Terms of Service

Terms of Service

1. The web pages available at http://marketgid.com/ and/or http://www.tovarro.com/, and all linked pages (hereinafter referred to as «Site» or «Website»), are operated by Marketing Intelligence Research Solution LTD, (hereinafter may referred to as ‘MIRS’, ‘We’ or ‘Us’).

1.1. The User’s (hereinafter may referred to as ‘Advertiser’ or ‘Client’) use of the site, services and information provided by the website is subject to the terms of the following Terms of Service agreement (TOS) between the User and MIRS.1.2. The User is defined as anyone who uses the MIRS website and any information and services provided by MIRS and accepted these rules via signing of Insertion Order.1.3. The MIRS website refers to the Internet site with the address http://marketgid.com/ and/or http://www.tovarro.com/ as well as banners and advertisements on other websites with a hyperlink(s) to http://marketgid.com/ and/or http://www.tovarro.com/.

1.4. MIRS «services» refers to the ability that MIRS gives Users to publicize ads on the MIRS website in the form of an article caption (or post), short description and picture with a link to the website where this article is published. MIRS doesn’t create, write, or publish news stories or articles.

1.5. The MIRS website, services and information will be referred to collectively as the «Services» in this document excluding any additional services provided to the User by MIRS under a separate written agreement.

2. USE OF SERVICES BY THE USER

2.1. MIRS enables the User to create ads from the articles published at the original website where the news and articles were published. The content of the ad’s post/caption/announcement/headline/hyper-link/photo (hereafter referred to as «Link») may differ from the content of the article for which the link was made.2.2. In any Link the User can use any picture or image which is published on the same page of the website where the original article is published and is relevant to the article. This picture or image will be published as a thumbnail. The User who publishes the Link and the website where the aforementioned article was published bear complete responsibility for any infringement of a third party’s copyright (copyright of the person(s) or organization(s) who created or owns the content of the article or photo) if such an infringement of copyright occurs.2.3. In a Link, the User is allowed to use any picture or image which is NOT published on the same page of the website where the publicized article is published. In this case the picture or the image must be taken from open resources only (licensed free resources) and will be published as a thumbnail in the Link.

2.4. The content of the picture or image in a Link may differ from the topic of the Link’s caption, from the Link’s short description, from the original article’s caption, and from the content of the original article. The person(s) shown in the photo in the Link may differ from the person(s) shown or mentioned in the article. The picture used in the Link may be unrelated to the content of the original article.

2.5. The User understands and agrees that he/she is responsible for any information, data, written text, pictures, images, video and other content (hereafter referred to as «Content») which he/she publishes on the internet using the Services of MIRS. This means that only the User (and not MIRS) bears full responsibility for all Content which the User publishes, uploads, sends, transfers, receives, shares or otherwise makes public using the Services of MIRS. MIRS does not monitor the Content published, posted, uploaded, sent, transferred, received, or shared with its Services and therefore does not guarantee the accuracy, completeness, comprehensiveness or quality of any Content. The User understands that while using the Services of MIRS he/she might come into contact with Content that could seem offensive, indecent or objectionable. MIRS is not responsible for any Content created by the use of the Services by any User under any circumstances.

2.6. The User agrees that MIRS is not obliged to check any of the Content before it is published. The User also agrees that MIRS has the right (but shall have no obligation) to refuse or remove any or all Content (which is available through the Services of MIRS) at its own discretion. The User agrees that MIRS is not liable for the accuracy, reliability, completeness or usefulness of the Content displayed on the site or through the MIRS Services.

2.7. The User agrees and understands that he/she uses the Services at his/her own risk.

2.8. The User takes into account that MIRS Service technology may require sending Content (which the User wants to publish) through a computer network or changing the Content in order to meet specific technical requirements.

