solidify terms of use

The Site connects certain approved Advertisers (who wish to promote their products/games) to approved Creators (who will create content and high-performance campaigns for the Advertisers to promote the Advertiser´s products/games). The Site profiles Advertisers and Creators to best match Advertisers with Creators who have expertise and experience in areas that will best match the requirements of such Advertiser. In addition, the Site provides you with information related to our products, services and other content related thereto, and enable you to contact us via the Site.

We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.

The Site is only intended for individuals aged eighteen (18) years or older.  If you are under 18 years please do not visit or use the Site.

For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms, applicable laws and respect third party rights.

You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site

In order to use some of the services of the Site, you may have to create an account (“Account”). You may be required to add to your Account a profile that you have with a third party provider (e.g. Twitc, Appsflyer etc). Your Account may be subject to additional verification processes, for example, Advertisers and Creators may be subject to additional verifications to prevent fraud, to check compliance with these Terms or to check compliance with financial regulations. We reserve the right to reject Advertisers or Creators and to reject Accounts if the verifications are not successful. You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. As between you and Solidify, you are solely responsible and liable for the activity that occurs in connection with your Account and your interactions with other Site users.  If you wish to delete your Account you may send an email request to Solidify at info@Solidify.io].

Channels and Attribution Providers In order to create an account on the Site, Creators will be required to list and provide access to accounts they have on various channels such as YouTube, Facebook Gaming and Twitch ("Channels"). The content on such Channels will then be freely available to Marketplayz to view, use and distribute to other Site users, as appropriate. In addition, Creators may synchronize and connect its attribution providers and if they choose to do so, data (including without limitation performance data) originating from such attribution providers will be shared with, and displayed on, the Site and available to other Site users, as applicable.

Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, however, if Advertisers connect with Creators through our Site and create a campaign with that Creator, the Advertisers will be required to pay the appropriate fees. Such fees will be collected by Marketplayz through one or more online payment solutions provided by third party payment processors as selected by Marketplayz with access to such solution being provided to Creator via Marketplayz' platform. Such fees will be distributed, as appropriate, by Marketplayz to the Creator using the payment processors’ payment solutions and after withholding a commission payable to Marketplayz. For Creators to be able to receive payment, Creators shall, through Marketplayz, cooperate with the instructions of the payment processors that Marketplayz works with. Marketplayz will provide Creators with access to the payment processors on its platform and Creator will be responsible for  reading, understanding and accepting the payment processors’ terms and policies

8.1. Content and Marks.  The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), (ii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Marketplayz and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  “Marketplayz”, the Marketplayz logo, and other marks are Marks of Marketplayz or its affiliates.  All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.  We reserve all rights not expressly granted in and to the Site and the Content. For the sake of clarity, User Submissions shall be owned by the Creator that submits such information to Marketplayz.
8.2. Advertiser Attributions. When Advertisers add attribution providers to the Site, they will automatically be deemed to be granting Marketplayz a worldwide, non-exclusive, right and license to use, republish, re-process and distribute data and information originating in those attribution providers on the Site and for other Site users to view such data and information, as applicable.
8.3. Channel Content. When Creators provide access to their Channels to the Site, they will automatically be deemed to be granting Marketplayz a worldwide, non-exclusive, right and license to use, republish, re-process and distribute such Channel content on the Site and for other Site users to view such content, as applicable.
8.4. Personal Use.  The Site is provided to you for your information and personal use only  and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.   If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

9.1.  The Site may enable you to view, access, link to, and use contentfrom Third Party Sources (defined below) that are not owned or controlled by us(“Third Party Content”). The Site may also enable you to communicate andinteract with Third Party Sources. “Third Party Source(s)” means third partywebsites and services including Channels, payment providers and attribution.  
9.2.  We are not affiliated with and have no control over any Third PartySources. We do not assume any responsibility for the content, terms of use,privacy policies, actions or practices of, any Third Party Sources.  Please read the terms of use and privacypolicy of any Third Party Source that you interact with before you engage inany such activity.  
9.3.  We are not responsible for, and we expressly disclaim allwarranties regarding, the accuracy, appropriateness, usefulness, safety, orIntellectual Property Rights (defined below) of, or relating to, any ThirdParty Content.  
9.4.  We do not endorse any advertising, promotions, campaigns, products,services or other materials that is included in any Third Party Content or thatis communicated to you from a Third Party Source.
9.5.  By using the Site you may be exposed to Third Party Content that isinaccurate, offensive, indecent, or objectionable.   You always have the choice of decidingwhether or not to interact with a Third Party Source or to view and use ThirdParty Content.  Your interaction with aThird Party Source and your use of, and reliance upon, any Third Party Contentis at your sole discretion and risk.  
9.6.  You are solely responsible and liable for your interaction with aThird Party Source.  You agree to waive,and hereby do waive, any legal or equitable rights or remedies you may haveagainst Marketplayz, and release Marketplayz from any and all liability,arising from your use of and interaction on any Third Party Content and fromyour interaction with any Third Party Source. If you have any query orcomplaint regarding a Third Party Source or any Third Party Content, you agreeto contact the Third Party Source directly.

