Welcome to Trillions 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.trillion.com, and any related website linked to this URL address, including pages related to any other Trillion service or product (collectively the “Site”) and/or created, controlled, or operated by Trillion.com Pty Ltd. (hereafter “Trillion”, “we”, “us” or “our”). The Site features Trillion’s buy-side platform advertising technology in its various forms and other services Trillion 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.
1. General Use
Subject to these Terms, Trillion 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 Trillion. We reserve the right to modify these Terms at any time.
2. Changes and Modifications
Trillion 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.
3. Service Levels and Access
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.
4. Responsibilities and Restrictions
Responsibilities
You represent and warrant that:
- You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Site and/or Services.
- You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Site and/or Services.
Prohibited Activities
Trillion Clients shall not:
- Register any domain name with the “Trillion or Trillion” words contained therein.
- Reverse engineer any aspect of the Site and/or Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Site and/or Service.
- Bypass robot exclusion headers (including using any device, software, or routine to accomplish that goal), or interfere or attempt to interfere with the proper working of the Site and/or Service.
- Use the Site and/or Service for any unlawful purpose.
- Use the Site and/or Service for any other fraudulent means.
Users who are in violation of any responsibilities or prohibited activity are subject to the following actions that can be taken by Trillion at any time without notice or liability: advertiser’s Service account(s) may be suspended, canceled, or limitations placed on services provided.
5. Copyright Infringement
If you believe that material located on or linked to by Trillion violates your intellectual property or the intellectual property of others, you are encouraged to notify Trillion. Trillion will respond to such notices and will remove such infringing material and will disable links to any infringing material identified as required or as Trillion finds appropriate.
6. Intellectual Property
This Agreement does not transfer from Trillion to you any Trillion intellectual property, and all right, title, and interest in and to such property will remain (as between you and Trillion) solely with Trillion. Trillion, the Trillion logo, and all other trademarks, service marks, graphics, slogans, and logos used to identify Trillion, the Site, or Services are trademarks or registered trademarks of Trillion 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 Trillion or third-party trademarks.
7. Notices
Notices shall be in the form of an email, system message alerts and/or chat notifications.
By opening a Trillion Service account, you agree to receive emails and other agreed upon notifications from Trillion and related entities. You have the ability to unsubscribe or ask us to stop contacting you at any time.
8. Termination
Trillion 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 Trillion. 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 Trillion’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.
9. Warranty
The Trillion 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 Trillion will not violate any third-party contractual obligations in relation to third-party providers.
10. Disclaimer
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) Trillion makes no representations or warranties regarding the content of the Site and/or Service and, accordingly, Trillion 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.
11. Limitation of Liability
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 TRILLION LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12. Release and Indemnification
Trillion advertisers release and forever discharge Trillion 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 Trillion Services.
13. Force Majeure
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.
14. Governing Law
These Terms shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. Trillion will comply with all applicable laws under this jurisdiction.
15. Severability
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.
16. Inconsistent Terms
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.
17. Electronic Communications
Please send any questions or concerns regarding these Terms via our contact form at https://www.trillion.com/contact.html. By communicating with us electronically you acknowledge that communications by email are not considered confidential.