This website/mobile application (Platform) is owned and operated by Eterno Infotech Private Limited (“Eterno”, for the purpose of this Policy, Eterno must also include its subsidiaries, parent entities and sister concerns) and all rights related to the Platform vest in Eterno. The Platform facilitates publication advertisements on various mobile applications, websites and/ or platforms, including m.dailyhunt.in and Dailyhunt APP (com.eterno). Eterno is merely a service provider which provides access to this platform and advertising services provided hereunder as an intermediary. Please read this Advertisers terms carefully before posting any advertisement or using any services provided on or through this Platform.
This Policy will be binding on you and/or your entity as soon as you create an account or register yourself or your entity on the Platform, or when you submit any advertisement for publication through the Platform or through any service provided therein, whichever is earlier.
For purpose of this Policy, advertisements shall mean any notice or announcement including but not limited to text, images, audio, the video for promotion, endorsement or marketing of any product, services, events, vacancy, etc.
By using the Platform for publishing, broadcasting or communicating to public any advertisement or for running any advertising campaign you agree to be bound by the terms and conditions mentioned in the Policy. For the purpose of this Policy, you and Eterno may be combined referred to as Parties, and individually as Party.
If you disagree with the terms and conditions of this Policy, you are no longer authorized to publish, broadcast or communicate to the public any advertisement using this Platform or to utilize any service provided on this Platform.
This Platform is intended to provide a means for organizations of all sizes and budgets to promote their products and services. As an advertiser on the Platform, it is solely your responsibility to ensure that each of your advertisements and materials complies with all applicable laws, norms, codes, rules and regulations, the Eterno Advertisement Guidelines (“Guidelines”), and any written instructions provided to you by Eterno. You shall be solely responsible for any and all liabilities arising due to non-complaisance of your advertisement with any applicable laws, terms of this Policy, Guidelines and/or any other instructions provided by Eterno.
By submitting advertisements to the Platform, you grant to Eterno a non-exclusive, worldwide, transferable, sub-licensable license to place, publish, broadcast and communicate to public your advertisements, materials, and related technology for the term of advertisement campaign, on any mobile application, website or other platform provided by Eterno, including m.dailyhunt.in and Dailyhunt APP (com.eterno).
You also grant to Eterno a non-exclusive, worldwide, transferable, sub-licensable, license to use and display the trademarks, names, logos, symbols and other representations for the term of an advertisement campaign, you further acknowledge and confirm that Eterno may use your advertisement or related content for its own marketing and promotion.
By submitting any advertisement to the Platform, you acknowledge, agree and confirm that Eterno is authorized to make certain changes in the advertisements, including but not limited to, formatting changes, changes in size, look and feel of advertisement, change in placement and positioning of the advertisement.
The advertisement submitted by you may not be directly or immediately published on the mobile application, website or other platform as the advertisement may undergo an inspection or review process, as defined in this Policy.
Eterno may provide certain tools/ options/ widgets to you, to assist you in the development of advertising materials or making trafficking or targeting decisions. You hereby acknowledge, agree and confirm that even if you choose to utilize any of these tools, responsibility for any trafficking or targeting decisions, for destinations or landing pages related to your advertisements, and for the advertised products and services themselves, solely vest with you.
You are not authorized to use the Platform to disseminate malware, spyware, script, bot, spider, crawler, scraper or other malicious code.
You will not, and will not authorize any third party to, (i) generate invalid or fraudulent impressions, clicks, or other desired actions with respect to the mobile application, website or platform on which your advertisement is published or, (ii) use any unauthorized means to extract advertising or performance-related data from the mobile application, website or platform on which your advertisement is published.
You acknowledge that third parties may generate impressions, clicks, or other desired actions with respect to your advertisements for prohibited or improper purposes. You further acknowledge, agree and confirm that Eterno will not be liable for any actions of any third party.
You may cancel and/or modify your advertisement campaign through your account. During the intervening period between your initiation of the cancellation/modification and such cancellation/modification taking place, you are required to make the necessary payments for your advertisement.
