My Media Ads – TERMS OF USE

TERMS OF SERVICE (hereinafter the “Website”) is owned and operated by AY CONSULTANT AND MARKETING FZCO., a company incorporated in the United Arab Emirates, IFZA International Free Zone Authority, under number DSO-FZCO-18894 and with registered office address at IFZA Business Park, DPP Building A2, Office 20536-001, Dubai, United Arab Emirates (hereinafter referred to as the “Service Provider”, “Mymediads”, “”, “us” or “we”)

References herein to “You” or “Your” mean you the account holder, advertiser and/or user and/or visitor of the Website.



Background is a Technology Platform / Advertisement network that publishes ads of advertisers, publishers and distributors of products and services, to individuals, end users and affiliate marketing companies for the purpose of promoting the advertisers, publishers or distributor’s products and services. Technology is run on a self-service basis.

The Advertiser is a merchant, product owner or service provider that wishes to access the technology Platform to promote a product or service for themselves or a client they work alongside.

The User and/or Visitor is an individual or company seeking to obtain, purchase and/or acquire the products and/or services of an Advertiser.

Mymediads will provide access to its platform to the Advertiser and the Advertiser shall utilise the platform on the terms and conditions of this agreement.

Mymediads will provide access to its platform to the User and/or Visitor and the User and/or Visitor shall utilise the platform on the terms and conditions of this agreement.

1. Definitions:

1.1 Words shall have the meanings given to them in this Agreement, including without limitation as set out below.

Accountan account created for the use and/or interaction on the Platform and Website
Acquisitionthe purchase and/or acceptance of a good, product and/or service offered by an Advertiser and/or User.
Advertiseran individual or business that chooses to promote either their own goods, products and/or services on the Mymediads Platform in accordance with these terms and agreement.
Adan advertisement post (Ad) created by the Advertiser inside the Mymediads Platform to promote a specific good, product and/or service.
Confidential Informationmeans any and all confidential information, (whether in oral, written or electronic form) including technical or other information imparted in confidence or disclosed by one party to the other or otherwise obtained by one party relating to the other’s business, finance or technology, know-how, intellectual property, assets, strategy, products and customers.
Fees or Advertiser Fees or Mymediads Feesthe fees charged and payable by the Advertiser for publishing and/or posting Ads payable by Advertiser to Mymediads, as set out in clause 6.1.
Linked Websitea specified website and/or web page posted and/or displayed in an Ad in the promotion of Advertiser’s goods, products and/or services.
Platformthe Mymediads Technology Platform.
Private Messagean instant message(s) send between users through the Platform’s private instant messaging feature.
Responsea message send by a User and/or Advertising under an Ad.
Reviewa post and/or comment left in relation to an Advertiser and/or User of the Platform commenting on their activities, services and/or products advertising on the Website and/or the rating given to such Advertiser and/or User.
Useran individual or business that signs up for an account for using the Platform or browsing and/or viewing the Website without registering for an account.
  1. Interpretation

2.1 In this Agreement, unless the context otherwise requires:

2.1.1 the singular includes the plural and vice versa;

2.1.2 references to sub-clauses, clauses or Schedules (if any) are to sub-clauses, clauses or Schedules of this Agreement;

2.1.3 ‘including’ (or similar words) means including without limitation;

2.1.4 clause headings do not affect their interpretation;

2.1.5 references to persons include individuals, trusts, partnerships, unincorporated bodies, government entities, companies and/or corporations (in each case whether or not having separate legal personality);

2.1.6 clause headings do not affect their interpretation;

2.1.7 writing includes manuscript, telexes, facsimiles, emails, and other legible, permanent forms;

2.1.8 references to legislation (including any subsidiary legislation) include any modification or re-enactment thereof.

  1. Commencement

3.1 This Agreement shall come into force from the Account creation date and shall remain in effect unless terminated in accordance with clause 3.2 or any breach of this agreement by the Advertiser and/or User.

3.2 Either party may terminate this Agreement with immediate effect upon notice to the other party to terminate the Agreement, termination will amount to the automatic closure and/or disablement of the account.

