Terms & Conditions
Welcome to the Terms & Conditions (the “T&C”) for this website bidmatic.io provided by Bidmatic, Inc. (“Bidmatic”, “We” or “Us”), an outstanding advertising company located in the United States, Delaware, 16192 Coastal Hwy, City of Lewes, County of Sussex, 19958.
These T&C govern Your use of and access to our website (the “Website”) and all the text, data, information, software, graphics, logos, photographs, applications, services, tools, and features (collectively, the “Services”) that Bidmatic and its affiliated companies may make available to You on the Website.
By using or accessing the Services, You agree to these T&C. For purposes of these T&C, “You” and “Your” means You as the user of the Services. If You use the Services on behalf of a company or other entity then “You” includes You and that entity, and You represent and warrant that (a) You are an authorized representative of the entity with the authority to bind the entity to these T&C, and (b) You agree to these T&C on the entity’s behalf.
You must be eighteen (18) years of age or older to use the Services. Children under the age of eighteen (18) are not permitted to use the Services. By using the Services, You represent and warrant that You meet all of these requirements. As we do not have the intent to process any data of persons under eighteen (18) years of age, please inform us by writing to the email address: firstname.lastname@example.org if You know that such persons may use our Services.
These T&C are subject to change (modification) by Bidmatic at any time, without prior notice. You are responsible for reviewing these T&C on a regular basis. We will make commercially reasonable efforts to include notices regarding any such updates or changes. Any changes that are made to these T&C will not apply retroactively and will not apply to disputes or events occurring before the change is published.
Please read these T&C carefully, as they impose certain legal obligations on You.
ACCESS AND USE
Subject to Your compliance with these T&C, Bidmatic hereby grants You a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to use the software provided to You as part of the Services. This license has the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by Us, in the manner permitted by these T&C and subject to the use restrictions described in Chapter 2 below. To get access to certain of the Services, You may need to create an account (“Account”). Since You choose to create the Account, You are considered to be the User who receives our Services in the meaning provided in Our Terms of Service, and they are extended to such access. For more information about these Services, please read Our Terms of Service here.
If You breach any of the provisions of these T&C, all licenses granted by Bidmatic will terminate automatically. Additionally, Bidmatic may suspend, disable, or delete Your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Bidmatic deletes Your Account for any suspected breach of these T&C by You, You are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, Bidmatic may, but is not obligated to, delete any of Your content. All sections which by their nature should survive the termination of these T&C shall continue in full force and effect subsequent to and notwithstanding any termination of these T&C by Bidmatic or You. Termination will not limit any of Bidmatic’s other rights or remedies at law or in equity.
RESTRICTIONS ON USE
You acknowledge and agree that You may not do any of the following unless laws prohibit these restrictions or You have Our written permission to do so:
- download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, obtained from, or through the Services;
- duplicate, decompile, reverse engineer, disassemble, or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
- use, reproduce, or remove any copyright, trademark, trade names, slogan, logos, images, service marks, or other proprietary notations displayed on or through the Services;
- use cheats, automation software (bots), hacks, modifications (mods), or any other unauthorized third-party software designed to modify the Services;
- use the Services in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s use of the Services or use any device, software, or routine that causes the same;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Service;
- circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
- use any robot, spider, crawler, or other automatic devices, process, software, or queries that intercepts, “mines,” scrapes, or otherwise accesses the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- use the Services for illegal, harassing, unethical, or disruptive purposes;
- violate any applicable law or regulation in connection with Your use of the Services; or
- use the Services in any way not expressly permitted by these T&C.
You agree that You will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by Bidmatic hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.
In particular, but without limitation, the Services may not be exported or re-exported:
- into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country;
- to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List, and/or
- to the Russian Federation and Belorussia or any entity incorporated, registered, operated, or founded by the residents or citizens of these countries.
By using the Services, You represent and warrant that You are not located in any such country or on any such list. You are responsible for and hereby agree to comply at Your sole expense with all applicable United States export laws and regulations.
PRIVACY AND CONFIDENTIALITY
Our Privacy Statement describes how We handle the information You provide to Us when You use Our Website and Services. In particular, Bidmatic Website uses a contact form for obtaining requests from You and collecting Your personal data thereby. For an explanation of Our privacy practices, please visit the Privacy Statement.
The records are regarded as confidential and therefore will not be divulged to any third party, other than Our employees, and if legally required to do so to the appropriate authorities. You have the right to request sight of, and copies of any and all Your Account records We keep, on the proviso that We are given reasonable notice of such a request. Where appropriate, We shall issue the appropriate written information, handouts, or copies of records as part of an agreed contract, for the benefit of both parties. WE WILL NOT SELL, SHARE, OR RENT YOUR PERSONAL INFORMATION TO ANY THIRD PARTY OR USE YOUR E-MAIL ADDRESS FOR UNSOLICITED MAIL.Any emails sent by Bidmatic will only be in connection with the provision of agreed services and products.
