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TERMS AND CONDITIONS OF USE

This agreement ("Agreement") governs the access and use of the websites owned and operated by Domain AG, a Swiss corporation ("Domain AG," "we," "our," "us"), and the use of any of the services ("Services" or "Service") available through or under the domain, sub-domains, and affiliated domains of Tavolo.com ("Site"). By participating in or using our Services, you ("you," "your," "Advertiser") are agreeing to be bound by these Terms of Service ("Terms of Service"). If you do not agree to bound by these terms of service, then do not use or access our Site.

1. ELIGIBLE USERS

Usage of our Site and/or Services is restricted to those who: (a) are over the age of 18, (b) reside, have a business entity, or access the Site in a country where the use of our Site and/or Services is not prohibited by law, (c) have the capacity to enter into legal agreements, and (d) do not own or have an employment or work-for-hire relationship with a competitor of Domain AG. If you are using our Site and/or Services on behalf of another party or business entity, then you represent that you have the legal authority to bind that party or business entity to this Agreement. You understand and warrant that you will not use the Site and/or Services to violate any law, rule, regulation, policy, agreement, intellectual property, or privacy rights of any third party. We reserve the right to deny your access to our Site and/or Services at any time. You are responsible for ensuring that all data provided when applying for an account is correct and up to date at all times. After your application has been provisionally approved by Domain AG, you will be provided with a username and password. You are responsible for maintaining the confidentiality of your login information and for restricting access to your computer. You agree and understand that you will be liable for all activities taken when you or any party accesses or uses the Site and/or Services using your username and/or password. We recommend that you change your password at regular intervals to main security over your login information. You are obliged to immediately notify Domain AG if you suspect any unauthorized access of your account. All accounts are opened on a provisional basis until approved by Domain AG's quality assurance team in Switzerland.

2. The TAVOLO PLATFORM

2.1. Description of Services

Domain AG's Tavolo platform ("Program") allows Advertisers to bid on available internet traffic and redirect that traffic to a destination of their choosing. Advertisers may be a natural person, a legal entity, or an operator of a network that works with further Advertisers. Available internet traffic is redirected from domains and other sources of traffic. To use our Service, you must first use Tavolo.com to create an Advertising Campaign. In that Advertising Campaign, you define your overall budget, bids, and target group through parameters such as country, keyword, and device. The Program then may deliver available internet traffic to your specified destination URL. The guidelines on the accepted use of our Program are described below. By creating an Advertising Campaign and using the Program, you accept these Terms of Service.

2.2 Program Terms and Conditions

All of the terms and conditions set forth below must be adhered to and are legally binding upon acceptance of this Agreement as evidenced by your use of the Site and Program. Domain AG can change the terms and conditions of the Program at any time and without advance notice. Domain AG does not guarantee the performance of any Advertising Campaigns. We do not guarantee delivery of visitors, conversions, sales, sign-ups, or the like. Domain AG will not be held responsible if no sales are generated. PLEASE MAKE SURE TO READ AND FOLLOW OUR PROGRAM'S TERMS AND CONDITIONS. NOT ADHERING TO ALL TERMS AND CONDITIONS MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT AND THE FORFEITURE OF DEPOSITED FUNDS WITHOUT ANY PRIOR NOTICE.

2.3 Your Obligations As An Advertiser on the Tavolo Platform

A.   You are solely responsible for verifying that your use of our Program and any Advertising Campaigns you create do not violate the rights of any third parties including, but not limited to intellectual property rights, trademark rights, and naming rights. If you do receive a valid notice of infringement from a third party regarding the use of our Site, Services, or Program, you are required to cease the use of our Program for the Advertising Campaigns in question until the dispute has been resolved.

B.   You represent and warrant that you have the rights to advertise for the content linked in your Advertising Campaign

C.   You will ensure that the targeting options you select (including but not limited to keyword selection) and destination URLs in your Advertising Campaigns to not violate any applicable laws, trademark rights, naming rights, or intellectual property rights.

D.   You are responsible for ensuring that all destination URLs in your Advertising Campaigns are accessible at all times and are correctly displayed and function properly in all browsers and devices selected via targeting options. Domain AG explicitly disclaims any liabilities for outages of your Advertising Campaign.

E.   You may not cloak via your tracking URL or destination URL. All visitors to your tracking URL or destination URL must have exactly the same user experience.

