CMP Terms of Service
Adlane LTD (“Company” or “we” or “us”) provides you (“you”, “Publisher”) access to our Consent Management Platform (“CMP”) located via the link: cmp.adlane.io. By using the CMP, you agree to the following terms and conditions (the “CMP Terms of Service”). If you do not agree to these terms, please do not use the CMP.
The CMP is a service provided to assist Publishers in obtaining consent for the data collection on websites they own or operate and/or TV assets (the “Property”) Worldwide.
From time to time we may update the CMP Terms of Service. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you in an email notification to the email address we have on file for you. Any such changes will become effective no earlier than 5 (five) days after they are posted, except those changes addressing new functions of the CMP or changes made for legal reasons will be effective immediately. Your continued use of the CMP after the date of any such changes become effective constitutes your acceptance of the new CMP Terms of Service.
The Company reserves the right to modify or discontinue, temporarily or permanently, the CMP (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension, or discontinuance of the CMP.
Signing Up for the CMP
Creating and Safeguarding Your Account. To use the CMP, you need to sign up for an account (“Account”) associated with a valid e-mail address. You agree to provide us with accurate, complete, and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of Your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@adlane.io if you know or have any reason to suspect that your Account or password has been stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of Your Account.
Signing Up process. To create an Account, you have to visit adlane.io and fill in ‘Get Started’ form by clicking on ‘Sign Up’ button. In the form fill in the following data: your Name, Last Name, Email, and Web-site, read the CMP Terms of Service, and accept them. After that, you will be contacted by the Company team. Upon our team approves your Account you will receive an email with the sign-up details and link to the following Account settlement process.
You should create a unique password for your Account and confirm it.
Should you provide inaccurate information or should we have reason to believe that any information provided is incomplete or inaccurate, we may, as we see fit, block or delete Your Account or deny Your access to the CMP and will inform you about any such action and the reasons for it by sending an e-mail to your registered e-mail address.
Use of the CMP
License for Use: The CMP is provided to assist you in obtaining consent for certain data collection on the Property. The Company grants you a limited, non-exclusive, non-transferable license to use the CMP on the Property. Except for the foregoing limited license, no right, title, or interest shall be transferred to you.
Publisher Conduct: you are solely responsible for your use of the CMP. The Company is solely providing the CMP for the Publisher to obtain consent for data collection from its users. If you choose to use the IAB TCF Framework and documentation for any use other than to obtain consent for data collection, you are solely responsible for the language used and consent management. You are also responsible for confirming that any language provided by the Company for consent for data collection related to the Company services is sufficient to satisfy any applicable privacy laws. The Company is not responsible for ensuring the website is accurately and properly obtaining consent for data collection, if necessary.
You agree to not use the CMP to:
(a) interfere with or disrupt the CMP or servers or networks connected to the CMP, or disobey any requirements, procedures, policies, or regulations of networks connected to the CMP;
(b) violate any applicable local, state, national, or international law, or any regulations having the force of law;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) solicit personal information from anyone under the age of 18;
(e) harvest or collect email addresses or other contact information of viewers by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(f) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
(g) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
(h) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the CMP.
Intellectual Property Rights
CMP: The Company owns all rights in the CMP, any technology associated with the CMP and the Company’s trademarks, and any goodwill, derivative works, improvements, and/or intellectual property associated with the CMP. Publisher will not copy, modify, distribute, sell, or lease the CMP or any part thereof or attempt to unlock or bypass any encryption or other protections used by the Company. Publisher acknowledges that the CMP constitutes the Company’s trade secrets and confidential information. Publisher will not use any such information to duplicate the CMP, to develop a similar CMP, or to enable any third party to do any of the foregoing. Any violation of this provision shall be deemed to be an infringement of the Company’s intellectual property and may result in the termination of your Account at the Company’s sole discretion and/or taking any legal action that the Company may deem necessary.
You must not use the CMP in a way that causes or may cause, damage to the CMP or impair the availability of access to the CMP. You must not decompile, reverse engineer, disassemble or otherwise reduce the CMP, except to the extent that such activity is expressly permitted by applicable law. You must not use the CMP to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
Any rights not expressly granted herein are reserved by the Company.
