Limitations Of Liability

Bluetriple also automatically collects and receives certain information from your computer or mobile device, including the activities you perform on our Website, the Platforms, and the Applications, the type of hardware and software you are using (for example, your operating system or browser), and information obtained from cookies. For example, each time you visit the Website or otherwise use the Services, we automatically collect your IP address, browser and device type, access times, the web page from which you came, the regions from which you navigate the web page, and the web page(s) you access (as applicable).

When you first register for a Bluetriple account, and when you use the Services, we collect some Personal Information about you such as:

  • The geographic area where you use your computer and mobile devices
  • Your full name, username, and email address and other contact details
  • A unique Bluetriple user ID (an alphanumeric string) which is assigned to you upon registration
  • Other optional information as part of your account profile
  • Your IP Address and, when applicable, timestamp related to your consent and confirmation of consent
  • Other information submitted by you or your organizational representatives via various methods

Terms And Conditions

Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. This agreement contains General, Publisher and Advertiser terms

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of https://bluetriple.com/#contact/ and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 3 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. This Agreement contains all of the terms and conditions between Bluetriple and its wholly owned subsidiaries ("Bluetriple"), and the individual or organization (the "Publisher") participating in the Bluetriple Publishers Program (the "Program"). In this Agreement, "we" and "us" means Bluetriple, and "you" means the Publisher participating in the Program. "Bluetriple Web Site" or "Our Site" means the web sites operated by Bluetriple, and "Your Site" means the web site(s) you submitted to be part of this Program.

Advertiser Agreement

This Agreement contains all of the terms and conditions between Bluetriple and its wholly owned subsidiaries ("Bluetriple"), and the individual or organization (the "Advertiser") participating in the Bluetriple Advertisers Program (the "Program"). In this Agreement, "we" and "us" means Bluetriple, and "you" means the Advertiser or authorized to act on behalf of the Advertiser participating in the Program. "Bluetriple Web Site" or "Our Site" means the web sites operated by Bluetriple, and "Your Site" means the web site(s) you submitted as part of your ad. "Bluetriple Network" is the Bluetriple network of publishers websites and traffic sources participating in the Bluetriple Publishers Program and "Publisher Website" is a website participating in the Bluetriple Publishers Program.