  1. Registration

4.1 In order to be registered on Mymediads Technology Platform Advertiser must provide the following information:

4.1.1 Username: A unique identification that will be used for the Mymediads Platform.

4.1.2 Password: A password of your choice to be used for Platform access purposes. Your password should be kept secure at all times and it is Advertiser’s responsibility to keep it secure.

4.1.3 First Name: User’s first name (or given name) in case of an Individual as it appears on User’s birth certificate or similar identification documents and the Company name in case of a business as it appears on Company’s certificates. Nicknames or pseudonym are expressly prohibited.

4.1.4 Last Name: User’s surname (or family name) in case of an Individual as it appears on User’s birth certificate or similar identification documents. Nicknames or pseudonym are expressly prohibited.

4.1.5 Email Address: A valid contact e-mail address that the User controls.

4.1.6 Country: User’s country of residence and/or country of Incorporation.

4.1.7 Mobile (Optional): A valid mobile phone contact number that the User controls.

4.2 All the information provided in clause 4.1 must be accurate and true at the time of submission. User must keep his user account information up to date. It is the sole responsibility of the User to keep all user account information up to date and User is obliged to inform Mymediads within 7 days of any changes. Failure to provide accurate information and/or update the provided information may and can at Mymediads sole discretion result in account termination as outlined in clause 17.

4.3 Approval and acceptance of User is at the sole discretion of Mymediads and Mymediads reserves the right to refuse a User’s application and/or disable a User’s account. The User hereby consents to Mymediads using the User’s details and Personal Data for the purposes of carrying out any checks that Mymediads considers to be necessary, its suitability for (and the suitability of the User’s Linked Website/s and/or products or services) for the Mymediads Program and/or Platform and any other matter which is connected to the User’s application and, where subsequently accepted by Mymediads, carrying out any checks that is connected to User’s activities.

4.4 Advertisers may also be required to provide billing details and information when subscribing for MyMediads billed services.

  1. Relationship

5.1 The parties are independent businesses and not partners, principal and agent, or employer and employee, or in any other relationship of trust to each other.

5.2 Subject to the terms and conditions of this Agreement, User’s will be allowed use the Platform and Website as well as post Ads for the promotion of the Advertiser’s and/or their affiliates products and/or goods and/or services and direct to Linked Websites. Advertiser agrees to be solely responsible for the contents of their Ads and the Linked Websites.

5.3 Advertisers agree not to do any one or more of the following activities:

5.3.1 Link to any website that contains or promotes, any of these types of content: libellous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking or wares, or anything similar to or a variation of, the above;

5.3.2 Violate any applicable privacy laws regarding physical or digital data/records;

5.3.3 Engage in any illegal activity of any type.

5.3.4 Offer any goods or services which are not permitted by law, or link to a website(s) that does so.

5.3.5 Engage in spamming, indiscriminate advertising or unsolicited commercial e-mail or break other applicable laws regulating commercial e-mail and digital communications;

5.3.6 Introduce directly and/or indirectly any virus, malware, worms, Trojan horses, key-loggers, spyware, or any other software with the intention of damaging the property of others or breaking any applicable information security laws;

5.3.7 Distribute, sell, leak or in any way distribute data which Advertiser is in possession of without the express consent of the information owner including data obtained via Advertiser’s Advertiser account.

5.4 Mymediads will not review the content of the Ads or any Linked Websites. Advertisers and Users will remain solely responsible for the Ad and Linked Website content and the goods, products and/or services promoted and/or sold (including, without limitation, compliance of the same with all applicable laws regardless of Advertiser’s and/or User’s location). Mymediads is not responsible, under any circumstances, for the practices of any specific Advertiser or User or for the content of their Ads, Linked Websites, posts, private messages or emails or other communications using the Platform or otherwise, and Mymediads shall have no liability (whether in contract, tort, negligence or otherwise) for the same.