F.   You shall not permit any other person or entity to use or gain access to your account for any purposes and will use reasonable security measures to protect against unauthorized usage. You agree that you are responsible for all activity that arises from your account whether initiated by you, an affiliate or employee, or any third party. Domain AG disclaims any and all liability for any activity initiated from your account, whether authorized by you or not.

G.   In the event of the breach of any your obligations, Domain AG shall be entitled, at its own election and with immediate effect, to temporarily or permanently disable your Advertising Campaigns and/or your access to the Site, Services, and Program. Domain AG shall also be entitled to collect, as a contractual penalty, any remaining balance in your account.

2.4 Prohibited Content on the Tavolo Platform

You ensure that your Advertising Campaigns do not link to any of the following content:

  • Auto-downloads with confirmation from the visitor
  • Malware or Scareware
  • Phishing
  • Imitation of system error reports
  • Downloads that do not originate from widely accepted application stores such as Apple, Microsoft, Mozilla, or Google
  • Downloads of software that injects advertisements into a web browser
  • Imitation of alarm sounds or any content causing the user to believe there is an issue with their device
  • Making a visitor believe they have a virus on their device
  • Multiple pop-ups or pop-ups that cannot be closed
  • Showing additional pop-ups after a pop-up is closed
  • Cookie-ing a visitor
  • Gambling or other games of chance involving wagering money
  • Hate speech or violence
  • The sale of illegal goods
  • The sale of alcohol, tobacco, medicine or any pharmaceuticals
  • The sale of weapons or ammunition
  • Charging a user for anything without very clearly indicating the price and terms of charges
  • Adult content when choosing Non-Adult targeting options
  • Intentional misleading of or deception towards visitors

The prohibited content above is a non-exhaustive list and Domain AG reserves the right to change the above list from time to time. In the event of prohibited content linking to your Advertising Campaigns, Domain AG shall be entitled, at its own election and with immediate effect, to temporarily or permanently disable your Advertising Campaigns and/or your access to the Site, Services, and Program. Domain AG shall also be entitled to collect, as a contractual penalty, any remaining balance in your account

2.5 Conversion Tracking Services

A.   The Services contain conversion tracking functionality that is only informal in nature. Domain AG takes no liability for the performance and statistics provided by any conversion tracking functionality. If you do make use of the conversion tracking functionality, it is solely your responsibility to continually compare your advertising costs on our Program against the sales you make at the destination you send purchased traffic from. You represent and warrant that you do not solely use the Programs's conversion tracking functionality

B.   Domain AG reserves the right to change or remove conversion tracking functionality at any time.

3. PAYMENT

3.1 Depositing Funds Into Your Account

The Program and Services operates on a prepayment basis only. Prior to purchasing any traffic on the Program, you must first deposit funds into your account via either wire transfer or Paypal. Please note that only US Dollars are accepted. Deposited funds can only be used to purchase traffic for your Advertising Campaigns. If your account balance is at any time negative, you shall replenish your account balance in order to offset this negative balance.

You agree that all statistics provided by the Program shall serve as official record regarding the number of visitors delivered to your Advertising Campaign and will be solely binding when considering payment. Any other methods you may use to track your Advertising Campaigns will be not be recognized by Domain AG.

You represent and warrant that you have ownership or legal authorization for any method of payment used to deposit funds into your account. Domain AG reserves the right to demand proof of ownership or legal authorization for any methods used to fund account, and may suspend your account until the issue is clarified.

If you wish to receive a refund of any remaining account balance, please contact support or your account manager. You agree to bear all transaction and processing fees with regard to any refund.

3.2 Credit Limits

Domain AG may in its sole discretion issue a credit limit for your account. You understand that Domain AG may at any time modify or cancel the credit limit in its sole discretion.

3.3 Factors Affecting Payment

You understand and acknowledge that payment methods may hold additional transaction fees that are out of Domain AG's control. You shall bear all costs related to depositing funds into your account.

In the event that any sites linked to your Advertising Campaigns are unavailable for any reason, you will not hold Domain AG responsible. All traffic delivered to your Advertising Campaign during this downtime will not be refunded. Domain AG does not bear any responsibility for factors beyond its control that may interfere with its ability to deliver visitors to your Advertising Campaign including, without limitation: downtime on your server or ISP, exceeding your bandwidth, or any error on your sites, any ad-blocker.

3.4 Frequency Caps

The Program allows you to set a cap on daily budget spent per Advertising Campaign. This cap is not binding and Domain AG does not warrant or guarantee that an Advertising Campaign will not exceed spend on a cap that has been set. It is your sole responsibility to pause any Advertising Campaigns where you no longer wish to spend money on.

