BEFORE USING THE SERVICES AND/OR REGISTERING ON THE SITE, YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY AND BY USING THE WEBSITE AND/OR THE SERVICES YOU AGREE TO ACCEPT THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE AND/OR THE SERVICES.
These are terms and conditions of use of www.mediagust.com website ("Site") and the Services offered through. Please read these terms and conditions ("Terms and Conditions") carefully, because they set forth the important terms that you will need to know about the Site and the Services. These Terms and Conditions are binding and must be followed by each individual using the Site irrespective of whether the person is registered as a User (as defined below in Definitions) or is using the site as a Visitor (as defined below in Definitions) without registration.
These Terms and Conditions may be changed or modified in whole or in portions at any time without further notice. Changes to these Terms and Conditions will be posted on the Site. It is your responsibility to review the Terms frequently and to remain informed of any changes to them. Your continued use of the Site and/or the Services after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site and/or the Services. Any amendment to the Terms and Conditions published on the Site will be immediately applicable to Users and Visitors.
The following terms shall have the following meanings in these Terms and Conditions:
Provider:MediaGust, a digital marketing agency incorporated and existent in the Republic of India, who is granted right by the Owner to provide the Users access to the services via the website and collect fees from Users ("MediaGust", "we", "our" or "us").
End-User agreement: Agreement with User made by Owner or Provider (or other Owner's licensee) which grants User a right to access and use our services through Site.
Owner: The sole owner of intellectual property rights and other rights to the Services and the Site – MediaGust., registered in the republic of India ("MediaGust", "we", "our" or "us").
Pricelist: A document that lists the prices for the use of Services as provided on the Site.
Site: The website located at the address http://mediagust.com ("MediaGust", "we", "our" or "us").
Software: Performance marketing services (including any and all upgrades, additions, enhancements, modifications, customization) obtained and/or developed, in whole or in part, by the Owner, which is accessible by the Users via the Site ("MediaGust", "we", "our" or "us").
Terms and Conditions: The present Terms and Conditions with their appendices and all further and subsequent supplements and amendments.
User: Any person/business who, after having registered for the Site and after conclusion of End-User agreement, is entitled to use Software through the Site ("you" or "your").
User's Account or Account: The account resulting from a User's registration on the Site, containing personal/corporate data including data with regard to the use of Services via the Site.
Affiliate: An Affiliate is any website that displays advertisements on behalf of an Advertiser. The terms Affiliate and Publisher can be used interchangeably.
Geographic Location Data: Can either be precise (identifying the end user's and visitor's precise location) or imprecise (identifying the end user's and visitor's city or country). In MediaGust we collect imprecise geographic data through IP address and/or wi-fi networks in the end user's/visitor's vicinity. We collect this data to help us provide more relevant advertisements and content to our clients (including former and potential clients) and to ensure we comply with country specific requirements as well as for our internal statistical purposes.
Impressions: Occur when a User sees an ad for an Advertiser on a Publisher's site or app.
Postbacks: These are server-to-server communications between parties (generally through an API).
Cookies: Cookies are small text image files stored on your computer either temporarily or permanently to allow websites to recognize users, keep track of their preferences, to improve your experience on the website and to analyze your behavior on it.
SERVICES AND SITE
The performance marketing services used for data retrieval, analyses, sorting, warehousing, processing and presentation as available to Users through the Site.
Requirements for Use of the Services and Site
You need to register on the site and to provide only accurate, complete, and up-to-date information. Each time to access and use the services via the Site, you shall be required to login by using your email and password as provided with your registration. Except for the period of free trial, you need to obtain end-user license and to conclude End-User agreement to use the Services with Owner or Provider (or other Owner's licensee).
Except for the period of free trial, you shall be charged for the access to the Services as detailed in the Pricelist. You agree to pay the applicable license fees and taxes to Owner or Provider (or other Owner's licensee). You are responsible for paying all applicable sales, use, transfer or other taxes, including withholding tax, and all duties including correspondent bank fees.