INTELLECTUAL PROPERTY RIGHTS
Bidmatic Website, the Services, and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that Bidmatic and/or its licensors own all rights, title, and interest in and to the Services (including any and all intellectual property rights therein) and You agree not to take any action(s) inconsistent with such ownership interests. We and Our licensors reserve all rights in connection with the Services and its content (other than Your content), including, without limitation, the exclusive right to create derivative works.
The Bidmatic name, Bidmatic terms, and all related names, logos, product and service names, designs, and slogans are trademarks of Bidmatic or its affiliates or licensors, other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
It’s prohibited to use any part of the information, or material on the Website for commercial purposes without obtaining a license to do so from the Bidmatic or its licensors. If You use, copy, or download any part of the Website in breach of these T&C, Your right to all the information and content on our Website will cease immediately.
NOTICE OF INFRINGEMENT
If You believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded, or appearing on the Website have been copied in a way that constitutes copyright infringement, You may submit a notification to Our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
a. identification of the copyrighted work that is claimed to be infringed;
b. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Website;
c. information for Our copyright agent to contact You, such as an address, telephone number, and e-mail address;
d. a statement that You have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent, or the law;
e. a statement that the information above is accurate, and under penalty of perjury, that You are the copyright owner or the authorized person to act on behalf of the copyright owner; and
f. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: 16192 COASTAL HWY,
LEWES, Sussex, DE, 19958 United States; or by e-mail to email@example.com. It is Our policy, in appropriate circumstances and at Our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Website who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, at Our sole discretion. To file a counter-notification with Us, You must provide a written communication (by fax or regular mail, or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that You will be liable for damages if You materially misrepresent that content or an activity is not infringing the copyrights of others.
THIRD PARTY SERVICES AND MATERIALS
Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, You acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials, or websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to You.
Violating the security of the Website is prohibited and may result in criminal and civil liability. Bidmatic may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Website or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
DATA USAGE AND STORAGE
You acknowledge that Bidmatic may establish general practices and limits concerning the use of the Website, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Website, the maximum number of email messages that may be sent from or received by an Account on the Website, the maximum size of any email message that may be sent from or received by an Account on the Website, the maximum disk space that will be allotted on Bidmatic’s servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Website in a given period of time.
Your use of this Website constitutes Your consent to allow Bidmatic to store electronic communications on its servers. You agree that Bidmatic 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 Website. You acknowledge that Bidmatic reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Bidmatic reserves the right to modify these general practices and limits from time to time.
WARRANTIES AND DISCLAIMERS
YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BIDMATIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
BIDMATIC MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE WEBSITE AND THE SERVICES; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF WEBSITE AND THE SERVICES; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; AND (D) WHETHER THE USAGE OF WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BIDMATIC OR THROUGH THE WEBSITE AND/OR SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL BIDMATIC BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE T&C OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE T&C AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF BIDMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE T&C OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. BIDMATIC’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
The performance under these T&C is excused in the event of interruption and/or delay due to, or resulting from, causes beyond our reasonable control, including any government, war, or other hostility, civil disorder, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
By entering into these T&C and using the Services, You agree that You shall defend, indemnify and hold Bidmatic harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with (a) Your violation or breach of any term of these T&C or any applicable law or regulation; (b) Your violation of any rights of any third party; (c) any unauthorized use of the Services; or (d) Your negligence or willful misconduct.
You agree that a breach of these T&C will cause irreparable injury to Bidmatic for which monetary damages would not be an adequate remedy and Bidmatic shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
The T&C are governed by the laws of the State of Delaware. By accessing this Website and using Our Services You give consent to these T&C and to the exclusive jurisdiction of the Delaware courts in all disputes arising out of such access.
If You are a California resident, in accordance with Cal. Civ. Code § 1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
ASSIGNMENT AND SEVERABILITY
These T&C and the licenses granted herein may be assigned by Bidmatic but may not be assigned by You without the prior express written consent of Bidmatic.
If any provisions of these T&C are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these T&C and the remaining T&C will continue to apply. Failure of Bidmatic to enforce any of the provisions set out in these T&C and any agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these T&C or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
All notices to Bidmatic must be delivered in writing by courier, certified or registered mail (postage prepaid and return receipt requested), electronic mail, or as otherwise specified by Bidmatic. Legal notices to Bidmatic must be sent to firstname.lastname@example.org with a copy to Bidmatic, Inc. Attn: 16192 COASTAL HWY, LEWES, Sussex, DE, 19958 United States. Notices to users will be sent to the Account email address on file and/or posted on the Website and are deemed effective when sent or posted.
Bidmatic is an independent contractor and not Your agent in the performance of these T&C. There are no third-party beneficiaries (except the indemnities).
These T&C constitute the entire agreement between the parties regarding the use of the Website and Services and will supersede all prior agreements between the parties whether written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these T&C.
The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these T&C or any provision of these T&C constitute a waiver of any subsequent breach or default or a waiver of the provision itself.