Kindly go through the following Terms & Conditions :
Note that myaddz.com and its parent company will not assume liability, responsibility,
accountability or guarantee of the increase of customers, revenues, values, including ROI
and VOI, clicks as per day, and any direct or indirect sales, assumptions or connections of
the said business. Myaddz.com and it’s parent company do not legally or professionally bear
any of the same opinions of the said business. Myaddz.com and it’s parents company
relationship will be within the parameters of the legal contract that is mutually agreed
upon with the said business. Myaddz.com is registered, copyright, and under the ownership of
parent company. Any duplications, brand or reputational reference, tie-up, or partnership,
directly or indirectly to myaddz.com and parent company without the written legal consent of
the parent company board members is not allowed.
This Website Advertising Terms and Conditions Agreement (the “Agreement”) governs the
advertising on and use of the ‘MYADDZ.COM” ( hereinafter referred to as the “Sites”) by
advertisers (“Advertiser”) (such advertising and use, “Advertising Services”). Advertising
on this Sites constitutes Advertiser’s and Advertiser’s agency’s acceptance of this
Agreement.
References in this Agreement to “you” and “your” refer to Advertiser and its agency, if any.
We reserve the right to amend this Agreement at any time by posting an updated version.
Advertiser should therefore periodically visit this page to review the then-current
Agreement. Advertising on any of the Sites after our posting of amendments to this Agreement
will constitute Advertiser’s acceptance of this Agreement, as modified.
Advertiser agrees to be bound by the Website Terms and Conditions located at
http://www.myaddz.com/website-terms-and-conditions/ and the privacy policy located at
http://www.myaddz.com/privacy-policy/, which are also made part of this Agreement and are
hereby incorporated by reference. If, at any time, Advertiser does not wish to accept this
Agreement then Advertiser may not advertise on any of the Sites.
Display
- All advertisement is subject to our prior approval. We have the right in our sole and
absolute discretion to reject or cancel any advertisements at any time for any reason.
In the event we cancel an advertisement not in connection with a breach of this
Agreement by Advertiser then Advertiser shall be responsible for advertising fees
through such cancellation.
- “myaddz.com” is not responsible for errors or omissions in any advertising materials
provided by Advertiser or its agency.
- Unless otherwise agreed by “myaddz.com” and Advertiser in writing, “myaddz.com” shall
have the right to insert the advertising in various areas of the Sites in “myaddz.com”s
sole discretion.
- You grant “myaddz.com” a limited license to store, transmit, reproduce, distribute and
display your advertisements to the extent necessary for “myaddz.com” to provide the
Advertising Services to you.
- Once the image/link submitted, has been accepted and uploaded, there can be no change to
the matter for the period of the package. You should be sure of the link/image
submitted. The only exception for which a change can be made is if site no longer
exists, or a lawsuit bars it from being displayed under construction/renovation.
- No offensive/obscene/adult or vulgar images/links will be accepted, and we will be the
sole authority to decide. If the image/link is rejected, you will have the opportunity
to provide an alternate image/link.
- If at any time any obscence/offensive material is found on the link/page, the same will
be removed with immediate effect and no refund will be made. Penal action may also be
taken.
- You must have competent authorization to post the image/link.
- There may be downtime for the maintenance of the site, which we will try and keep to the
minimum.
- Once all formalities are completed, we will aim to get the link/image uploaded within a
minimum of 72 hours and a maximum of 7(Seven) days. Please do have patience as lots of
people may have ordered at the same time.No claim shall be entertained regarding this.
Payment
- Minimum subscription of any package would be for a period of three months.
- You may at any time want to discontinue the image/link from the site, for which no
refund will be made.
- Image/link will only be uploaded after full payment is received.
- Prices prevailing at the time of approval will be applicable, as changes may occur
during the course of time.
- All advertising are accepted subject to subscription of the package given by the sites.
