Advertiser Terms and Conditions
PLEASE READ THIS SUBSCRIBER/ Advertiser AGREEMENT ("AGREEMENT") BEFORE USING THE SERVICES OFFERED BY QnAads ("COMPANY"). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The Web pages available at www.QnAads.com, and all linked pages unless indicated otherwise ("Site"), are owned and operated by Company, and are accessed by you ("Advertiser") under the following terms and conditions:
Note: This Terms of use page is for advertisers. The words 'Advertiser' and 'Subscriber' mentioned in this page denotes the same person/ entity, you the Advertiser. These two words may be used interchangably in this page but it denotes the same person/ entity, the advertiser only.
Advertiser must be atleast 21 years old to advertise in this site.
QNAADS.com is in Alpha stage
Please note that the website Qnaads.com is in alpha stage. There may be a lot of errors and issues with the website till we drop the Beta tag. We will move to beta stage after some time from Alpha stage and shed the beta tag after that. You agree to cooperate with us until we shed these tags.
Advertisers also must agree to qnaads.com's 'Fund refund Policy', "Ad Policy', and 'Ad Editorial Policies and Guidelines' apart from this Terms and Conditions to use qnaads.com. Advertisements submitted must conform to 'Ad Policy' given in the site. Advertiser is responsible for the Content posted as advertisement. Company is in no way responsible for illegal or inappropriate content/advertisement even though approved by administrator of Qnaads.com. Advertiser is responsible for ANY NEGATIVE consequences arising out of advertisements posted by advertiser eventhough adverisement may be approved by administrator of qnaads.com.
ACCESS TO THE SERVICES.
Subject to the terms and conditions of this Agreement, Company may offer to provide certain services where advertisers advertise on the site and users answer those advertisements described more fully on the Site, and which are selected by Advertiser through the process provided on the Site ("Services").
Company may change, suspend or discontinue the Services (or Advertiser's access thereto) at any time, including the availability of any feature or content, without notice or liability. Company reserves the right, at its discretion, to refuse to allow access to the Services to any applicant at any time. Company also reserves the right, at its discretion, to modify this Agreement at any time. Company may post a notice on the Site for that, or send the Advertiser a notice via email or postal mail or may do none of the above but simply modify the Terms. The Advertiser must read the terms regularly to get updated on these Terms. Use of the Services by Advertiser following such notification constitutes Advertiser's acceptance of the modified terms and conditions. Advertiser certifies to Company that if Advertiser is an individual (i.e., not a corporation) Advertiser is at least 18 years of age. Advertiser also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
IMPLEMENTATION
Advertiser agrees to comply with the technical specifications provided by Company to enable proper display of the advertisements in connection with the Services.
COMMUNICATIONS SOLELY WITH COMPANY
Advertiser agrees to direct to Company and not to any advertiser or member, as the case may be, all communications regarding any matter arising out of advertiser's use of the Services.
CONTENT
The Site and its contents are protected by Indian and international copyright laws and are intended solely for the use of Company Advertisers and may only be used in accordance with the terms of this Agreement in connection with authorized use of the Services. All materials displayed or performed on or accessible through the Site or Services (including, but not limited to text, graphics, articles, photographs, images, illustrations, also known as the "Content") are protected by copyright. The term "Content" as used herein specifically includes any advertising or other content made available or submitted by any advertiser. Advertiser shall abide by all copyright notices, information, and restrictions contained in any Content accessed in connection with the Services. Advertiser acknowledges and agrees that if Advertiser uses any of the Services to contribute or make available Content, Company is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so in connection with the Services and the Site.
RESTRICTIONS
Subscriber / advertiser warrants, represents and agrees that it will not contribute, submit or make available through the Services, or use the Services in connection with, any Content that is infringing, libelous, defamatory, obscene, abusive, offensive or otherwise violates any law or right of any third party.
---------------------------------------------------------------------------------------------------------
DISCLAIMERS
Advertiser acknowledges and agrees that Company has no special relationship with or fiduciary duty to Advertiser and that Company has no control over, and no duty to take any action regarding:
which users gains access to the Site or Services;
what Content Advertiser accesses or receives via the Site or Services;
what Content other advertiser/User may make available, publish or promote in connection with the Services;
what effects any Content may have on Advertiser or its users or customers;
how Advertiser or its users or customers may interpret, view or use the Content; what actions Advertiser or its users or customers may take as a result of having been exposed to the Content, or whether Content is being displayed properly in connection with the Services.
---------------------------------------------------------------------------------------------------------
Further, advertiser, specifically acknowledges and agrees that Company has no control over (and is merely a passive conduit with respect to) any Content that may be submitted or published by any advertiser to users, and that Advertiser is solely responsible (and assumes all liability and risk) for submitting unsuitable content.
---------------------------------------------------------------------------------------------------------
Advertiser releases Company from all liability in any way relating to Advertiser's acquisition (or failure to acquire), provision, use or other activity with respect to Content in connection with the Site or Services. The Site may contain, or direct Advertiser to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Site or Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services. Company makes no guarantee regarding the level of impressions of or clicks on any advertisement, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to advertiser in connection with the Services.
---------------------------------------------------------------------------------------------------------
THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY ADVERTISING CAMPAIGN, AND ADVERTISER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ADVERTISER.
NOTE: COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with Advertiser's use of the Services.
PRIVACY POLICIES
Please also review Company's Privacy Policy for information regarding Company's policies and practices regarding the use of Advertiser personal information.