3.5 Taxes

You understand and agree that it is solely your responsibility to pay all applicable local, state, federal, and foreign taxes for all activities related to the Service and Program

3.6 Disputes

The Program delivers visitors to your Advertising Campaign based on targeting options that you have selected. The delivery of this visitor constitutes a performance of a service. You understand and agree that Domain AG will only accept objections to the performance of this service when you are able to provide evidence beyond a reasonable doubt that the visitor delivered was not human in origin or that the visitor did not conform to your selected targeting options. Provided evidence should include specifics such as IP, timestamps, and any other details available. The burden of proof with regard to all disputes lies solely with you.

All disputes must be sent to Domain AG within thirty (30) days of the date on which they occurred by email to payments@tavolo.com. Failure to notify Domain AG within such a period constitutes an acceptance of, and agreement with, payment made.

4. LIABILITIES DISCLAIMER AND INDEMNIFICATION

All of the terms and conditions contained in this Agreement must be adhered to and are legally binding immediately upon agreement and/or by using our Program. You represent and warrant that you have full power and authority to agree to these Terms of Service, YOU TAKE SOLE RESPONSIBILITY FOR THE USE OF OUR SITE, SERVICES, AND/OR PROGRAM. DOMAIN AG AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS, INDEPENDENT CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, ADVERTISERS AND AGENTS ("DOMAIN AG PARTIES") ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS). EXCEPT AS EXPRESSLY SET FORTH HEREIN, NONE OF THE DOMAIN AG PARTIES MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ALL RISK ARISING OUT OF THE USE OR PERFORMANCE OF OUR PROGRAM REMAINS WITH YOU, THE USER OF OUR PROGRAM. THE SITE, SERVICES, AND PROGRAM ARE PROVIDED ON AN "AS IS" BASIS AND THE DOMAIN AG PARTIES DISCLAIM ANY REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SUCCESS OF THE PROGRAM, YOUR ADVERTISING CAMPAIGNS, OR THE ERROR-FREE, DISRUPTION-FREE, TIMELY, OR SECURE NATURE OF THE PROGRAM. THE DOMAIN AG PARTIES DO NOT MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM OUR SITE. NO ADVICE, STATEMENTS, REPRESENTATIONS, OR INFORMATION PROVIDED TO YOU BY ANY DOMAIN AG PARTY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DOMAIN AG PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF THE DOMAIN AG PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ANY DOMAIN AG PARTY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE TO INDEMNIFY AND HOLD THE DOMAIN AG PARTIES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, SERVICES, AND/OR PROGRAM, YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY APPLICABLE LAW OR ANY RIGHTS OF A THIRD PARTY. YOU AGREE THAT ALL PROVISIONS IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

5. INTELLECTUAL PROPERTY

You may not copy, alter, transmit, or create derivative works from any content, database information, data and services available on, and collected as a whole through this Site. Domain AG shall own all rights, title and interest, including without limitation all intellectual property rights relating to the Site, Services, and Program including, but not limited to, all software, code, technology, content, database information, data, guidelines, and documentation and all modifications, improvements and derivatives thereto. The property of Domain AG, its affiliates, advertisers and licensors, are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws internationally. All rights not expressly granted herein are fully reserved by Domain AG, its affiliates, and licensors.

You shall not, and shall not allow any third party to: (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any intellectual property in any way related to the Program; (ii) remove any copyright, patent, trademark or other proprietary rights notices affixed to or provided as a part of the Program, or any technology, software, materials or documentation related to the Program; (iii) crawl, index or in any non-transitory manner store or cache information obtained from the Program; (iv) transfer, sell, lease, lend, disclose, or use for co-branding, timesharing, service bureau or other unauthorized purposes any aspect of the Program or access thereto; (v) directly or indirectly access, launch and/or activate the Program through or from any software application or means other than the Site; or (vi) engage in any action or practice that reflects poorly on the Program, Domain AG or its vendors, or otherwise disparages or devalues their reputation or goodwill.

Your materials (i.e. ads, campaigns, destination URLs, etc) are and shall remain your sole and exclusive property, including all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent therein.

6. PRIVACY POLICY

Domain AG's Privacy Policy which may be accessed at www.Tavolo.com/privacy covers your rights and our responsibilities with regard to your personal information. We will never use this information in any way that is inconsistent with the guidelines provided in our Privacy Policy (available on our Site). We reserve the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request. Except as expressly permitted, all information given to you by Domain AG is confidential and you agree not to share it with any third party.