Use of the Services and the Site
You shall be allowed to (i) upload data to the Services; (ii) use Services to retrieve, arrange, analyze and store the data, (iii) download data from the Software, as provided in the End-User Agreement. With respect to the use of the Site/the Services, you are prohibited and you agree not to engage in (i) offenses against any individual and his privacy and (ii) the uploading of indecent materials or the use of the Site/the Services in any matter that is inconsistent with applicable laws or such as to injure Provider's and/or Owner's business reputation.
You agree that Provider and/or Owner are not responsible or liable for any data (including content and links) uploaded by you on the Site/the Software. Owner is entitled to remove from the Site any information. You use the Site/the Services at your own risk.
Communication and Offers
Owner or Provider is entitled at any time to publish on the Site any proposals, to propose new services, and to amend these Terms and Conditions accordingly. In the case of inconsistencies between these Terms and Conditions and special terms and conditions published on the Site regarding any of the foregoing, the latter shall prevail.
Two-level support is provided:
Licensee Level Support:
Provider or its authorized representative shall provide to Users support limited to advice and consultations on the use of the Site and/or Services. Such support shall be delivered 24/7 in English via support request form on the Site.
Owner Level Support:
Any technical support, which requires access, modification or update of website and/or access Users' data processed by Software/Services, shall be escalated by Provider to the Owner, and shall be provided by the Owner or its authorized representative.
Provider is entitled to collect license fees from Users for the granted right (sub-license) to access and use of Services/Software via the Site, according to the prices indicated in the Pricelist. You acknowledge and agree that Owner or Provider is entitled, at its sole discretion, to change the Pricelist at any time. Such changes shall be posted by the Owner or Provider on the Site. Unless otherwise stated, all fees are quoted in USD. All fees due and payable under the Terms and Conditions are exclusive of taxes, which will be added at the prevailing rate from time to time.
MediaGust may use various billing service providers. When using such provider's services, you agree to be subject to, and to comply with, the terms and policies of such provider. MediaGust shall not be liable and/or responsible for any acts or omissions of such billing providers. All payment conditions as well invoice issuing terms are indicated in the End-User Agreement.
All Users and Visitors acknowledge and agree that Owner or Provider is not required to verify (though it has the right to do so), and therefore cannot be held responsible for any Users' actions or inactions related to the Site/Services or the Software and/or their compliance with applicable law.
Every User and Visitor is responsible and must comply with all applicable laws related to his/her use of the Site/Services and the Software. In particular, but without limitation, Users and Visitors must not: (i) infringe any third-party rights, or (ii) use the identities of other companies/individuals.
You acknowledge and agree that Provider and/or the Owner are not responsible for any damage, whether material or not, experienced by natural or legal persons and which could arise directly or indirectly as a consequence of a Visitor and/or User actions while using the Site/Services and/or the Software. Only Visitor/User himself is responsible for his actions while using the Site/Services and/or Software and his/her compliance with all applicable laws.
USERS' RIGHTS, RESPONSIBILITIES
Users undertake the following: (i) when registering on the Site to provide true information, including his or her real name, company he represents, contact details; (ii) to sign up for the Site only once and not to create more than one Account (one Account per User); (iii) not to use the Site/Services and/or Software for performance of unlawful actions or transactions or frauds; (iv) not to copy or to otherwise make an illegal use of information placed on the Site that was uploaded by Owner/Provider or any other third party; and (v) to ensure that all information provided is correct.
Users and Visitors undertake that, while using the Site/Services and Software, they will: (i) not infringe property rights or personal non-property rights of Owner/Provider and/or any third parties (including intellectual property rights); (ii) not violate any applicable laws or regulations; and (iii) not upload any data that is contrary to law or contains any viruses or other computer programs or files that may (xi) interfere with the normal operation of the Site/Services and/or Software, (xii) cause damage to the Owner/Provider and/or User or their property, or impede the User's use of the Site/Services or Software and the User's computer.