5.5 The Advertisers and Users shall indemnify Mymediads against all costs (including, without limitation, legal costs), claims, losses, damages and awards suffered or incurred by Mymediads in relation to Advertiser’s and/or Users Linked Websites and/or other websites content, posts, or emails or similar communications and the goods and/or services promoted and/or sold by or from Advertiser’s and/or User’s websites including, without limitation, any and all claims, losses, damages and awards against Mymediads in respect of non-compliance of Advertiser’s and/or User’s Linked Website and/or websites, their content and/or the goods and/or services marketed and/or sold through them with all applicable laws.

5.6 The Advertiser and User is solely responsible for identifying and verifying the legality and legitimacy of any product and/or service offered in each specific territory and/or jurisdiction that Advertiser chooses to promote in and the User to use accordingly.

5.7 The Advertiser is obliged and must ensure to produce and uphold Advertiser-Affiliate Agreements for all their Campaigns and ensure that the agreements include (but are not limited to); Payment Terms, Advertising Policies, Product Claims, Disclosure Agreements and Promotional Limitations.

5.8 The Advertiser and User warrants, represents and acknowledges that Mymediads is a self-service Platform and while Mymediads may offer support and advice to Advertiser and User when contacted, Advertiser hereby accepts sole and full legal responsibility for the products, goods and/or services Advertiser promotes through his Ads and/or Linked Websites.

5.9 If Advertiser uses Mymediads Platform and/or Website or any Mymediads Services to communicate with Users about his products, goods and/or services, Advertiser agrees that all statements or messages communicated by him via the Mymediads Platform and/or Website or any Mymediads Services shall be true, accurate and in compliance with all applicable laws and regulations. Additionally, and without limiting any other restriction herein contained, Advertiser will not use the Mymediads Platform and/or Website or any Mymediads Services to: (i) make any false or deceptive statements or claims regarding his products, goods or services; (ii) suggest in any way, whether express or implied, that Advertiser’s products, goods or services are endorsed, approved or sponsored by Mymediads in any way. Mymediads reserves the right to suspend Advertiser’s ability to use the Mymediads Platform and/or Website or any Mymediads Services at any time.

  1. Fees

6.1 Mymediads may charge from time to time a Fee for the use of the Platform and/or Website and/or charge a premium monthly subscription service or per Ad promotion Fee. Fees shall be displayed on the Website and by accepting to subscribe and/or by payment of the Fees you hereby authorize to charge any payment method provided and/or associated with your account. You will remain responsible for any uncollected amounts. You hereby state warrant and represent that you are the owner of the payment method used and/or have full authority and power to use the same.

6.2 We may change our subscription plans and the price of our Services from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.

6.3 Fee payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the Website and/or Platform through the end of your current billing period.

  1. Taxes and Duties

7.1 All amounts due under this Agreement are exclusive of VAT, sales or other tax applicable which shall be paid in addition by Advertiser at the rate and in the manner from time being prescribed by law.

  1. Fraud, Refunds and Chargebacks

8.1 Mymediads will make every effort to distinguish and stop fraudulent activity however User should make every effort to monitor Advertiser’s activity himself and apply appropriate voiding procedures immediately if he feels a fraudulent practice is being used. Mymediads shall have no liability to the Advertiser or User (whether in contract, tort, negligence or otherwise and howsoever arising) for any losses, costs, claims, damages or awards incurred in respect of any fraudulent activity.

8.2 In the event of any fraud, the affected party may, without the involvement of Mymediads, attempt to directly recover any payments made before and/or after the fraud was detected. Mymediads will be relieved of all responsibilities in this regard by the affected party. Mymediads also reserves the right, but not obliged to, to take legal action against the fraudulent companies and/or individuals involved, without reference to the affected party.

8.3 Mymediads accepts no responsibility and/or liability for transactions which ultimately result in Fraud and/or Refunds or Chargebacks that originate from Advertiser’s and/or Users.

  1. Licence

The Advertiser grants to Mymediads and Affiliates, a revocable, non-transferable, royalty free, worldwide license to display their content, and all trademarks, service marks, trade names, and/or copyrighted material and all other intellectual property rights, for the limited purposes of using the Website and/or Platform. This is subject to the terms and conditions of this Agreement. Mymediads will accept no labiality or responsibility from any costs, damages or losses incurred from improper use or distribution of these resources.