7. COPYRIGHT INFRINGEMENT

Domain AG is committed to respecting others' intellectual property rights, and we ask our Advertisers to do the same. Domain AG may, in its sole discretion, terminate the accounts or access rights of Advertisers who violate others' intellectual property rights.If you believe that your work has been copied in a way that constitutes copyright infringement on our Site, please deliver the following information to Domain AG's
Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our Site;
  • Your address, telephone number, and e-mail address so that we may contact you;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to

act on the copyright owner's behalf.
Domain AG's Copyright Agent for notice of claims of copyright infringement on our Site can be reached as follows:
Domain AG, Attn: Legal
Churerstrasse 25
8808 Pfaffikon SZ, Switzerland
A copy of the notice and supporting materials should also be submitted electronically legal@tavolo.com.

8. TRADEMARK INFRINGEMENT POLICY

Due to the vast number of Advertisers from a wide range of countries participating in our Program, it is impossible for us to monitor and verify every Advertising Campaign proactively for intellectual property compliance and we are not in the position to arbitrate intellectual property disputes between Advertisers and potential trademark holders. Our Terms of Service state that Advertisers or their representatives have sole responsibility for ensuring their use of our Program does not infringe on any third party rights. It is the intellectual property owner's responsibility to monitor their rights and to file a complaint directly with the domain owner if they believe these rights have been violated by someone using our Program. If you are a trademark owner or the legal representative of a trademark owner and you have a good faith belief that an Advertiser using our Program infringes on your patent, copyright, trademark, or other intellectual property rights, please contact legal@tavolo.com.

9. MODIFICATIONS

We reserve the right to amend this Agreement at any time and without advance notice. All changes to this Agreement will be effective as of 14 days ("Effective Date") from the date the changes are posted online, and you will be responsible for complying with these terms no later than the Effective Date. This Agreement may not be modified by you. Your continuing use of the Program following the Effective Date shall constitute your assent to the amended Agreement.

10. WAIVER

The failure of Domain AG to enforce or to exercise at any time or for any period of time any term of or any rights pursuant to this Agreement does not constitute, and shall not be constructed as, a waiver of such term or right and shall in no way affect Domain AG's rights to enforce or to exercise those terms or rights.

11. TERM AND TERMINATION

This Agreement shall in remain effect and you will continue to be bound by it indefinitely until this Agreement is properly terminated. Domain AG's quality assurance team in Switzerland may terminate this Agreement and bar your access to the Site, Services, and Program without cause and without notice at any time. You may also terminate this Agreement, provided that you are in good standing with Domain AG, and owe no outstanding balance or liabilities to Domain AG, and have not used our Site, Services and/or Program for more than 4 months. Upon termination of this Agreement, you will cease to have access to the Site and subsequently any data you had previously created, managed, or stored in or through our Site. We are also under no obligation to store and/or archive this data. You shall have no settlement claims based on termination of this Agreement.

12. GENERAL

12.1. Venue

Domain AG is located in Pfaffikon, Switzerland. This Agreement is governed by the laws of Switzerland, without regard to its choice of law rules. You consent to the jurisdiction of, and venue in, courts located the Canton of Schwyz, Switzerland. You also hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against Domain AG or its affiliates in any dispute arising out of or relating to our Site. The use of our Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

12.2. Relationship between Domain AG and Advertiser

You agree that no joint venture, partnership, employment, work-for-hire, or agency relationship exists between you and Domain AG as a result of this Agreement or use of the Site and/or Services.

12.3. Severability/Enforceability

If any term or provision in this Agreement is determined to be invalid or unenforceable, (i) the remaining terms and provisions hereof shall be unimpaired and (ii) the invalid or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. Domain AG's performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of Domain AG's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site.

12.4 Prohibtion of Assignment

You may not assign any of its rights or delegate any of its duties under these Terms of Service without the prior written consent of Domain AG. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations to be performed under this Agreement. Except as otherwise expressly provided in this Agreement, this Agreement shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties to this Agreement

12.5 Attorney's Fees

If Domain AG prevails in any action, suit, or proceeding arising from or based upon this Agreement, Domain AG shall be entitled to recover from you Domain AG's reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.

13. CONTACT US

If By Mail:
Domain AG
Churerstrasse 25
8808 Pfaffikon SZ, Switzerland
If By Email: support@tavolo.com

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