (a) removal of access to all offerings within the Service, including but not limited to keypoint-media.com paid and free products, services, communication, assistance, and all other access, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in keypoint-media.com’s sole discretion and that keypoint-media.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Your correspondence or participation in promotions, or business dealings with advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other advertiser. You agree that keypoint-media.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because keypoint-media.com has no control over such sites and resources, you acknowledge and agree that keypoint-media.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that keypoint-media.com 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 use of, or reliance on any such Content, goods or services available on, or through any such site or resource.
18. Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by keypoint-media.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. keypoint-media.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree to neither modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by keypoint-media.com for use in accessing the Service.
19. Disclaimer of Warranty
You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. keypoint-media.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- keypoint-media.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
- 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 any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from keypoint-media.com or through or from the service shall create any warranty not expressly stated in the TOS.
- A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
20. Limitation of Liability
SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT keypoint-media.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF keypoint-media.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. Limitation and Exclusion
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 19 and 20 may not apply to you.
22. Financial Warning
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections (19 and 20) again. They go doubly for you. Additionally, for this type of particular information, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. keypoint-media.com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. Third Party Beneficiaries
You agree that, except as otherwise expressly stated in this TOS, there shall be no third-party beneficiaries to this agreement.
keypoint-media.com may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service.
The keypoint-media.com, keypoint-media.com, keypoint-media.com logo, "Get Votes. Get Traffic. Get Paid." tagline, trademarks and service marks, and other keypoint-media.com product and service names are trademarks of keypoint-media.com (the "keypoint-media.com Marks"). Without keypoint-media.com’s prior permission, you agree not to display or use the keypoint-media.com Marks in any manner.
26. Copyright Claims
keypoint-media.com respects the intellectual property of others, and we ask our users to do the same. keypoint-media.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and access to the Service of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide keypoint-media.com with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a belief of good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner, or authorized to act on the copyright or intellectual property owner’s behalf.
keypoint-media.com’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached by contacting us.
27. General Entire Agreement
The TOS constitutes the entire agreement between you and keypoint-media.com and governs your use of the Service, superseding any prior agreements between you and keypoint-media.com with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other keypoint-media.com services, affiliate services, third-party content or third-party software.
28. Choice of Law and Forum
The TOS and the relationship between you and keypoint-media.com shall be governed by the laws of Queensland without regard to its conflict of law provisions. You and keypoint-media.com agree to submit to the personal and exclusive jurisdiction of the courts of Queensland.
29. Waiver and Severability of Terms
The failure of keypoint-media.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties, nevertheless, agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
30. No Right of Survivorship and Non-Transferability
You agree that your keypoint-media.com account and access to the Service is non-transferable and any rights to your keypoint-media.com membership or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
31. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to use of the Service, or the TOS must be filed within one (1) year after such a claim or cause of action arises or it will be barred forever.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
32. Purchase Agreement
Procurement of any paid product or service provided by keypoint-media.com is subject to the terms and conditions set out in our Purchase Agreement. You understand that by committing to acquire any form of product or service provided by keypoint-media.com, which is provided to you in exchange for monetary or financial compensation, you are agreeing to all of the policies, terms, conditions and statements made in our TOS, as well as those in the Purchase Agreement.
Please report any violations of the TOS by contacting us.
In case of cancellation, there will be a 10% penalty on refund of unused credits to compensate for the discount.
All the orders processed through keypoint-media.com are subject to the conditions found on the Terms of Service page, as well as those in the following Service Agreement.
By placing an order, it is understood that you have read, understood, and agreed with the terms on both the Service Agreement page and the extended Terms of Service page. These terms and conditions are an agreement between you ("customer, client, advertiser, reseller") and keypoint-media.com ("us"). They should be read and understood.
All orders are processed as soon as possible following the date ordered. This period usually spans between 24 to 72 hours, depending on the volume of the order(s). This timeframe excludes orders placed on weekends; these are processed on the next business day. Depending on the demand, the campaign process may take up to 72 hours to initiate.
