Website Terms and Conditions

1.1 Interpretation. Words capitalized in these Terms have the meanings given below. These definitions apply equally whether they appear in the singular or plural form.

1.2 Definitions.

• “Advertiser” means a person or business that registers an Advertiser Account on the Platform to run advertising campaigns, subject to the separate Advertiser Terms and Conditions referred to in Section 3.
• “Company” or “We” refers to Marquis Element Interactive SRL.
• “Platform” means the account registration, campaign management, reporting, and related functionality made available to Advertisers and Publishers through the Website, which is governed by the applicable Advertiser Terms and Conditions or Publisher Terms and Conditions in addition to these Terms.
• “Publisher” means a business that partners with Company to make advertising inventory available on its own website(s), subject to the separate Publisher Terms and Conditions referred to in Section 3.
• “Services” refers solely to the general information about the Company and the Platform made available on the Website.
• “You” or “User” refers to the person accessing or browsing the Website.
• “Website” means www.retarget.gg and all content and functionality available at that URL, other than the Platform functionality referred to above.

By using this Website, you represent and warrant that:

• you are of legal age in your jurisdiction and have the authority to enter into these Terms; and
• you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

3.1 The Website is for general informational purposes only. It describes Company's business of aggregating geo-blocked or geo-restricted advertising inventory across third-party publisher websites and making it available to advertisers. Company does not provide any advertising or publishing services directly through the general informational pages of the Website.

3.2 Actual advertising and publishing services are made available only through the Platform, and only after you: (a) register as an Advertiser or a Publisher; and (b) separately read, accept, and agree to be bound by our Advertiser Terms and Conditions (if you register as an Advertiser) or our Publisher Terms and Conditions (if you register as a Publisher), each of which is a distinct agreement from these Terms and governs your use of the Platform. Unless and until you have registered an Account and agreed to the applicable Advertiser Terms and Conditions or Publisher Terms and Conditions, no advertising or publishing services will be provided to you, and no contractual obligations relating to such services shall arise from your mere use of the Website.

3.3 In the event of any conflict between these Terms and the Advertiser Terms and Conditions or Publisher Terms and Conditions in respect of your use of the Platform, the Advertiser Terms and Conditions or Publisher Terms and Conditions (as applicable) shall prevail.

4.1 We respect your privacy. Any personal information you submit to us through the Website is handled in accordance with our Privacy Policy, which applies to Advertisers, Publishers, and general Visitors alike.

4.2 We do not share your personal data with third parties without your consent, except as described in our Privacy Policy or where legally required. Please refer to our Privacy Policy for full details on how we collect, use, and safeguard your information.

5.1 The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Company. These links are provided for your convenience only. We do not endorse, and assume no responsibility for, the content, terms and conditions, privacy policies, or practices of any third-party websites.

5.2 By accessing any third-party website through a link on our Website, you acknowledge and agree that you do so entirely at your own risk. We strongly recommend that you review the applicable terms and conditions and privacy policies of any such third-party website before engaging with it in any manner. We shall not be liable for any loss or damage arising from your use of, or reliance on, any third-party content, products, or services.

6.1 All content on the Website, including without limitation all text, design, graphics, drawings, photographs, code, and software, and the organization and presentation of such content, is subject to intellectual property rights, including copyright and trademarks, held by or licensed to Company. All such rights are expressly reserved. No part of this Website may be copied, reproduced, or distributed without the express written authorization of Company.

6.2 Other names, logos, slogans, trademarks, or images displayed on the Website may be the property of third parties and are used on the Website with permission or as otherwise permitted by law. Any use, reproduction, or distribution of such content without the express authorization of the respective rights holder is strictly prohibited and may constitute a violation of applicable law.

7.1 WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE, OR OTHERWISE) WITH RESPECT TO THE WEBSITE, OR ANY CONTENT, SERVICE, OR FACILITIES AVAILABLE THROUGH OR RELATED TO IT, OR THAT THE WEBSITE, OR ANY SYSTEM, NETWORK, SOFTWARE, OR HARDWARE (INCLUDING THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED, OR AS TO THE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY OF ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THESE TERMS, ALL WARRANTIES, REPRESENTATIONS, AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER WE, NOR OUR PROVIDERS OR UNDERLYING VENDORS, ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEMS, NETWORKS, SOFTWARE, OR HARDWARE.

7.2 Our obligations under these Terms do not constitute personal obligations of the owners, shareholders, directors, officers, agents, employees, vendors, or suppliers of Company, except as specifically provided in these Terms.

7.3 We shall not be liable for any indirect, incidental, special, consequential, or punitive damages of any kind, including but not limited to loss of business, revenue, profits, data, or goodwill, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if we have been advised of the possibility of such damages.

7.4 To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to your use of the Website (excluding, for clarity, any liability arising under the Advertiser Terms and Conditions or Publisher Terms and Conditions, which is governed separately by those documents) shall be limited to one hundred United States dollars (USD 100), regardless of the cause of action or the number of claims.

7.5 Nothing in these Terms shall limit or exclude either party's liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded by applicable law.

8.1 You agree to defend, indemnify, and hold harmless us, our parent, subsidiary, and affiliated companies (collectively, the “Group”), as well as the Group's and our respective officers, directors, shareholders, employees, and representatives, from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, or your violation of any applicable law or the rights of any third party.

9.1 Company reserves the right, at its sole discretion, to modify, update, or amend these Terms at any time without prior notice. Any such changes will be effective upon posting on the Website. Your continued access to or use of the Website after any such amendments are posted shall be deemed to constitute your acceptance of the revised Terms.

10.1 If any dispute, controversy, or claim arises out of or in connection with these Terms, the party raising the dispute shall first notify the other party in writing, describing the dispute in reasonable detail. The parties shall use good faith efforts to resolve the dispute through direct discussion between authorized representatives for a period of thirty (30) days following such notice.

10.2 If the dispute is not resolved within that thirty (30) day period, either party may pursue any legal action or remedy available to it, subject to Section 11 (Governing Law).

11.1 These Terms are governed by the laws of Ontario, Canada. Any dispute, controversy, or claim arising out of or in connection with these Terms that is not resolved under Section 10 shall be subject to the exclusive jurisdiction of the courts of Ontario.

12.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, such provision shall be severed from the remaining Terms, which shall remain in full force and effect.

12.2 These Terms and any documents related to them shall be interpreted exclusively in the English language. Any translation is provided for convenience only and, in the event of a conflict, the English version shall prevail.

12.3 We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, labor disputes, pandemics, government orders, or technical failures.

12.4 Our failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.5 These Terms, together with our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and Company with respect to your general use of the Website, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us regarding that subject matter. For the avoidance of doubt, if you register as an Advertiser or Publisher, the applicable Advertiser Terms and Conditions or Publisher Terms and Conditions govern your use of the Platform, as described in Section 3.

12.6 You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

13.1 If you have any questions about these Terms, please contact us at: support@retarget.gg.