- Credit terms applicable to any Advertiser or its agency are solely within our discretion
and may be changed or discontinued by us at any time. In the event that Advertiser fails
to make payment as and when due, we may immediately cancel all displays for advertising.
- We reserve the right to hold Advertiser and its advertising agency jointly and severally
liable for such payment as are due and payable to us. Our subscription rates are subject
to change without notice.
- Prices prevailing at the time of approval will be applicable, as changes may occur
during the course of time.
- Advertiser and/or its agency shall pay all of “myaddz.com” costs and expenses in
connection with enforcement and/or collection proceedings including legal expenses and
other expenses.
- Subscription fees are non-refundable as the agreement is enforceable as soon as the
advertiser uses the sites first for publishing its advertisement on the internet through
the sites .
- Advertiser and its agency agree to pay any Central, state or local tax or other charges
which may be imposed on any of their advertisements, or any products or services
offered, sold, or licensed through the advertisements or the Advertiser’s website, in
addition to fees charged by us.
General Requirements
- All advertisements placed on the Sites are governed by the following conditions:
- Advertisements must not be false, misleading, fraudulent or deceptive.
- Advertisements must clearly represent the company, product or brand that is
being advertised.
- Advertisements must not include unsubstantiated claims, including but not
limited to prices, discounts or product availability.
- Advertisements must comply with all applicable laws and required or recommended
industry codes, guidelines, licenses and approvals.
- Advertisements must include all applicable, required or recommended disclaimers,
notices and warnings.
- Advertisements cannot include any content that infringes upon the rights of any
third party, including copyright, trademark, privacy, publicity or other
personal or proprietary right.
- Advertisements may make limited references to the Sites in its title, body or
image but cannot imply any endorsement of the product, service or advertisement
destination by the Sites or “myaddz.com”.
- Advertisements cannot use the Sites or “myaddz.com” logos, icons or any of our
other trademarks.
- Advertisements cannot require viewers to click on the advertisement to submit
personally identifiable information (such as name, date of birth, phone numbers,
physical addresses or email addresses) on the landing page or in the
advertisement, except to enable an ecommerce transaction and where the
advertisement and landing page clearly indicate that a product is being sold.
- Any targeting of advertisements based on a user attribute such as age, gender,
location or other user attribute, must be directly relevant to the offer and
cannot be done by a method inconsistent with our privacy policy.
- Advertisements cannot offer incentives to viewers for clicking on the
advertisement, for submitting personally identifiable information (such as name,
date of birth, phone number, physical addresses or email addresses) or for
performing any other tasks.
- Advertisements which receive a significant amount of negative user feedback or
are otherwise deemed in violation of our community guidelines or other
applicable policies will not be permitted.
- Unless authorized by us, your advertisements may not display user data — such as users’
names or profile photos — whether that data was obtained from us or otherwise. You may
not use user data you receive from us or collect through running an advertisement,
including information you derive from your targeting criteria, for any purpose outside
of the Sites without user consent. You may not give data you receive from us to any
third party, including advertising networks.
- You cannot create or manage multiple Site accounts for advertising purposes unless given
permission by us to do so. You cannot programmatically automate the creation of accounts
or advertisements unless given permission by us to do so.
- Advertisements containing prices, discounts and free offers advertisements cannot be
deceptive or fraudulent about any offer made. If an advertisement includes a price,
discount or ‘free’ offer the following conditions apply:
- The destination URL for the advertisement must link to a page that clearly and
accurately offers the exact deal the advertisement has displayed.
- The advertisement must clearly state what action or set of actions is required
to qualify for the offer.
- Advertisements for subscription services or any service or any site that induces a user
to sign up for recurring billing of a product or service, including but not limited to
sites that promote the downloading of ringtones, games or other entertainment
(“Subscription Services”). The advertisement of Subscription Services must comply with
the following conditions:
- The advertisement must clearly state what action or set of actions is required
to qualify for the offer. If the user must subscribe to a service, the service
and offer requirements must both be stated in the advertisement.
