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Terms & Conditions
ACCEPTANCE OF TERMS OF SERVICE
1.1. ADTOKER LTD., incorporated under the number 14698224 and the business address 82A JAMES CARTER ROAD, MILDENHALL, SUFFOLK, UNITED KINGDOM IP28 7DE (herein referred to as “Ad Toker”, “Adtoker”, “we”, “us” or “our”) owns and operates the website https://adtoker.com, platforms, including Adtoker [www.adtoker.com] (the “Website”) and makes available marketing and promotional services (the “User-Generated Ads Services”). All use of the User-Generated Ads Services and Website is subject to the terms and conditions in this Terms of Service Agreement, as amended from time to time (the “Agreement”). Please read this Agreement carefully. By accessing, creating an account, browsing, or otherwise using Adtoker’s User-Generated Ads Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse, or use the Adtoker’s Services.
1.2 You understand and agree that we may change this Agreement at any time without prior notice. Any changes to this Agreement will be posted on this page and will indicate the latest revision. You may read a current, effective copy of this Agreement at any time by visiting https://adtoker.com/terms-of-service. Adtoker will notify you of any changes to this Agreement either through a pop-up notice, email, or other reasonable means. We are not responsible for lost notifications. Any such changes will become effective no earlier than thirty (30) days after they are posted, except for any changes made to Adtoker functionality, services or for any legal reasons that are effective immediately. Continuation to browse Adtoker’s websites and/or use Adtoker’s services will constitute as your agreement to any changes made to the Agreement.
1.3 Additional Terms. In addition, when using Adtoker, you will be subject to any additional terms applicable to our services that may be posted on the Adtoker websites and/or services from time to time, including without limitation, Adtoker’s Privacy Policy (the “Privacy Policy”), additional terms and conditions applicable to the Brands and Creators. All such terms and conditions are hereby incorporated by reference into this Agreement.
1.4 ARBITRATION. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. SECTION 10 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ADTOKER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED IN A COURT OF LAW.
INTRODUCTION
2.1 The purpose of Adtoker is to arrange social media content creators (“Creators”) to produce user-generated content exclusive to businesses (“Brands”) and enable social media marketing and user-generated content campaigns: create and manage relationships, arrange products/services giveaways, enable user-generated content purchases and distribution on social media; subject to compliance with these Terms of Service. In these Terms of Service, Brands, and Creators are collectively and individually referred to as “users” or “you” as the context requires.
2.2 Your access to and use of Adtoker is conditional upon your agreement and acceptance of these Terms of Service. Continuation to use Adtoker is regarded as acceptance of these Terms of Service. If you do not wish to be bound by these Terms of Service, do not use the Website or don’t purchase any of Adtoker’s services.
2.3 Adtoker may at any time revise these Terms of Service by updating this page. Revisions will take immediate effect and may affect your ability to use the Website. Since you are bound by these Terms of Service each time you use Adtoker, you should check these Terms of Service for any revisions each time you use it and wherever prompted to do so. Your use of Adtoker following the posting of any revisions to these Terms of Service constitutes your acceptance of those revisions.
2.4 Adtoker reserves the right to change the Website in any way it sees fit. Even if you have an Account, your ability to access and use Adtoker may be terminated at any time without notice to you.
2.5 Any costs associated with using Adtoker remain your responsibility and are dependent on the service provider used.
USING THE ADTOKER WEBSITE
3.1 Adtoker produces user-generated content for Brands to use in advertisements, on social media, in emails, and on their respective websites (or wherever they see fit), which include, but is not limited to, the following activities:
3.1.1 Acquire Creators’ content, created specifically for the Brand;
3.1.2 Acquire distribution on social media channels, owned and operated by Creators; and
3.1.3 Provide Creators with affiliate commissions, based on sales made through Creators’ channels if previously agreed upon.
3.2 Brand acquires the rights to any content, created by Creator via Adtoker, in accordance with a Rights License.
3.3 The relevant Brand is solely responsible for:
3.3.1 providing accurate and comprehensive campaign, Creator and/or content requirement description (Campaign Brief);
3.3.2 ensuring product giveaways or service trials;
3.3.4 (if chooses to) approving campaign participants and content created for the Brand in a timely manner; and
3.3.5 timely payments for executed campaign or user-generated content received.
3.4 Adtoker allows Creators to participate in social media marketing and/or user-generated campaigns by:
3.4.1 providing tailored social media marketing and/or user-generated content campaigns with accurate and comprehensive requirements;
3.4.2 publish content on Creator owned social media channels in accordance with Campaign Brief and other requirements, provided in advance; and
3.4.3 create user-generated content for Brands in accordance with Campaign Brief and/or other requirements, provided in advance.
