This Agreement is between User ("you") and Hunt Digital Media, parent company and on behalf of all its legal subsidiaries located anywhere in the world, hereinafter referred as "Hunt Digital Media" and sets down the terms and conditions under which you may avail of Hunt Digital Media Services. To become a user of the Hunt Digital Media Services, you must read and accept these terms and conditions for Hunt Digital Media Services and submit an application which must identify the legal entity entering into this Agreement and the specific needs for which you desire to implement the Hunt Digital Media Services. By submitting your application you are agreeing that you accept these terms and conditions. Any parties that you may resell to, for use of Hunt Digital Media Services are your responsibility and are bound by these terms.
It is within Hunt Digital Media's sole discretion to deny your application to become a Hunt Digital Media user for any reason. After evaluating your application, Hunt Digital Media will notify you of our acceptance or rejection thereof. Hunt Digital Media's acceptance is expressly conditional upon your assent to the terms of this Agreement, to the exclusion of all other terms.
"User" shall be yourself, whether in the capacity of Advertiser, Publisher or otherwise.
"Advertisers" shall include the advertiser or advertising agency promoting products or services through Ads on various Sites, on Hunt Digital Media Network.
"Publisher/s" shall mean all parties that have offered to sell inventory (space) to Hunt Digital Media for display of advertisement on their Sites and shall include WAP Publishers, App Developers, Channel Partners and Licensing Partners.
"Content" shall mean content and information provided by you, including all advertising content, images, text, illustrations, representatives, sketches, brands, maps, labels, applications or software or any website or other content whether or not developed, distributed or published by you or in association with any developer, distributor, publisher or customer for the purpose rendering the advertisement services.
"Ads" refer to all advertisements that are served onto a Publisher's Site by Hunt Digital Media through their network, including, but not limited to, text links and banners.
"Site/s" shall include all WAP sites, mobile internet sites, mobile web sites, and mobile applications which are publishing Content through Hunt Digital Media.
"Network" shall mean the inventory offered for sale to Hunt Digital Media and includes the various Sites, Users and their mobile properties used for publishing or advertising Content, by Hunt Digital Media.
"Service/s" shall mean:
display of your advertisement in respect to your products or services by showing banners, taglines, text links or other Content provided by you, across the Hunt Digital Media Network;
the display of Ads on your Content and including you in the Network;
the distribution of any mobile applications or software, through various Publishers with Hunt Digital Media ad codes or solutions;
any other services provided by Hunt Digital Media from time to time.
"CPM" shall mean cost-per-thousand. A payment on a CPM basis means that payments are calculated for every one thousand ad views or impressions.
"CPC" shall mean cost-per-click. A payment on a CPC basis means that payments are calculated for every click. A click is counted when a visitor to a Publisher's Site/ Developers Application clicks on an advertisement, application or other specified content.
"Effective Date" shall mean the date of execution/ acceptance of this Agreement."Inventory" shall be the aggregation of clicks/ impressions on any Content or Site.
"Net Revenue" shall mean revenues actually received by Hunt Digital Media from the sale, use or other disposition of Ads displayed on Publisher's Sites less any applicable taxes, and less any agency commissions, carrier and/or partner fees, and less any allowances actually made or taken for returns, discounts or promotional allowances. The Net Revenue shall also exclude other revenues indirectly earned, if applicable, for consulting, planning and targeting, copywriting, site building, account management or technical modifications or technical innovations which may be charged by Hunt Digital Media to third parties from time to time.
"Rate card" shall include current CPC and CPM rates at which bookings can be made.
This Agreement shall come into force on the effective date and remain in force until terminated under these provisions.
In order to use the Services, you must first agree to the Terms and Conditions. You may not use the Services if you do not accept the Terms.
You can accept the Terms and Conditions by:
clicking to accept or agree to the Terms and Conditions, where this option is made available to you by Hunt Digital Media in the user interface for any Service; or
by actually using the Services. In this case, you understand and agree that Hunt Digital Media will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Hunt Digital Media, or (b) you are a person barred from receiving the Services under the laws of your country or other countries including the country in which you are resident or from which you use the Services.Before you continue, you should print off or save a local copy of the Universal Terms for your records.
You are solely responsible for all Content submitted by you including any Content submitted on behalf of or generated by your customers, affiliates, agents or partners. You agree and you shall ensure the accuracy of such Content and warrant that you are authorised to advertise or utilise these items/products/ services/ brands yourself or on behalf of your customers, affiliates or partners. Hunt Digital Media is not responsible for anything whatsoever in your Content.
You shall not submit any Content that contains or promotes anything which may be: (a) morally questionable, (b) illegal, (c) racist, (d) politically or religiously provocative, (e) promoting violence or hatred against any group on the basis of race, ethnicity, religion, political association, disability, age, sexual orientation or otherwise (f) containing malware or any virus, (g) fraudulent (h) not in line with any regulations set out in this regard, (i) adult, suitable only for users over the age of 18, (j) infringing any intellectual property rights of any third party; (k) promoting alcoholic beverages or tobacco related products in jurisdictions where the same is disallowed, or banned / illegal drugs or other controlled substances, explosives or hazardous materials, combustibles, corrosives, gambling transactions or any product or service which is not in compliance with all laws and regulations. Hunt Digital Media shall have the right to reject or withdraw your Content at any time whatsoever. Hunt Digital Media shall have the right to market or bundle your Content in a manner it deems appropriate.