2.9. The advertiser agrees NOT to use the Services to:

a. post, upload, email, transmit, share or otherwise make public any Content which is recognized as illegal, harmful, threatening, immoral, slanderous, infringing upon someone’s copyright, popularizing violence and/or any sort of discrimination (racial, ethnic, sexual, social or any other sort of discrimination), and/or insulting a particular person or organization;b. infringe upon the rights of minors and/or cause any sort of harm to minors;c. discriminate against minorities;

d. give untruthful information about his/her identity or identify himself/herself as a representative of an organization/company (including introducing himself/herself as a MIRS representative, MIRS employee, MIRS forum moderator, or MIRS owner) without having the right to do so, and to offer any false representation of the properties and/or characteristics of other persons, entities, companies, or products;

e. post, upload, email, transmit, share or otherwise make public any Content which is forbidden to post, upload, email, transmit, share or otherwise make public according to the law or a contractual agreement with a third party;

f. post, upload, email, transmit, share or otherwise make public any Content which affects a third party’s license, trademark, commercial secret, copyright or any other sort of possessive rights (rights of ownership);

g. post, upload, email, transmit, share or otherwise make public any Content which encourages/propagandizes ethnic strife, incites violence against a certain person(s) or group of people, violence against animals, and/or encourages the abuse of law;

h. post, upload, email, transmit, share or otherwise make public any Content which contains computer viruses, threats or other codes, files, or software which are intended to harm, destroy or restrict the functionality of any hardware or software, or which can be used for unauthorized access/data trespassing, or which contain serial numbers for licensed software, cracked software, logins, passwords or other tools for unauthorized access to any licensed protected software or data on the Internet;

i. abuse of any local, state or international laws;

j. collect and store the private data of other users;

k. engage in the unauthorized use of advertising, commercial or promotional content without an agreement with, or permission from, the concerned party;

l. post, upload, email, transmit, share or otherwise make public any content containing crude or offensive words, phrases or sentences;

m. post, upload, email, transmit, share or otherwise make public any Content which contains nudity or pornography.

2.9.1 MIRS reserves the right (but shall have no obligation) to refuse or remove any or all Content from the Services at its own discretion if the said Content does not meet the requirements of the Terms of Service. MIRS is not obliged to notify the User of the reasons for removing or rejecting any Content.

3. NON-COMMERCIAL USE

3.1. The User agrees not to reproduce, copy, sell or use for commercial purposes any parts of the Services, not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by MIRS, unless the User is granted special rights by MIRS specifically in order to do so. MIRS doesn’t bear any responsibility for any legal agreements between the User and any other third parties.3.2. The User agrees to refrain from trying to crack any of MIRS’s software or data or to decompile the MIRS software source codes used in the Services with the intention to install it on his/her PC, phone, pocket PC or other electronic device.

4. GENERAL TERMS OF USE AND STORAGE

4.1. MIRS is not responsible for any delays, failures, incorrect or untimely publications, or the removal or loss of any data.4.2. The User agrees that MIRS may make changes to the rules and restrictions of use from time to time with or without notification of the User.4.3. The User agrees that any Content published with the MIRS Services as open Content can be used by MIRS at its own discretion for its own purposes and the User cannot claim compensation (monetary or otherwise) from MIRS for doing so.

5. PROPRIETARY RIGHTS

5.1. The User acknowledges and agrees that all MIRS Services and software are protected by copyright, trademark, license, intellectual property laws and any applicable laws of the British Virgin Islands, laws of other countries and/or international laws.5.2. MIRS gives the User a personal, non-assignable and non-exclusive license to use the software provided to him/her by MIRS as part of the Services. The User may not (and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. The User agrees that he/she will not reproduce, duplicate, copy, sell, trade or resell the software provided to him/her as a part of the Services for any purpose and also will not modify the Services for any purpose.5.3. Unless the User has agreed otherwise in writing with MIRS, the User may not use objects of MIRS intellectual property (such as logos, trade names, trademarks and other brand features, MIRS website content etc.).

6. EXCLUSION OF WARRANTIES

6.1 MIRS does not guarantee to the User that his/her use of the Services will be uninterrupted, timely, secure or free from error.6.2 MIRS does not bear responsibility for the Content created and displayed by other Users through the Services.6.3 The User is solely responsible for any breach of any sort of third party rights.

6.4 If the use of the Services by the User results in complaints or claims from a third party addressed to MIRS concerning the breach of their rights (including copyright infringement or a person(s) depicted in the photos in the Content who does not want the images to be used in the Services) the User is held fully responsible and must take actions on her/his own to satisfy such claims and complaints.

