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Scale Storm Ltd ("we", "us", "our" and "ScaleStorm" is a mobile advertising platform with technology that enables our mobile application partners to show relevant advertising to their End Users. In order to provide relevant advertising, we collect and use certain information. ScaleStorm is deeply committed to protecting the privacy of all our users, both Clients and End Users. Therefore, the ScaleStorm Privacy Policy (this "Policy") is designed to clearly explain how we use and manage the Anonymous Information and Personal Information collected by our Services. By using or interacting with our Services, you are agreeing to the terms of this Policy.
If you are viewing any of our websites in-order to sign up as a developer, advertiser, or publisher ("Client"), on sign-up you will be requested to enter into an agreement with ScaleStorm (Agreement). That Agreement may contain additional privacy disclosures and obligations. If there is any inconsistency between the Agreement and this Privacy Policy, the Agreement prevails.
As a Client or visitor to our Sites, we collect certain information that you voluntarily provide to us. This is collected when you interact with our Services and provide us with information by filling out a form or signing up to a Service. This may include your name, contact details such as e-mail address and payment details where relevant.
We also use Cookies, Web Beacons and other technologies to store and retrieve information to optimize your experience of the Services and more effectively run our Services.
As an End User of an App that utilizes ScaleStor™s Services, we may automatically collect or receive Anonymous Information via SDKs or other means in order to effectively run our services.
The type of information we collect may include: generic geographic location, anonymous device identifiers for advertising, operating system versions, mobile applications names, language settings, device type information, mobile network settings, IP addresses, internet browser types where used to access the Services, details of any interactions with our Service.
We may also collect and store information locally on your device using mechanisms such as local storage identifiers. These local storage identifiers in no way damage your system or files and we primarily uses these identifiers to optimize our Service and to limit the number of ads you see and deliver more relevant ads to you.
We may receive Anonymous Information or aggregated information from our Clients or other third parties. This information may include device information or other information related to the ads we serve.
The Services may link to third party content. These parties are not within the control of ScaleStorm and are governed by those parties™ respective privacy policies.
ScaleStorm uses the information we collect about you to provide the Services and to optimize the Services to provide a better user experience to our Clients and End Users. For example, we may use your information in order to:
ScaleStorm will not share your Personal Information
ScaleStorm may also share Anonymous Information with our Clients or other third parties in accordance with this privacy policy.
ScaleStorm takes reasonable steps to protect all information which we hold from misuse, loss, unauthorised access, modification or disclosure. All personal information is kept on secure servers. ScaleStorm minimizes the amount of time we store sensitive data on our servers and other data is only stored for as long as necessary in order to provide our services and /or comply with our legal obligations.
We do not knowingly collect Personal Information from children under 13. If we learn that we have collected the personal information of a child under 13 we will take steps to delete the information as soon as possible.
In line with best practice in our industry, we respect End User™s rights to opt-out of receiving Interest Based Advertising. iOS devices include Apple's advertising control features which can limit ad tracking using the "Limit Ad Tracking" setting. In Android devices, End Users can activate the "Opt out of interest-based ads" setting. Please note that even if you opt-out, you will still receive advertising but these ads will not feature interest-based ads that may be more relevant to you.
We reserve the right to amend this policy at any time. The policy, as modified, shall appear on our mobile website; http://www.scalestorm.net/privacy.html Your continued use of and/or interaction with our Services is acknowledgement of your acceptance of these changes.
You are entitled to gain access to the Personal Information we hold about you. To do so, or if you have any questions or comments regarding this Policy, please contact us at:
Definitions
Anonymous Information is information that does not identify a user. It is sometimes referred to as Non-Personally Identifiable Information.
App or Application is a program downloaded onto a mobile device.
Clients are developers, advertiser, publisher or other parties who have entered into an agreement with us to use the Services.
Cookies are small pieces of data sent from a website that are stored in a user's web browser while the user is browsing that website. When a user revisits the website, the stored cookie data is available to the website.
End Users are users who interact with an App that is utilising the Services.