  • 1. The Program: You are solely responsible for all: (a) ad content, ad targeting, URLs and bids ("Creative"), whether generated by or for you; and for the web site(s) accessible from the Creative URLs; and for the services and products provided in the Creative URLs. Bluetriple and Publisher may reject or remove any ad for any or no reason. You may independently cancel online any campaign at any time. Bluetriple may cancel immediately any ad, IO, the Program or these Terms at any time. In all cases, Creative is subject to final acceptance by Bluetriple, at its sole discretion. As an Advertiser, you acknowledge and agree that each and every Creative placed within the Bluetriple Network may be viewed on any Publisher Website. Bluetriple reserves the right to reject or remove any advertisement at any time at its discretion. Notwithstanding the foregoing, in no event shall Bluetriple's acceptance of Creative be deemed to constitute in any manner whatsoever approval or endorsement by Bluetriple thereof, and Advertiser shall remain solely liable therefore. As an advertiser, you may receive related periodic emails and offers, as long as your subscription is valid. Multiple accounts held by the same individual or entity are subject to termination and to freeze of balance unless expressly authorized in writing by Bluetriple.
  • 2. Prohibited Uses: You shall not, and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice. You represent and warrant that (a) all your information is correct and current; (b) you hold and grant Bluetriple and Publisher Website all rights to copy, distribute and display your ads; and (c) websites linked from your ads (including services or products therein) will not violate or encourage violation of any applicable laws, mislead the public in any way or constitute fraudulent activity and will not offend visitors due to defamatory, slanderous, libelous, threatening, violent, racist, hateful, sexual, obscene or otherwise offensive content. Violation of these policies may result in immediate termination of this Agreement or your account without notice and may subject you to legal penalties and consequences. Advertiser agrees to continually update Creative so that all information is current and is an accurate description of information available on Advertiser's web site(s). Rejection of Campaign Content Bluetriple has, in its sole discretion and without any liability, the right to deny any advertising material or Content that includes or based on any inappropriate or illegal content such as, including but not limited to, the following examples: illegal activity (i.e. how to build a bomb, hacking, etc); hate-mongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.); violence, obscene or vulgar language and abusive content or content which endorses or threatens physical harm; illegal substance; drugs or any related paraphernalia; adware, malware, viruses, phishing offers; popcash links of any kind; "Tech-Support" browser locker offers; creatives should not contain the words like "your sofware is outdated", "your device is infected", "viruses found" etc. No misleading ads, providing false info to the user; purchase of weapons/military equipment; false or deceptive investment advice, and others; Running such content will lead to account termination and loss of ALL deposited funds. If Advertiser provides software for campaign, it shall be free from any spy- or malicious software and comply with the terms and conditions under present Agreement. In confirmation of this fact the Advertiser can provide duly executed SSL, or Code sign certificate. Advertiser will defend, indemnify and hold Bluetriple or its affiliates and representatives harmless from any damages, liabilities, costs, and expenses (incl. attorneys’ fees) resulting from any claim, judgment or proceeding brought by a third party. In case where advertisements are placed in such locations, Bluetriple reserves the right to withhold payment for the entire account (including setting fines), withhold account balance and any other remuneration and/or submit an immediate legal action against Advertiser and/or set a financial penalty, based on the damages caused to Bluetriple Inactive Accounts Account is considered inactive if no spending has been recorded for a period of over 6 months. Inactive accounts are subject to be closed and balance withhold. Accounts can be re-opened and balance restored by openning a support ticket.
  • 3. Disclaimer and Limitation of Liability: Bluetriple DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Bluetriple disclaims all guarantees regarding the levels or timing of costs per click, click through rates or delivery of any impressions, positioning, clicks or conversions for any ads or Targets. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO Bluetriple BY YOU FOR THE AD GIVING RISE TO THE CLAIM. Except for payment, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures.
  • 4. Payment: Advertiser shall make a deposit of funds in advance. The minimum deposit amount is $100 US Dollars. By using the service you agree that setting limitations on Ads campaigns budget and spending shall be entirely your responsibility. If the funds in your account are exhausted: i. If using manual billing, all running campaigns may be suspended immediately or b. When using automatic billing, your payment method will be automatically charged per the payment capping you have set. Any spending limitations are not legally binding and Bluetriple bears no responsibility for any excess. You shall be charged based on actual clicks and pay all charges in any currency specified in writing by Bluetriple. You waive all claims relating to charges unless claimed within 45 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Bluetriple's click measurements. If Bluetriple terminates an Advertiser account or if Advertiser decides to terminate its own account, and Advertiser provides notice to Bluetriple, Advertiser account will be deemed terminated when Bluetriple receives such notice. Advertiser will only receive a refund for amounts not yet charged to its account, subject to the Refund Policy. In the event that Advertiser believes that there is a discrepancy in Bluetriple's reporting system, Advertiser must provide with a reasoned report of such discrepancy within three (3) calendar days from the actual date where traffic was delivered. Otherwise, Bluetriple shall not be liable for such discrepancy, services shall be deemed rendered, and will calculate earnings on basis of its reporting system. If the parties are unable to reach an agreement regarding the discrepancy, then Bluetriple reporting system shall prevail. Any bonus funds that were received by using a coupon are not refundable and are valid for 45 days max.
  • 5.Refund Policy: Given the nature of digital services, we issue refunds for unused balance only. Such refund request must be sent within 45 days of the original deposit date and is only valid for deposits issued by PayPal, credit card or wire transfer. All other payment methods such as (but not limited to) Crypto Coins are not entitled for any kind of a refund. This refund policy applies to both one-time deposits and recurring deposits (automatic funding). When you make your purchase, please read through the details of charges capping and amounts. The refund may be credited back to the same payment method and same account that was used to make the payment. Refund is not acceptable in case the Advertiser breaches terms and conditions of present Agreement or other terms agreed by the parties. Refund is not acceptable for any transaction that involves a use of a coupon of any kind. Advertiser has 45 days from the last payment date to ask for a refund of the balance remaining on the Account. After Advertiser makes a second deposit at Advertiser Account (itself or via manager), a refund will only be issued for a balance of more than $100 US Dollars and a processing fee of 10% will be deducted from such refund We recommend contacting us for assistance if you experience any issues.
  • 6. Indemnification: You shall indemnify, defend and hold Bluetriple, its agents, affiliates, and licensors harmless from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creatives and breach of the Agreement.
  • 7. Confidentiality: You agree not to disclose Bluetriple Confidential Information without Bluetriple's prior written consent. "Bluetriple Confidential Information" includes without limitation: (a) all Bluetriple software, technology, programming, technical specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other statistics relating to Site performance in the Program provided to You by Bluetriple; and (c) any other information designated in writing by Bluetriple as "Confidential" or an equivalent designation. It does not include information that has become publicly known through no breach by You or Bluetriple, or information that has been (i) independently developed without access to Bluetriple Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.
  • 8. Governing Law: This Agreement shall be construed in accordance with the laws of Hong Kong, exclusive of its choice-of-law principles. Exclusive jurisdiction of all disputes arising out of or in connection with this agreement shall reside in the federal of state courts located in Hong Kong. The parties agree that they will attempt to settle any claim or controversy arising hereunder through consultation and negotiation in the spirit of mutual friendship and cooperation. Any dispute which the parties cannot resolve between themselves in good faith within six (6) months of the date of the initial demand by either party for such resolution will be submitted for final determination by one (1) mutually agreed arbitrator within Hong Kong under the rules of the Hong Kong Arbitration Association's Commercial Arbitration Rules and Procedures, as amended by this agreement. The arbitration shall be conducted in strict confidence, and the arbitrator's power to award damages shall be limited by the terms of this agreement.
  • 9. This agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous written or oral agreements or representations between the parties. YOU ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS, YOU UNDERSTANDS THAT Bluetriple MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) ENGAGE IN SIMILAR ARRANGEMENTS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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