3.5 Creator is solely responsible for:
3.5.1 providing accurate and up-to-date personal, contact, and social media account information;
3.5.2 ensuring compliance with Campaign brief and/or other requirements, provided in advance. Adtoker reserves the right to decline Creators work until provided requirements are matched to desired standards;
3.5.3 timely delivery, in accordance with Campaign Brief and/or other requirements, provided in advance; and
3.5.4 include necessary information, required by Adtoker, Brand or the governing law when publishing on owned social media channels, including but not limited to ad disclaimers.
3.6. Creators and Brands agree that they will not attempt to negotiate terms or payment for the social media marketing campaign or user-generated content.
3.7. You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of Adtoker to a human perceivable form; distribute or republish any element of Adtoker in any way; resell, rent, lease or lend any element of Adtoker; defeat, disable or circumvent any security feature of Adtoker; or transfer any element of Adtoker to any third party.
3.8 To use Adtoker, users must be eligible to use the social media Websites (under the relevant platforms prevailing terms and conditions) upon which they intend to publish Posts. By using any social media applications or features on Adtoker, you also consent and agree to be bound by the particular terms and conditions of use of the social media platform.
3.9 You are solely responsible for your interactions with other users of Adtoker. You agree that Adtoker is not responsible for the conduct of any user.
3.10 You must not engage in crawling, scraping, caching or otherwise accessing any content on Adtoker via automated means, except with Adtoker’s written consent.
3.11 Nothing in these Terms of Service is intended nor does create a partnership, agency, employment, or fiduciary relationship between Adtoker and any user.
3.12 Subject to your compliance with these Terms of Service, you are granted a limited, non-exclusive, revocable, and non-transferable license to access and use Adtoker in the manner anticipated in these Terms of Service. Any costs associated with accessing and using Adtoker generally remain your responsibility and are dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device is compatible with Adtoker and meets all relevant technical specifications necessary to obtain the benefit of Adtoker.
3.13 Adtoker may contain links to other sites not maintained by Adtoker (“Linked Sites”). Adtoker is not responsible for the content of any Linked Sites, whether or not Adtoker is affiliated with the Linked Sites. Adtoker does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or contributions from you, Adtoker shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for your convenience only and you agree to access them at your own risk.
3.14 You also acknowledge and consent to the Adtoker Website accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Adtoker Website. Adtoker Website is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
4. Rights in Content and Outcomes Delivered by Adtoker
4.1 All rights, titles, and interests in all Intellectual Property Rights in Contents will remain the property of the Brand. These Terms of Service are constituting a grant of any ownership rights in the Content created by the Creator to the Brand, the such assignment being absolute, worldwide, and for all uses and purposes including, without limitation the re-assignment of the Content to any other person or entity (including a Brand), licensing the Content to any other person or entity (including a Brand), the making of any modifications, enhancements, adaptations or versions of the Content, creating derivative works, and including any releases of the post in any medium. Adtoker, upon service order by the Brand, execute all documents and perform all acts necessary to vest all intellectual property rights.
4.2 In addition to the above and in consideration of Payment or non-financial compensation previously agreed upon for the Post and/or Content, the Creator agrees to grant in respect of each and every Post and/or Content:
4.2.1 the right to use the Creator’s Identity and performances in the Post and/or Content and to communicate the Post to the public in all languages, in all media including but not limited to: all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to the website of Adtoker and internal communications of Adtoker); in all social media (including but not limited to the social media channels of Adtoker); and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media); and
4.3 Creators grant to Adtoker and its successors, licensees, and assigns, to the maximum extent permitted by law, an unconditional and irrevocable waiver of all Moral Rights in the Content and/or Post, and genuine consent to Adtoker and its successors, licensees, and assigns, to use, deal, reproduce, publish, transmit, adapt, edit, change, modify or relocate the Post and/or Content, whether in whole or in part, and whether alone or in combination with any other materials, including where such acts involve an infringement of any Moral Rights subsisting in the Post and/or Content.
ADDITIONAL TERMS FOR BRANDS
6.1 Further Terms for Brand Accounts
6.1.1 To register a Brand Account, you must access the Adtoker Website, and provide your full name, email address, and telephone number. You will not be charged to register as a Brand Account.
6.1.2 With respect to Campaigns, the Brand acknowledges and agrees that the Brand’s use of any Post and/or Content is strictly conditional upon payment for the Campaign and then only in accordance with these Terms of Service.
6.2 Payment Terms for Brands
6.2.1 You agree to pay Adtoker all fees and charges made to your Brand Account for created content, published Posts and any creator work, in accordance with these Terms of Service.
6.2.2 You must pay all charges in the manner agreed upon creating the Campaign. If no manner for payment is stated, the payment must be made by credit card using a provider authorized by Adtoker, Adtoker reserves the right to charge a credit card surcharge.