Interest Based Advertising means the collection of data from apps owned or operated by different entities for the purpose of delivering advertising based on preferences or interests known or inferred from the data collected from those apps.
Personal Information (also referred to as Personally Identifiable Information) is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. It also includes information from which the person's identity is reasonably ascertainable.
SDK or Software Development Kit (iOS versi on 4.5 and above; Android version 6.3 and above) is software which our Clients integrate into their Apps and allows them, through a connection to the Services, to provide their End Users with advertising. By downloading and using the App, End Users grant the App developer with permission to collect and share with ScaleStorm such information as detailed in this policy. Prior versions of the SDK are governed by the version of our Privacy Policy relevant to that SDK version. These are available upon request.
Services includes our websites (www.ScaleStorm.com and related sites); the connection to our network of application publishers, developers and mobile advertisers; the ad serving platform and SDK and other online services.
Web Beacons are objects that are embedded in a web page and are usually invisible to the user and provides statistics around website usage.
Advertising Scale Storm Ltd. (d/b/a Scale Storm) (the, "ScaleStorm", "We", etc.) are an advertising network that provide services for products monetization and promotion, connecting publishers and advertisers through our platform globally, and You (the, "Advertiser", "You", "Yours", etc.) is a business that is seeking an agency to perform advertising and marketing consultancy, media and media markets analysis, media campaign planning, media time buying, and media management services, and WHEREAS,
Scale Storm Ltd has offered its services to the Advertiser through www.scalestorm.net web site (the, "Site"), and You has chosen to hire Scale Storm Ltd to perform these services, NOW,
therefore, Scale Storm Ltd and Advertiser agree as follows:
1.1. "Ad(s) or Advertisement(s)" - means graphical, interactive, rich media and video, or other online advertisements, including, without limitation, banners, buttons, towers, skyscrapers and video advertisements or similar generated by Advertiser’s web-servers in response to a query from Scale Storm Ltd.
1.2. "Advertiser" - means the company that has decided to enter into this Agreement and that has decided to assign Scale Storm Ltd to provide online advertising services in accordance with the provisions of this Agreement.
1.3. "Content" means all ad content, related technology and tags provided by Advertiser that are subject to the Services under this Agreement.
1.4. "Effective Date" mea" means Scale Storm Ltd’s digital advertising network available on the Site, including advertisers and publishers.
1.6. "Scale Storm Ltd Network Property" means any website, application, content, property or any other media owned, operated, or provided by a company within the Scale Storm Ltd Network upon which Scale Storm Ltd places Ads.
1.7. "Confidential Information" - will include any information, whether provided in writing, orally, visually, electronically or by other means, related to the Services 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.
1.8. Campaign – certain actions set up by an Advertiser to increase traffic to the Advertiser or its affiliate web-site, sales and/or attracting new customers.
2.1. Scale Storm Ltd shall provide an ability to provide advertising services, including but not limited to provide You an opportunity to participate in programmatic instantaneous auction for ads slots at the web sites of Scale Storm Ltd Network (hereinafter, Services). Scale Storm Ltd will monitor, track and report its Services in a manner and on a schedule as determined by Scale Storm Ltd. In order to become an Advertiser you must first register yourself as an Advertiser by contacting Scale Storm Ltd directly (in case of using Management service) for acceptance, and not use any aliases or other means to mask your true identity or contact information. Advertiser also hereby waives any rights or requirements under any rule or the law in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
2.2. You may determine at your discretion the following method of Service – Management service. Management service assumes that all Services and ad campaigns shall be provided by sendin email-s to us. Scale Storm Ltd support team may provide assistance upon your request, however, all the actions or modifications made through your sending email instructions to us shall be deemed made solely by You. Management service assumes that all Other Services and ad campaigns shall be provided by Scale Storm Ltd managers.
2.3. Scale Storm Ltd will implement, monitor, track and report an agreed campaign. Scale Storm Ltd will furthermore report if and when errors have occurred in a Campaign in order to rectify such errors so that such Campaign can be carried out as agreed on. Scale Storm Ltd will also, at its sole discretion, provide support and advice on a Campaign during the term of this Agreement.
