1. Adzorb Digital (“Adzorb”)
YOU ARE HERE NOW because you are considering or have entered into an advertising services arrangement with Adzorb, either as a Publisher (selling ads) or Advertiser (placing ads) (the “Services”) or just happen to be browsing our website for information.
Please read the Agreement carefully and if you feel that you need legal counsel in this process, then you should have your legal representative read it too.
“Advertiser” or “publisher” or “you” means the individual or entity using the Adzorb Services while “we,” “us” or “Adzorb” means Adzorb Digital Pvt Ltd (CIN- U72200TG2015PTC100015)
2. Access to the Services
To use our Services, you have to execute either a Adzorb Publisher Agreement (Publishers) or an Insertion Order Agreement (Advertisers), which then creates your account subject only to Adzorb’s exclusive approval (an “Account”). Adzorb has the sole and exclusive right to refuse or limit your access to the Services. To use the Services, you must have reached the age of majority, which is 18 years old.
By entering into an agreement with Adzorb, you permit Adzorb to serve advertisements in form and substance as provided in the Adzorb Publisher Agreement or Adzorb Insertion Order Agreement and other content related to search queries or links to your website(s), mobile apps, mobile content or media players as stated in the Agreements (“Ad Properties”).
3. Using our services
If any misuse of our Services is observed, Adzorb reserves the right to cancel your Agreement at any time. If you do not want to use Adzorb Services any longer, then you may discontinue Service use at any time by notifying us.
4. Changes to our Services; Changes to the Agreement
We may change the Services or modify the Agreement at any time, without prior notice. If you don’t agree to any changes or modifications in the Agreement, then you may terminate the agreement by notifying us by email.
You will either pay or receive a payment related to the number of valid views on Ads displayed on your Ad Properties, the number of valid impressions of Ads displayed on your Ad Properties, or other valid events performed in connection with the display of Ads on your Ad Properties, in each case as determined by Adzorb. These express measures are determined in your Adzorb Publisher Agreement or Adzorb Insertion Order Agreement.
Unless expressly authorized in writing by Adzorb, all payment terms are stated in the Adzorb Publisher Agreement and Adzorb Insertion Order Agreement.
Where applicable, Adzorb may deduct applicable taxes as required by law prior to making any payments to its partners.
You agree not to disclose Adzorb Confidential Information without our prior written consent. “Adzorb Confidential Information” is any information provided by Adzorb to you that has the terms “Confidential” written on the document. For tax planning purposes and other related financial matters, you may disclose your revenue related to the Agreement to the appropriate tax or accounting professionals related to your business.
You may terminate the Agreement at any time. Adzorb may terminate the Agreement at any time. You simply notify us of your intention to cancel the agreement via email and we will do the same using your email account information provided by you.
You agree to indemnify Adzorb for any misuse of the Services that leads to a lawsuit against Adzorb. Adzorb’s advertisers are third-party beneficiaries of this indemnity.
11. Representations; Warranties; Disclaimers
You represent and warrant that you have the authority to enter into the Agreement and that all of the information provided by you to Adzorb is true to the best of your knowledge.
ADZORB DOES NOT MAKE ANY PROMISES ABOUT THE SERVICES AND THEY ARE DELIVERED “AS IS”. ADZORB SPECIFICALLY EXCLUDES ANY AND ALL WARRANTIES WHETHER EXPRESS, OR STATUTORY OR IMPLIED AS WELL AS THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE AGREEMENT, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT OR TORT, AND (ii) EACH PARTY’S AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THIS AGREEMENT DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRIOR THE CLAIM DATE. Each party acknowledges that the other party has entered into the Agreement relying on the limitations of liability stated herein and that those limitations have been bargained for separately and therefor an essential element of the Agreement between the parties.
Entire Agreement; Amendments. The Agreement is our entire agreement relating to your use of the Services. This Agreement may be amended or as established in Section 4, if you keep using the Services after Adzorb modifies the Agreement.
Where the Terms and Conditions are silent on a matter then the Adzorb Publisher Agreement, Adzorb Insertion Order Agreement