- The recurring subscription must be consistent with what is promoted in the
advertisement.
- If the service is a subscription, the website must provide a prominent opt-in
checkbox or other clear mechanism indicating that the user knowingly accepts the
price and subscription service. This should be on the first page where the user
enters personal data, and the user should not be able to proceed without opting
in.
- All of the foregoing items should be located in a prominent place on your
webpage, as determined by us in our sole discretion, and should be easy to find,
read and understand.
- When you place an advertisement on the Sites, you can choose a landing page (destination
URL) that the user will be directed to when they click on the copy or image content. All
landing pages must abide by the following conditions:
- The content on the landing page must directly relate to the copy and image
content of the advertisement. Any products or services promoted in the
advertisement must be directly available on the landing page.
- Where an advertisements contains a URL or domain in the copy the landing page
must be the same URL or domain.
- Landing pages cannot generate a pop-up (including “pop-overs” and “pop-unders”)
when a user enters or leaves the page.
- Landing pages cannot use “fake” close behavior (ie. when a user clicks the
‘close’ icon on the page, the page should close down and no other behavior
should result).
- Landing pages cannot utilize “mouse trapping” whereby the advertiser does not
allow users to use their browser “back button” and traps them on their site
and/or present any other unexpected behavior (for example, navigation to another
advertisement or page).
- Landing pages cannot contain or link directly or indirectly to a site that
contains spyware/malware downloads, whether initiated automatically or manually
by the user, or other auto-initiated downloads.
- Landing pages cannot collect, or facilitate the collection of, demographic and
usage information from a user’s computer without the user’s express consent.
- Landing pages cannot collect or request Site usernames or passwords.
- Landing pages cannot proxy Site usernames or passwords for the purpose of
automating logins to the Sites;
- Landing pages cannot contain, facilitate or promote any software that results in
an unexpected user experience, including but not limited to software which: (i)
“sneaks” onto a user’s system and performs activities hidden to the user, (ii)
may alter, harm, disable or replace any hardware or software installed on user’s
computer without express permission from the user, (iii) is bundled as a hidden
component of other software whether free or for a fee, (iv) automatically
downloads without the our express prior approval, (v) presents any download
dialogue boxes without a user’s express action, or (vi) may violate or infringe
upon the intellectual property rights of any third party, including copyright,
trademark, patent or any other proprietary right.
- Prohibited content advertisements cannot contain, facilitate, promote or reference any
of the following:
- Offensive, profane, vulgar, obscene or inappropriate language;
- Obscene, defamatory, libelous, slanderous and/or unlawful content;
- Insulting, harassing or threatening content;
- Dating sites, services or related content;
- Gambling, including without limitation, any online casino, sports books, bingo
or poker;
- Scams, illegal activity or chain letters;
- ‘Spam’ or other advertising or marketing content that violates applicable laws,
regulations or industry standards
- Contests and sweepstakes unless given permission by the us to do so;
- Get-rich- quick and other money-making opportunities that offer compensation for
little or no investment, including “work from home” opportunities positioned as
alternatives to part-time or full-time employment or promises of monetary gain
with no strings attached;
- Adult content, including nudity, sexual terms and/or images of people in
positions or activities that are excessively suggestive or sexual or provocative
images;
- Adult friend finders or dating sites with a sexual emphasis;
- Adult toys, videos or other adult products;
- Uncertified pharmaceutical products;
- Spy cams or surveillance equipment ( except those products which are not
specifically contrabanded by the Indian Law of International Law ) ;
- Web-based non-accredited colleges that offer degrees;
- Inflammatory religious content;
- Politically religious agendas and/or any known associations with hate, criminal
and/or terrorist activities;
- Content that exploits political agendas or uses “hot button” issues for
commercial use regardless of whether the advertiser has a political agenda;
- Hate speech, whether directed at an individual or a group and whether based upon
the race, sex, creed, national origin, religious affiliation, marital status,
sexual orientation, gender identity or language of such individual or group;
- Content that advocates against any organization, person or group of people, with
the exception of candidates running for public office;
- Content that advocates against any organization, person or group of people, with
the exception of candidates running for public office;
- We may refuse advertisements at any time for any reason, including without limitation,
that we deem a business model or practice unacceptable, that they promote competing
products or services, that they negatively affect our relationship with our users or the
businesses or events featured on the Sites or that they are contrary to our advertising
business philosophy.