2.4. Scale Storm Ltd does not guarantee: (i) the placement, positioning or the timing of delivery of any Ad, or (ii) the number (if any) of any impressions, publications, conversions or clicks on any Ad on any Scale Storm Ltd Network Property.
3.1. Advertiser shall submit Contents for all Ad types in accordance with such due date as may be set out in this Agreement or as otherwise is communicated by Scale Storm Ltd.
3.2. Unless otherwise agreed in writing, the positioning of Ads on a Scale Storm Ltd Network Property is at Scale Storm Ltd sole discretion.
3.3. If Advertiser asks Scale Storm Ltd to carry out the posting or modification of a campaign or any element of the campaign (including without limitation through an authorization for Scale Storm Ltd to optimize campaigns generally), Scale Storm Ltd will carry out such posting and/or modification within 48 hours. Any such posting or modification carried out by Scale Storm Ltd shall be deemed approved by Advertiser from the earlier of: (i) confirmation from Advertiser, and (ii) the end of the 12th hour following the posting or modification carried out by Scale Storm Ltd. If Advertiser does not approve of the posting or modification, it must notify Scale Storm Ltd via e-mail within 12 hours of the posting or modification.
3.4. Advertiser is solely responsible for all: (i) Contents generated by or for Advertiser; (ii) properties to which a Content directs users (including without limitation content on the domain or landing page reached by clicking on the Content URLs; and/or (iv) Advertiser Services.
4.1. All stats and reported numbers for the purposes of billing and general delivery reporting are based on Scale Storm Ltd’s server reports unless otherwise mentioned in the relevant Insertion Order (the "IO").
4.2. In the event that Advertiser believes that there is a discrepancy in Scale Storm Ltd’s server reports, Advertiser must provide Scale Storm Ltd with a reasoned report of such discrepancy within three (3) calendar days from receipt of Scale Storm Ltd’s server reports. Otherwise, Scale Storm Ltd shall not be liable for such discrepancy. If the parties are unable to arrive at reconciliation, then Scale Storm Ltd stats and reports shall govern.
4.3. Scale Storm Ltd provides the ability to perform payments by using payment service providers. Advertiser shall have the right to select any payment service provider available. You agree that Scale Storm Ltd is not responsible for any actions applied by the payment service provider including but not limited to any additional transaction fees, banking commissions or currency fees applied to your transaction. All payments to Scale Storm Ltd include the above-mentioned fees and commission, if applicable.
Advertiser is responsible for all applicable taxes associated with provided ad services, other than taxes based on Scale Storm Ltd income.
4.4. In case of using Management services Advertiser shall set up all limitations and budget (fixed or unlimited) with Scale Storm Ltd managers to run Ads campaign. So Advertiser has to control spending of advertising budget and undertakes to inform Scale Storm Ltd in written about further actions to optimize such campaign. You shall pay for Services on the base of the invoices, issued by Scale Storm Ltd, by one the following options: (i) prepayment, (ii) net, or (iii) net + 0 days.
4.5. Advertiser shall be responsible for any pricing, Bid, Ad Unit Values, Bidding Terms errors or other errors ("Buyer Errors") resulting in a completed transaction (Ad Unit served), and shall be liable for any payments due in connection with the completed transaction. Advertiser acknowledges that:
4.6. Scale Storm Ltd reserves the right to discontinue service, withhold payment at any time and terminate present Agreement without liability to Advertiser in case of material breach of this Agreement by the Advertiser or its associated services. Parties hereby agree that any form of fraudulent or illegal activity, or any violation of the applicable laws and regulations, or any activity specified in Section 8 of this Agreement shall be deemed a material breach of this Agreement.
4.7. Scale Storm Ltd shall have the right to adjust your account balance in the case of (i) need of payment of bonuses, (ii) to deduct transaction fees, (iii) due to technical reasons, (iv) due to fraudulent activity, (v) upon additional agreement by the Parties.
4.8. All prepay funds will expire and become void/invalid after 12 months from the day on which the prepay deposit was made if the funds are not used.
