Terms & Conditions
- Welcome to .ooo. To avail the services offered at .ooo or by any of its affiliates, you must agree to the following terms and conditions.
- Infibeam Avenues owns and operates .ooo platform implementation. .ooo ("we", "us" or "our") respects the privacy rights of users and recognize the importance of protecting and handling information collected about you in accordance with both the law and best practice.
- Please read the terms and conditions carefully. While using any current or future services offered by .ooo or any of its affiliates, whether or not included in the INFIBEAM.OOO website, you will abide by these Terms & conditions the guidelines and conditions applicable to such service of business.
Welcome to Infibeam AdServer!
Thanks for your interest in our advertising services (the "Services")!
By using our Services, you agree to these Terms of Service, which include but are not limited to the Content Policies, the Webmaster Quality Guidelines, the Ad Implementation Policies, and (2)the Infibeam Branding Guidelines (collectively, the "Adserver Terms"). If ever in conflict, these Terms of Service will take precedence over any other terms in the policies and guidelines enumerated in number (2) above. Please read these Terms of Service and the rest of the AdServer Terms carefully.
As used in these Terms of Service, "you" or "publisher" means the individual or entity using the Services (and/or any individual, agent, employee, representative, network, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf), at your direction, under your control, or under the direction or control of the same individual or entity who controls you). "We," "us" or "Infibeam" means Infibeam Avenues Limited., and the "parties" means you and Infibeam.
Access to the Services; Infibeam AdServer Accounts
Your use of the Services is subject to your creation and our approval of an AdServer Account (an "Account"). We have the right to refuse or limit your access to the Services. In order to verify your Account, from time-to-time we may ask for additional information from you, including, but not limited to, verification of your name, address, and other identifying information. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account. If you (including those under your direction or control) create multiple Accounts, you will not be entitled to further payment from Infibeam, and your Accounts will be subject to termination, pursuant to the provisions below.
By enrolling in AdServer, you permit Infibeam to serve, as applicable, (i) advertisements and other content ("Ads"), (ii) related search queries and other links to your websites, mobile applications, media players, mobile content, and/or other properties approved by Infibeam (each individually a "Property"). In addition, you grant Infibeam the right to access, index and cache the Properties, or any portion thereof, including by automated means. Infibeam may refuse to provide the Services to any Property.
Using our Services
You may use our Services only as permitted by this the AdServer Terms and any applicable laws. Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
Changes to our Services; Changes to the AdServer Terms
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.
We may modify the AdServer Terms at any time. We'll post any modifications to the AdServer Terms on this page and any modifications to the AdServer Policies or the Infibeam Branding Guidelines on their respective pages. Changes will generally become effective 30 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don't agree to any modified terms in the AdServer Terms, you'll have to stop using the affected Services.
Subject to this Section and Section 6 of these Terms of Service, you can redeem your balance into your Infibeam Wallet related to the number of valid Impressions on Ads displayed on your Properties, the number of valid impressions of Ads displayed on your Properties, or other valid events performed in connection with the display of Ads on your Properties, only if and when Infibeam determines that your Properties have remained in compliance with the AdServer Terms (including all AdServer Policies as identified in Section 1 above) for the entirety of the period for which points earned and through to the date that the points redemmed to Infiebam Wallet.
If your Account is in good standing through to the time when Infibeam issues points to your account, we will allow to redeem your points to Infibeam wallet to you by the time points balance reflected in your Account equals or exceeds the applicable payment threshold. If Infibeam is investigating your compliance with the AdServer Terms or you have been suspended or terminated, your payment may be delayed or withheld. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account.
Payments will be calculated solely based on Infibeam's accounting. You acknowledge and agree that you are only entitled to payment for your use of the Services for which Infibeam has been paid; if, for any reason, Infibeam does not receive payment from an advertiser or credits such payment back to an advertiser, you are not entitled to be paid for any associated use of the Services. Additionally, if an advertiser whose Ads are displayed on any Property defaults on payment to Infibeam, we may withhold payment or charge back your Account.