  1. Indemnification

10.1 The Advertiser and User shall keep Mymediads indemnified against any costs and expenses (including, without limitation legal costs), awards, damages, claims for damages or other claims for compensation arising from: the breach by the Advertiser and/or User of any and all applicable laws in any jurisdictions; any claims from Affiliates and Users for the goods and/or services supplied by/to and/or sold by/to; claims, awards and/or judgements from any authority in respect of the Advertiser’s supply of the goods, products and/or services and/or Ad and/or Linked website content and/or Users purchase and/or use of the same; any incorrect information given to Mymediads; any infringement or potential infringement of any third party’s intellectual property rights. The Advertiser and User shall also indemnify Mymediads for: any other damages, losses or costs caused by the Advertiser’s and/or User’s improper, negligent or unauthorised use of Mymediads services.

10.2 The obligations under this clause shall survive the variation, expiry or termination of this Agreement.

  1. Liability

11.1 Mymediads shall be liable to the Advertiser for: death or personal injury caused by the negligence of Mymediads; fraudulent misrepresentations made by Mymediads; and/or any other matter that Mymediads cannot by law restrict or exclude.

11.2 Subject to clause 11.1, Mymediads shall not be liable (whether in contract, tort, negligence or otherwise and howsoever arising) for any losses (whether foreseeable or foreseen), liabilities, costs, expenses and claims (including but not limited to, direct, indirect or consequential losses, loss of profit, loss of contracts, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses arising out of or in connection with: defects in the service; interruptions in the accessibility to the service; infringements on data or loss of data on the information handling system; defects in the security system or viruses or other harmful software components.

11.3 Mymediads cannot guarantee or warrant the performance of Mymediads services and/or Platform or the links to any other Linked Websites. Subject to clause 11.1, Mymediads shall not be liable (whether in contract, tort, negligence or otherwise and howsoever arising) for any error in the implementation of the Linked Websites or for the specified function of the links.

11.4 Mymediads shall have no liability (whether in contract, tort, negligence or otherwise and howsoever arising) for any delay and/or failure to perform its obligations under this Agreement where such delays and/or failures to perform arise as a result of events beyond the reasonable control of Mymediads including, without limitation, flood, fire, act of government and failures of telecommunications and internet service providers.

  1. Legislation

12.1 The Advertiser is responsible for the performance of the goods, products and services offered in his Ad’s or any Linked Websites, and shall ensure that all goods products and services are provided in compliance with all applicable legislation.

12.2 The Advertiser confirms that Mymediads is relying on the Advertiser’s confirmation to comply with all relevant legislation and that the Advertiser is aware that there may be commercial and/or other consequences if, due to any error by the Advertiser, Mymediads is exposed to investigation or prosecution for the sale or supply of unlawful or non-compliant products, goods or services.

12.3 The Advertiser confirms, warrants and represents that he will comply with all marketing and product safety laws in the countries it markets his goods, products and/or services in and comply in full with consumer protection legislation.

12.4 The Advertiser confirms, warrants and represents that he will cover and comply with all product safety laws, marketing regulations, promotion limitations and geographical restriction of sales of its goods, products and/or services. Mymediads accepts no responsibility for investigations, loss, damages or costs incurred that are a result of Advertiser’s failure to comply with any laws and regulation.

12.5 The User confirms, warrants and represents that he will comply with all laws and/or regulations in relation to the purchase and/or use of any goods, products and/or services purchased from Advertisers.

  1. Legal Content

13.1 The Advertiser is solely responsible for his Ad’s, Linked Websites and all of his content, posts and/or private messages and hereby confirms, warrants and represents that he shall ensure that it will conform at all times to all applicable laws and regulations of Advertiser’s jurisdiction and/or targeted jurisdictions.

