Mojeek Advertising Terms
Account: Your Mojeek account at https://accounts.mojeek.com/
Ads: Customer's advertising content including, but not limited to, URLs and text.
Advertiser: is an entity whose Ads (whether created by itself or by a third party on its behalf) are placed by Customer through Mojeek Advertising.
Advertising: Mojeek's search advertising service (as defined in section 3).
Claim Period: within 60 days after the invoice date.
Destinations: URL destinations to which Ads direct viewers (e.g., landing pages).
Targets: Ads traffic or targetting selections and/or decisions (e.g. categories, keywords).
Taxes: any sales, value added, stamp, or similar taxes that are permitted to be collected under applicable law.
Website: https://www.mojeek.com/ and any other Mojeek URLs owned and operated by Us.
We/Us/Our: Mojeek Limited, a company registered in England under 06918197, whose registered address is High Street, Croydon, CR9 2UU.
You/Your/Customer: individual or entity named that accepts these Terms electronically.
These Terms set out the terms under which Your Account is set-up and Our Advertising service is used.
You (Customer) accept these Terms electronically when signing up for Your Account, or continuing to use Your Account after being notified of a change to these Terms.
If a Customer is using Our Advertising to place advertisements on behalf of an Advertiser, Customer represents and warrants that it is authorised to act on behalf of the Advertiser and has bound the Advertiser to the Terms and all references to Customer in these Terms will also apply to such Advertiser. If Customer has not bound an Advertiser to these Terms, Customer will be responsible for performing any obligation, including any contractual or non-contractual disputes and claims of any nature, the Advertiser would otherwise have had under these Terms. We may share Advertiser specific information with Customer and Advertiser as part of the Our Advertising service.
Please read these Terms carefully and ensure that you understand them before creating Your Account, adding credit and paying for Advertising. These Terms are in the English language only. In consideration of the foregoing, You and We agree as follows:
- Mojeek Advertising is a search advertising platform on which Customer authorises Mojeek to use automated tools to format Ads.
- Customer authorises Mojeek to place Your Ads on our Website.
- Customer is solely responsible for all Ads, Targets, Destinations, and services and products advertised on Destinations.
- If Customer is using Advertising on its own behalf to advertise and not on behalf of an Advertiser, for that use Customer will be deemed to be both Customer and Advertiser.
- Mojeek may modify or cancel Advertising at any time.
- Customer must effect cancellation of Ads online through Customer's account.
- Customer will not provide Ads that contain or connect to malware, spyware, unwanted software or any other malicious code or knowingly breach or circumvent any security measure.
- Customer is solely responsible for its use of the Advertising (e.g. safeguarding Account login details and use of the Account). Use of Advertising is subject to the advertising policy available at https://www.mojeek.de/ads/policy/ and all other policies made available by Mojeek to Customer, as modified from time to time.
- Customer also authorises Us to modify Ads as described in https://www.mojeek.de/ads/policy/, as modified from time to time.
- Customer will not, directly or indirectly: (a) access or use Advertising or provide Ads content to Us for Advertising that in any way violates applicable law; (b) generate automated, fraudulent, or otherwise invalid impressions, inquiries, clicks, or conversions; (c) use any automated means or form of scraping or data extraction to access, query or otherwise collect Mojeek advertising-related information from our Website; (d) attempt to interfere with the operation of Advertising; (e) access or use Advertising or provide Ads content to us for Advertising that contains, distributes or results in the delivery of any form of virus or malware or any malicious software code; (f) advertise substances, services, products or materials which contravene applicable laws and regulations in any country in which Ads are displayed, placed or otherwise made available; or (g) engage in any other illegal or fraudulent business practice under the laws of any state or country where an Ad is made available.
- Customer will not provide Ads that connect to malware, spyware, unwanted software or any other malicious code or knowingly breach or circumvent any Advertising security measure.
- Charges are based on the billing criteria used the Advertising (e.g. time period, impressions, clicks or conversions). Any portion of a charge not disputed in good faith must be paid in full.
