Please carefully read the Legal Notice and the Terms of Services below. The Legal Notice is a summary of substantial legal moments of the Terms of Services which we ask you to pay attention to. The Legal Notice is a note based on the Terms of Services and is for informational purposes only. It does not restrict or limit the rights, obligations and/ or liabilities set forth or coming from the Terms of Services.
Tacolo.co Legal Notice
Warranties and representation. Please check out whether you comply with all warranties and representations listed below. For your convenience and exclusively for informational purposes we have prepared separate list of warranties and representations.
Indemnification. You indemnify Us from any liabilities arising from Your actions on Platform, including but not limited to liability from ad fraud or breach of someone's intellectual property rights.
Waivers. You are solely responsible for financial results of your campaigns.
TACOLO.CO Client Agreement (the "Agreement")
Skyforge Digital AG ("tacolo.co", "We", etc.) being a network offering a service that enables Clients globally to collect new subscribers in their inventory and/or to assign their existing subscribers for monetization (the "Service"), and
You (the "Client", "You", "Yours", etc.) being the owner/administrator/controlling person of the domain zone(s) and having sufficient authority to enter into present Agreement, seek to monetize your existing subscribers and/or to collect new subscribers in your inventory for monetization (the "Client's web site/link", "Your domain zone(s)", "Site", etc.),
WHEREAS,
tacolo.co has offered its service to the Client through publisher.tacolo.co website (the "Program", etc.) and Client's personal account, and you decided to utilize the Service,
NOW,
tacolo.co and Client hereby agree as follows:
BY CHECKING THE BOX AND CLICKING "I ACCEPT" BUTTON, AS APPLICABLE, OR BY CONTINUING TO PARTICIPATE IN THE SERVICE FOLLOWING OUR PUBLICATION OF THE REVISED VERSION OF THIS AGREEMENT ON OUR WEBSITE, YOU (A) CONFIRM THAT YOU ARE AWARE AND COMPLY WITH PRESENT AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO ENTER INTO THIS AGREEMENT AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT.
1. Definitions
1.1. "Ad(s) or Advertisement(s)" – means graphical, interactive, rich media and video, or other online advertisements, including, without limitation, banners, buttons, pop-ups, pop-unders and video advertisements or similar generated by advertiser's web-servers in response to a query from tacolo.co.
1.2. "Client" – means a party that has decided to enter into this Agreement and to assign tacolo.co to provide services in accordance with the terms and conditions of this Agreement.
1.3. "Client Account" / "Account" – means the Client's account at tacolo.co web-site publisher.tacolo.co.
1.4. "Content" – means textual, visual, or aural content that is encountered as part of the Client's domain zone(s). It may include documents, data, applications, e-services, images, audio and video files, personal web pages, archived e-mail messages, and etc.
1.5. "Domain zone(s)" – means/includes/represents/refers to any and/or all domain names/websites/sites/landing pages/links of the Client provided to tacolo.co for the provision of the services under the terms of this Agreement. The most suitable/appropriate interpretation being/to be adopted depending on each case and at the discretion of tacolo.co if such interpretation is questionable/in dispute.
1.6. "Effective Date" – means the date of adoption of the terms of this Agreement by the Client or in the absence of its signature, the date when the Client set up a Client Account with tacolo.co.
1.7. "tacolo.co Network" – means tacolo.co's network offering the Service to the Client, available at publisher.tacolo.co, including advertisers and Clients.
1.8. "Confidential Information" – will include any information, whether provided in writing, orally, visually, electronically or by other means, related to the Service(s) and/or business of a party and is treated as confidential or secret by the party, including but not limited to (i) all information marked as "Confidential," "Proprietary," or similar legend by the disclosing party ("Discloser") when given to the receiving party ("Recipient"); and (ii) information and data provided by the Discloser, which under the circumstances surrounding the disclosure should be reasonably deemed confidential or proprietary.
2. The Service
2.1. In order to become a Client, you must first accurately submit an application for tacolo.co account at our website and be in compliance with present Agreement (in case of using Self-service) or register as a Client by contacting tacolo.co directly (in case you wish to use dedicated campaign Management service) for acceptance, and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection as tacolo.co' Client. We may accept or reject your account registration at any time at our sole discretion for any reason. tacolo.co reserves the right to add, edit, remove or reclaim any account details (including your submissions) with or without your consent if deemed appropriate at tacolo.co sole discretion.