13.2 NO PROFESSIONAL ADVICE. Mymediads does not endorse or supports any of the content published and/or posted on the Website and under no circumstances should any information be construed as financial, legal, accounting or professional advice. User’s should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information, fact or opinion provided on or through the Mymediads Website or Services. User understands that Mymediads employees, representatives, and/or agents do not provide advice pursuant to the authority of professional certifications or licenses and User will not treat information provided by Mymediads employees, representatives, and/or agents as such. User further understands that by receiving information, facts or opinions on or through the Mymediads Website or Services, User is not entering into a relationship with Mymediads or its employees, representatives and/or agents that entitles User to client privileges that may be associated with any professional certifications or licenses.

  1. Copyright / Intellectual Property

14.1 Mymediads owns all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, the right to sue for passing off, mask works, utility models, domain names and all similar rights and, in each case:

i. whether registered or not;

ii. including any applications to protect or register such rights;

iii. including all renewals and extensions of such rights or applications;

iv. whether vested, contingent or future; and

v. wherever existing;

and/or any other Intellectual Property Rights, connected to the Mymediads Platform and/or service and/ or software necessary for the service. This includes all programming, creative, artwork and images supplied by Mymediads or on behalf of Mymediads. The User does not acquire any rights or licences whatsoever under this Agreement.

14.2 Mymediads shall be entitled to remove Ads, Posts and/or ratings from Platform in the event that the same infringes (or in Mymediads reasonable opinion is likely to infringe) any Intellectual Property Rights of any third party or otherwise be illegal. It is the responsibility of the User to make sure that all materials used by him are non-infringing of third party Intellectual Property Rights and legal.

  1. Information

15.1 You consent to the publication of your name, web address and all other information provided by you on the Website and to Mymediads sending newsletters and other communications and using the information given by you for marketing purposes. You confirm and accept that, in order to enable Mymediads to improve, promote or market the service, Mymediads may produce statistics or summaries relating to the use of the service.

15.2 Mymediads may contact you by email, telephone, by post, SMS or via social media network for feedback relating to the service, including any ways in which it might be improved, both for the Mymediads network and for the individual Advertisers and Users. All rights connected to the collected information as well as any Intellectual Property rights will be the property of Mymediads.

15.3 You are aware that under certain laws and regulations Mymediads must hold copies of identity and compliance documents supplied by you in your account along with compliance documents relating to any additional billing addresses listed in your account. Mymediads will take all reasonable and legal steps to protect this information and will release documents only to the relevant authorities under their request.

  1. Data Protection

Each party must comply with all Data Protection Laws that apply to it in relation to any personal data processed in connection with this Agreement (Protected Data).

  1. Account Suspension and Termination

17.1 Mymediads is entitled to terminate this Agreement immediately at any time following acceptance of the User onto the Mymediads Platform if the User does not meet Mymediads requirements, or provide documentation requested by Mymediads or otherwise as Mymediads reasonably determines, including (but not limited to) any malpractice, late payment or any breach of these terms. Mymediads will provide reasonable notice of such termination where possible.

17.2 Without prejudice to any rights that have accrued under this Agreement or any of its rights or remedies, Mymediads may terminate this Agreement immediately at any time upon written notice to the Advertiser in the event of any one or more of the following:

17.2.1 In the specific circumstances set out in clauses 4, 6, 8, 9, 11, 13 and 18;

17.2.2 The User commits a breach of this Agreement;

17.2.3 The other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts.

17.2.4 The Advertiser Ads and/or Linked Websites are deemed in Mymediads sole discretion innapropriate;

17.3 The User shall acquire no rights, following the termination of this Agreement, to use any intellectual property rights of Mymediads (including, without limitation, domain names, any text, images, banners or any other works created by or on behalf of Mymediads).

17.4 Other than as set out in this Agreement, neither party shall have any further obligation to the other under this Agreement after its termination with the exception of circumstances set out in clauses 10 and 11.