- We may, at Our sole discretion, extend, revise or revoke credit at any time. We are not obligated to deliver any Ads in excess of any credit limit.
- You must dispute charges within the Claim Period.
- Neither of us is liable for any Taxes the other is obligated to pay. You will pay any Taxes that are associated with the use of the Advertising, including any related penalties or interest.
- Charges are exclusive of Taxes (including VAT). Our VAT number is GB125810533.
6. Warranty and Obligations
- Each party warrants to the other that it will use reasonable skill and care in complying with its obligations under these Terms. Customer warrants that:
- Customer holds, and grants Mojeek the rights in Ads, Destinations, and Targets for Mojeek to operate the Advertising;
- all information and authorizations provided by or on behalf of Customer are complete, correct and current;
- will not violate or encourage violation of any law or applicable regulation or code of practice;
- will not infringe any intellectual property rights of any third party and or contain any material which may be harmful, abusive, obscene, threatening or defamatory.
You authorise Mojeek to conduct tests that may affect Your use of Advertising, including Ads formatting, position, Targets, Destinations, performance, pricing. To ensure the timeliness and validity of test results, You authorise Mojeek to conduct such tests without notice or compensation to You.
8. Contacting Us
To contact Us, please email or using any of the methods provided at https://www.mojeek.de/about/contact. We always welcome feedback and, whilst We always use all reasonable endeavours to ensure that your experience as a Customer is a positive one, We nevertheless want to hear from you if you have any cause for complaint or any type of feedback.
9. Disclaimers and Limitation of Liability
- We make no representations about the quality or availability of Our Advertising or anything else and exclude all warranties and guarantees (statutory, express, implied, or otherwise) to the greatest extent allowed under applicable law. You access and use Our Advertising entirely at your own risk. All aspects of Our performance and services are "as is," "as available." and "with all faults."
- Nothing in the Terms will exclude or limit either party's liability: (a) for fraud or fraudulent misrepresentation; (b) under Clause 10; (c) for Your breach of Clauses 3(vii) and 6(iv, v); (d) for payment of sums properly due and owing to the other in the course of normal performance of the Terms; or (e) for anything which cannot be excluded or limited by law.
- To the greatest extent allowed under applicable law, neither party is liable for any special, incidental, consequential, exemplary, punitive, or other indirect damages under or in connection with these Terms (including for loss of data or profits), foreseeable or not, regardless of the theory of liability.
- The maximum, aggregate liability of either party to the other, and all third parties: (a) for all claims in connection with the Terms is limited to £1,000; and (b) subject to the foregoing clause (a), for any given claim is the amount paid by You to Us under the Terms for the ad campaign from which that claim arose.
You will defend and indemnify Us from and against all claims, demands, suits, or other assertions of rights by any third party (including, if you are a Customer entering into this Terms on behalf of an Advertiser, the Advertiser), and all resulting judgments, settlements, and expenses (including legal fees and costs), that arise out of or relate to Ads, Your use of Our Advertising, or Your breach of these Terms.
11. Changes and Termination
- We may make non-material changes to these Terms at any time without notice, but We will provide advance notice of any material changes to these Terms.
- Either party may terminate these Terms at any time immediately upon notice to the other party, but campaigns not cancelled under Clause 3 (vi) may be run.
- We may suspend Customer's ability to participate in the Advertising at any time, for example, in the event of payment issues, suspected or actual violations of the Policies or these Terms or for legal reasons.
- From time to time Customer may have advertising credits within the Account. Unless used by the applicable expiration date, these advertising credits will expire and not be available to the Customer.
- Clauses 9 to 11 will survive termination of these Terms.
12. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13. Law and Jurisdiction
These Terms, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
Any disputes concerning these Terms, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Thank you for reading to the end. We look forward to working with you. Since we we don't collect personal data from people using Mojeek search these terms are certainly shorter and simpler than other similar terms, for search advertising.