Review of Advertisement
You acknowledge, agree and confirm that Eterno may at any time, either before or after publishing the advertisement, monitor, invigilate or inspect the advertisement posted by you and may remove or refuse to publish any advertisement on any mobile application, website or platform, without giving prior notice, if:
While monitoring, inspecting or invigilating the advertisement, Eterno may review advertisement image, content, text, targeting, and positioning. Eterno may also review the content on advertisement’s landing page.
You acknowledge, agree and confirm that Eterno is not under any obligation to monitor or inspect any advertisement but retains the right to monitor, inspect or invigilate any advertisement published via a Platform or services provided on the Platform. You further acknowledge, agree and confirm that, in case of any breach of applicable laws or the terms of this Policy, you will be solely responsible for any consequences arising out of such breach.
You understand and confirm that, apart from the reasons mentioned above, Eterno reserves the right to reject, approve or remove any advertisement for any reason, in its sole discretion, including any advertisement that negatively affect its relationship with its users or that promote content, services, or activities, contrary to its competitive position, interests, or advertising philosophy.
You further acknowledge and confirm that Eterno may, in its sole discretion, remove your advertisement if it receives any complaint against your advertisement, its content, landing page or product/service promoted in your advertisement. You also understand and confirm that, if your advertisement is rejected, taken down or removed from any mobile application, website or platform, your sole remedy is to request reinstatement or acceptance of the advertisement. You may launch such request via email at Yourfriends@Dailyhunt.in, under the subject “Request for reinstatement”.
If you become aware of or have a reasonable ground to believe that your advertisement in any manner violates any laws, Guidelines, terms of this policy, norms, rules, intellectual property rights or any other rights of a third party, you shall immediately inform Eterno, via email at Yourfriends@Dailyhunt.in, and request Eterno to take down such Advertisement from the mobile application, website or platform. Upon receipt of your request, Eterno may within a reasonable time take down any such advertisement.
You acknowledge, agree and understand that Eterno may disclose your advertising content, and all information associated with your advertising, to a governmental entity or body if Eterno believes that disclosure would assist in a lawful investigation.
If you have any grievance regarding the removal of your advertisement from any mobile application, website, or platform, you may write to Eterno at Yourfriends@Dailyhunt.in with the subject “Grievance regarding removal of advertisement”. Eterno will respond to your query if such query is legally valid.
Targeting and Positioning
When you use the Platform and services provided on the Platform to publish advertisements, you are required to provide information needed to initiate and target your campaign, which may include the type of advertising you want to buy, the target audience, category of the goods/services advertised, platform on which advertisement is to be published, the maximum amount you want to spend, the start and end date of your campaign and/or desired position of the advertisement.
Once your advertisement is submitted and all the necessary information is provided to Eterno, Eterno will display the advertisement on the mobile applications, website, or platform when the inventory that matches with the criteria associated with your advertisement is available on such mobile application, website or platform.
Although Eterno uses reasonable means to ensure that your advertisement is delivered in accordance with the criteria associated with the advertisement, it makes no warranty or representation that your advertisement will reach the target audience or users fulfilling your criteria.
You acknowledge, agree and confirm that Eterno has the sole discretion to display the Advertisement(s):
(i) along with any Unit of content on the mobile application, website or platform; and
(ii) on any advertising slot(s) or along with any type(s) of content, in the event, the advertising slot(s) and/or the type(s) content fulfilling the criteria associated with the advertisement are not available.
You shall not demand or instruct that Eterno display any advertisement on a particular Unit of content on any mobile application, website, platform.
For purpose of this Policy, “Unit of content” shall mean a complete image, audio file, video file, textual article, or any other form of media capable of being published and effectively consumed by users. For purpose of this Policy, “Type of content” shall mean the category of the Content as determined by Eterno.
