Terms and Conditions

Advertisers: Terms and Conditions

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING FOR THE INTERNET ADMEDIA ONLINE ADVERTISING SOLUTION. PARTICIPATION IN THE INTERNET ADMEDIA ONLINE ADVERTISING SOLUTION INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE INTERNET ADMEDIA ONLINE ADVERTISING SOLUTION.

This agreement shall govern participation in the Internet Admedia Online Advertising Solution. By participating in the program, you will be deemed to have agreed to these terms and conditions electronically. The term “You” or “Customer” shall refer to any individual or entity who accepts the terms and conditions of this agreement by submitting the program registration. The program is offered to you by Internet Admedia. Internet Admedia and Customer hereby agree and acknowledge:

1. Payment:
All Customers are required to pay one hundred percent (100%) of the cost of the campaign before or after its activation to get impressions on the approved ad(s). Internet Admedia reserves the right to set and negotiate specific payment terms on a client-by-client basis. Customer shall be responsible for all charges as set in an online account, and shall pay all charges in Indian Rupees (INR). You can pay via Internet Admedia Recharge Card, Cheque, Demand Draft (DD), Online Transfer (Net Banking), PayPal, Credit Card. Customer acknowledges and agrees that any related billing and payment information that Customer provides to Internet Admedia may be shared by Internet Admedia with companies who work on Internet Admedia's behalf, such as payment processors, solely for the purposes of checking credit, effecting payment to Internet Admedia and servicing Customer's account. Internet Admedia may also provide information in response to valid legal process, such as search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Internet Admedia shall not be liable for any use or disclosure of such information by such third parties.

2. Non Refundable Policy:
The paid amount shall be non refundable. Generally the Customers ask to refund due to issue pertaining to their end of the campaign(s), such as lack of products to promote or any technical issues on their end. In that case advertisers are allowed to use the remaining (non-used) funds later by creating another campaign(s). In case of violation of our Terms and Conditions, with or without any notice, Customer’s account shall be suspended with no refund for any remaining funds. Internet Admedia shall not be responsible, nor shall be held liable, for any loss that results due to the suspension.

3. Program:
Internet Admedia Customer is solely responsible for all:
3.1 ad targeting options and keywords and all ad content, ad information, and ad URLs, whether generated by or for Customer; and
3.2 web site(s), services and landing page(s) which Creative links or direct viewers to, and advertised services and products. Customer shall protect any Customer passwords and takes full responsibility for Customer's own, and third party, use of any Customer accounts. Ad(s) may be placed on any content or property provided by Internet Admedia. Customer must provide Internet Admedia with all relevant Creative by the due date.

4. Guidelines:
4.1 Internet Admedia directs visitors to all type of sites containing contents, such as Adult, Non-Adult or Both. But Internet Admedia shall not direct visitors to sites containing content that is not appropriate for viewing by general consumers. The following are some examples (including but not limited to) of the type of sites Internet Admedia shall not direct visitors to:
4.1.1 Sites that are under construction or incomplete
4.1.2 Advertisements and sites promoting any types of illegal substance or paraphernalia or activity sites with illegal, false or deceptive investment advice and money-making opportunities
4.1.3 Advertisements and sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm
4.1.4 Advertisements and sites promoting any types of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
4.1.5 Advertisements and sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam)
4.1.6 Advertisements and sites with pornography or child pornography and zoo sexuality, or contain links to such content
4.1.7 Advertisements and sites with any types of content reasonable public consensus deems to be improper or inappropriate
4.1.8 Advertisements and sites related to Libelous or defamatory contents
4.1.9 Advertisements and sites containing or linking to software piracy
4.1.10 Advertisements and sites related to Software trading (warez) contents
4.1.11 Advertisements and sites containing or linking to any forms of illegal activity (i.e., how to build a bomb, hacking, etc.)

You agree that you shall not include any ads that have content or links to anything malicious such as malware or viruses. Any attempt to introduce such ads stated above shall result in immediate suspension of your account with or without any notice at our sole discretion, with no refund for any remaining funds. Internet Admedia shall not be responsible, nor shall be held liable, for any loss that results due to the suspension. And as per law, the applicable fine shall be charged for distributing said malicious ads.

