MAPDOO LOCALAD - ADVERTISER TERMS OF SERVICE
PLEASE READ VERY CAREFULLY THESE TERMS OF SERVICE BEFORE REGISTERING FOR THE MAPDOO ADVERTISER PROGRAM. PARTICIPTION IN THE MAPDOO ADVERTISER PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE MAPDOO ADVERTISER PROGRAM
INTRODUCTION
The agreement ("Agreement") between you (the "Customer") and Mapdoo Sdn Bhd. ("MAPDOO") consists of these Mapdoo Advertiser Program (the "Program") Standard Terms of Service ("TOS"). A description of the Program as generally offered by MAPDOO, is available at this site mapdoo.com or such other URL as MAPDOO may provide from time to time. MAPDOO may update the TOS from time to time without notice to you. You can review the most current version of the TOS at any time at http://mapdoo.com/advertisertos.php. Please note that MAPDOO may also offer other Programs that are governed by different Terms of Service.
PROGRAM PARTICIPATION. Program participation is subject to MAPDOO prior approval and your continued compliance with these Terms of Service, with the Mapdoo Content Policies "Content Policies" located at http://mapdoo.com/contentpolicy.php and other policies that MAPDOO may provide from time to time. MAPDOO reserves the right to refuse to accept you into the Program for any reason. The Customer is solely responsible for all: (a) ad targeting options (collectively "Targets") and all ad content, ad information, and ad URLs (collectively "Creative"), whether generated by or for the Customer; and (b) web sites, services and landing pages which Creative links or directs viewers to, and advertised services and products (collectively "Services"). The Customer understands and agrees that by using this Program, ads may be placed on any content or property provided by a third party ("Partner") upon which MAPDOO places ads ("Partner Property"). The Customer authorizes and consents to all such placements. MAPDOO or Partners may reject or remove any ad or Target for any or no reason.
PROHIBITED USES. Customer shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions; (b) use any automated means or form of scraping or data extraction to access, query or otherwise collect Mapdoo advertising related information from any Program website or Partner Property except as expressly permitted by MAPDOO; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice.
LICENSE GRANT. Customer represents and warrants that it holds and hereby grants MAPDOO and Partners all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in Creative, Services and Targets needed for MAPDOO and Partner to operate Programs (including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display and reformat Creative) in connection with this Agreement .
INDEMNITY. You agree to indemnify, defend and hold harmless MAPDOO, its subsidiaries, affiliates, officers, agents, co-branders and other partners and employees, from any claim or demand, including, without limitation, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Program, your connection to the Program, your violation of the TOS and your violation of any rights of another.
NO RESALE OF PROGRAM. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program, use of the Program or access to the Program.
MODIFICATIONS TO THE PROGRAM. MAPDOO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Program (or any part thereof) with or without notice. You agree that MAPDOO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Program.
TERMINATION; CANCELLATION. Customer may cancel advertising at anytime with by sending written notice to MAPDOO. Refunds will not be provided for cancelled Ads that were already purchased. Cancelled ads that are currently running may continue to be published for up to 10 days from the time we receive notice of your desired to cancel your advertising. MAPDOO may at any time, in its sole discretion, terminate all or part of the Program or terminate this Agreement for any reason without notice.
NO GUARANTEE. MAPDOO makes no guarantee regarding the level of impressions of Ads or clicks on any Ad, the timing of delivery of such impressions and/or clicks or the amount of payment to be made to Customer in connection with the Program.
PAYMENT. Customer shall be responsible for all charges for advertising and shall pay all charges in Malaysian Ringgit or in such other currency as agreed to in writing by the parties. To the fullest extent permitted by law, Customer waives all claims relating to charges unless claimed within 60 days after the charge (this does not affect Customer's credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the discretion of MAPDOO and only in the form of advertising credit.
LINKS. The Program may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MAPDOO has no control over such sites and resources, you acknowledge and agree that MAPDOO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MAPDOO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Programs available on or through any such site or resource.
MAPDOO'S PROPRIETARY RIGHTS. You acknowledge and agree that the Program contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content presented to you through the Program is protected by copyrights, trademarks, Program marks, patents or other proprietary rights and laws. Except as expressly authorized by MAPDOO, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Program, in whole or in part.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAPDOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAPDOO MAKES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS AND/OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PROGRAMS, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE PROGRAM WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAPDOO OR THROUGH OR FROM THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE PROGRAM. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE PROGRAM. IMMEDIATELY DISCONTINUE USE OF THE PROGRAM AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE PROGRAM: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAPDOO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAPDOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PROGRAMS RESULTING FROM ANY GOODS, DATA, INFORMATION OR PROGRAMS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
CONFIDENTIALITY. You agree not to disclose MAPDOO Confidential Information without MAPDOO's prior written consent. "MAPDOO Confidential Information" includes without limitation: (i) all MAPDOO software, technology, programming, technical specifications, materials, guidelines and documentation you learn, develop or obtain that relate to the Program; (ii) click-through rates or other statistics relating to Ad performance in the Program provided to you by MAPDOO; and (iii) any other information designated in writing by MAPDOO as "confidential" or any designation to the same effect. "MAPDOO Confidential Information" does not include information that has become publicly known through no breach by you or MAPDOO, or information that has been (a) independently developed without access to MAPDOO Confidential Information as evidenced in writing; (b) rightfully received by you from a third party; or (c) required to be disclosed by law or by a governmental authority.
NO THIRD PARTY BENEFICIARIES. You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
NOTICE. MAPDOO may provide you with notices, including those regarding changes to the TOS, by either e-mail, regular mail or postings on the PROGRAM.
PROPRIETARY INFORMATION. The MAPDOO logo and product and PROGRAM names are the property of MAPDOO Sdn Bhd. (the "MAPDOO Marks"). Without MAPDOO's prior permission, you agree not to display or use the MAPDOO Marks in any manner.
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and MAPDOO governing your use of this Program. You also may be subject to additional terms and conditions and agreements if you become a member of the Program.
Waiver and Severability of Terms. The failure of MAPDOO to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Program or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
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