All traffic is sent as "is". All campaigns are considered active the moment the first visitor (hits/traffic) is delivered to the client site.
All traffic/hits will be delivered to the website address submitted with the order. In the event of an error in the submitted URL, the Client will not hold keypoint-media.com or its partner sites responsible for the error. Any traffic delivered to a Client’s site reflecting the above error will not be credited or entitled to a refund.
In terms of campaign start-date, due to variances in amounts of traffic purchased at different times, the starting date may fluctuate. We are in no way to be held responsible if your campaign does not start receiving the traffic by a specific date.
You are guaranteed that we will send the number of visitors to the URL you specify within 60 days or less. This is the only guarantee for this service. In no event shall we be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever. These include, but are not limited to, damages for loss of profits, loss of information or other pecuniary losses arising out of the use or inability to use the package. This is applicable even if we, the service provider, have been advised of the possibility of such damages.
If we are unable to deliver the number of visitors promised within 60 days of the campaign starting date, you may claim a refund. In the unlikely event that we, the service provider, do not deliver the number of visitors promised, we will provide a refund of your entire purchase price on a pro-rata basis. In cases where refunds are claimed, we reserve the right to further investigate and approve or decline your request. Refunds are issued at the sole discretion of keypoint-media.com.
In the event that the Client’s site becomes unavailable for any reason ("server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure"), the Client will not hold keypoint-media.com or its partner sites responsible for these errors. All/any traffic delivered to the Client’s site during this down-time will not be credited or refunded. In the event that any of the above errors occur, including any errors not listed, but clearly intended, the client may submit, in writing, a request for the campaign to be placed on hold. Upon resolution of the problem, the on-hold campaign will resume. Any traffic previously sent will neither be credited nor refunded.
We use a state-of-the-art tracking system to track your ad campaign. Each order is given a unique campaign ID which is used to track the visitors sent to your site. When we provide an ad view, keypoint-media.com points the visitors to this campaign ID. The Client understands that if the visitor viewing the ad closes it before it finishes loading (due to network bandwidth, high-impact graphics, animation or lack of interest on the visitors’ part etc.), it will count as an ad view on our system. That is, we have sent your site to the visitor and have, therefore, fulfilled our obligation. It is important to note that this scenario may not appear in your website statistics. keypoint-media.com cannot control the acts of individuals viewing your site and will not be held responsible for these actions.
When you purchase a traffic campaign, you understand and agree that the statistics system utilized by keypoint-media.com will serve as the official record of traffic delivered. keypoint-media.com will not be held responsible for traffic not received on your campaign page but sent from our ad server during down-time on any components on the Internet or on a client’s site for any reason. Note that any traffic delivered under these conditions will not be credited or refunded.
If a pop-up window is installed on the URL at any time, keypoint-media.com WILL stop the campaign and you will NOT be entitled to a refund.
The Client understands that traffic counters ("Hit" counters) on your site do not accurately represent the number of visitors sent to your site. This is due to the large amounts of traffic sent to the site in a relatively short timeframe. The Client also understands that keypoint-media.com does not guarantee sales or sign-ups and will not issue a refund if none are achieved. In other words, keypoint-media.com does not guarantee sales, nor will it be held responsible if none are generated. The only guarantee for this service is that we will send visitors to your site.
The Client acknowledges that the order is for the stated term. These terms and conditions are subject to change at any time after the stated term has ended.
The Client may not sell, assign or transfer any of the rights or services accompanying the purchase. The Client may not, under any circumstances, have any type of pop-up advertising on the website being promoted by keypoint-media.com, unless a package was ordered allowing them. The Client may not change the content of the URL being advertised in any manner without prior written approval by keypoint-media.com authorized staff. Any attempt, either by accident or design, undermining the intention of this T.O.C. or the general principles that it was written for, will result in immediate account deletion with no eligibility for refunds or adjustments.