4.2 Before or after the approval of your campaign(s) or during running your campaign(s), it’s your response to maintain the site with inappropriate contents as per our Terms and Conditions for what you advertise otherwise we may, in our sole discretion, stop your campaign immediately. Internet Admedia is the sole owner of all websites, campaigns, and aggregate web user data collected by Internet Admedia. Customers only have access to website and web user data that is collected as part of the customer’s campaign. Internet Admedia reserves the right to hold the customer and any agency, broker or other authorized representative of customer jointly and severally liable for all amounts owed to Internet Admedia. Internet Admedia shall not be held legally or financially responsible for any content submitted by an Advertiser while using our marketing services. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to use for advertising and for ensuring that such content complies with all relevant legislation, such as the local laws that they are promoting the products in (such as the age of majority, promoting illegal products, etc) regardless of the location you are setting up your advertising account/campaign in.

5. Disclaimer and Limitation of Liability:
To the fullest extent permitted by law, Internet Admedia disclaims all warranties, express or implied, including without limitation for non-infringement, satisfactory quality, merchant ability and fitness for any purpose. 

5.1 To the fullest extent permitted by law, Internet Admedia disclaims all guarantees regarding positioning or the levels or timing of
5.1.1 cost per thousand impressions (CPM),
5.1.2 availability and delivery of any impressions, creative, or targets on any partner property, Internet Admedia property, or section thereof,
5.1.3 impressions
5.1.4 conversions or other results for any ads or targets
5.1.5 the accuracy of partner data (e.g. reach, size of audience, demographics or other purported characteristics of audience), and
5.1.6 the adjacency or placement of advertisements within a program.

5.2 Except for indemnification amounts payable to third parties hereunder, to the fullest extent permitted by law:
5.2.1 neither party shall be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, goodshall, loss or corruption of data or for any loss or interruption to customer’s business) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy; and
5.2.2 each party’s aggregate liability to the other is limited to amounts paid or payable to Internet Admedia by customer for the ad giving rise to the claim. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

6. Modifications:
Internet Admedia reserves the right to modify the program or any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the program or the terms and conditions within seven (7) days of the date of change.

7. Indemnification:
Customer shall indemnify without limit and defend Internet Admedia, its partners, agents, affiliates, and licensors from any third party claim or liability, arising out of use, customer's program use, targets, creative and services and breach of the agreement. Partners shall be deemed third party beneficiaries of the above partner indemnity. Without limitation to the generality of the foregoing, customer shall indemnify Internet Admedia against any liabilities or losses arising out of any claim based on any act or allegation of infringement of intellectual property, misrepresentation or defamation.

8. Cancellation:
Customer may independently cancel advertising itself online through Customer's account, if any, or, if such online cancellation functionality is not available, with prior written notice to Internet Admedia, including electronic mail. Internet Admedia online auction based advertising cancelled online shall cease serving upon cancellation. All other advertising may be subject to Internet Admedia's ability to re-schedule reserved inventory or cancel advertisements already in production. Cancelled advertisements may be published despite cancellation if cancellation of those ads occurs after any applicable commitment date as set forth in advance by the Partner or Internet Admedia, in which case Customer must pay for those ads. Internet Admedia may cancel immediately any of its advertising Programs, or these Terms at any time with notice, in which case Customer shall be responsible for any ads already run. Internet Admedia may modify any of its advertising Programs at any time without liability.

9. Representations and Warranties: 
You represent and warrant that 
9.1 all of the information provided by you to Internet Admedia is complete, correct and current;
9.2 you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account;
9.3 you must not transmit any worms or viruses or any code of a destructive nature;
9.4 you are the owner of each property or you are legally authorized to act on behalf of the owner of such property(ies) for the purposes of this Agreement and the Program; 
9.5 you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder;
9.6 any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of Internet Admedia’s Privacy Policy.
9.7 any use hereunder and your creative, targets, and your services shall not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights (including, without limitation, intellectual property rights).

You also represent and warrant that it holds and hereby grants Internet Admedia and partners all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in creative, services and targets needed for Internet Admedia and partner to operate Internet Admedia's advertising programs for you (including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of creative or targets) in connection with this Agreement. Violation of the foregoing may result in immediate termination of this Agreement or your account with or without any notice and may subject you to legal penalties and consequences.

