Terms and Conditions (iMyanmarAds)

Please read these terms and conditions before registering for iMyanmarAds program. Participation in iMyanmarAds program indicates that you accept these terms and conditions.

 

1. Acceptance of Terms

iMyanmarAds provides a collection of online resources and services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular iMyanmarAds services, you agree to abide by any applicable posted guidelines for all iMyanmarAds services, which may change from time to time.  Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with iMyanmarAds in any way, your only recourse is to immediately discontinue use of iMyanmarAds.  iMyanmarAds has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

 

2. Modifications to this Agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:

http://www.imyanmarads/terms

 

3. Agreement

This agreement ("Agreement") between You and iMyanmarAds consists of these Terms and Conditions ("Terms and Conditions"). A description of the Program is available at this URL: http://www.imyanmarads/terms. "You" or "Publisher" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.

 

4. Program Participation

Participation in the Program is subject to iMyanmarAds’s prior approval and under the condition that you continually adhere to the Program Policies.

You shall provide iMyanmarAds with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms and conditions of this Agreement, which may result in immediate termination of your account.

iMyanmarAds reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Program, You represent that You are at least 18 years of age and agree that iMyanmarAds may serve third party and/or iMyanmarAds provided advertisements.

Multiple accounts held by the same individual or entity are subject to immediate termination.

 

5. Communication solely with iMyanmarAds

Any communication regarding any Ad(s) or Link(s) displayed in connection with Your Site(s) shall be directed to iMyanmarAds and NOT to any other advertiser(s).

 

6. Responsibilities

You are solely responsible for the Site(s), including all content and materials, maintenance and operation thereof, the proper implementation of iMyanmarAds’ specifications, and adherence to the terms of this Agreement, including compliance with the Program Policies.

iMyanmarAds reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of any software application to access advertisements or any engagement in any activity prohibited by this Agreement. iMyanmarAds is not responsible for anything related to Your Site(s), including without the transmission of data between Your Site(s) and iMyanmarAds. In addition, iMyanmarAds shall not be obligated to provide notice to You in the event that any Ad is not being displayed properly to end users of the Site(s).

 

7. Operation of Advertisements

You agree to comply with all conditions provided by iMyanmarAds from time to time to enable proper delivery, display, tracking, and reporting of Ads and including but not limited to not modifying the JavaScript or other programming provided to You by iMyanmarAds in any way, unless expressly authorised in writing by iMyanmarAds (including by electronic mail). All content and Site-based Ads shall be grouped by iMyanmarAds and displayed with Links (where applicable) to end users of the Site(s) as ad units (such groups of Ads and/or Links collectively referred to as "Ad Units") in standard formats as offered generally by iMyanmarAds from time to time.

 

8. Prohibited Uses

You shall not and shall not authorise, procure or encourage any third party to:

# Edit, modify, filter or change the order of the information contained in any Ad or remove, obscure or minimize any Ad
# Redirect an end user away from any Advertiser Page; provide a version of the Advertiser Page different from the page an end user would access by going directly to the Advertiser Page
# Frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of an Ad
# Intersperse any content between the Ad and the Advertiser Page; or otherwise provide anything other than a direct link from an Ad to an Advertiser Page
# Display any Ad(s), on any error page, on any chat page, in any email, or on any Web page or any Web site that contains any pornographic, hate-related, violent, or illegal content
# Directly or indirectly access, launch, and/or activate Ads through or from, or otherwise incorporate the Ads in, any software application, Web site, or other means other than Your Site(s), and then only to the extent expressly permitted by this Agreement
# Directly or indirectly generate impressions, page views, unique visits of or clicks on any Ad through any automated, deceptive, fraudulent or other invalid means, including but not limited to repeated manual clicks and the use of robots
# Act in any way which violates any Program Policies posted on the iMyanmarAds Web Site, as may be revised from time to time, or any other agreement between You and iMyanmarAds, or engage in any action or practice that reflects poorly on iMyanmarAds or otherwise disparages or devalues iMyanmarAds’ reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

 

9. Termination or Cancellation of Account

If there are no iMyanmarAds provided advertisements being run on your blog, You may stop displaying Ads with or without cause at any time by removing the iMyanmarAds JavaScript from Your Blog but not before notifying us by e-mail 48 hours in advance. You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in the Program to iMyanmarAds. This Agreement will be deemed terminated within ten (10) business days of iMyanmarAds’ receipt of Your notice.

iMyanmarAds may investigate any activity that may violate this Agreement. iMyanmarAds may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Site in all or part of the Program for any reason.

 

10. Confidentiality

You will not disclose or use iMyanmarAds’ Confidential Information. "Confidential Information" means any information disclosed or made available to you by iMyanmarAds, directly or indirectly, whether in writing, orally or visually, other than information that: (a) is or becomes publicly known and generally available other than through your action or inaction or (b) was already in your possession (as documented by written records) without confidentiality restrictions before you received it from iMyanmarAds.

Confidential Information includes but is not limited to all information contained within iMyanmarAds reporting systems, the Ad Code, these Terms, the Policies, and other performance metrics and any other technical or programming information iMyanmarAds discloses or makes available to you. You may however disclose the unique visits, page views, referrals and keywords of your Site as tracked by iMyanmarAds and gross payments to You pursuant to the Program.

 

11. No Guarantee

iMyanmarAds 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 any payment to be made to You under this Agreement.