You acknowledge and agree that if you use any of the Services or Sites to contribute or make available Content, Hunt Digital Media is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content and to allow others to do so in connection with the Services or the Site for the duration of this Agreement.
Introduction These terms of use govern your use of our website; by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.[You must be at least [18] years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least [18] years of age.][Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our [privacy policy / cookies policy].] Licence to use website Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages [or [other content]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not: republish material from this website (including republication on another website);sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation] .]Acceptable use You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.[You must not use our website to transmit or send unsolicited commercial communications.][You must not use our website for any purposes related to marketing without our express written consent.]Restricted access Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If [we provide you with / you generate] a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our website[, unless you have that person's express permission to do so].[We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.]User content In these terms of use, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights. You warrant and represent that your content will comply with these terms of use. Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). Your content should not contain following Forbidden or Restricted Categories: Adult Content Pornography. Sexually explicit content, published for the purposes of entertainment, including (but not limited to) photographs and text depicting or describing legal sexual acts between consenting adults. Advertising is also not permitted for the promotion of child pornography, any sexually suggestive content involving children, or other non-consensual material. This includes teen pornography or other pornography that describes models that might be underage. Alcohol of any kind of any kind (hard, beer, wine).Advertising for any kind of alcohol is not allowed. Anti-Group Content & Violence. Advertisements may not promote violence or advocate against a group based on race, color, national origin, religion, disability, sex, age, veteran status, or sexual orientation/gender identity. Advertising text advocating against any organization or person (public, private, or protected) is not permitted.
Stating disagreement with or campaigning against a candidate for public office, a political party, or public administration is generally permissible. Graphic violence Bombs/Guns/ firearms, bullets/Ammunition etc. Content offering genuine or replica guns, bombs, ammunition, or other offensive weapons for sale Content glorifying the use of or offering technical information on guns, bombs, ammunition, or other deadly devices. Copyrighted Works Copyrights are important business assets in which the copyright holder maintains exclusive rights. Advertising is not permitted to promote the copying or distribution of copyrighted content without the consent of the copyright holder. Counterfeit Designer Goods. Advertising is not permitted for products that are replicas or imitations of designer goods. Dumping or Illegal Product sales Advertising promoting products or sales that could be determined "product dumping". Fake Documents Advertising is not permitted for the promotion of fake documents such as fake IDs, passports, or social security cards. Advertising is also not permitted for the promotion of services that allow people to hire others to take standardized tests for them. Gambling (excluding permitted under law)Advertisements may not promote sports bets, memberships or enrolment in online gambling sites, or any related content in countries where gambling is illegal. Hacking and Cracking Advertising is not permitted for the promotion of hacking or cracking instructions or equipment to illegally access or tamper with software, servers, or websites; sites or products that enable illegal access of cell phones and other communication or content-delivery systems/devices; copied or backed-up versions of software, CDs, or DVDs not intended for personal use; products or services that circumvent digital rights management technologies or technical protection measures for copyrighted works, etc. Hate Content, Obscenity and Indecency Content articulating views intended to cause or incite hatred of any race, religion, creed, class, or ethnic group. Content articulating views calculated to cause offense to or incite hatred of any individual or group. Content explicitly glorifying or delivering for the purposes of entertainment scenes or descriptions of non-consensual pain, suffering, death, torture, or ill-treatment of humans or animals. Content that is unlawful by reason of obscenity or indecency under prevailing legislation (such as the Obscene Publications Act 1959 and the Protection of Children Act 1978). Death (funeral homes, mortuaries)Potentially slanderous or libelous content. Vulgar language, proxies for vulgar language (X@#%!).Misleading language (e.g. using the word "free" in the Advertisement to describe a contest or sweepstakes prize).Unsubstantiated, false, or misleading claims. Miracle Cures Advertising is not permitted for the promotion of miracle cures, such as 'Cure cancer overnight!' Political Content / Political Campaigns Advertising whose editorial content is predominantly aimed at furthering the cause of any political party, organized campaign, or informal pressure group. This does not include editorial or other comments and discussion on current affairs or news. Prostitution Advertising is not permitted for the promotion of prostitution. Scams/Phishing for Personal Information Advertising is not permitted for information or devices used to collect sensitive personal information or money with fake forms or false claims. Tobacco (Cigarettes, cigars, pipes, chewing tobacco, etc.)Advertising is not permitted for tobacco or tobacco-related products. Misleading language Includes but is not limited to using the word "free" in the Advertisement to describe a contest or sweepstakes prize. Unsubstantiated, false, or misleading claims. Unreasonable or highly unlikely product or service claims. Any Advertising content that violates applicable laws, rules or regulations. Subscription for goods and/or services You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.[Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.]Limited warranties We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).Limitations and exclusions of liability Nothing in these terms of use will:(a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.[To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.][We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.][We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.][We will not be liable to you in respect of any loss or corruption of any data, database or software.][We will not be liable to you in respect of any special, indirect or consequential loss or damage.]IndemnityYou hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use [, or arising out of any claim that you have breached any provision of these terms of use].Breaches of these terms of use Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. Variation We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website. Assignment We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. Severability If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Exclusion of third party rights These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party. Entire agreement Subject to the first paragraph of Section [8], these terms of use[, together with our privacy policy,] constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website. Law and jurisdiction These terms of use will be governed by and construed in accordance with Indian law, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of India.