2.2. By filing your account application or registering as a Client you confirm your understanding and unreserved acceptance of present Agreement and other terms and conditions of tacolo.co, including, but not limited to the Privacy Policy, published at our website concerning the Services, and confirm that you are a duly authorized signatory, have full legal capacity and all the necessary authority to bind the individual, company or other entity, and hereby submitting a legally binding electronic signature and entering into a legally binding contract.
2.3. In order to be eligible to become a tacolo.co's Client, all domain zones shall meet the following criteria:
Be content-based, not simply a list of links or advertisements, nor can the site/link be centered around making money off of our advertisers;
Be fully functional at all levels; no "under construction" sites/links or sections; and
Shall comply with the applicable legislation.
For the first two criteria described above, exceptions may apply at the sole discretion of tacolo.co, in the sense that some domain zones without content and/or sites/links or sections "under construction" may be accepted/verified by tacolo.co only at its own will and when it considers it appropriate.
2.4. The Client must provide tacolo.co with all domain zones that wished to be used during the provision of the services before the placement of any ad tech in domain zone(s) of the Client, for verification purposes. At all times, the Client must notify tacolo.co for any new domain zone(s) before proceeding with any ad tech placement.
2.5. Client understands and accepts that tacolo.co does not allow and prohibits the multiple account opening for each Client. Client agrees not to fill in an account application and/or register as a Client more than one time and/or hold more than one account with tacolo.co for any reason and/or in order to benefit in any way from any marketing promotional program/project and/or offer available for the Client by tacolo.co.
In any case where tacolo.co identifies multiple account applications/registrations/openings/holdings of a Client through the use of any technology or through other means available for and/or acceptable by tacolo.co only, tacolo.co may forbid access to and/or suspend and/or ban and/or close any such multi accounts and/or the main account of the Client and/or manage all accounts in such way and/or take any other actions and measures deemed appropriate in the sole discretion of tacolo.co , regardless of the reason/purpose that such multi account applications/registrations/openings/holdings were created.
If the only and/or any account of the Client is forbidden access to and/or is suspended and/or banned and/or closed for any reason, including but not limited for reasons related to prohibited/non-accepted activity, the Client understands and agrees that is not allowed and will not fill in another account application and/or re-register and/or create and/or hold any other new account for the same reason and/or for any other prohibited/non-accepted activity.
2.6. tacolo.co may allow multi account applications/registrations/openings/holdings for a Client if this is specifically and clearly predefined as accepted/permitted in any specific marketing promotional program/project and/or offer and/or in exceptional cases, at any time and for any reason tacolo.co considers acceptable and solely at its own discretion, if the Client submits such request by sending an email to [email protected]
2.7. The content of the Client's domain zone(s) or its affiliated domain zone(s) can not include any material that infringes the rights of any third party or is in violation of any law, as bound by the law or determined by us in our sole discretion, including but not limited to the following:
• pornography, adult or mature content;
• illegal activity and/or promotion of illegal activity (i.e. illegal online gambling, how to build a bomb, counterfeiting money, hacking, phreaking, etc);
• hate-mongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.) or otherwise objectionable content;
• violence (including gratuitous violence), profanity, obscene or vulgar language and abusive content or content which endorses or threatens physical harm;
• illegal substance and/or promotion of illegal substance;
• drugs or any related paraphernalia;
• adware, malware, viruses, phishing offers;
• creatives should not contain the words like "your software 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;
• Intellectual property rights (branch name, trademarks, logo, etc);
• Investment, money-making opportunities or advice not permitted under law;
• Material that defames, abuses, or threatens physical harm to others;
• Software Pirating (e.g., Warez, P2P, Bit torrent, Hotline, etc.);
• Hacking or Phreaking;
• Any illegal activity whatsoever;
• Any spoofing, redirecting, or trafficking from adult-related domain zones/websites/landing pages/links in an effort to gain traffic;
• Any other inappropriate activity as determined by us in our sole discretion.