10. User Account:
Each Advertiser may only hold one account with Internet Admedia and the same account can be used as a publisher too.

11. Prohibited Uses:
Customer shall not, and shall not authorize any party to: 
10.1 generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions;
10.2 use any automated means or form of scraping or data extraction to access, query or otherwise collect Internet Admedia advertising related information from any Internet Admedia website or property except as expressly permitted by Internet Admedia; or
10.3 advertise anything illegal or engage in any illegal or fraudulent business practice.

Violation of the foregoing may result in immediate termination of this Agreement or your account with or without any notice and may subject you to legal penalties and consequences.

12. Communications:
You agree to direct to Internet Admedia, and not to any publisher, any communication regarding any Customer ads on Partner Properties.

13. Entire Agreement:
This Agreement shall be governed by and construed in accordance with the substantive laws of India, Karnataka, Bangalore, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

14. Choice of Law; Jurisdiction; Forum:
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of India, Karnataka, Bangalore, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

April 20, 2014

 

Publishers: Terms and Conditions

 

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING FOR THE INTERNET ADMEDIA ONLINE ADVERTISING SOLUTION. PARTICIPATION IN THE INTERNET ADMEDIA ONLINE ADVERTISING SOLUTION INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE INTERNET ADMEDIA ONLINE ADVERTISING SOLUTION.

This agreement between You and Internet Admedia consists of these Internet Admedia Online Advertising Solution Standard Terms and Conditions. A description of the Program, as generally offered by Internet Admedia, is available at the Program Frequently Asked Questions ('FAQ') URL, located at http://internetadmedia.com/welcome/publisher, or such other URL as Internet Admedia may provide from time to time. 'You' or 'Publisher' means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.

1. Program Participation:
Internet Admedia will have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Internet Admedia Online Advertising Solution. Internet Admedia reserves the right to refuse participation to any applicant or participant at any time in its sole discretion.

Internet Admedia accepts Adult and Non-Adult websites but the following are some examples (including but not limited to) of the type of sites that are not allowed to participate in our Online Advertising Solution:

1.1 Sites that are under construction or incomplete
1.2 Sites promoting any types of illegal substance or paraphernalia or activity sites with illegal, false or deceptive investment advice and money-making opportunities
1.3 Sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm
1.4 Sites promoting any types of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
1.5 Sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam)
1.6 Sites displaying pornography or child pornography and zoo sexuality, or contain links to such content
1.7 Sites with any types of content reasonable public consensus deems to be improper or inappropriate
1.8 Libelous or defamatory sites
1.9 Sites containing or linking to software piracy
1.10 Software trading (warez) sites
1.11 Sites containing or linking to any forms of illegal activity (i.e., how to build a bomb, hacking, etc.)

2. User' Responsibilities:
You are solely responsible for the Property(ies), including all content and materials, maintenance and operation thereof, the proper implementation of Internet Admedia's specifications, and adherence to the terms of this Agreement, including compliance with the Privacy Policy. Internet Admedia reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to access Ads or Referral Links or Banners or to complete any Referral Event, or any engagement in any activity prohibited by this Agreement. Internet Admedia is not responsible for anything related to Your Property(ies), including without limitation the receipt of queries from end users of Your Property(ies) or the transmission of data between Your Property(ies) and Internet Admedia. Any violation of the rules will result in immediate removal from the Program. Your account will be cancelled with or without any information and your payment will be null and void. In addition, Internet Admedia shall not be obligated to provide notice to You in the event that any Ad or Referral Link or Banner is not being displayed properly to, or Referral Event is not being completed properly by, end users of the Property(ies).

3. Termination:
Subject to any third party agreements you may have with other Internet Admedia customers (e.g., your web hosting company), you may stop displaying Ads or Referral Links or Buttons on any Property in the Program with or without cause at any time by removing the Internet Admedia JavaScript or similar programming from Your Properties. You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel your participation in the Program to support@internetadmedia.com. This Agreement will be deemed terminated within seven (7) working days of Internet Admedia's receipt of your notice. Internet Admedia may investigate any activity that may violate this Agreement. Internet Admedia may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Property in all or part of the Program for any reason. In addition, Internet Admedia reserves the right to terminate without notice any account that has not generated a sufficient number of valid impressions on Ads (in each case as measured by Internet Admedia) for a period of three (3) months or more.