6.2.3 Brands may request that Adtoker issue an invoice for fees and charges expected to be incurred by the Brand during the course of a Campaign (“Invoice”), prior to the commencement of the Campaign.
6.2.4.2 The designated content creators will receive the brands’ products- for FREE- before creating content or brands can pay additional charge of (product+shipping price) for Adtoker to purchase the product deliver it to the creator if the brand don’t want to deal with this process; and
6.2.4.3 Adtoker, under its sole discretion, identifies a threat to the Creator’s interest.
6.2.3 Adtoker reserves the right to refuse any Invoice request at its sole discretion.
6.6 When you create a Campaign for your Brand, you undertake that you are an authorized user of the card or account (as applicable) nominated on your Brand Account and to pay the applicable charges, that the card details provided are current, correct and complete and that your nominated card or account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means. Upon receiving your demand, we may carry out a standard pre-authorization check of your nominated card or account (as applicable) to verify the details provided and to ensure there are sufficient funds to fulfill the Campaign Budget. The relevant Campaign may not be started until this pre-authorization check has been completed.
6.7 If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), your campaign will be canceled and you will not receive any outcome. Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to the Adtoker Website or to suspend or terminate any current Campaigns.
6.8 Terms for Campaigns
6.8.1 Adtoker in its sole discretion reserves the right to reject Campaigns that do not comply with these Terms of Service or applicable law.
6.8.2 Upon creating the Campaign, you agree to the calculated price per Post and/or Content and confirm the Campaign budget.
6.8.3 You must not attempt to instruct, coerce or manipulate Creator to hide the commercial relationship between the Brand (Advertiser) and the Creator. Such attempts may result in the Brand being immediately removed from the Adtoker Website and cancellation of service without any refund.
6.8.6 Brand acknowledges that Creators are independent third parties and not directly controlled by Adtoker. As a consequence, any Posts and/or Content will inherently risk negative or unflattering comments about the Brand’s content, products, or services.
6.8.7 You acknowledge that Adtoker has not made any warranties in respect of the success of any Campaign in respect of your business or commercial performance or otherwise of any Post, Content, Campaign, Channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.
ADTOKER INTELLECTUAL PROPERTY
7.1 All Adtoker Materials on the Adtoker Website are protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these Terms of Service. Nothing in these Terms of Service will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the Adtoker Materials to a Brand or Creator.
7.2 All right, title and interest in all Intellectual Property Rights in all of Adtoker brands, logos, images, buttons, codes, layout, text, content, and products and services as displayed on the Adtoker Website (the Brand Features) are the property of Adtoker and will remain or be vested in Adtoker at all times. Your use of the Adtoker Website will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Adtoker Website. Adtoker, on a case by case basis and to the extent required, grants you a limited, non-exclusive license to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Adtoker Website.
CREATOR & BRAND REPRESENTATIONS AND WARRANTIES
8.1 Creators and Brands participating in the Adtoker Website warrant, represent and covenant that:
8.1.1 all information you provide to Adtoker upon registering for an Account is true, accurate and complete and not misleading;
8.1.2 any third-party social media accounts to which you link are:
8.1.2.1 your own accounts;
8.1.2.2 if the Account refers to a Brand, you are the authorized representative of the Brand with the right to access its social media accounts and represent its interests; and
8.1.2.3 if the Account refers to an individual other than you, you are the authorized representative of that individual with the right to access his or her social media accounts and control his or her interests.
8.1.3 You have the right and authority to create an Account and agree to these Terms of Service, including, where relevant, the authority of any Brand or individual to create an Account, agree to these Terms of Service and to use the Adtoker Website on its or his or her behalf;
8.1.4 You are authorized to submit Post and/or Content, as applicable, in the manner invited via the Adtoker Website;
8.1.5 Any Content you submit to the Adtoker Website will not contain anything that:
8.1.5.1 is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
8.1.5.2 is copied or adapted either wholly or substantially from any other work or material;
8.1.5.3 is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
8.1.5.4 parodies, disparages or makes fun of Adtoker or its products of services generally in any way;
8.1.5.5 solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses (unless part of a Campaign);
8.1.5.6 promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
8.1.5.7 involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or
8.1.5.8 infringe the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity.
ACKNOWLEDGEMENTS
9.1 The Brand and the Creator acknowledge that:
9.1.1 Brand may arrange to send Creators a sample product or choose to reimburse Adtoker the cost associated with purchasing and shipping the product/service;
9.1.2 Adtoker will not be responsible or liable in any way for late delivery or non-arrival or any products sent from a Brand to a Creator;
9.1.4 nothing in these Terms of Service grants to the Creator any ownership rights in the Intellectual Property Rights of the Brand; and
9.1.5 nothing in these Terms of Service requires the Brand to make use of any of the rights granted to the Brand by the Creator under this Agreement.
