Welcome to MarkMyAd.com

Introduction

This is the official site ("Site") of Matus Business ventures private ltd a company duly incorporated under the laws of India and other sites linking to these Terms of Use, including mobile versions of such sites (collectively, the "Sites" or, individually, a "Site"). This Site is an online marketplace that allows organized interaction with various advertising mediums, including digital (websites, apps), TV, radio, out-of-home (OOH), influencers, print (magazines and newspapers), and intellectual property (movies, events).

Purpose

MarkMyAd can be used by advertisers, brands, agencies, and media owners for identifying and purchasing ad inventory across various mediums. MarkMyAd offers distinct products and services to cater to different advertising needs, including inventory discovery, qualification, collaboration, listening to conversations, benchmarking, monitoring, and rewarding influencers. The Site is thus a marketplace for advertisers, brands, agencies, media owners, and influencers.

Definitions

• "Services":Any services offered on or through the Site, to a guest or a registered user.
• "Content":Any inputs on specific brands/topics by any user, including bloggers, individuals, social media influencers, in various formats.
• "User":Digital marketing companies, brands, individuals, PR agencies, and influencers.
• "Influencer":Persons active in social media platforms with substantial followers, subscribers, and the ability to influence other users.
• "Registered Influencer":Those who have voluntarily provided their personal details to be included in MarkMyAd's database.
• "Unregistered Influencers":Influencers identified by MarkMyAd from various public sources.
• "Personal Information":Any information relating to the user, including name, email, phone number, location, etc.

Eligibility

By using the Services, you represent and warrant that you are above 18 years of age and qualified to enter into a contract. If you are not eligible, please discontinue use of the Services. If you are the parent or guardian of a child under 18, by registering on the Site, you consent to your child’s registration and agree to be bound by these Terms in respect of their use of our Site.

Terms of Use

Please read the following terms and conditions carefully before using the Services. By accessing the Site, you agree to be bound by all of the terms and conditions contained in this Agreement. If you are an Influencer, specific terms applicable to you are provided separately. Please read and agree to those terms as well before using this Site. If you do not agree to these terms and conditions, you may not use the Services. You understand and agree that the operation of the Services may involve unencrypted transmissions over various networks and changes to adapt to technical requirements. MarkMyAd has taken reasonable security measures but does not guarantee against unauthorized access or loss of content. This Site is intended primarily for Indian customers. If you are from another country, be aware that MarkMyAd may not comply with your country's laws. The Site may contain links to other websites with their own terms and conditions. MarkMyAd is not responsible for the content of external sites. By using the Site, you agree to the use of cookies for monitoring visitor traffic. MarkMyAd reserves the right to use your name and/or business name for marketing purposes and may require you to display the MarkMyAd logo on your website.

Subscription

Your subscription may start with a trial version, which lasts for a specified period.Free trial eligibility is determined by MarkMyAd at its sole discretion. We reserve the right to revoke the free trial if abuse is detected.You can upgrade your account at any time by choosing a paid plan or contacting our product specialist for a customized plan.Payment of subscription fee grants access to MarkMyAd's database of influencers. No other rights are assumed or granted.Failure to pay renewal fees may result in denial of access.When providing information to the Site, it must be accurate and complete. MarkMyAd assumes provided information is accurate but reserves the right to refuse access if details are incorrect or incomplete.Subscription and use of services are voluntary. By enrolling, you authorize MarkMyAd to retain shared information for using the services and marketing campaigns.

Your Account

• You may only create and hold one Account/Profile ("Account") on MarkMyAd, with each Account having a single associated Subscription. Selling, trading, or transferring accounts to another party is prohibited.
• You are solely responsible for all uses of your Account and associated Subscription. Keep your Account and/or Subscription passwords and usernames confidential and do not disclose them to others.
• By using the site, you agree to maintain the confidentiality of your account/profile and/or password and to accept responsibility for all activities that occur under your account or password.
• Certain services are available upon upgrading your account and providing personal information. Your personal information is subject to our privacy policy, and by providing it, you consent to receive related communications and instructions for availing special offers and promotional benefits.
• You authorize MarkMyAd and/or authorized third parties to retain shared information for using the Site, services, and marketing campaigns. MarkMyAd reserves the right to refuse service, terminate accounts, or edit any Content at its discretion.
• By providing information, including personal information, you consent to communications via email, SMS, phone calls, direct mail, and other means. You may opt-out of receiving such communication at any time.
• You are responsible for all costs and expenses incurred while using the Site. MarkMyAd is not responsible for third-party access to your account due to theft or misappropriation.
• MarkMyAd reserves the right to suspend, disable access, or restrict access to the platform or user content if violations of terms or objectionable conduct are found.
• MarkMyAd and its associates reserve the right to refuse or cancel service, terminate accounts, or edit content. MarkMyAd does not knowingly collect personal information from persons under 18 years of age without parental consent.
• You may cancel your Account or associated Subscription at any time. You are liable for charges incurred until termination, and access will be removed upon cancellation.