4. Representations and Warranties: 
You represent and warrant that 
4.1 all of the information provided by you to Internet Admedia to enroll and update profile in the Program is correct and current;
4.2 you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account;
4.3 you must not transmit any worms or viruses or any code of a destructive nature;
4.4 you are the owner of each Property or You are legally authorized to act on behalf of the owner of such Property(ies) for the purposes of this Agreement and the Program; 
4.5 you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and 
4.6 any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of Internet Admedia’s Privacy Policy.

5. Prohibited Uses: 
You shall not, and shall not authorize or encourage any third party to: 
5.1 directly or indirectly generate queries, Referral Events, or impressions of or clicks on any Ad, Link or Referral Link or Banner (including without limitation by clicking on 'play' for any video Ad) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; 
5.2 edit, modify, filter, truncate or change the order of the information contained in any Ad, Link or Referral Link or Banner, or remove, obscure or minimize any Ad, Link or Referral Link or Banner in any way without authorization from Internet Admedia;
5.3 frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of an Ad ('Advertiser Page'), any Search Results Page, or any Referral Page; 
5.4 redirect an end user away from any Advertiser Page, Search Results Page, or Referral Page; provide a version of the Advertiser Page, Search Results Page, or Referral Page that is different from the page an end user would access by going directly to the Advertiser Page, Search Results Page, or Referral Page; intersperse any content between the Ad and the Advertiser Page, between the page containing the Search Box and the Search Results Page, or between the Referral Button and the Referral Page; or otherwise provide anything other than a direct link from an Ad to an Advertiser Page, from the page containing the Search Box to the Search Results Page, or from the Referral Button to the Referral Page; 
5.5 display any Ad(s), Links) or Referral Link(s) or Banner(s) on any Web page or any Web site that contains not allowed matters as per mentioned above in “sub sections” from 1.1 to 1.11 of section “1”;
5.6 directly or indirectly access, launch, and/or activate Ads or Referral Links or Banners through or from, or otherwise incorporate the Ads or Referral Links or Banners in, any software application, Web site, or other means other than your Property(ies), and then only to the extent expressly permitted by this Agreement; 
5.7 'crawl', 'spider', index or in any non-transitory manner store or cache information obtained from any Ads or Referral Events, or any part, copy, or derivative thereto; 
5.8 act in any way that violates any Program Privacy Policy posted on the Internet Admedia Web Site, as may be revised from time to time, or any other agreement between you and Internet Admedia (including without limitation the Internet Admedia Online Advertising Solution terms); 
5.9 disseminate malware; 
5.10 create a new account to use the Program after Internet Admedia has terminated this Agreement with you as a result of your breach of this Agreement; or 
5.11 engage in any action or practice that reflects poorly on Internet Admedia or otherwise disparages or devalues Internet Admedia’s reputation or goodwill. 

You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against you, including an immediate suspension of your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

6. Traffic Requirements:
Internet Admedia accepts all sites with less or high traffic from all over the world with any languages but quality of site(s) is most important as per our Terms and Conditions or will result in account suspension.

7. Communications:
You agree to direct to Internet Admedia, and not to any advertiser, any communication regarding any Ad(s) or Link(s) displayed in connection with Your Property(ies).

8. Code Placement:
Internet Admedia ad codes must not be modified from original format without consent from Internet Admedia. Ad codes cannot be placed in email messages. In one page maximum 5 numbers of ad(s) code can be placed with different ad(s) sizes.

9. Limitations of Liability:
Except for any indemnification and confidentiality obligations hereunder or your breach of any Intellectual Property rights and/or proprietary interests relating to the program,
9.1 in no event shall either party be liable under this agreement for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other legal theory, even if such party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy and
9.2 Internet Admedia’s aggregate liability to publisher under this agreement for any claim is limited to the net amount paid by Internet Admedia to publisher during the three (3) month period immediately preceding the date of claim.

Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

10. User Account:
Each Publisher may only hold one account with Internet Admedia and the same account can be used as an advertiser too.