In the event that there is a discrepancy between the amount of traffic delivered by keypoint-media.com and the amount of traffic delivered to the Client, the Client agrees to use the report prepared by our ("keypoint-media.com") campaign manager to be the official report. The Client understands and acknowledges the campaign report received by keypoint-media.com to be true and accurate, and agrees to hold keypoint-media.com, its parent company, as well as all companies and individuals involved, harmless for any unexpected results arising from any advertising campaign.
Support staff is available virtually 24 hours/day. All requests must be made in writing via email or through phone. The Client also understands that technical support may not be available at the exact time in which the client initiates contact. It is our policy to respond to all e-mails within 24-48 hours. The Client agrees to these terms of service and understands that they are legally binding.
keypoint-media.com shall be permitted to identify a Client as a keypoint-media.com Client and may use the Client’s name in connection with keypoint-media.com marketing material. Subject to the prior approval of each party, keypoint-media.com may elect to issue a joint press release announcing the Client’s marketing partnership with keypoint-media.com.
keypoint-media.com will not promote spam, scam, hate, porn, warez, hacking, or any other site/offer that could be considered offensive to the most discriminate viewer. Any attempt to bypass our intended guidelines will result in account cancellation and no recourse to a refund.
keypoint-media.com will not deliver general traffic to sites containing content that is not appropriate for viewing by a general audience unless you specifically order casino or adult traffic. Inappropriate content when delivering traffic includes, but is not limited to, adult content, hate-inciting content, illegal content (in the US) and content that encourages illegal activities or violence. What constitutes inappropriate content shall be determined at our sole discretion.
keypoint-media.com will review your site before initiating a campaign. If your site is changed during the campaign in such a way that it includes inappropriate content, keypoint-media.com will stop your campaign immediately. In this case, you will not be provided a refund on a pro-rata basis.
keypoint-media.com cannot be held responsible for factors beyond our control that may interfere with our ability to deliver visitors to your URL. Such factors include, but are not limited to, down-time on your server, over-use of your bandwidth quota (if applicable), errors on your site, pop-up killers, and network outages beyond our servers. Please contact your web-hosting company or network provider if you are not sure about whether or not your hosting account is compatible with the program you are ordering.
TERMINOLOGY: (1) In the present context, a visit generally occurs when a text file is loaded from your server (this includes HTML files). A hit occurs when a file is loaded from your web server. Since loading a single web page can cause several files to load (e.g. images), several hits usually occur when a page is loaded. Thus, the number of hits is always greater than (or equal to) the number of visits. The term "number of visitors" is interchangeable with the term "number of visits". Several "visits" may originate from a single IP address or individual. This generally occurs when an individual returns to or reloads a webpage. (2) "Pro-rata" refunds are calculated by dividing the number of visits we delivered by the number of visits you ordered. The result of this calculation is subtracted from 1 and the resulting figure is multiplied by your purchase price to derive the "pro-rata" refund. (3) Targeted campaigns are any campaign that is language, niche, or site-specific. Non-targeted campaigns are not language, niche or site-specific.
If any provision of this Agreement is deemed invalid or unenforceable by any jurisdiction or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable. The remaining provisions will remain in full force and effect.
The Customer agrees that keypoint-media.com shall not be liable for any modification, suspension or discontinuance of the Service. keypoint-media.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
SUBJECT TO APPLICABLE LAW, THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT keypoint-media.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF keypoint-media.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED, OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
This Agreement is subject to change anytime without prior notice.
You, hereby, agree that by ordering any services from us, you have read and accepted all the terms and conditions above.
During your campaign is active, your website CANNOT have any kind of page redirection, trojans, viruses, downloaders, any tricky java applets or codes, and any programs that requires ActiveX to be installed. If we find any of those on your website, WE WILL IMMEDIATELY TERMINATE YOUR ACCOUNT WITHOUT REFUND!
1814 BT Alkmaar
Support staff is available virtually 24 hours/day. All requests must be made in writing via email or through phone.
This is the number: +31 880406755