You also agree and shall not to use the Site/Services and/or the Software for any unlawful purpose, in a way prohibited by the Terms and Conditions, including, but not limiting to, (i) not to use any hacking or cheating software or tools to obstruct, disrupt or interfere with the operation of the Site and/or the Software; (ii) not to use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by us to access the Site and/or the Software, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Site/Services and/or Software; (iii) not to obtain or attempt to obtain any information from the Site and/or the Software, including email addresses or phone numbers of other account holders or other software data; (iv) not to use the Site and/or the Software for any illegal, obscene, offensive or immoral purpose.
Owner or Provider (or other Owner's licensee) are not responsible for any Visitor's/User's behavior while using the Site/Services or the Software. Visitors/Users are solely responsible for his/her use of Site/Services and/or the Software, including the use by their employees or any unauthorized person.
Users are responsible for maintaining the confidentiality of their password and account, if any, and are fully responsible for any and all activities that occur under their password or account. Users agree to (i) immediately notify Owner or Provider of any unauthorized use of their password or account or any other breach of security, and (ii) ensure that they exit from their account at the end of each session when accessing the Site/the Software. Provider and/or the Owner will not be liable for any loss or damage arising from your failure to comply with these obligations.
Users undertake to promptly update any information on the Site that becomes irrelevant, outdated or inapplicable due to any changes in the User’s previously submitted data (particularly, all data submitted during registration at the Site).
Representations and Warranties
When using the Site, you represent and warrant that you: (i) are 18 years old or older; (ii) shall properly comply with all of your obligations as set forth in these Terms and Conditions, End-User Agreement and any other Site Rules; (iii) shall be fully and exclusively responsible for any use of the Site/Services and/or Software; (iv) have the right to represent the legal entity on behalf of which you use the Site/Software and commit to payments on its behalf; (v) shall pay any and all taxes related to the use of the Site/Software; and (vi) shall promptly pay Owner or Provider for any paid Software pursuant to the fees and procedures specified in the Pricelist, and you understand that the non-performance of such obligations may result in an obligation to provide full compensation for any losses incurred by the Owner/Provider.
You agree that you are not entitled to collect or store, or attempt to collect or store, personal data about third parties without their knowledge and consent. You acknowledge and agree that you are prohibited from using Software/Site in violation of applicable laws and regulations.
You represent that all information and data uploaded by you or retrieved, processed by the Software on your behalf shall not contain any material (a) protected by copyright, trademark, trade secret, patent or any other intellectual property right without authorization, or (b) that is defamatory, trade libelous, unlawfully threatening or harassing, pornographic, obscene or harmful to minors, racist, vulgar, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age, or (c) that violates any law or regulation, including without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising, or (d) that contains any viruses, worms or any other software intended to damage or alter a computer system or data.
You represent that all information and data uploaded by you or retrieved, processed by the Software on your behalf shall not contain any material that contains mass mailings or any form of "spam".
RIGHTS AND RESPONSIBILITIES OF THE SITE
Owner/Provider is entitled, at his sole discretion, to limit or terminate a User's or Visitor's right to use the Site/Services and/or Software, including canceling a User's Account and preventing a User from re-registering on the Site or a Visitor from re-accessing the Site.
Owner/Provider shall have the right, at his sole discretion, with or in case of a material breach of these Terms and Conditions and/or End-User Agreement without sending a formal notice to a User, to partially or fully block, suspend or terminate such User's Account, as a result of which the User may be deprived of the right to use the Site/Service or any of the Software.
Owner/Provider has the right (but are not required to), with an aim of restraining illegal activities, to observe at any time the User's and Visitor's actions, and the Users and the Visitors hereby agree to the same. Owner/Provider, aiming to protect the Site Users and Visitors from frauds and other offenses, may collect data about the conduct of Users and Visitors.
Owner is entitled at any time to (i) modify, update and change the Site and/or Software; (ii) remove or modify features, functionalities of the Site and/or Software; (iii) stop or terminate the Site / the software entirely or in part; or (iv) rearrange any uploaded or posted information as long as such rearrangement does not affect Users' data.