Ownership
The entire content and materials contained within the Sites (the “Content”), including, but
not limited to, audio, video, images, text, user interface, scores, logos, the selection and
arrangement of the Sites and other intellectual property (the “Content”) are owned by or
licensed to “myaddz.com” (““myaddz.com”” or “We” or “we” or “our”) to the fullest extent
under the copyright laws of the Union of India and other countries. Images of people or
places displayed on the Sites are either the property of, or used with permission by,
“myaddz.com”. You may not reproduce, republish, transmit, upload, distribute, copy or
publicly display any of the Content without our prior written consent. We neither warrant
nor represent that your use of materials displayed on the Sites will not infringe rights of
third parties not owned by or affiliated with “myaddz.com”. We may redesign the Sites in our
sole discretion at any time.
The “myaddz.com” names and logos are the property of
“myaddz.com”. All other trademarks, logos and service marks (those of “myaddz.com” and third
parties, collectively, the “Trademarks”) appearing on the Sites are Trademarks of their
respective owners, whether or not appearing in large print or with a trademark symbol.
Nothing contained on the Sites or this Agreement should be construed as granting you any
license or right to use any Trademark displayed on the Sites without the written permission
of its respective owner. Your use of the Trademarks displayed on the Sites, or any other
content on the Sites, except as provided in this Agreement, is strictly prohibited.
COMPLIANCE WITH LAWS/REGULATIONS
All advertisements are accepted and made available on the Sites upon your warranty that you
are authorized to make available on the Sites the entire contents and subject matter of the
advertisement and that such advertisement will not violate any law or infringe upon any
right of any party. You are required to comply with all applicable laws and regulations in
connection with your use of the Sites and your advertising on the Sites (including without
limitation, laws relating to user privacy and the gathering, storage and usage of personally
identifiable information collected from end users of the advertisements and other laws for
the time being in force ) and such further limitations as may be set forth in any written or
on- screen notice from us. By using the any of the Sites or advertising on any of the Sites,
you represent and warrant that you will not use the Sites for any purpose that is either
unlawful or prohibited by this Agreement. If Advertiser or its agency becomes aware of a
suspected or actual breach of security or unauthorized access affecting personally
identifiable information, Advertiser or its agency will notify “myaddz.com” as soon as
possible and take all action necessary and required to address the breach.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, “MYADDZ.COM ” DISCLAIMS ALL WARRANTIES, EXPRESS AND
IMPLIED, ASSOCIATED WITH ADVERTISING AND RELATED SERVICES PROVIDED ON THE SITES,
ADVERTISER’S USE OF OR PARTICIPATION IN THE ADVERTISEMENT SERVICES, AND OTHER SUBJECT MATTER
OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION: (A) EXPRESS OR IMPLIED WARRANTIES; (B)
WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE; (C) WARRANTIES OF
UNINTERRUPTED OPERATION WITHOUT ERROR; (D) IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES; AND (E)
EXPRESS OR IMPLIED WARRANTIES RELATING TO THE SECURITY, RELIABILITY, TIMELINESS,
AVAILABILITY AND/OR PERFORMANCE OF THE ADVERTISING SERVICES. ADVERTISING SERVICES ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. WITHOUT
LIMITING THE FOREGOING, “MYADDZ.COM ” DOES NOT GUARANTEE ANY GIVEN LEVEL OF CIRCULATION,
DISTRIBUTION, REACH OR READERSHIP FOR ANY ADVERTISEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL “MYADDZ.COM ” BE LIABLE FOR ANY ACT OR OMISSION, OR ANY EVENT DIRECTLY OR
INDIRECTLY RESULTING FROM ANY ACT OR OMISSION OF ADVERTISER OR ANY THIRD PARTIES (IF ANY).