REGISTRATION AND SECURITY
As a condition to using Services, Advertiser may be required to register with Company and select a password and Advertiser name ("Company User ID"). Advertiser shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Advertiser's account. Advertiser may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; (ii) use as a Company User ID a name subject to any rights of a person other than Advertiser without appropriate authorization; (iii) register for the Services using more than one Company User ID. Company reserves the right to refuse registration of, or cancel a Company User ID in its discretion. Advertiser shall be responsible for maintaining the confidentiality of Advertiser's password.
---------------------------------------------------------------------------------------------------------
INDEMNITY
Advertiser will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber's access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
---------------------------------------------------------------------------------------------------------
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I)
FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY ADVERTISER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO ADVERTISER.
To the maximum extent allowed by applicable law, neither QnAads nor any of its parents, members, subsidiaries, service providers, licensors, officers, directors, owners or employees shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this agreement, resulting from the use or the inability to use the service or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if such party has been advised of the possibility of such damages. Without limiting the foregoing, everything on the site is provided to you "as is" without warranty of any kind, either expressed or implied including, but not limited to, the implied warranties of services, merchantability, fitness for a particular purpose, or non-infringement. QnAads disclaims all liability, regardless of the form of action, for the act of other members, or users including unauthorized users, or hackers of the service.
---------------------------------------------------------------------------------------------------------
FEES AND PAYMENT
Advertisers are required to pay fees. Advertiser shall pay all applicable fees, as described on the Site in connection with such Services. Company reserves the right to change its price list and to institute new charges at any time, which will be posted on the Site.
QnAads have the sole discretion in deducting any transaction charges (PayPal, Check, etc.,) when returning the available funds upon request from the advertiser. QnAads will not hold reposible for any false requests of fund claims from the authorised PayPal Id. It is the resposibility of the advertiser to protect their PayPal Id and its password. The requested fund will be transferred to the advertiser's PayPal Id within few business days.
QNaads.com takes a commission on the amount which is given by Advertiser to Qnaads and the rest of the amount is given to Users/ Members who answer the ad. The Commission is dynamic and may change on an ad-by-ad basis.
Fund Refund Policy
When Advertisers want refund of funds which was added to their Qnaads.com account, not 100% of the amount in their account will be refunded. The funds refunded will be 75% of the funds which is present in the account of the Advertiser after any spend, if any on Advertising in Qnaads.com. The fund refund process is not automatic. The Advertiser must send a request to the administrator by email and the fund refund will be done through paypal only. The refund fund will be sent only to the email address registered with qnaads.com.
CONFIDENTIALITY
Advertiser agrees not to disclose Company Confidential Information without Company's prior written consent. "Company Confidential Information" includes without limitation: (i) all Company software, technology, programming, technical specifications, materials, guidelines and documentation Advertiser learns, develops or obtains that relate to the Services or the Site; (ii)statistics relating to Site performance in the Services provided to Advertiser by Company; and (iii) any other information designated in writing by Company as "confidential" or any designation to the same effect. "Company Confidential Information" does not include information that has become publicly known through no breach by Advertiser or Company, or information that has been (a) independently developed without access to Company Confidential Information as evidenced in writing; (b)rightfully received by Advertiser from a third party; or (c) required to be disclosed by law or by a governmental authority.
INFORMATION RIGHTS
Company may retain and use for its own purposes all information Advertiser provides,including but not limited to Site demographics and contact and billing information. Advertiser agrees that Company may transfer and disclose to third parties personally identifiable information about Advertiser for the purpose of approving and enabling Advertiser's participation in the Services, including to third parties that reside in jurisdictions with less restrictive data laws than Advertiser's own jurisdiction. Company disclaims all responsibility, and will not be liable to Advertiser, however, for any disclosure of that information by any such third party. Company may share aggregate (i.e., not personally identifiable) information about Advertiser with sponsors, and other third parties.
TERMINATION
Either party may terminate the Services at any time by notifying the other party by any means. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Advertiser breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non-cancelable. Upon termination of the Advertiser's account, Advertiser's right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, and limitations of liability.
Note:COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE OR THROUGH ANY USE OF THE SERVICES.
REPRESENTATIONS AND WARRANTIES
Advertiser represents and warrants that (i) Advertiser is the owner of each website Advertiser designates in connection with the use of Advertiser or that Advertiser is legally authorized to act on behalf of the owner of such website for the purposes of this Agreement, and (ii) Advertiser has all necessary right, power and authority to enter into this Agreement and to perform the acts required of Advertiser hereunder. Advertiser further represents and warrants that each of Advertiser's websites and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (c) are not hate-related in content.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. QnAads and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
QnAads and its owners, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service or partners will meet your expectations; and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and 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 QnAads or through or from the service shall create any warranty not expressly stated in the terms of use.
MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Advertiser except with Company's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Tamil Nadu, India without regard to the conflict of laws provisions thereof. You and QnAads agree to submit to the personal and exclusive jurisdiction of the courts located within Namakkal, Tamilnadu, India. Advertiser must agree that any dispute between Advertiser and Qnaads.com should be settled only in courts located within Namakkal, in the state of Tamil Nadu, India. You and QnAads agree to submit to the personal and exclusive jurisdiction of the courts located within Namakkal, Tamilnadu, India.
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Advertiser does not have any authority of any kind to bind Company in any respect whatsoever.