Trademarks: The Company name and logos are trademarks and service marks of the Company (collectively “the Company’s Trademarks”). Other product and service names and logos used and displayed via the CMP may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in the CMP Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company’s Trademarks displayed on the CMP, without our prior written permission in each instance. All goodwill generated from the use of the Company’s Trademarks will inure to our exclusive benefit.
Indemnity and Release
To the extent permitted by applicable law, you agree to release, indemnify and hold the Company and its affiliates and their officers, employees, directors, and agents harmless from any and all claims, obligations, losses, liabilities, damages, and expenses, including reasonable attorneys’ fees, rights, actions of any kind and injury (including death) arising out of or relating to (i) your use of the CMP, (ii) your connection to the CMP, (iii) your violation of the CMP Terms of Service, (iv) your violation of any rights of another, including, without limitation, copyright, property or privacy right or (v) any claim that the CMP caused damage to a third party. This defense and indemnification obligation will survive the CMP Terms of Services and your use of the CMP.
Disclaimer
The Company does not provide legal services, nor can the Company advise you on compliance with any privacy laws, either in the United States or otherwise, including, but not limited to, the European Union General Data Protection Regulation 2016/679, otherwise known as GDPR. It is solely your responsibility to ensure that the website is abiding by any applicable privacy laws and has a compliant privacy policy and consents, if applicable. This may include seeking the opinion of an outside attorney.
Under no circumstances will the Company be liable in any way for your use of the CMP, including, but not limited to, for any errors or omissions in the CMP, or for any loss or damage of any kind incurred as a result of the CMP. You understand and agree that you are fully responsible for your use of the CMP. The Company makes no representations, warranties, or guarantees.
YOUR USE OF THE CMP IS AT YOUR SOLE DISCRETION. THE CMP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (I) THE CMP WILL MEET YOUR REQUIREMENTS, (II) THE CMP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CMP WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CMP WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE CMP; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CMP; OR (IV) ANY OTHER MATTER RELATING TO THE CMP.
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 LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE CMP OR WITH THE CMP TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE CMP.
YOU SPECIFICALLY ACKNOWLEDGE THAT ANY LIABILITY FOR THE USE OF THE CMP SHALL REST ENTIRELY WITH THE PUBLISHER.
Governing Law
These CMP Terms of Service will be governed by the laws of Bulgaria, and jurisdiction of any and all disputes will lie in the courts sitting in Bulgaria. Publisher consents to personal jurisdiction in the courts located therein and hereby waives all defenses of lack of personal jurisdiction and forum non-convenient.
Termination
You agree that the Company, in its sole discretion, may suspend or terminate your use of the CMP and remove and discard any content within the CMP, for any reason, including, without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of the CMP Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of CMP, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time, discontinue providing the CMP, or any part thereof, with or without notice. You agree that any termination of your access to the CMP under any provision of the CMP Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the CMP. Further, you agree that the Company will not be liable to you or any third party for any termination of your access to the CMP.
General
The CMP Terms of Service constitute the entire agreement between you and the Company related to your use of the CMP and govern your use of the CMP, complementing any prior agreements between you and the Company with respect to the CMP. All other agreements, if any, continue to apply. You also may be subject to additional terms and conditions that may apply when you use other Company’s services. The failure of the Company to exercise or enforce any right or provision of the CMP Terms of Service will not constitute a waiver of such right or provision. If any provision of the CMP Terms of Service 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 CMP Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the CMP or the CMP Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this CMP Terms of Service without the prior written consent of the Company, but the Company may assign or transfer this CMP Terms of Service, in whole or in part, without restriction. The section titles in the CMP Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information relevant to the CMP (“Submissions”), provided by you to the Company, its affiliated companies, or partners are non-confidential and the Company, its affiliated companies, and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Your Privacy
We respect the privacy of our Publishers. For details, please see our Privacy Statement and the “Signing Up for the CMP” section hereof. By using the CMP, you consent to our collection and use of personal data as outlined therein.