10.1.  Responsibility. The Site may permit the submission, hosting, sharing and publishing of user submissions by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.  You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them.  We reserve the right in our sole discretion and without further notice to you, to delete, and/or remove any and all User Submissions posted on the Site at any time and for any reason. To the maximum extent permitted by law, Marketplayz shall have no liability to you with respect to the User Submissions, including, without limitation, liability with respect to any information (including your confidential information) contained in or derived from any User Submissions.
10.2.  Ownership.  You represent and warrant that you own or have the necessary rights and permissions to use and authorize Marketplayz to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms and to grant the licenses granted to Markteplayz referred to in these Terms.  “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.  You retain all of your ownership rights in and to your User Submissions. To the extent that User Submission contains any third party data, you hereby warrant to have obtained all required consents from such third party to allow Marketplayz to use the User Submission as set forth on these Terms.  
10.3.  License to User Submissions.  By submitting the User Submissions to Marketplayz, you hereby grant Marketplayz a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and Marketplayz's business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights and the ability to assert the moral rights in your User Submissions, to the maximum extent permitted by law.  You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to view, use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
10.4.  Prohibited User Submissions.  You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
10.5.  Exposure.  You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that Marketplayz is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.  You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Marketplayz with respect to (i) and (ii) herein.  
10.6.  Spam.  You agree not to, and will not, use the communications systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

We attempt to be as accurate as possible.  However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.  Your use of the Site, the Content, or any part thereof, is made solely at your own risk and responsibility.

We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to Site user requests, or (v) protect the rights, property or safety of Marketplayz, its users or the public.

13.1.  The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Marketplayz.  We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites.  You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Marketplayz from any and all liability arising from your use of any third party website.  Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
13.2.  Marketplayz permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Marketplayz or present any false information about Marketplayz and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

We will use any personal information that we may collect or obtain in connection with the in accordance with our privacy policy which is available on our Site.

It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with applicable laws.

16.1.  This section applies whether or not the services provided under the Site are for payment.  Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.  
16.2.  THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  MARKETPLAYZ HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  MARKETPLAYZ DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS.  THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  YOU AGREE THAT MARKETPLAYZ WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.    
16.3.  MARKETPLAYZ DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.  
16.4.  YOU SPECIFICALLY ACKNOWLEDGE THAT MARKETPLAYZ SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  
16.5.  YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK.  IF YOU HAVE A DISPUTE WITH ANY SITE USER OR ANOTHER THIRD PARTY IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT MARKETPLAYZ IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE.  MARKETPLAYZ RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
16.6.  EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, MARKETPLAYZ DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

17.1.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MARKETPLAYZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF MARKETPLAYZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
17.2.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARKETPLAYZ FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO MARKETPLAYZ FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.

You agree to defend, indemnify and hold harmless Marketplayz and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms, applicable laws or third party rights.

These Terms are effective until terminated by Marketplayz or you.  Marketplayz, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms).  Marketplayz shall not be liable to you or any third party for termination of the Site, or any part thereof.  If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.  Upon termination of these Terms, you shall cease all use of the Site.  This Section 19 and Sections 8 (Intellectual Property Rights), 10.3 (License to User Submissions), 14 (Privacy), 16 (Warranty Disclaimers), 17 (Limitation of Liability), 18 (Indemnity), and 20 (Independent Contractors) to 22 (General) shall survive termination of these Terms.

You and Marketplayz are independent contractors.  Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Marketplayz.  You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Marketplayz.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Marketplayz without restriction or notification to you.