IN NO EVENT SHALL “MYADDZ.COM ” BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL,
SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER ACT
OR STATUTE FOR THE TIME BEING IN FORCE.
INDEMNITY
In consideration of the placement of advertisements on one or more of the Sites, Advertiser
and its agency, if any, shall jointly and severally indemnify, hold harmless and, at
“MYADDZ.COM ”s sole and exclusive discretion, defend, “MYADDZ.COM ”, and its subsidiaries,
affiliates, owners, directors, officers, agents, and employees, (“Indemnified Person(s)”) at
all times from and against any and all third party claims, liability, loss, and expense
(including damage awards, settlement amounts, and reasonable legal fees), brought against
any Indemnified Person(s), arising out of, related to or which may arise from Advertiser’s
advertisements on the Site(s), your website(s) and links to your website(s), and your breach
of any term or condition of this Agreement. The indemnifying party may not agree to any
settlement that imposes any obligation or liability on an indemnified entity without that
entity/party’s prior express written consent.
CONFIDENTIALITY
The financial and other terms of the Advertising Services provided hereunder are confidential
and shall not be disclosed by Advertiser or its agency to any third party.
CHOICE OF LAW AND FORUM
- This Agreement shall be governed by and construed in accordance with the laws of the
Union of India excluding its conflict of law rules. You expressly consent and agree to
submit to the exclusive jurisdiction and venue of the Court of Kolkata in the State of
West Bengal or, in all disputes arising out of or relating to the use of the Sites, the
Advertising Services or this Agreement.
- Any dispute regarding or in connection with the site and related to its terms and
condition between parties shall be referred to the arbitration of a sole arbitrator
appointed by the site owners and the award passed by the said aribitrator shall be final
and binding on the parties to the dispute.
SEVERABILITY AND INTEGRATION
This Agreement constitutes the entire agreement between you and us and governs your use of
the Advertising Services, superseding any prior or contemporaneous communications and
proposals (whether oral, written or electronic) between you and us. If any portion of this
Agreement is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original intention of
the
parties, and the remaining portions shall remain in full force and effect. This agreement
may
be modified only by our posting on the Sites changes to this Agreement, or by a subsequent
writing signed by us.
NO WAIVER
Our failure to enforce any provision(s) of this Agreement or to respond to a breach by you or
other parties shall not in any way waive our right to enforce subsequently any terms or
conditions of this Agreement or to act with respect to similar breaches.
MISCELLANEOUS
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and us as a result of this Agreement or your use of the Advertising Services.
Nothing contained in this Agreement is in derogation of our right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the
Advertising Services or information provided to or gathered by us with respect to such use.
A printed version of this Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this
Agreement to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. Advertiser and agency may
not resell, assign or transfer any of Advertiser’s rights hereunder.
TERMINATION
We reserve the right, in our sole discretion, to terminate this Agreement and your access to
all or part of the Sites and/or Advertising Services, with or without notice and with or
without cause. The provisions of this Agreement will survive the termination of your access
to the Sites and Advertising Services.
NOTICES
At our option, we may give notices to users of the Advertising Services by posting a message
on the Sites, by electronic or conventional mail or by any other means by which users obtain
actual knowledge thereof. Any notices you give to us must be by electronic or conventional
mail. Any notices you send to us by electronic mail must be sent to ………………………. Notices to us
by conventional mail must be sent to: ………………………………….. Any notice by you to us will not
change the terms of this Agreement unless the change is expressly accepted in writing by one
of our authorized officers.