17.5 Any provision of this Agreement which expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect.

17.6 Termination of this Agreement, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.

  1. Non-Disclosure

18.1 Either Party may provide the other with information that is confidential and proprietary to that party or a third party, as is designated by the disclosing party. The receiving party agrees to make commercially reasonable efforts, but in no case less effort than it uses to protect its own confidential information, to maintain the confidentiality of and to protect any proprietary interests of the disclosing party.

18.2 The receiving party agrees not to disclose or dissipate the Confidential Information without prior express written consent from the other party in each instance. The term ‘confidential information’ shall not include information that is, or becomes, part of: the public domain through no action or omission of the receiving party; that becomes available to the receiving party from third parties without knowledge by the receiving party of any breach of violation of fiduciary duty, or that the receiving party had in its possession prior to this Agreement.

18.3 The obligations under this clause shall survive the variation, expiry or termination of this Agreement for a period of ten years thereafter.

  1. Applicable Law and Jurisdiction

19.1 Mymediads shall not be liable for the legality of the Mymediads service in countries other than the United Arab Emirates. The Users are solely responsible for the legality of the use of the service if the Users are registered to the Mymediads service from a country other than the United Arab Emirates.

19.2 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United Arab Emirates.

19.3 If any dispute arises out of this Agreement the parties will attempt to settle it by a mediation procedure as the parties may agree in writing.

19.4 User’s use of the Mymediads Platform is irrefutable acknowledgement by User’s that he has read and agreed to each and every term and provision of this Agreement.

19.5 The Users acknowledge that it is their sole legal responsibility to inform and enforce all geographically applicable laws relating to the purchaser, sale, promotion and marketing of their goods, products and/or services on the Mymediads Platform. Any such limitation and laws should be visible in the Ads and Linked Websites.

  1. Notices

20.1 Notices under this Agreement must be in writing and sent via email, text message and/or to the other party at the addresses specified at the beginning of this Agreement (or such other applicable address for service in any other Schedules or part of the Agreement or agreed by the parties from time to time in writing). Notices may be given, and will be deemed received if correctly addressed:

20.1.1 by first-class post: two Business Days after posting;

20.1.2 by airmail: seven Business Days after posting;

20.1.3 by email: within 24 hours from delivery to the correct address if no notice of delivery failure is received.

  1. Severability

21.1 Each clause of this Agreement is severable and distinct from the others. If any clause in this Agreement (or part thereof) is or becomes illegal, invalid or unenforceable under applicable law, but would be legal, valid and enforceable if the clause or some part of it was deleted or modified (or the duration of the relevant clause reduced):

21.1.1 the relevant clause (or part thereof) will apply with such deletion or modification as may be required to make it legal, valid and enforceable; and

21.1.2 without limiting the foregoing, in such circumstances the parties will promptly and in good faith seek to negotiate a replacement provision consistent with the original intent of this Agreement as soon as possible.

  1. Compliance with Law

Users shall comply and shall (at its own expense) ensure that in the performance of its duties hereunder, its employees, agents and representatives will comply with all applicable laws and regulations.

  1. Waiver

23.1 Any rights, powers or remedies conferred upon a party by this Agreement shall be in addition to and without prejudice to all other rights, powers and remedies available to the party under general law (except expressly excluded in this Agreement).

23.2 Unless otherwise expressly agreed, no delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy

  1. General

24.1 Mymediads reserves the right to amend and update this Agreement at any time, by posting written notice of the changes to you either by mail or through a pop-up during account login. Your continued use of the services and access to the Platform shall indicate and be considered as your express acceptance to any such amendment and/or modification of this Agreement.

24.2 User shall not assign, transfer, mortgage, charge, subcontract, declare a trust of or deal in any other manner with any of its rights and obligations under this Agreement without the prior written consent of Mymediads.

24.3 Mymediads may at any time assign, transfer, mortgage, charge or deal in any other manner with any or all of its rights and obligations under this Agreement. Mymediads may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent.

24.4 Notwithstanding clause 24.3, Mymediads may disclose to a proposed assignee any information in its possession that relates to this Agreement or its subject matter, the negotiations relating to it and the other party which it is reasonably necessary to disclose for the purposes of the proposed assignment.

24.5 No one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.

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