 

12. No Warranty

iMyanmarAds and their licensors are not responsible for any content provided hereunder or for any site that can be linked to or from the ads. To the extent allowed by law, iMyanmarAds and their licensors make no warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, and noninfringement. iMyanmarAds makes no warranty and no representation about the results you will obtain through the Program, including but not limited to any representation regarding the amount of money you will earn through the Program. This warranty disclaimer shall apply to the maximum extent permitted by law.

 

13. Limitations of Liability

You expressly agree to the following limit of liability. iMyanmarAds will not be liable for any lost profits, costs of procurement of substitute goods or services, or for any other indirect, special, incidental, punitive or consequential damages arising out of or in connection with this agreement, however caused, and under whatever cause of action or theory of liability brought, even if iMyanmarAds has been advised of the possiblity of such damages.

iMyanmarAds will not be liable for direct damages in excess of any amount that iMyanmarAds has already paid you during the 6 months prior to the time that the cause of action arose. If you are dissatisfied with any aspect of the Program, or with any of these terms of use, your sole and exclusive remedy is to discontinue your participation in the Program. This limitation of liability shall apply to the maximum extent permitted by law.

 

14. Payment

You will receive a payment related to the number of valid clicks 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, in each case as determined by iMyanmarAds.

Payments will be calculated solely based on our algorithm involving the number of valid impressions and clicks. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by iMyanmarAds in its sole discretion. Invalid activity is determined by iMyanmarAds in all cases and includes, but is not limited to, (i) spam, invalid queries, invalid impressions or invalid clicks on Ads generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from suspicious IP addresses or computers under dubious control; (ii) clicks solicited or impressions generated by payment of money, false representation, or requests for end users to click on Ads or take other actions; (iii) clicks or impressions co-mingled with a significant amount of the activity described in (i, ii, and iii) above.

In addition to our other rights and remedies, we may withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement.

To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.

You shall receive a payment related to the number of unique visits and valid impressions of Ads displayed in connection with Your Site(s), in each case as determined by iMyanmarAds for its participants in the Program. You agree to notify iMyanmarAds of any disputed or missing payment within thirty (30) days of the date that payment is or should have been received. You understand you will have waived the right to dispute the accuracy or receipt of payment after the thirty (30) days of the date that payment is or should have been received.

In the event the Agreement is terminated, iMyanmarAds shall pay Your earned balance to You within approximately sixty (60) days after the end of the calendar month in which the Agreement is terminated by You (following iMyanmarAds’ receipt of Your written request, including by email, to terminate the Agreement) or by iMyanmarAds. In the event where the Account and Agreement termination is initiated by iMyanmarAds due to the Program Regulations or Terms and Conditions not being adhered to, the Publisher acknowledges iMyanmarAds’ right to withhold payment or charge back your account based on the items as suggested in the Program Regulations.

iMyanmarAds reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement or Program Regulations by You, pending iMyanmarAds’ reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that an advertiser whose Ads are displayed in connection with Your Site(s) defaults on payment for such Ads to iMyanmarAds.

You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Program. iMyanmarAds may change its pricing and/or payment structure at any time.

If You dispute any payment made under the Program, You must notify iMyanmarAds in writing within thirty (30) days of any such payment; failure to so notify iMyanmarAds shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by iMyanmarAds. No other measurements or statistics of any kind shall be accepted by iMyanmarAds or have any effect under this Agreement. The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party (i.e., distributed to Sites managed by You that require separate payments) unless expressly authorized in writing by iMyanmarAds (including by electronic mail).

 

15. Publicity

You agree that iMyanmarAds may use Your personal details, images from your website and logo in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. If You wish to use iMyanmarAds’ trade names, trademarks, logos, domain names, and any other iMyanmarAds Brand Characteristics ("Brand Characteristics"), You may do so, so long as such use is in compliance with this Agreement and you agree not to:

# Display the iMyanmarAds Brand Characteristics in any manner that implies a relationship, affiliation or endorsement by iMyanmarAds that can suggest the editorial content of the web page represents the views or opinions of iMyanmarAds and its staff
# Display the iMyanmarAds Brand Characteristics on any Web page that contains or displays adult content, promotes gambling, or otherwise violates applicable law
# Display iMyanmarAds Brand Characteristics in a manner that is in iMyanmarAds’ sole opinion misleading, defamatory, obscene, infringing or otherwise objectionable by iMyanmarAds
# Remove, distort or change any element of a iMyanmarAds Brand Characteristic.

 

16. Indemnification

You agree to indemnify, defend and hold iMyanmarAds, its agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Site(s), and/or Your breach of any term of this Agreement.

 

17. Rights of iMyanmarAds

You acknowledge that iMyanmarAds owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program (including iMyanmarAds’ ad serving technology excluding items licensed to iMyanmarAds from third parties), and that You will not acquire any rights, titles, or interests in or to the Program except as expressly set forth in this Agreement.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any iMyanmarAds’ services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

You will not remove, obscure, or alter iMyanmarAds’ copyright notice, Brand Characteristics, or other proprietary rights notices affixed to or contained within any iMyanmarAds services, software, or documentation. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

 

18. Information Rights

iMyanmarAds may retain and use, subject to the terms of the iMyanmarAds Privacy Policy, all information You provide, including but not limited to Site demographics and contact and billing information. You agree that iMyanmarAds may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws than Your own.

iMyanmarAds may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. iMyanmarAds disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. iMyanmarAds may share non-personally-identifiable information about You, Your site users, Site-specific statistics and similar information collected by iMyanmarAds, with advertisers, business partners, sponsors, and other third parties.

 

End of Terms and Conditions