5.1. Scale Storm Ltd warrants that the Service will perform substantially and materially in accordance with this Agreement and under normal use and circumstances, and for the purpose intended.
5.2. Except for the express warranties set forth above and to the extent permitted by law Scale Storm Ltd expressly disclaims all other warranties of any kind with respect to the Service, whether express or implied, including without limitation any warranties for merchantability, fitness for a particular purpose, that the Services will be uninterrupted, completely secure and/or free of software errors.
6.1. Each party will make every effort to uphold the highest ethical and commercial standards. If Scale Storm Ltd requests that advertisements should be removed from or not placed in any context that harms the goodwill or reputation of Scale Storm Ltd, Advertiser will promptly comply with such request.
In case of violation of its obligations under present Agreement by Advertiser, Scale Storm Ltd reserves the right to stop providing services and withhold Advertisers’ remuneration or fine.
6.2. Advertiser accepts and acknowledges the full responsibility in the event that the Contents in a campaign would be deemed invalid or illegal in any applicable jurisdiction.
6.3. Each Party waives its rights against the other in respect of warranties and representations (whether written or oral) not expressly set out or referred to in this Agreement. Nothing in this clause limits or excludes either Party’s liability for fraud.
6.4. In order to be eligible to become an Advertiser of software or other applications, Your software or applications must meet the following criteria:
Advertising software shall be installed only with the consent of the user, and shall provide ability of its removal without special additional programs.
6.5. Hereby you represent and warrant that you have all necessary rights, permits and licenses to star ad campaigns and for display Advertisement and operate your web-sites and business activities in the selected jurisdictions. In case of breach of this obligation, Scale Storm Ltd may terminate this Agreement at any time without prior notice and claim for compensation of incurred losses.
6.6. Advertiser undertakes to ensure that its servers support the traffic directed to ad campaign through our service. Anyway, Scale Storm Ltd takes no responsibility for all the consequences in case your servers cannot support the traffic directed to your web-site.
6.7. Advertiser accepts and acknowledges the full responsibility in the event that the Contents in a Campaign would be deemed illegal in any jurisdiction.
6.8. Hereby You agree not to grant any third parties the opportunity to place Ads that violate the requirements of the legislation, as well as ethics and morality rules. You shall bear all the expenses and losses incurred from Your illegal use of copyrighted materials (including Ads, trademarks, etc).
6.9. You warrant not to use automated tools, including robots, scripts, or spiders, for generation of the inquiries or gather information from the interface of the Scale Storm Ltd Network.
6.10. Hereby You warrant that You will not use the Scale Storm Ltd Network system interface for any purposes that violate any applicable laws or rights of any third parties, including its intellectual property.
6.11. You grant not to modify, adapt, translate, disassemble or otherwise attempt to derive the source code of any software, used in Scale Storm Ltd Network.
You are expressly prohibited from using any means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with the Services or exceed your permitted access to Scale Storm Ltd web-site. You are prohibited from any practice of disguising (cloaking) an Ads with different content or landing page. Scale Storm Ltd shall have the right, in proven cloaking attempts, to ban Your Advertiser Account, to withhold funds and to take all necessary legal actions to restore the damage caused by this violation. In any case Scale Storm Ltd shall make all determinations about fraudulent activity in its sole discretion.
Advertiser agrees to indemnify and hold Scale Storm Ltd, its affiliates, subsidiaries, successors and assigns harmless from any and all claims, actions, judgments or liabilities arising out of or in connection with Advertiser´s Campaign, any breach of this Agreement by Advertiser and/or of any representation, warranty or agreement in this Agreement.
9.1. Scale Storm Ltd has, in its sole discretion, the right, without any liability, to deny any advertising material that includes or based on any inappropriate or illigal content such as, including but not limited to, the following examples:
If Advertiser provides software for campaign, it shall be free from any spy- or malicious software. In confirmation of this fact the Advertiser can provide duly executed SSL-, or Code sign certificate.
Advertiser will defend, indemnify and hold Scale Storm Ltd or its affiliates and representatives harmless from any damages, liabilities, costs, and expenses (incl. attorneys’ fees) resulting from any claim, judgment or proceeding brought by a third party.