Eterno acknowledges that you may not want your advertisements placed adjacent to content that you believe to be offensive or otherwise inappropriate. While you are solely responsible for employing targeting that results in content adjacencies that coincide with your preferences and objectives, Eterno agrees to take reasonable steps to ensure that your advertisements are not placed adjacent to content that violates terms and conditions and/or content policy of the mobile application, website or platform on which your advertisement is published. You acknowledge and agree that your sole remedy for Eterno’s breach of this obligation will be to submit a written complaint to Eterno at Yourfriends@Dailyhunt.in. Upon receipt of your complaint, Eterno will conduct an internal investigation and will remove content that Eterno determines, in its sole discretion, is objectionable or in violation of the terms and conditions or content policy.
You understand and confirm that the products/services promoted in the advertisement match the products/services contained in the landing page, and the destination site linked in the advertisement must not offer or link to any product or service which are prohibited under any applicable law.
You acknowledge, agree and confirm that you will not use the targeting option to discriminate against, harass, provoke, or disparage users or to engage in predatory advertising practices.
You acknowledge, agree and understand that once published, your advertisement constitutes public information. Your advertisement may be re-shared and accessed outside of the targeted audience.
Eterno is committed to providing relevant and useful content to the users and takes all necessary measures to ensure that the content provided to its users is relevant and directly relates to their interests. For this reason, you are required to provide correct and complete information, relevant for targeting, to Eterno. As you are solely responsible to all targeting decisions, it is your responsibility to make sure that targeting must be relevant, appropriate and in compliance with all the applicable laws. Along with all other reasonable steps and legal requirements, you should make sure that Eterno’s targeting services/ tools should not be used for:
Data Usage Restriction
Eterno takes the privacy rights of its user seriously. Eterno shall not be obligated to collect any data or information from its users or to provide any such data or information to you.
You shall ensure that any data collected, received or derived directly or indirectly from your advertisement is only shared with someone acting on your behalf, such as your service provider. You are responsible for ensuring your service providers protect any data or any other information obtained from Eterno, limit their use of all of that information, and keep it confidential and secure.
You shall ensure that all the websites and/or platforms linked to your advertisement have proper data security and privacy measures in place. You shall also ensure that your advertisement’s landing page/website/platform are complied with all applicable laws, including but not limited to, all the laws, rules, regulations, norms and guidelines relating to privacy and data protection.
You shall not transfer any data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker, other advertising, monetization related service or any other third-party service providers.
You agree that you will pay for your use of the Platform and services provided on the Platform based on Eterno’s calculation of amounts due and Eterno’s measurement of the applicable billing metrics, such as impressions or clicks. Amounts due are exclusive of taxes. You agree to pay any sales tax, value added tax or GST that are required to be collected under applicable law.
Payments are due based on the billing terms selected in the Platform interface. You may be required to make advance payment deposit before or during the publication of the advertisement on the Platform. Such advance payment deposit may be setoff while making final payment for the publication of the advertisement via Platform.
You are required to make the payment in accordance with the billing terms and in case of any delay in the payment, you are required to pay an interest of 0.3% per day from the due date till the date of payment.
If any difference between our measurement of the applicable billing metrics is higher than yours by more than 10% of our measurement over the invoice period, you may facilitate a reconciliation effort between Eterno and yourself. If the discrepancy cannot be resolved and a good faith effort to facilitate the reconciliation has been made by you, your sole remedy is to make a claim for advertising credits on Yourfriends@Dailyhunt.in within 5 days from the due date of the payment. If Eterno is able to verify the discrepancy after conducting an internal investigation, upon the receipt of your claim, Eterno will issue advertising credit equal to the value of the verified discrepancy for which you were changed. All advertising credits must be used within 180 days of issuance. You hereby agree that you cannot demand any report of investigation conducted by Eterno to verify the discrepancy in the billing amount.
You hereby acknowledge, agree and confirm that all credits will be issued in Eterno’s sole discretion.
Representations and Warranties
You represent and warrant to Eterno that;
If you are acting as an agent for an advertiser or another entity, you represent and warrant that you have the authority as the advertiser’s or entity’s agent to bind such party to the terms and conditions of this Policy and to the terms of each order, and that all of your actions related to the terms of this Policy and each order will be within the scope of such agency.
