Website Terms of Service

AdButler is a SparkLIT Networks Inc product and follows all it's agreements and policies.

Welcome to the AdButler website. The following terms and conditions (the "Terms of Use") govern your use ("You", "Your" etc) of this website and any services that are offered here by SparkLIT Networks Inc., owners of AdButler ("AdButler"). By using this site or the services provided thereon, you agree to be, and are, bound by these Terms of Use. AdButler may update these Terms of Use from time to time, so please check back frequently. You acknowledge and agree that your continued use of the AdButler website or services after any such update signifies your acceptance of such modified Terms of Use. Because this is a legal agreement between you and AdButler, please print out and retain a copy for your records. If you do not agree to these Terms of Use, you are not authorized to access or use this site or the services provided here.

1. OWNERSHIP

The trademarks, logos, and service marks displayed on the AdButler website (collectively, the "Marks") belong to AdButler and others. AdButler and all other trademark owners retain all rights in and to the Marks, and nothing in these Terms of Use grants you or anyone else any right whatsoever to the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent.

Unless expressly stated on the AdButler website, you should assume that all content, images, and materials appearing on this website (collectively, the "Content") are the sole property of AdButler. Such Content is protected by Canadian, U.S. and international copyright laws and treaties. You may not use, reproduce, display, or sell any Content without AdButler's prior written consent. You may not frame any portion of the site without AdButler's prior written consent.

2. TERMINATION OF SERVICES/WEBSITE

AdButler may modify or discontinue its website or the services it provides at any time, and for any reason, with or without notice. AdButler will not be liable to you or any third party as a result of such modification or discontinuation of any website or services. The provisions of these Terms of Use will survive any termination of this website or any services provided by AdButler.

3. DISCLAIMER

You acknowledge and agree that your use of our website and the services we offer is at your own risk. Without limiting any other provision contained in these Terms of Use, everything on the website and the services we offer are provided to you "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ADBUTLER HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. ADBUTLER MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE ADBUTLER WEBSITE IS ACCURATE OR COMPLETE, OR THAT THE ADBUTLER WEBSITE OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS.

4. LINKS

Our website may contain links to other Internet websites or resources. You acknowledge and agree that AdButler is not responsible or liable in any way for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our website does not imply that AdButler endorses any of the linked sites. You use the links at your own risk.

5. REGISTRATION AND ACCOUNT USE

You agree that any information you provide in response to AdButler's registration and other forms will be true, accurate, current and complete. In particular, you agree not to misrepresent your identity to AdButler. By submitting any information to AdButler, you grant AdButler the right to use this information to provide any services you request and for any other purpose that is consistent with our privacy policy, which policy is set forth in the Agreements & Policies section of our site.

If you become a registered user of our site or services, you will set a password for accessing your account information. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. AdButler will not be liable for any loss that you may incur as a result of any third party's use of your password or account, either with or without your knowledge. You may not use anyone else's password at any time.

6. LIMITATION OF LIABILITY

If you do not agree with our Terms of Use, or if you are not satisfied with our website or any of the services that AdButler provides, your sole remedy is to discontinue your use of the AdButler website and services. ADBUTLER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT (EXCEPT AS EXPRESSLY PROVIDED IN ADBUTLER'S MEMBERSHIP AGREEMENT FOR PAID SERVICES), INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE ADBUTLER WEBSITES OR SERVICES, AND WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADBUTLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF ADBUTLER'S WEBSITES AND SERVICES.

SOME JURSIDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

7. INDEMNITY

You agree to defend, indemnify, and hold harmless SparkLIT Networks Inc, its officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the AdButler website, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.

8. MODIFICATIONS TO TERMS OF USE

No modification to these Terms of Use will be effective unless: (a) posted by AdButler in the Agreements & Policies section of AdButle's website; or (b) expressly agreed to in writing on AdButler's letterhead and signed by an executive vice president or higher-level officer of SparkLIT Networks Inc. Any modification posted on this site will become effective immediately, and your continued use of AdButler's websites or the services it offers will signify your acceptance of such modified terms.

9. GENERAL PROVISIONS

These terms will be governed by and construed solely in accordance with the laws of the United States and the State of Utah, excluding that body of law governing conflict of laws. Both you and AdButler agree that any legal action or proceeding relating to or arising out of these Terms of Use or your use of AdButler's website or services will be brought exclusively in a federal or state court in Utah, and by agreeing to these Terms of Use you submit to the personal jurisdiction of, and venue in, such courts.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, nor does it affect your obligations or AdButler's rights and remedies under these Terms of Use in any other way. Except for other agreements, terms, or policies appearing on the AdButler website, these Terms of Use set forth the entire understanding and agreement between you and AdButler regarding the subject matter hereof.

10. AD SERVING PROVISIONS (FOR ADBUTLER)

Advertisement Responsibilities

You are considered solely responsible for all ads that you create, upload or traffic using AdButler. AdButler is not liable for any loss or damage that your ads may cause to you or others. In using AdButler, you declare that you have all of the necessary rights and permissions to traffic your ads through AdButler.

Advertisement Quality Testing

AdButler must approve all ads before they begin serving on your website or through other designated sources. AdButler partners with one or more third party companies which scan all advertising materials for malware or other malicious content submitted to AdButler's platform. To ensure that your ads are not flagged for further review or prevented from serving, ensure that you avoid potentially obscured or malicious implementations. Some examples of ads that may be flagged include but are not limited to obfuscated JavaScript, auto-redirecting ads, drive-by-downloads, and deceptive download links.

Enforcement and Infractions

AdButler reviews all ads that are flagged, and may periodically review live ads to ensure continued compliance with our guidelines and Terms of Service even if an advertisement has been previously approved. AdButler reserves the right to remove or disable any ads that it believes are non-compliant with its quality requirements, for any reason. In addition to removing or disabling ads, AdButler also reserves the right to suspend and/or delete your account.

11. ADDITIONAL INFORMATION

This website is owned and operated by SparkLIT Networks, Inc. of Victoria, British Columbia, Canada. Any questions relating to this website or these Terms of Use may be directed to http://adbutler.com/contact-us.spark. Thank you for using the AdButler website.