9.2 You agree to indemnify, and must defend and hold harmless, Adtoker and its related bodies corporate, personnel, servants, and agent, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Adtoker Website):
9.2.1 your Content or access to the Adtoker Website;
9.2.2 your breach of these Terms of Service or any of the warranties or covenants given or made by you;
9.2.3 your claim against a Brand for any reason;
9.2.4 your claim against a Creator for any reason;
9.2.5 any claim by any third party (including any other brand or influencer) arising directly or indirectly from you breach of any of the provisions of these Terms of Service;
9.2.6 any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights;
9.2.7 your violation of any applicable laws, rules or regulations; and
9.2.8 any misrepresentation made by you.
LIMITATION OF LIABILITY
10.1 In using the Adtoker Website, you may be exposed to Content that is harmful, obscene, misleading or inaccurate. Under no circumstances will Adtoker be liable in any way for any Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted or otherwise made available via the Adtoker Website.
10.2 Any liability of Adtoker to a Brand in connection with these Terms of Service or the Brand’s use of the AdtokerWebsite, regardless of the form or cause of action, shall be limited to the amount actually paid by the Brand to Adtoker for the services related to the Brand’s most recent Campaign. Adtoker shall not be liable to Creator for damages of any kind arising out of the Creator. Without limiting their foregoing, in no event shall Adtoker or any of its associated entities, successors in title, licenses, or assigns be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, arising out of, or in connection with, the Adtoker Website, these Terms of Service or any Post, Content or Campaign. The foregoing limitations apply whether the alleged liability is based on tort, contract, negligence, or any other basis, even if Adtoker or any other party has been advised of the possibility of such damages.
MONITORING
11.1 Adtoker reserves the right to monitor the Adtoker Website generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, Adtoker may close or freeze the Account immediately. Adtoker retains the right and absolute discretion to suspend or terminate your Account, and/or access to the Adtoker generally without notice if Adtoker believes you have abused any privilege accorded to you as a participant in the Adtoker Website, supplied misleading information or made any misrepresentations to Adtoker in connection with the Adtoker Website tampered with the Adtoker Website in any way, breached these Terms of Service, or engaged in any unlawful or other improper misconduct calculated to jeopardize the proper administration of the Adtoker Website. Adtoker retains the right to remove any Content that it considers breaches these Terms of Service. In the event of termination or suspension of your Account in accordance with these Terms of Service, you will have no further access to your Account for the duration of the suspension or at all in the event of termination. Adtoker’s legal rights to recover damages or other compensation from you are reserved.
GENERAL TERMS
12.1 If the Adtoker Website is not capable of running as planned for any reason beyond the reasonable control of Adtoker, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Adtoker Website, or if any social media platform alters its terms of service, access or permission in such a way that affects the Adtoker Website, Adtoker reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Adtoker Website and its related services.
12.2 No additional Creator or Brand originating agreement or other terms and conditions (including a purchase order or insertion order terms and conditions) may be imposed on Adtoker unless agreed by Adtoker in writing and, in such case, if any terms and conditions in a Creator or Brand originating agreement or other terms and conditions are inconsistent with these Terms of Service, these Terms of Service shall prevail to the extent of any inconsistency.
12.3 If you are using the Adtoker Website on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service constitute the entire agreement between you and Adtoker and govern your use of the Adtoker Website, superseding any prior agreements between you and Adtoker. You will not assign any rights or obligations under these Terms of Service, in whole or in part, to any third party without the prior written consent of Adtoker. Adtoker may assign its rights or obligations hereunder at its sole discretion.
12.4 If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Service without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
DISPUTE RESOLUTION
13.1 Agreement to Arbitrate. This Section 13 is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Adtoker, whether relating to this Agreement (including any alleged breach thereof), the Adtoker Services, any advertising, any aspect of the relationship between us, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of regulatory bodies, such as the Information Commissioner’s Office or the Financial Ombudsman Service, and such regulatory bodies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Adtoker are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Arbitration Act 1996 governs the interpretation and enforcement of this Arbitration Agreement.
13.2 YOU AND ADTOKER AGREE THAT WE MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ADTOKER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
13.3 Adtoker is always interested in resolving any disputes amicably and efficiently, and most user concerns regarding the Adtoker Website and/or Adtoker Services can be resolved quickly and to the user’s satisfaction by emailing customer support at contact@adtoker.com. If Adtoker and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Adtoker may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Adtoker or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Adtoker is entitled.
13.4 All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
13.5 If a court decides that any term or provision of this Arbitration Agreement other than Section 13.3 above is invalid or unenforceable, the parties agree to replace such term or provision with 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, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any provision in Section 13.3 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
13.6 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Adtoker agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice E-Mail Address) while you are a user of the Adtoker Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice E-mail Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
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