Additionally, Infibeam may refund or credit advertisers for some or all of the advertiser payments associated with a publisher's Account. You acknowledge and agree that, whenever Infibeam issues such refunds or credits, you will not be entitled to receive any payment for any associated use of the Services.
Termination, Suspension, and Entitlement to Further Payment
Infibeam may at any time, without providing a warning or prior notice, temporarily suspend further payments on your Account, suspend or terminate the participation of any Property in the Services, or suspend or terminate your Account because of, among other reasons, invalid activity or your failure to otherwise fully comply with the AdServer Policies. Infibeam can terminate your participation in the Services, and close your Account, if your Account remains inactive for a period of 6 or more consecutive months. If Infibeam closes your Account due to inactivity, and the balance reflected in your Account equals or exceeds the applicable threshold, we will pay you that balance, subject to our payment provisions in Section 5. If Infibeam closes your Account due to inactivity, you will not be prevented from submitting a new application to use the Services.
If Infibeam terminates your Account due to your breach of the AdServer Terms, including, but not limited to, your causing or failing to prevent invalid activity on any Property, or your failure to otherwise fully comply with the AdServer Policies, you will not be entitled to any further payment from Infibeam for any prior use of the Services. If you breach the AdServer Terms or Infibeam suspends or terminates your Account, you (i) are prohibited from creating a new Account, and (ii) may not be permitted to monetize content on other Infibeam products. If you dispute any payment made or withheld relating to your use of the Services, or, if Infibeam terminates your Account and you dispute your termination, you must notify Infibeam within 30 days of any such payment, non-payment, or termination by submitting an appeal . If you do not, any claim related to the disputed payment or your termination is waived.
You may terminate your use of the Services at any time by completing the account cancellation process. Your Infibeam Account will be considered terminated within 10 business days of Infibeam's receipt of your notice. If you terminate your Account and the balance reflected in your Account equals or exceeds the applicable threshold, we will pay you that balance, subject to the payment provisions in Section 5, within approximately 90 days after the end of the calendar month in which you terminated your use of the Services. Any balance reflected in your Account below the applicable threshold will remain unpaid.
As between you and Infibeam, Infibeam is responsible for all taxes (if any) associated with the transactions between Infibeam and advertisers in connection with Ads displayed on the Properties. You are responsible for all taxes (if any) associated with the Services, other than taxes based on Infibeam's net income. All payments to you from Infibeam in relation to the Services will be treated as inclusive of tax (if applicable) and will not be adjusted. If Infibeam is obligated to withhold any taxes from its payments to you, Infibeam will notify you of this and will make the payments net of the withheld amounts. Infibeam will provide you with original or certified copies of tax payments (or other sufficient evidence of tax payments) if any of these payments are made by Infibeam.
Changes to these Terms
We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the website. Any changes will be effective upon posting the revised version of these Terms (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, we will notify you via the Service and/or by email to the email address associated with your account. Notice of other changes may be provided via www. .ooo (the “Site”). Therefore, we encourage you to check the date of these Terms whenever you visit the Site to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don't agree to any of the changes, we're not obligated to keep providing the Service, and you must cancel and stop using the Service.
Acceess to the service
You may use the Service, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws.
Consent to Electronic Communications and SolicitationBy registering with .ooo, you understand that we may send you communications or data regarding the Services, including but not limited to: (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and (c) promotional information and materials extended by our partners, via electronic mail.
We don't claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don't control, verify, or endorse the Content that you and others make available on the platform or your personal domains or digital id’s provided by us. We provide functions that allow you to publish content on your website. If you publish the Content on your public website, anyone you've shared Content with (including the general public, in certain circumstances) may have access to your Content.