In case where advertisements are placed in such locations, Scale Storm Ltd reserves the right to withhold payment for the entire campaign and/or submit an immediate legal action against Advertiser and/or set a financial penalty, based on the damages caused to Scale Storm Ltd.
9.2. Advertiser further acknowledges and accepts that Scale Storm Ltd may stop a Campaign in case Advertiser’s site includes inappropriate content as described under section 9.1 above.
9.3. In order to ensure compliance with this section 9, Advertiser must notify Scale Storm Ltd in writing of any changes to the content on Advertiser’s site which could be deemed inappropriate content.
10.1. Advertiser hereby agrees not to contact websites or mobile applications in the Scale Storm Ltd Network in order to purchase advertisement space from them or engage in practice that would be deemed competitive to the efforts of Scale Storm Ltd in its attempts to represent the website’s advertising spaces. Violation of this clause shall be deemed a material breach of this Contract.
11.1. Each Party (a “Receiving Party“) understands that the other Party (a “Disclosing Party“) may disclose information of a confidential nature including, without limitation, product information, data, pricing, financial information, software, specifications, research and development and proprietary algorithms or other materials that is disclosed in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation "confidential" or any similar designation is used ("Confidential Information").
11.2. The Receiving Party agrees, for itself and its agents and employees, that it will not publish, disclose or otherwise divulge or use for its own purposes any Confidential Information of the Disclosing Party furnished to it by such Disclosing Party without the prior written approval of the Disclosing Party in each instance. Neither party will make any public announcement regarding the existence or content of the Agreement without the other’s prior written approval.
11.3. The Parties agree that if disclosure is made to their professional advisors, auditors or bankers this shall be done subject to each Party procuring each such recipient’s agreement to keep such information confidential to the same extent as if such recipient were Party to this agreement.
11.4. The foregoing obligations under this section 12 shall not extend to any information to the extent that the Receiving Party can demonstrate that such information (i) was at the time of disclosure or, to the extent that such information thereafter becomes through no fault of the Receiving Party, a part of the public domain by publication or otherwise; (ii) was already properly and lawfully in the Receiving Party’s possession at the time it was received by the Receiving Party free from any obligation of confidentiality, (iii) was or is lawfully received by the Receiving Party from a third Party who was under no obligation of confidentiality to the Disclosing Party with respect thereto, or (iv) is independently developed by the Receiving Party or its independent contractors who did not have access to the Disclosing Party’s Confidential Information or (vi) express written consent has been given prior to disclosure.
12.1. Either party may cancel the ads campaign and terminate present Agreement with 48 hours’ written notice to the other party.
12.2. Scale Storm Ltd shall be entitled, with immediate effect, to stop Advertiser’s Campaign or to prematurely terminate this Agreement in writing where: (a) Advertiser uses the Service in a manner that entails the perpetration of a crime; (b) Advertiser uses the Service in a manner that occasions losses or the risk of loss for Scale Storm Ltd or any third Party; (c) it may be reasonably assumed that a continued Campaign violates governing law; (d) notwithstanding reminders, Advertiser fails to pay agreed fees to Scale Storm Ltd within a stated time; (e) Advertiser otherwise fails to comply with this Agreement and such breach of contract is material; or (f) Advertiser is placed into insolvent liquidation or is otherwise insolvent.
In this case, Scale Storm Ltd shall have the right to block your account immediately and to withhold the remaining fund at your account as a fine.
13.1. Scale Storm Ltd shall be entitled, in whole or in part, to assign its rights and obligations under this Agreement to a company within the same de jure or de facto group of companies as Scale Storm Ltd without Advertiser’s prior consent.
13.2. Advertiser shall not be entitled to assign its rights or obligations under this Agreement without Scale Storm Ltd’ prior written consent.