2.8. tacolo.co has the following Non-Acceptable Business rules for Clients:
• Where there are known or perceived links to terrorist organisations, military, arms and/or ammunition manufacture or sales;
• Where there is knowledge or suspicion of money laundering or terrorist financing;
• Where it is known or there are reasonable grounds for suspicion that a criminal offence has taken place;
• Where the client or any of the clients associated parties are subject to any sanctions measures;
• Where the client is undertaking an activity or trade within, from or into a country where that activity is subject to embargo and/or trade control restrictions;
• Producers/Clients of racist/pornographic/pressure group material or extreme political propaganda;
• Regulated entities that do not have the appropriate licensing;
• Extreme political and/or charitable organisations.
2.9. Client acknowledges and accepts that tacolo.co may, without any previous notice and at its own discretion, use any means and/or apply any preferences, at any level it solely considers appropriate, in order to increase the performance in the domain zone(s) of the Client, such as ads frequency, except in cases where such means and/or preferences and/or levels are previously specified/predefined by the Client. tacolo.co may at any time at its own discretion and/or at the request of the client change and/or redefine any already applied means and/or preferences and/or levels for any site/link.
2.10. Client must not use any tool and/or inventory and/or campaign preferences available for him through tacolo.co for and/or in any way that suggests and/or results to any misleading and/or fraudulent activity. Client understands and agrees that such tools and/or inventories and/or campaign preferences are only provided to the Client in good faith and that tacolo.co is not responsible and must not bear any responsibility whatsoever in relation to their use at any time.
2.11. There are the following methods of using the Service available – Self-Service or Management service.
Self-Service assumes that access to the Service shall be provided through Clients' personal account. tacolo.co support team may provide assistance upon your request, however, all the actions or modifications made through your account shall be deemed made solely by you.
Management service assumes that assistance of using the Services and Program shall be provided by tacolo.co officers.
2.12. All support and/or assistance and/or service provided to Client by tacolo.co and/or tacolo.co officers and/or support team and/or any other tacolo.co personnel and/or employee is intended to be and must be considered by the Client as mere information. No information and/or support and/or assistance and/or service provided during such Self-Service or Management Services and/or during the Provision of the Services themselves shall be construed as containing, advice or a recommendation or an offer of or solicitation for any service provided, regardless of the type, kind, form, mean, way in which it is provided. In addition, any past performance described is not a guarantee of or prediction of future performance. tacolo.co does not take into account your personal objectives or financial situation. tacolo.co makes no representation and assumes no liability as to the accuracy or completeness of the information provided, nor as to any loss arising from any action based on an assumed recommendation, forecast or other information supplied by any tacolo.co officers and/or support team and/or any other tacolo.co personnel and/or employee. All expressions of opinion are subject to change without notice. Any opinions made may be personal to the individual itself and may not reflect the opinions of tacolo.co. No communication whatsoever must be reproduced or further distributed without the prior permission of tacolo.co.
2.13. In order for any communication between the Client and tacolo.co and/or tacolo.co officers and/or support team and/or any other tacolo.co personnel and/or employee to be deemed as information provided by tacolo.co as part of the Provision of tacolo.co Services to the Client, whether conducted during the Provision of Services themselves and/or during the use of Self Service or Management Service, must be contacted through the authorised channels of tacolo.co, namely through the support chat within SSP and through an email registered with tacolo.co. Any information provided through any other means of communication must not in any way be considered as information provided by tacolo.co officers and/or support team and/or any other tacolo.co personnel and/or employee as part of the Provision of tacolo.co Services to the Client and/or during the use of Self Service or Management Service. tacolo.co and Client both consider all such other means of communication as unauthorised channels of communication and agree that tacolo.co shall bear no responsibility whatsoever for any information provided through them.
2.14. You may not transfer your account to anyone without explicit written permission of tacolo.co, and you may not use anyone else's account or password at any time without the express permission and consent of the holder of that account. tacolo.co cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
3. Placement of Ads
3.1. Client shall NOT place any advertisements provided by tacolo.co network advertisers attracted through the Service on alternative Clients or domain zone(s) without written consent and approval of tacolo.co Client will not place advertisement on pornographic/offensive, and/or warez, and/or illegal MP3 sites/directories, and/or P2P/Bit-Torrent sites, and/or Spyware or malicious code of any sort and/or alternatively questionable areas. In the case whereby advertisements are placed in such sites/directories, tacolo.co reserves the right to withhold payment for the entire campaign and/or submit an immediate legal action against the Client and/or set a monetary fine in the amount based on the damages caused.
