Welcome to Eywa Media! Thank you for choosing Eywa Media services for your online advertising needs.
This document Terms and Conditions ("T&Cs") is a binding legal agreement between Eywa Media Inc. ("Eywa Media") and the party using the Service as a Advertiser ("Advertiser", means a customer or advertising agency which create the advertising material to display on the publisher's sites).
By using our services, you are agreeing to these terms. If you are not agreeing with any of these terms, please do not use the services.
This contract shall start on the date on which you ("Client", "you", or "your") accept these conditions upon your registration with Eywa Media and shall remain in full force and effect unless and until terminated by either party. By choosing to use our services for you or entering in to this agreement on behalf of a company or other legal entity (as an advertising agency on behalf of a client), you are agreeing to the following terms. You warrant Eywa Media that: You have the full power, authority and legal capacity to enter in to this agreement on behalf of such corporation or other entity. Since these terms impose certain legal obligations on you, it is important that you read them carefully.
2. Definition of Services and Services Disclaimer
2.1 "Services", as used in this agreement, includes all services that Eywa Media makes available to you ("Client", "you", or "your"), including but not limited to the Eywa Media's Programmatic Ad Exchange Platform, Eywa Media support and Eywa Media Materials (by download or any other method notified to you). Eywa Media grants the following limited, revocable, non-exclusive, non-assignable right to use Eywa Media's Programmatic Ad Exchange Platform(ADTARBO) for advertisers.
2.2 Acknowledge and agree that it is your responsibility to ensure that you have appropriate protection for your computers, software, data and applications including any systems that you use to access the Services or any Eywa Media materials. Eywa Media is not responsible for any computer viruses, worms, software bombs, bugs or similar items that affect your computers, computer systems, software, infrastructure or data as a result of your access of the services or use of the Eywa Media Materials.
2.3 Acknowledge and agree that nothing in this contract guarantees that the services and materials provided by Eywa Media will be free from interruption or errors, there will be periods when the services and materials are unavailable and cannot be accessed. This may be the result of: (i) periodic maintenance or repairs; (ii) equipment malfunctions; (iii) network attacks or other hostile actions; or, (iv) other reasons beyond Eywa Media control. Eywa Media shall not be liable for any loss or damage you may suffer as a result of any service or material being unavailable at any time.
2.4 Limitation of liability. You specifically acknowledge and agree that neither Eywa Media, nor its affiliates companies, nor any of their respective directors, officers, employees, consultants or agents, will be liable for any defamatory, offensive or illegal conduct of any user, including you.
3. Limitation on rights
3.1 Eywa Media does not grant you any express or implied right or license (such as any right or license under any patents, trademarks, copyrights or other proprietary or intellectual property rights) except as set forth in this Agreement. Advertiser agrees not to use or authorize use of the System for any purpose not specified in this Agreement. Eywa Media (or its affiliated companies or licensors, as the case may be) retains all rights in and to the services, including any enhancements.
3.2 Eywa Media may make changes to the Service (including discontinuation of all or part of the Service) at any time. In the event of a material change you shall comply with all reasonable instruction, conditions and security requirements in respect thereof as shall from time to time be notified in writing to you by Eywa Media or updated in Eywa Media website. You will have no right to use, perform, display, reproduce and distribute Eywa Media Materials for any other purpose.
4. Use Restriction
You are prohibited from using the service in any manner not clearly permitted under this agreement. The below list is for illustrative purpose only and is not a complete list of prohibited activities. If you have any doubt whether your intended use of the service is prohibited under this agreement, contact Eywa Media. Only written confirmation signed by authorized person from Eywa Media is acceptable.
5. Registration and Account set up
5.1 Confirmation of information: by entering into a contract with Eywa Media you authorize Eywa Media or a third party representative to make any enquires it considers necessary to validate either your identity or any of the information that you have provided; and conduct credit and/or background searches on you and your corporation. You may be required to provide further information, take steps to confirm ownership of an email address, or provide copies of identifying documents per operation of the Services (such as a denial-of-service attack).
5.2 Updating information: You must ensure that all information that you provide to Eywa Media is true, accurate, complete and current. If any of the information is, or becomes, incorrect, you must immediately provide Eywa Media with correct information.
5.3 Account setup: Setting up an account with Eywa Media is free of charge. You will choose login credentials including password for your account and are responsible for all activites that occur through account or with credentials. You will solely responsible for any unauthorized usage. You will use reasonable measures(use strong password - mixed upper and lower case letters, numbers and symbols) to secure your account credentials and must promptly notify Eywa Media of any breach of security, misuse or unauthorized use of your account or credentials. You should regularly log in to your account and review the details of your spending to ensure that there has not been an unauthorized transaction or other error.
5.4 Account responsibility: You are responsible for ensuring the accuracy of all information you provide in accessing the Services such as entering bid prices, bid criteria, destination URLs. You are responsible for campaign launch after all delivery filters are set and campaign modification made using adjust the budget, suspend or stop a campaign.
5.5 Please note that if your account is inactive for a six-month period (i.e. you have not signed into your account, you have not added more funds or not run any advertising campaign then Eywa Media may put your account on hold until you request them to activate again.