To the maximum extent permitted by applicable law, Eterno does not make any warranties under this Policy. Eterno expressly disclaims all warranties, expressed or implied, including but not limited to:
You shall indemnify and hold Eterno, its directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party arising out of or in connection with the advertisement posted by you, any violation of the Policy, Guidelines or any other instruction by you, or any other illegal act done by you.
To the maximum extent permitted by law, Eterno shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the platform; (b) any conduct or content of any third party on the platform, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of your account, transmissions, content or advertisement. In no event shall Eterno’s aggregate liability for all claims relating to the platform exceed INR 5000.
You understand and confirm that this limitation of liability is part of the basis of the bargain between you and Eterno and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Eterno or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Any person may also report infringement of its rights, including but not limited to intellectual property rights, publicity rights, and privacy rights, or violation of any law, rules or regulation, or terms of this Policy, by sending the link of the advertisement with a brief description of the issue and applicable evidence (like IP registrations/applications) to Yourfriends@Dailyhunt.in with the subject “Advertisement Reporting”.
Once an advertisement is flagged or reported to the above email address, Eterno will review it, conduct an internal investigation and take appropriate action. Eterno may take down the content if such advertisement or any content therein is found to violate any applicable laws, terms of this Policy or Guidelines, infringe on any entity’s rights, or infringe on any intellectual property rights. You will not be notified about any action or investigation in the matter.
Violation of this Policy or Guidelines may, in Eterno’s sole discretion, result in termination of your account. Upon termination of your account, you may also be barred from accessing the Platform or using any/all services provided on the Platform. You understand and agree that Eterno cannot and will not be responsible for the advertisement published by you using the Platform. If you violate the letter or spirit of this Policy or otherwise create risk or possible legal exposure for Eterno, Eterno may terminate your access to the Platform.
You may terminate these terms at any time by terminating your relationship with Eterno and by providing an express written notice to Eterno, but your continued or subsequent use of the Platform will be subject to the then-current version of the Policy.
Upon termination of your account or your relationship with Eterno, you are liable to clear all the due payments and pay all due amount to Eterno immediately.
You acknowledge and confirm that after termination of your account or your relationship with Eterno, Eterno may take some time to remove all your advertisements from all the mobile applications, website and other platforms on which such advertisement is published. You shall not make any claim with respect to the publication/ display of any advertisement on any mobile application, website or any other platform, if the advertisement is published or displayed on any mobile application, website or any other platform for 10 days from termination of your account or termination of your relationship with Eterno.
Upon termination of your account or your relationship with Eterno, provisions related to indemnity, intellectual property, representations and warranties and other provisions which by their nature intended to survive, will remain in force. Upon termination of your relationship with Eterno, you will not be relieved from any obligation arising prior to the termination.
You agree that this Policy and your relation with Eterno is governed by the laws in force in India and the court at Bangalore shall have the exclusive jurisdiction in relation to any dispute arising between you and Eterno under this Policy. You further acknowledge and confirm that your advertisement must also comply with the laws, codes, rules and regulations, of the country or region in which your advertisement is published or submitted for publication. In case of any conflict between the laws of India and the laws of any other country, the laws of India shall prevail.
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.
If any provision of this Policy is found to be unenforceable, illegal or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Policy shall otherwise remain in full force and effect and enforceable.
You cannot assign, transfer or sublicense any right or obligation under this Policy except with Eterno’s prior written consent.
These Terms set out all terms agreed between the parties and supersedes all other agreements or understandings between the parties relating to its subject matter, including previous versions of the Terms.
If there is a conflict among the documents that make up the terms of this Policy, the documents will control in the following order: terms of this Policy and the terms of any other document referenced in this Policy.
All notices must be in writing and will be effective upon receipt. You agree to receive notices at the email address you provided when registering to use the Platform. Notices being sent to Eterno must be emailed to Yourfriends@Dailyhunt.in, except if any other email ID or contact details are provided in this Policy.
This Policy does not create any agency, partnership or joint venture among the parties. Except as required by law, you shall not make any public statement regarding the relationship with Eterno, without the prior written approval of Eterno.