Scale Storm Ltd reserves the right to amend the terms and conditions of this Agreement. The Advertiser shall be informed of such amendments by e-mail or through the information being made available on Scale Storm Ltd’s website. The Advertiser shall be deemed to have received such notice within two (2) weeks of the notice being sent by e-mail or made available on Scale Storm Ltd’s website. Where the Advertiser does not accept the amendment, the Advertiser shall be entitled, within thirty (30) calendar days from the date of dispatch of the e-mail or, where appropriate, thirty (30) calendar days from the amendment being published on the website, provided that the changes have an adverse effect, that could not be considered as minor, on the Advertiser, to terminate the Agreement with immediate effect. Where the Agreement is not terminated by the Advertiser within the aforementioned time, the Advertiser shall be deemed to have accepted the new terms and conditions.
Scale Storm Ltd may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of Scale Storm Ltd, which shall not be unreasonably withheld. This Agreement shall be construed and governed by the law of the Marshall Islands.You expressly consent to the exclusive venue and personal jurisdiction of the courts in and of the Marshall Islands for any actions arising from or relating to this Agreement or your use of our service.
IN NO EVENT SHALL Scale Storm Ltd BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF Scale Storm Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Scale Storm Ltd DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, SERVICES, AND CONTENT INCLUDED ON THE SITE AND PROVIDED BY Scale Storm Ltd , INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Scale Storm Ltd DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE OR PROVIDED BY Scale Storm
Ltd IS ACCURATE, COMPLETE OR CURRENT.
17.1. Refund could be applied only upon written request containing reasons for your refund to contact@scalestorm.net in case if Ad campaign cannot be launched due to reasons included but not limited to noncompliance of the advertising materials with the requirements of current legislation, unacceptable quality and/or content of the creative, other reasons deemed applicable by Scale Storm Ltd’ administration.
17.2. Refund will be made in the amount of unused funds. Amount must be calculated based off Scale Storm Ltd’ reporting system.
17.3. Refund shall be applied only to the actual payments made by the Advertiser to Scale Storm Ltd. All funds credited to the account of the Advertiser within the frame of participation in bonus programs or similar actions of Scale Storm Ltd are non-refundable in any case.
17.4. A refund request will be considered legitimate ONLY if it has been sent from the email indicated in relevant IO.
17.5. The refund request will be processed within 5 business days from the date the request was received.
17.6. Refund is not acceptable in case the Advertiser breaches the Terms of Use, Privacy Policy or other terms and conditions agreed by the parties.
18.1. The force majeure events are understood as events which occur after the Effective Date, regardless of the will of the Parties, and which could not be foreseen and prevented by any reasonable actions of the Parties. The influence of these events may postpone the performance of all or several parts of Terms of Use, Privacy Policy or other terms and conditions agreed by the Parties.
18.2. The circumstances of force majeure include such events as war, mobilization, epidemic, fire, natural disasters, traffic accidents and changes in legislation, if such events meet the criteria of the paragraph 19.1 of this Terms of Use. The list above is not exhaustive.
18.3. If provision of Services been postponed due to the force majeure, the Party affected by force majeure shall notify the other Party in writing about the day of the force majeure commencement within 5 calendar days. With the cessation of force majeure and the restoration of normal conditions, the Party which was affected by force majeure shall notify the other Party in writing within 3 calendar days.
19.1. Relationship between the Parties. The relationship between the Parties will be that of independent contractors and nothing in this Terms of Services is intended to nor will establish any relationship of partnership, joint venture, employment, franchise, agency or other form of legal association between the Parties. Neither Party will have, nor represent to any third party that it does have, any power or authority to bind the other Party or incur any obligations on the other Party’s behalf.
19.2. Waiver clause. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant or representation contained in this Terms of Services shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant or representation.
19.3. Survival of Representations and Warranties. The representations and warranties of Advertiser set forth in Terms of Services (in particular, Article 10-11) hereof shall survive closing for a period of one (1) year from the termination date (the "Survival Period").
No claim for a breach of any representation or warranty by ScaleStorm 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 Advertiser and/or actually known by Advertiser prior to termination.
19.4. Headings. Headings to sections and subsections in this Terms of Services are for the convenience of the Parties only and are not intended to be a part of or affect the meaning or interpretation hereof.