6. Ad Eligibility Requirements.
Due to nature of Eywa Media business, some or all of the below requirements may change over time, you must review each on a regular basis. All ads that you upload to the Eywa Media ADTARBO Programmatic Ad Exchange Platform must comply with below requirements. Eywa Media will notify you of update in any of below requirements by either emailing you (to the email address you have provided) or updated in Eywa Media website from time to time. Your continued use of the Services after such notification affirms your acceptance;
7. Ad Quality
All the advertisers must need to go through Eywa Media creative validation process to approve each creative (advertisement). Eywa Media creative validation process ensures that all creative as well as landing page validated by a person; someone physically check that the creative is compliant to all ad eligibility requirement mention in section 6 and it is safe to run. Once an ad creative has cleared the validation process and is in running mode advertiser cannot change or edit creative; advertiser only delete creative and create new creative, which need to go through validation process again.
To increase the likelihood that your ad will be approved, you should ensure that your ad fits within the size parameters specified and complies with all of the applicable submission requirements, does not contain any malicious or prohibited content (Auto redirect, offensive content, deceptive ad, Gambling, Adult, Dating, Alcohol/Tobacco) and comply with IAB policy.
8. Ad Responsibility
8.1 You are solely responsible for all ads that you create, upload or traffic using the Services. Eywa Media is not liable for any loss or damage that your ads may cause to you or others. You represent to Eywa Media that you have all rights and permissions necessary to traffic your ads using the Services. If any damage was caused by your ads to a third party partner, Eywa Media reserves the right to pass your contact details to affected party.
8.2 Eywa Media may periodically review live ads to ensure on-going compliance with submission requirements, even if an ad has already been approved. Eywa Media reserves the right to remove any ad that it believes is non-compliant with its ad eligibility requirements, or for any other reason. In addition to removing an ad, Eywa Media may also suspend and/or delete your account.
By bidding on ad inventory through the Eywa Media ADTARBO Programmatic Ad Exchange Platform, you are making a programmatic offer to purchase such ad inventory. If your offer is accepted means you have purchased such inventory. Purchases are non-cancellable. Ad inventory purchases are calculated using Eywa Media statistics and data. If these differ from any other statistics or data, Eywa Media measurements will prevail.
10. Payment Methods
10.1 Eywa Media accepts wire transfer and PayPal as payment methods.
10.2 All monetary amounts related to the Services are in U.S. dollars. If you send monetary amounts other than U.S. dollars, they will be exchanged at the rate available to Eywa Media at the time of such exchange officially published by ...
10.3 You are responsible for confirming the accuracy of all information that you provide for each payment (such as contact information, payment amounts and wire information, as applicable).
10.4 Eywa Media uses third-party providers to process payments. As such, Eywa Media is unable to make any guarantees as to how long it will take to post funds to your account. If you send a wire transfer or use PayPal, the processing and posting of funds to your account may take a few days.
You are responsible for all duties, tariffs and taxes related to your use of the Services, except for taxes on income paid or payable by Eywa Media.
You can delete your account at any time by providing Eywa Media with written notice that you wish to do so. Eywa Media will refund the unused balance in your account (if any), minus an administrative fee of 20%, within 30 days. Eywa Media will only send refunds to the source from which payment was made. Eywa Media shall not provide refund to the advertisers who entered malware, malicious advertising materials or any kind of prohibited content (Auto redirect, Offensive Content, Deceptive Ad, Gambling, Adult, Dating, Alcohol/Tobacco) to Eywa Media Programmatic Ad Exchange Platform. In this case, Eywa Media reserves the right to suspend user's account immediately.
You hereby agree to defend, indemnify and hold Eywa Media, and its affiliated companies, and each of their respective directors, officers, employees, consultants and agents harmless from any losses, damages, or costs arising from your use of the Services, or your breach of this agreement. This includes, but is not limited to, any losses, damages, or costs resulting from claims that your ads infringe upon any person's intellectual property or other rights.
14. Intellectual Property
14.1 Ad creative license.
Eywa Media needs the right to use your ad to the extent necessary to provide you with the Services, now and in the future. By using the Services, you grant following a non-exclusive, royalty-free, transferable rights to Eywa Media and its affiliates and subsidiaries and suppliers.
14.2 Eywa Media property.
'Eywa Media', www.eywamedia.com , ADTARBO, www.adtarbo.com, sub domains of www.eywamedia.com and the Eywa Media logo are, trademarks of Eywa Media, its affiliated companies, and/or its licensors; you may not copy, imitate or use any of these without Eywa Media' prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Eywa Media, its affiliated companies, and/or its licensors; you may not copy, imitate, or use any of these without Eywa Media' prior written consent. You acknowledge and agree that all right, title and interest in and to the aforementioned assets, including derivative creations, is the exclusive property of Eywa Media, its affiliated companies, and/or its licensors, and is protected by applicable intellectual property and other laws.
14.3 Identification as customer. You grant Eywa Media and its affiliated company’s permission to identify you as a customer. This includes using your name, trade name and trademark (if applicable), and generally describing your business in their marketing materials and website.
Eywa Media Pte. Ltd.
31 Cantonment Road Singapore 089747
T: +65 6224 4991 F: +65 6227 7994
Eywa Media Innovations Pvt. Ltd.
Poonam Plaza, #2602, 2nd Floor, 26th Main
38th Cross, 9th Block, Jayanagar
Bangalore - 560069.