Right to Use

• MarkMyAd grants you a non-exclusive, non-transferable, revocable, limited right to use the data contained on the Site for personal and commercial purposes.
• The Site allows you to search, discover, and interact with influencers, track campaigns, create reports, and more. You are responsible for your interactions with influencers and other users.
• You may reach out to influencers through various channels, but interactions are your responsibility. MarkMyAd is not liable for disputes between users or with influencers.
• Your license to use the Site is subject to limitations, conditions, and restrictions established by MarkMyAd. Unauthorized use or violation of terms may result in termination of the license.
• You authorize MarkMyAd and/or authorized third parties to retain shared information for using the Site, services, and marketing campaigns. MarkMyAd reserves the right to refuse service, terminate accounts, or edit any Content at its discretion.
• You permit MarkMyAd and authorized third parties to use and retain your personal information for providing services and marketing campaigns.
• MarkMyAd may alter, suspend, or discontinue any aspect of the Services at any time without notice. You agree that MarkMyAd has no responsibility for the deletion or failure to store any content.
• Your continued use/access of the Site signifies acceptance of any revisions to the Terms. MarkMyAd does not claim ownership of your User Content.
• Changes to the Terms will be effective upon posting. MarkMyAd is not obligated to provide updates or notice of revisions. You grant MarkMyAd the right to assign the Terms to any individual/company/agency of its choice without notice.

Use of Content

• Your right to use the Site and any Content on it is subject to compliance with these Terms. Modifying or using Content for any purpose not permitted by these Terms may violate Copyrights and/or Trademarks laws.
• Your right to use the Site and any Content on it is subject to compliance with these Terms. Modifying or using Content for any purpose not permitted by these Terms may violate Copyrights and/or Trademarks laws.
• MarkMyAd categorizes influencers and users based on logical classification codified into its software. However, inaccuracies may occur in categorization, and MarkMyAd does not assure the accuracy of categorization, classification, and listing.
• MarkMyAd does not guarantee the existence, quality, legality, or truth of Content provided by influencers or users. MarkMyAd does not endorse any particular user or influencer and does not guarantee the accuracy of any description or aspect referred to by them.
• The Site allows access and display of Content for commercial and personal use, but copying, reproduction, or unauthorized use is prohibited unless specifically authorized by MarkMyAd.
• Decompiling, reverse engineering, or reducing software code used on the Site into a readable form is prohibited. Using Content on any other website or networked environment is also prohibited.
• MarkMyAd may alter, suspend, or discontinue any aspect of the Services at any time without notice. You agree that MarkMyAd has no responsibility for the deletion or failure to store any content.
• By using the Site, you may be exposed to offensive or objectionable materials, and you agree to evaluate and bear all associated risks. MarkMyAd does not endorse Content as a substitute for professional advice.
• You assign to MarkMyAd the right to use all data you provide while using the Site. MarkMyAd may modify, adapt, or utilize your Content for various purposes without compensation.

Retention Policy

• MarkMyAd collects data as you use its services, and the Privacy Policy describes what data is collected and why. The retention policy outlines how different types of data are retained for different periods.
• Some data is retained until you choose to remove it, while other data is kept for the life of your MarkMyAd Account if useful for improving services.
• Certain data may be retained for extended periods to comply with legal or regulatory requirements, prevent fraud, ensure service continuity, or maintain financial records.

Links to Third-Party Sites/Services

• The Site may contain links to other websites ("Linked Sites"), but MarkMyAd is not responsible for the contents of any Linked Site. Inclusion of a link does not imply endorsement by MarkMyAd.
• Certain services provided via MarkMyAd.com may be delivered by third-party sites or organizations. MarkMyAd does not guarantee the accuracy or usefulness of any content provided by third parties.
• By using services from the MarkMyAd.com domain, you acknowledge and consent to MarkMyAd sharing information with third parties as necessary to provide requested products or services.

