Thank you for visiting and using the website located at: www.take1ads.com (“Website”), which is provided by Lumer Sp. z o.o.. doing business as Take1 (referred to herein as “Take1”, “We”, “Us”, or “our”). Your use and access of the website is governed by and subject to the following agreements, applicable to you and your use of the website and Service:
“You” means you as a visitor or user to the Website and shall apply to you as an individual and to your business entity if you purport to represent such an entity.
“Services” means any of the information, links, products or services offered on this Website.
“Your Data” means all electronic data or information submitted by you for the Services.
We shall: (i) provide to you basic support for the Services and/or the use of the Website, (ii) use commercially reasonable efforts to make the Services and/or the use of the Website available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which we shall give at least 8 hours’ notice via the Website), or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquake, war, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays, (iii) provide the Services only in accordance with applicable laws and government regulations.
As mentioned above, in order to use the Website, you must: (a) be a natural person, at least 18 years old and able to form a legally binding contract under applicable law; and (b) reside in a jurisdiction where use of the Website is permitted.
Take1 reserves the right to monitor the location from which you access the Website and to block access from any computer which Take1 determines, in its judgment, is located in a jurisdiction where use of the Website is prohibited or restricted.
Without limiting the foregoing, you understand and agree that we reserve the right to, in our sole discretion, deny access to the Website to any person or entity and that we shall have no liability of any kind or based on any theory of law, equity, contract, tort or otherwise, to you or to any third party as a result of any decision we might make to deny you access to the Website.
All content, including, but not limited to, the descriptions, information, flash files, artwork, text, images, animations, video, audio, logo, slogans, pictures and media files, (collectively, “Website Content”) contained on the Website is owned or controlled by Take1 and may be protected by worldwide copyright and trademark laws. You may access and use the Website Content only for personal, non-commercial purposes. You may not use, change, copy, publish, sell, post, transmit or distribute any Website Content for any other purpose, without Take1’s express written consent.
Please respect our intellectual property rights. Any personal usage or reprint of our materials must include all copyright, trademark and any other proprietary notices reflecting Take1’s exclusive ownership of said content. We expressly do not provide any rights or licenses to you as a user of our website and Take1 retains exclusive worldwide intellectual property rights to all its materials.
Part of your agreement with Take1 is that you will NOT use the Website for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of Take1. You agree that all information provided by you is true. You may NOT use the Website in a manner, which could/may damage, disable, overburden, or impair any aspect of the Website or the network or networks connected to the website, or may interfere with any other party’s ability to use or enjoy the Website. Any unauthorized attempts to gain access to the website, or other individual accounts, or any computer systems or networks connected to any Take1 Website, through any means, including; hacking, password mining, is strictly prohibited. Further, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the Take1 Website.
You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or other material that would violate any law or expose Take1 to liability. Take1 may delete, remove or destroy any such material at Take1’s sole discretion.
By using the Website, you acknowledge that all information, content and materials contained on the Website (in any form or media, the “Website Materials”) may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by Take1, its affiliates, subsidiaries, third party content suppliers, vendors, licensors or business partners. Except for third party materials which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Website Materials.
The trademarks, logos, and service marks displayed on the Website whether or not registered (collectively the “Trademarks”), are Trademarks of Take1, its affiliates, subsidiaries, and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Website should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademarks without our written permission or the written permission of the third party that owns the Trademarks.
Your misuse or unauthorized use of any Trademarks or any Website Materials is strictly prohibited. You are hereby advised that we are prepared to aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. We will also reasonably cooperate with any third party alleging that such party’s intellectual property rights have been infringed on the Website and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint.
The Website may contain links to third-party Websites, which are provided by Take1 only as a convenience (“Third Party Content”). Your dealings with Third Party Content are solely between you and the third party. Therefore, you acknowledge and agree that we and our Related Entities are not responsible or liable for the availability of, nor do we or our Related Entities endorse the products or other materials of the Third-Party Content.
Product specifications and other information may have either been provided by the vendors or collected from publicly available sources. While Take1 makes every effort to ensure that the information on this Website is accurate, Take1 can make no representations or warranties as to the accuracy or reliability of any information provided on this Website. Take1 makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any Website reliance on representations and warranties provided by any vendor shall be at your own risk.
Take1 retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Take1 reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND WEBSITE MATERIALS ARE AT YOUR OWN RISK. THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT TAKE1 DOES NOT WARRANT NOR REPRESENT THAT: (A) THE WEBSITE OR WEBSITE MATERIALS ARE ACCURATE, COMPLETE, FREE FROM VIRUSES OR FREE FROM INFRINGEMENT, (B) THAT THE WEBSITE OR WEBSITE MATERIALS WILL OPERATE CORRECTLY OR ERROR-FREE OR WITHOUT INTERRUPTION, OR (C) THAT YOUR USE OF THE WEBSITE OR WEBSITE MATERIALS WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES.
Without limiting the foregoing, you understand and agree that neither Take1 nor its Related Entities are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR PRINCIPALS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUBSIDIARIES OR AFFILIATES, OR OUR SUBSIDIARIES’ EMPLOYEES AND CONSULTANTS (COLLECTIVELY, “RELATED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, WHICH YOU OR SUCH THIRD PARTY MAY INCUR AS A RESULT OR ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF THE WEBSITE OR WEBSITE MATERIALS, DAMAGES TO USERS’ SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND TAKE1 ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
You agree that this Agreement and any other agreements referenced herein may be assigned Take1, in its sole discretion, including, but not limited to a third party in the event of a merger or acquisition.
Last update: 01.01.2022