11. Payment Policy:
Standard Internet Admedia payment rate is up to 70% of the bid price paid by the advertisers. Actual payout rates may vary with Web site or blog performance and market conditions. Users (Publishers or affiliates) will be paid via PayPal, Check, Demand Draft (DD), Online Transfer (Net Banking) in Indian Rupees (INR), fifteen working days (15) after the end of 15 days period. Users will be paid on the basis of request on only 1st and 16th of every month. No payments will be issued for any revenues less than INR 3000. For all payment method applicable processing fee will be charged. Any publisher payment that is unclaimed 3 months after the issue date will not be compensated.

All unpaid earnings will roll over to the next pay period. All payments are based on actual as defined, accounted and audited by Internet Admedia. Internet Admedia reserves the absolute right not to issue payment to any accounts or users that violate any of the terms and conditions set forth herein.

12. Your Obligation to Indemnify:
You agree to indemnify, defend and hold Internet Admedia, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively 'Indemnified Person(s)') harmless 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 your use of the Program, the Property(ies), and/or your breach of any term of this Agreement.

13. Publicity:
You agree that Internet Admedia may use your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, Search Results Pages, and Referral Pages. If you wish to use Internet Admedia's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, you may do so, once after having written consent from Internet Admedia. For this you may contact us at support@internetadmedia.com.

14. Confidentiality:
You agree not to disclose Internet Admedia Confidential Information you obtain from us and or from our users without Internet Admedia's prior written consent. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Internet Admedia. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

15. No Guarantee:
Internet Admedia makes no guarantee regarding the level of impressions of Ads on any Ad, link or Referral Link or Banner, the timing of delivery of such impressions, the completion of Referral Events, or the amount of any payment to be made to you under this Agreement.  In addition, for the avoidance of doubt, Internet Admedia does not guarantee the Program will be operable at all times or during any down time 
15.1 caused by any failures of your equipment, systems or local access services, 
15.2 caused by outages to any public Internet backbones, networks or servers, 
15.3 for previously scheduled maintenance or 
15.4 relating to events beyond Internet Admedia’s (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Internet Admedia (or its wholly owned subsidiaries) or your servers are located or co-located.

16. No Warranty:
Internet Admedia makes no warranty, express or implied, including without limitation with respect to advertising, links, referrals, and other services, and expressly disclaims the warranties or conditions of non-infringement merchantability, and fitness for any particular purpose. To the extent ads, links, and search results are based on or displayed in connection with non-Internet Admedia content, Internet Admedia shall not have any liability in connection with the display of such ads, links and search results. 

17. Internet Admedia Rights:
You acknowledge that Internet Admedia owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program (including Internet Admedia's ad serving technology, referral technology, and Brand Features, including implied licenses, and excluding items licensed by Internet Admedia from third parties and excluding any third party media player that may comprise the Property), and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Internet Admedia services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter Internet Admedia's copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Internet Admedia services, software, or documentation (including without limitation the display of Internet Admedia’s Brand Features with Ads, Links, and/or Referral Links or Banners, as applicable). 'Intellectual Property Rights' means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

18. Information Rights:
Internet Admedia may retain and use, subject to the terms of the Internet Admedia Privacy Policy (located at http://internetadmedia.com/welcome/privacy, or such other URL as Internet Admedia may provide from time to time), all information You provide, including but not limited to Property demographics and contact and billing information. You agree that Internet Admedia may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws than your own. Internet Admedia may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Internet Admedia disclaims all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party. Internet Admedia may share non-personally-identifiable information about you, including Property URLs, Property-specific statistics and similar information collected by Internet Admedia, with advertisers, business partners, sponsors, and other third parties. In addition, You grant Internet Admedia the right to access, index and cache the Property(ies), or any portion thereof, including by automated means including Web crawlers.

19. Modifications:
Internet Admedia reserves the right to modify the program or any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the program or the terms and conditions within seven (7) days of the date of change.

20. Entire Agreement:
This Agreement shall be governed by and construed in accordance with the substantive laws of India, Karnataka, Bangalore, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

21. Choice of Law; Jurisdiction; Forum:
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of India, Karnataka, Bangalore, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

April 20, 2014

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