Welcome to Above.com Terms of Use (the “Terms”). These Terms govern your (hereafter “you”, “your” or “user”) use of this website and the products and services available at this website, www.above.com, and any related website linked to this URL address, including pages related to any other Above.com service or product (collectively the “Site”) and/or created, controlled, or operated by Above.com Pty Ltd. (hereafter “Above.com”, “we”, “us” or “our”). The Site features Above.com’s buy-side platform advertising technology in its various forms and other services Above.com may make available from time to time (collectively, the “Service”). By accessing the Site or using any part of the Service, you agree to be bound by these Terms. If you do not agree to these Terms, then you may not access the Site or use the Service.
Subject to these Terms, Above.com hereby grants you a limited, non-exclusive, and non-transferable license to use the Site. You can simply visit and use the Site without needing to register with Above.com. We reserve the right to modify these Terms at any time.
Above.com reserves the right to make technical, interface, and service changes to the Site or Service without notice. Your recourse in cases of any modifications is to stop using the Site and/or Service. Continued use of the Site and/or Service following changes and modifications will constitute your binding acceptance.
We will use our best endeavors to make the Site available at all times but cannot guarantee it will operate without interruptions or be error-free. We cannot accept liability for any cases of its unavailability. Any loss of revenues during downtimes is neither covered nor recoverable.
Access to the Site is free to all. Access to password-protected sections of the Site and/or Service is limited and can be accessed with a valid Service account.
Automated solutions, including tools, software applications, and online systems used to access the Service including advertising accounts can only be used with permission. Please contact us to obtain permission.
We reserve the right to: (i) refuse the provision of services to any user; (ii) cancel advertiser accounts; (iii) cancel, change, suspend, and modify services offered to users at any time without notice or liability; or (iv) block any domain or traffic with the potential of causing disruption to the Site and/or Service.
You represent and warrant that:
Above.com Clients shall not:
Users who are in violation of any responsibilities or prohibited activity are subject to the following actions that can be taken by Above.com at any time without notice or liability: advertiser’s Service account(s) may be suspended, canceled, or limitations placed on services provided.
If you believe that material located on or linked to by Above.com violates your intellectual property or the intellectual property of others, you are encouraged to notify Above.com. Above.com will respond to such notices and will remove such infringing material and will disable links to any infringing material identified as required or as Above.com finds appropriate.
This Agreement does not transfer from Above.com to you any Above.com intellectual property, and all right, title, and interest in and to such property will remain (as between you and Above.com) solely with Above.com. Above.com, the Above.com logo, and all other trademarks, service marks, graphics, slogans, and logos used to identify Above.com, the Site, or Services are trademarks or registered trademarks of Above.com or related entities. Other trademarks, service marks, graphics, slogans, and logos used on the Site and/or Service may be the trademarks of other third parties. Your use of the Site and/or Service grants you no right or license to reproduce or otherwise use any Above.com or third-party trademarks.
Notices shall be in the form of an email, system message alerts and/or chat notifications.
By opening a Above.com Service account, you agree to receive emails and other agreed upon notifications from Above.com and related entities. You have the ability to unsubscribe or ask us to stop contacting you at any time.
Above.com may terminate your access to all or any part of the Site and/or Service at any time, with or without cause, with or without notice, in our sole discretion. Upon such termination, all advertising amounts owed, accrued, and payable will become immediately due. You have the right to stop using the Site and/or Service at any time; however, you will be obligated to pay any amounts contracted for or otherwise owed, accrued, or payable to Above.com. Upon termination of access: (i) all rights granted to you under these Terms will terminate immediately; and (ii) you must cease all use of the Site and/or Service. Termination will not limit any of Above.com’s rights or remedies under these Terms or at law or in equity. We are not responsible for any loss, harm, or other liability related to your inability to access or use the Site and/or Service.
The Above.com Service relies on data sourced from a number of providers, including third-party providers. We endeavor to provide real-time domain statistical data and apply quality filters as and when applicable, but as a general guide, we believe that pure data can be more valuable and be more representative. We cannot accept liability for any cases of data skews and/or quality levels.
We also warrant that Above.com will not violate any third-party contractual obligations in relation to third-party providers.
Except as expressly set forth in these Terms, neither party makes and each party expressly disclaims any warranties as to the subject matter of these Terms, including implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. For the avoidance of doubt, (a) the Site and/or Service is provided “as is”; and (b) Above.com makes no representations or warranties regarding the content of the Site and/or Service and, accordingly, Above.com users expressly assume all risk and responsibility with respect thereto. Neither party shall be liable for any interrupted or inoperability of the Internet, technical malfunction, computer error, corruption, or loss of information.
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THESE TERMS SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
IF FOR ANY REASON WE ARE HELD LIABLE, OUR LIABILITY IS LIMITED TO US$100.00. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT AND THAT, IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
THE LIMITATIONS SET FORTH HEREIN WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO THE Above.com LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Above.com advertisers release and forever discharge Above.com and any related entities from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Above.com Services.
Neither party shall be liable for the failure to perform any of its obligations under these Terms, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes, and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God, or orders of governmental agencies.
These Terms shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. Above.com will comply with all applicable laws under this jurisdiction.
If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal, or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.
The parties agree that these Terms shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation, or any other document issued by either party.
Please send any questions or concerns regarding these Terms via our contact form at https://www.above.com/contact.html. By communicating with us electronically you acknowledge that communications by email are not considered confidential.