3.2. tacolo.co does not check or control the activities or contents at your domain zone(s), but all the services may be rejected and we reserve the right to delete your account, withhold and freeze all fees and remunerations if you engage in fraudulent or illegal activity.
4. Payments
4.1. tacolo.co pays weekly with no hold period.
4.2. Payouts go out every Tuesday (09:00−18:00 UTC+3) for revenue generated during the previous week (Monday—Sunday).
4.3. The minimum payout threshold is $100
5. Representations, Warranties and Covenants
• You represent, warrant and covenant that: your domain zone(s) is in compliance with all applicable laws and terms and conditions of present Agreement, and does not contain or promote, nor links to another domain zone(s)/websites/landing pages/links that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, infringing, sexually explicit or illegal content, including copyright ownership infringements and unlawful use of intellectual property;
• You agree not to promote via domain zone(s)/websites/landing pages/links or link to domain zone(s)/websites/landing pages/links containing any pornographic, racial, ethnic, political, software pirating (e.g. Warez) or hacking, hate-mongering, or otherwise objectionable content;
• You agree not to engage in any illegal activity, in accordance with applicable law, whatsoever, is not allowed;
• You represent and warrant that you own or have legal rights to use and distribute all content, copyrighted material, trademarked materials, products, and services displayed on your domain zone(s); you agree not to use deceit when marketing advertiser's offers or presenting these offers to consumers; you have the right, power, and authority to enter into this Agreement and grant the rights specified herein;
• You will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the domain zone(s)/website/landing page/link, ad tech, links, tags, source codes, links, pixels, modules or other data provided by or obtained from tacolo.co that allows tacolo.co to measure ad performance/subscribers and provide its service ("Site Data");
• If instructed to do so by tacolo.co and/or if this Agreement terminates, you will immediately remove and discontinue the use of any Site Data; You acknowledge that tacolo.co does not represent, warrant, or make any specific or implied promises as to the successful use of Service;
• You agree to display the creative exactly as it appears on the Program and will not alter any creative that has been submitted to the Site/Link;
• You agree to display the creative exactly as it appears on the Service and will not alter any creative that has been placed through the Service;
• If you are notified that fraudulent activities may be occurring on your domain zone(s), and you do not take any actions to stop the fraudulent activities, then you are responsible for all associated costs and legal fees resulting in these fraudulent activities;
• You represent, warrant and covenant that you will not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large loan on our technology infrastructure or otherwise make excessive demands on it; You may not disable, circumvent or otherwise interfere with security related features of our Service or features that prevent or restrict use or copying of any part of our Service, or which enforce limitations on the use of our Service;
• Hereby You irrevocably authorize tacolo.co to transfer a request received by tacolo.co to provide information for the payment directly to your financial institution available;
• You represent, warrant and covenant that your domain zone(s) does not contain any sexual or erotic material that depicts persons under the age of eighteen (18) or in a manner that suggests that they are under the age of eighteen (18);
• If any errors or undesirable results occur due to no fault of tacolo.co, tacolo.co shall not be responsible for losses, and you may not be compensated;
• Client undertakes to ensure that its servers support the subscribers and traffic directed to ad campaign through our Service. tacolo.co takes no responsibility for all the consequences in the event your servers cannot support the subscribers and traffic directed to your domain zone(s). You shall test your domain zone(s) to insure its correct appearance in different web browsers, devices or systems and optimize it if necessary.
• You acknowledge that every case of violation of the terms of this Agreement will lead to material and business standing losses of tacolo.co in the amount of at least US $ 1,000. Therefore, we reserve the right to recover damages caused in the specified amount, or the amount of actually incurred losses, in the event of your breach of contract. Such losses may be deducted from the balance of your personal account in the Service.
6. Fraudulent Activity
6.1. YOU MAY NOT CHEAT, DEFRAUD OR MISLEAD US, OR ATTEMPT TO CHEAT, DEFRAUD OR MISLEAD US, IN ANY MANNER.
You are expressly prohibited from using any means, program, tools, part of the services provided, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with the Services or generating of remuneration or exceed your permitted access to tacolo.co Service. You are forbidden from using any preference/method resulting to the re-direction of the user to your domain zone(s) when such user has at least once previously chosen through a certain action to leave your page.