The Site/Services and the Software are operated and maintained solely by the Owner. Provider has nor rights, nor ability to modify the Site/Services the Software, as well as no rights to use the Software. Provider does not provide any services to the Users, except of Licensee Level Support.
Owner is entitled at any time to unilaterally terminate or suspend or transfer to third parties the operation of the Site/Service and the Software, and, to the extent practicable, shall use commercially reasonable efforts to provide Users with notification of the same.
Data regarding the User and protection of rights. As the User, you hereby authorize Owner/Provider to transfer, process and store data enabling Owner/Provider to identify you. You hereby agree to the Owner/Provider using its own means to check whether you are using the Software/Site in accordance with the provisions of the Terms and Condition, the End-User Agreement and other Site Rules. You hereby issue your agreement to data being transferred, during communication between the Software/Site and Owner's/Provider's computer systems or those of its business partners, the purpose of which is to ensure functionality of and authorization to use the Software/Site and protection of Owner's/Provider's rights. Following your registration on the Site, Owner/Provider or any of its business partners shall be entitled to transfer, process and store essential data identifying you, for billing purposes and performance of the End-User Agreement, Terms and Conditions and other Site Rules.
Processing of personal data by us and/or our Affiliates, which is subject to General Data Protection Regulation, on behalf/instructions of our clients for the purposes of performance of the Services by us under these Terms and Conditions must be additionally agreed by MediaGust and its clients/customers in writing (Data Processing Agreement which shall be incorporated by reference into and made an integral part of these Terms and Conditions).
ADDITIONAL AND GENERAL LEGAL PROVISIONS
The contents of the Site/Software, such as text, graphics, images, trademarks, service marks, logos and other material, (collectively "Content"), are protected by copyright and other intellectual property laws, and are owned by the Owner. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, create derivative works or otherwise use or exploit the Content in any way for any public or commercial purpose. The use of the Content on any otherweb site or in a networked computer environment for any purpose is prohibited.
The Content may contain inaccuracies or typographical errors. Owner (including Provider and other Owner's licensees) makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Software. The use of the Site, Services, the Software and the Content is at your own risk. Changes are periodically made to the Site / the Software and may be made at any time.
OWNER (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) DOES NOT WARRANT THAT THE SITE/SERVICES AND/OR THE SOFTWARE WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE, THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. OWNER (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) DOES NOT WARRANT AND DOES NOT GUARANTEE THE ABSENCE OF ERRORS AND FAILURES IN THE OPERATION OF THE SITE AND/OR SOFTWARE, INCLUDING THE CORRECTNESS OF WORK OF THE SOFTWARE AND AVAILABILITY OF THE SYSTEM. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OWNER (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE, SOFTWARE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OWNER (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES.
Limitation of Liability
IN NO EVENT SHALL OWNER (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE SOFTWARE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF OWNER (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) TO YOU FOR ALL CLAIMS ARISING FROM THE SITE, THE SOFTWARE AND THE CONTENT IS LIMITED TO SIX MONTHLY FEES FOR THE CHOSEN SUBSCRIPTION PLAN.
You agree to defend, indemnify, and hold harmless Owner, Provider and/or other Owner's licensees, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, Services, the Software or the Content or your breach of these Terms and Conditions. Owner/Provider shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
All information and data uploaded by the User or retrieved, processed by the Software on behalf of the User shall remain the property of the User. User's shall have a right to download, retrieve, copy, duplicate any of his data as stored on the Site or in/by the Software.
Owner/Provider has the right to use the trademark (service mark) or the User's logo, as well as its name by posting on the Owner's service and in promotional materials during the term of the End-User Agreement and for a period of three (3) years after the termination of the End-User Agreement.
Links to Other Sites
The Site may contain links to third party websites. Owner is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party website, you do so at your own risk.
These Terms and Conditions are governed by the laws of the republic of India, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. In the event of a legal dispute, it will be resolved according to dispute resolution procedures as provided in the End-User Agreement.