6.5 MIRS may (but has no obligation to) review, modify or remove Content published by the User.

6.6 MIRS is not liable to the User for any loss of information which the User publishes on or with the Services of MIRS.

6.7 The User understands and agrees that:

a. The Services are provided «as is». MIRS does not guarantee that the Services will accommodate or fulfill the User’s purpose(s) for using them;b. MIRS does not guarantee that the Services will meet the User’s requirements or expectations; that the Services will be uninterrupted, timely, secure or free from error; that any information obtained by the User as a result of his/her use of the Services will be accurate or reliable; that the quality of any product, information etc. obtained by the User as a result of his/her use of the Services will meet the User’s expectations; that defects in the operation or functionality of any software provided to the User as part of the Services will be corrected;c. The User understands that he/she uses the information obtained through use the Services at his/her own risk;

d. MIRS is not liable to the User for any direct or indirect losses which may be incurred by the User due to the availability or unavailability of the Services or the behavior of a third party concerning the Services;

e. The Services may include hyper-links to other websites or content or resources. The User acknowledges and agrees that MIRS is not responsible for the availability of any such external sites or resources, for their content, and/or for any loss or damage which may be incurred by the User as a result of his/her use of such external sites or resources.

7. OTHER GENERAL LEGAL TERMS

7.1 Unless the User has agreed otherwise in writing with MIRS, all complaints, claims, requests, questions and other inquiries must be addressed to support@mirs.com.7.2 The Terms of Service (TOS) is a binding agreement between the User and MIRS which regulates the User’s use of MIRS’s Services.7.3. These Terms of Service, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the laws of England and Wales. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. The prevailing party in any action arising out of this ToS shall be entitled to an award of its costs and attorneys’ fees.

7.4. When using MIRS Services that are free, the user agrees that consumer protection laws are not applicable to the Terms of Service.

7.5 Nothing in the TOS can be recognized as an establishment of friendship, business partnership, employment, representative relations or any other sort of relationship between the User and MIRS which is not directly described under the Terms.

7.6 If any part of the TOS is proved to the satisfaction of a jury as being invalid or as having a non-binding nature, the rest of the Terms of Service will still remain binding.

7.7 If the User (or any other users) breaks the Terms of Service and MIRS does not act to protect its interests, this does not mean that MIRS cannot decide to prosecute any offender in the future.

7.8. User’s ads should fully comply with MIRS Terms of Service.

7.9. All payments will be calculated based on MIRS’s tracking system.

7.10. MIRS does not states or guarantees that the ads placed by the User will receive any number of intended clicks.

7.11. MIRS is not responsible for the people that interact with User’s ads, and is not responsible for click fraud or other improper actions that affect the cost of running ads.

7.12. MIRS can use User’s ads and related content and information for marketing or promotional purposes.

7.13. User will not issue any press release or make public statements about User’s relationship with MIRS without prior written permission of MIRS.

7.14. MIRS may reject or remove any ad for any reason.

8. MIRS PRIVACY POLICY

8.1. MIRS statistics may collect statistics about the behavior of visitors to its websites. For instance, MIRS may monitor the most popular sites. MIRS may display this non-personally-identifying information publicly or provide it to others.8.2. MIRS uses cookies to identify and track visitors, their usage of MIRS website, and their website access preferences. MIRS visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using MIRS’s websites.

9. CONTENT LICENSE FROM THE USER

9.1 Unless agreed otherwise, the User retains the copyright and any other rights he/she already holds in the Content which he/she submits, posts or displays on or through the Services. The User is solely responsible for the use of Content which does not belong to him/her and for the breach of any third party copyright. If the User is found to have published Content which does not belong to him/her, it will be removed at the first request of the owner of the content (or the person(s)/entity effected).

10. VIOLATION OF THE TERMS

10.1 The User is requested by MIRS to report any violation of the Terms to support@mirs.com. The report should include as many details as possible. Hyperlinks to specific statements/comments would be the most significant and would hasten the processing of the report.

11. SERVICE INTERRUPTION AND FORCE MAJEURE

11.1 MIRS may temporarily suspend the availability of the Services to carry out scheduled hardware and software tests and/or updates (or any other necessary technical tasks). The User will be sent a notification about the start of such tasks one hour in advance along with information about when the task(s) will be finished.11.2 In case of a force majeure, MIRS software/hardware failures or breakdowns, failures or breakdowns of the hardware/software of MIRS’s partners (including failures and breakdowns which occur due to the actions of a third party) the provision of the Services may be interrupted without notification of the User.

12. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind MIRS in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MIRS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MIRS’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including «line-noise» interference). The Terms of Service is not assignable, transferable or sublicensable by you except with MIRS’s prior written consent. MIRS may transfer, assign or delegate the Terms of Service and its rights and obligations without consent.

This Terms of Service was first published and made effective on December 20th, 2013.