You expressly agree not to use any means/method and/or apply any preferences/tool/inventory that results to and/or directs/re-directs/forwards/links users from Your domain zone(s) to any other domain zone(s), in which tacolo.co is not the only network that and/or another/third party enables the collection and/or monetization of your subscribers.
These prohibited activities include but not limited to: framing an ad-banner's click-through destination, invisible iframe, auto-spawning of browsers, running "spiders"/"bots", and automatic redirecting of users or any other technique of generating automatic or fraudulent click-through and/or impressions. Ads may not be placed on an automatically reloaded page. In any case tacolo.co shall make all determinations about fraudulent activity in its sole discretion.
6.2. If Client is suspected in any fraudulent activity tacolo.co shall have the right to ban Your Client Account, to withhold account balance and to take all necessary legal actions to restore the damage caused by this violation. All services carried out on Clients domain zone(s) with fraudulent activities are not subject for payment.
7. Limitation of Liability; Disclaimer of Warranty
IN NO EVENT SHALL TACOLO.CO BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE, OPERATION OF A PROGRAM/TOOL, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE/AD TECH ON YOUR DOMAIN ZONE(S), AND/OR FROM OUR EFFORT AND/OR OUR ACTIONS INTENTING TO INCREASE THE PERFORMANCE OF YOUR DOMAIN ZONE(S) EITHER TAKEN WITH OR WITHOUT YOUR CONSENT INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF TACOLO.CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TACOLO.CO IS ONLY THE TOOL ENABLING YOU TO COLLECT AND MONETIZE YOUR SUBSCRIBERS. THE INFORMATION, CONTENT AND OTHER TACOLO.CO SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. YOU USE THE SERVICE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TACOLO.CO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SERVICE, THE INFORMATION, AND CONTENT INCLUDED ON THE SERVICE AND PROVIDED BY TACOLO.CO, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TACOLO.CO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SERVICE OR WEBSITE OR PROVIDED BY TACOLO.CO IS ACCURATE, COMPLETE OR CURRENT.
8. Indemnity
You shall indemnify, defend and hold tacolo.co harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys´ fees) which may be incurred by or to the third parties arising out of your: (a) improper use of the Service; (b) improper operation of a Program/Tool; or (c) breach or violation of any clause of this Agreement or other mutual agreement of its parties.
9. Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
10. Miscellaneous
10.1. This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants.
10.2. Present Agreement is the principal document in legal relationship of the Parties, and shall be deemed an entire agreement of the Parties. In case of contradictions in using Service or Program, present Agreement shall prevail in any case.
10.3. Each Party is an independent contractor and not a partner, joint venture or employee of the other. All notices shall be sent to the addresses submitted by you when signing up for the Service by certified mail, fax, email or courier.
10.4. tacolo.co reserves the right to change any terms and conditions of this Agreement at any time. You may refer to contract revisions in our website – tacolo.co. The terms and conditions of present Client Agreement (as published on tacolo.co (the "Terms")) bind the parties from the date signed or the date service is provided and shall apply to each and any services provided by tacolo.co. This Agreement shall take precedence over any other terms and conditions issued or stated or referenced to apply relating to the services provided by tacolo.co.
10.5. Representations and warranties of Client set forth in this Agreement (in particular, Section 15) hereof shall survive closing for a period of one (1) year from the termination date.
10.6. No claim for a breach of any representation or warranty by tacolo.co shall be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was disclosed to Client and/or actually known by Client prior to termination.
10.7. Client acknowledges and agrees that entering into this Agreement it has not relied and is not relying on any representations, warranties or other statements whatsoever, whether written or oral other than those expressly set out in this Agreement, Privacy Policy or other terms and conditions published at tacolo.co and that it will not have any right or remedy rising out of any representation, warranty or other statement not expressly set out in this Agreement.
10.8. All claims related to the use of the Service or Program shall be submitted by the Client within 30 days from the end of the Reporting Period only. In the case of missing the specified term, tacolo.co reserves the right not to process the complaint, and all the services shall be deemed rendered properly.
10.9. Headings to sections and subsections in this Agreement are for the convenience of the parties only and are not intended to be a part of or affect the meaning or interpretation hereof.
10.10. You agree on using of any communication method (email message/SMS message/phone) with contact details provided in your personal account.