You hereby grant .ooo the right to transmit, use and disclose Content posted on the Service solely to the extent necessary to provide the Service, as otherwise permitted by these Terms, or to comply with any request of a governmental or regulatory body (including subpoenas or court orders), as otherwise required by law, or to respond to an emergency which we believes in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
You represent and warrant that: (a) you have all the rights in the Content that you upload on your domain or share it via email etc and necessary for you to use the services and to grant the rights in this Section; and (b) the storage, use or transmission of the Content doesn't violate any law or these Terms.
You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person's rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorized access. .ooo will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content. Further .ooo will also have no liability for any content that you upload on your personal domain.
You must immediately notify us in writing of any unauthorized use of: (a) any Content (b) any account; or (c) the Service that comes to your attention. In the event of any such unauthorized use by any third party that obtained unauthorized access through you, you will take all steps necessary to terminate such unauthorized use. You will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request.
Suspension and Termination of use of the Service
We reserve the right, to temporarily or permanently suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, with or without notice, and without incurring liability of any kind. You acknowledge that if your access to the Service is suspended or terminated by us, you may no longer have access to the Content that is stored with us.
You must not use our Service to harm others or the Service of .ooo. For example, you must not use the Service to harm, threaten, or harass another person, organization, or Indent and/or to build a similar service or website. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service to access or use the Service. In addition, you promise that you will not and will not encourage or assist any third party to:
- modify, alter, tamper with, repair or otherwise create derivative works of any Software;
- sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
- remove, obscure or alter any proprietary rights notice pertaining to the Service;
- use the Service in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Service could lead to death, personal injury, or physical property or environmental damage;
- use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
- interfere with or disrupt servers or networks used by .ooo to provide the Service or used by other users' to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of any Software or the Service;
- cause, in our sole discretion, inordinate burden on the Service or our system resources or capacity; or
- share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service.
Updates to the Service
We reserve the right, in our sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
Third Party Services and Content
All offers, correspondence and transactions using our services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole; you acknowledge that we are not responsible for such content or services. We may also provide some content to you as part of the Services. However, we are not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
Our Proprietary Rights
As between .ooo and you, .ooo or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by us.
We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms.
Username and Password Information
You are responsible for:
- maintaining the confidentiality of your username and password,
- any and all transactions by persons that you give access to or that otherwise use such username or password, and
- any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge.
Termination of Service
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time. Upon termination, we have the right to prohibit your access to the Service, including without limitation by deactivating your username and password, and to refuse future access to the Service by you (or your relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors).
No Endorsement of Products
.ooo does not represent or endorse, and shall not be responsible for:
- the safety, quality, accuracy, reliability, integrity or legality of any Product or Service provided as an offer, the truth or accuracy of the description or of any advice, opinion, offer, proposal, statement, data or other information (collectively, "Content") displayed or distributed, purchased or paid through the .ooo website.
- .ooo hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. .ooo reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in .ooo sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Terms of Service.
We may charge a fee to use the Service at any time. You may be provided with financial instruments including Wallets, Payment Gateways or Vouchers from .ooo and/ or third party service providers. You should consult the terms and conditions governing such financial instruments to ensure compliance.
India PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, India MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
To the extent permitted by law, You will defend US against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you, or your use of the Service, in breach of these Terms: (a) infringes a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of our actions); or (b) violates applicable law or these Terms. We will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
Disclaimer of warranties and Limitation of Liability
THIS SITE IS PROVIDED BY INFIBEAM.OOO ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFIBEAM.OOO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, India DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. India DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM India ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. India WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Governing Law and Jurisdiction
These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at India, shall have jurisdiction, to the exclusion of all other courts.
We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Service.
Severability; Entire Agreement
These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.
Assignment and transfer
We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.
Independent Contractors; No third-party beneficiaries
We and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.
By agreeing to this Terms of Service for Buyers, you represent that you are:
- 18 years old with residency in the India.
- capable of entering into a legally binding agreement both with .ooo and third party service providers.