Indemnity

• MarkMyAd provides Content on various brands/topics on an "as is" basis, sourced from bloggers/individuals/social media influencers. MarkMyAd does not endorse any brand/topic and makes no claim of accuracy of user-posted material. Bloggers/individuals/social media influencers are solely responsible for provided Content and must ensure compliance with applicable laws.
• Users are solely responsible for their interactions with other users/influencers through the Site. MarkMyAd reserves the right, but not the obligation, to intercede in disputes. MarkMyAd is not responsible for any liability incurred from such interactions.
• Users indemnify and hold harmless MarkMyAd and its affiliates from any losses, claims, liabilities, damages, costs, or expenses resulting from breach of these Terms or infringement of materials, copyrights, trademarks, or Content, including claims alleging misuse of information, data, and Content available on or from use of the Site.
• MarkMyAd is not responsible for any Content displayed on the Site or any liability arising from its use by third parties. Users are solely responsible for their Content and assume all associated risks.

Intellectual Property Rights

• Materials on the Site, including text, graphics, images, artwork, designs, logos, software, and other content, are protected by copyrights, trademarks, or other proprietary rights owned by or licensed to MarkMyAd. Users do not acquire ownership of any intellectual property rights in the services, Material, Copyrights, or Trademarks by using the services.
• Attempting to modify, copy, distribute, transmit, reproduce, or use any intellectual property contained in the Material or services without authorization may subject users to infringement actions.

User Warranties

• Users warrant that they own or have necessary rights, licenses, consent, and releases to grant MarkMyAd rights in User Content under these Terms. All information provided to MarkMyAd must be accurate, true, current, and complete.
• Users are responsible for all uses of their Subscription, safeguarding their password, and supervising its use. User Content must not infringe on any third party's intellectual property or proprietary rights, or violate any applicable laws.
• MarkMyAd may perform editorial functions on User Content without becoming the author of such content. Users are responsible for monitoring their User Content to ensure accuracy and consistency with their representations, warranties, and agreements in these Terms.

Disclaimer of Warranties

• MarkMyAd does not have any association, business affiliation, or contract with any social media platform, and does not advise or guide users on their communications or transactions with other users, influencers, or third parties. Users use the Service at their own risk.
• The Service is provided on an "as is, with all faults" and "as available" basis, without warranties of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
• MarkMyAd expressly disclaims all warranties regarding the availability, accuracy, or quality of Content or services provided on the Site. MarkMyAd does not guarantee that the Service will meet users' requirements or be uninterrupted, timely, secure, or error-free.
• MarkMyAd does not warrant that the MARKMYAD PLATFORM complies with the laws of any particular country, and users download materials at their own discretion and risk. Users are solely responsible for any damage to their computer system or loss of data resulting from downloading material from the Site.

Limitation of Liability

• To the maximum extent permitted by law, you acknowledge and agree that the entire risk arising from your access to and use of the MarkMyAd Platform, or the relationship between you and MarkMyAd or between you and other users, remains with you. MarkMyAd, its subsidiaries, affiliates, officers, directors, investors, employees, partners, agents, and licensors will not be responsible for lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages, even if advised of their possibility.
• In no event shall the maximum aggregate liability of MarkMyAd in relation to a particular claim exceed the amount you paid to use the services.
• No advice or information obtained from MarkMyAd or through the MarkMyAd Platform, software, or code shall create any warranty not expressly stated in the Terms.

Electronic Communications

• Visiting MarkMyAd.com and sending emails to MarkMyAd constitutes electronic communications. Users consent to receive electronic communications, and all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement for written communication.

Privacy

• User's use of MarkMyAd.com is subject to MarkMyAd's Privacy Policy. Users accept the terms of the Privacy Policy by accepting these Terms.

Fraudulent Transactions

• MarkMyAd reserves the right to recover costs and lawyers' fees from persons using the Site fraudulently. MarkMyAd may initiate legal proceedings against such persons for fraudulent use of the Site.

Jurisdiction

• These Terms of Use and any dispute arising out of or in connection with them shall be governed by the laws of delhi, India. Courts in Delhi shall have exclusive jurisdiction over all disputes.
• Any dispute shall be referred to and finally resolved by Arbitration and Conciliation Centre, Delhi under the laws of the Indian Arbitration and Conciliation Act, 1996.
• If any provision of these Terms is unlawful, void, or unenforceable, that provision shall be deemed severable, and shall not affect the validity and enforceability of the remaining provisions.
• Any claim or cause of action arising out of or related to the use of the MarkMyAd Platform or the Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.

Affirmation of Agreement

• Users acknowledge and affirm that they have read the entire Agreement and agree to be bound by all its terms and conditions. By clicking where indicated on the Service registration page or authorizing payment for the creation of an Account or purchase of a Subscription, users agree to these terms.

How to Contact Us

• The Site is published, controlled, owned, and operated by MarkMyAd. Comments, complaints about the Site, privacy questions, and other legal matters can be directed to [Akshay@markmyad.com]. These Terms are effective as of 10/04/24 and were last updated on 18/04/24.