Dailyhunt Direct-Self-Serve Advertisement Terms


You must carefully read and understand these self-serve advertisement terms ("Terms") before using the Dailyhunt Direct advertisement platform (“Dailyhunt Direct” or “Platform") which is licensed to and operated by Eterno Infotech Pvt. Ltd. ("Eterno"), having its registered office at No. 2, 1st main, 1st block, Koramangala, Jakkasandra Extension, Bangalore, Karnataka 560034 ("Eterno", "We" and "Us"). For the purpose of these terms and conditions, any reference to Eterno shall include its affiliates, parent company, and sister concerns. These Terms as well as the Privacy Policy, and all other applicable laws and regulations govern Your access and use of the Platform, irrespective of whether you are a registered user or a visitor (which means that you simply browse the platform without limitation, through a mobile or other wireless device, or otherwise use the Platform without being registered). The terminologies "You", "Your", "User" And "Users" shall be read in context, and shall refer to You. By using or accessing or downloading the Platform to view content by You, You agree to be bound by these Terms.
You understand that Your acceptance of these Terms and the Privacy Policy, forms a legally binding user agreement between You and Eterno (“Agreement”).

1. Definition
“Advertisement” refers to any content created by You using the Platform’s services and uploaded by You or Your partners to end-users including, but not limited to, banners, deals and vouchers, product feeds, rich media, text links, and videos, or any combination thereof.
“Account” refers to the account created by You on the Platform for using the services on the Platform.
“Order” refers to the advertisements that You create and upload on the Platform after the requisite payment to Eterno.
“Services” collectively refers to all tools, services and licenses provided to You by Us.

2. About the Platform
Dailyhunt Direct is a platform that provides You with the Services to create and upload advertisements directed at Your target audience on designated platforms.

3. The Ad Review System
The Platform’s ad review system involves periodically reviewing the advertisement to ensure that the advertisement is in compliance with these Terms, other applicable laws, regulations and the Platform’s Advertising Guidelines. http://adspecs.dailyhunt.in/static_ads/dailyhunt_ad_spec/bignativead.html
You understand and agree that the Advertisement uploaded by You will directly link only to the landing page for Your product or service and not to any third-party website or any website that has content which is in violation of these Terms.
You understand and agree that any advertisement found to be in violation of these Terms will be removed from the Platform with immediate effect at the sole discretion of Eterno. You understand and agree that Eterno will determine the size, placement, and positioning of the Advertisement in its sole discretion.
You understand and agree that, Eterno and its affiliates may use the Advertisement for advertising, marketing, and promotional purposes of Dailyhunt Direct and Eterno once the Advertisement has run.
Eterno will make reporting related to Advertisement available to you via the dashboard on _direct.dailyhunt.in_. If you are creating and managing Advertisements as agent for another entity, then if you or Eterno are required to do so by the applicable law, you will make commercially reasonable efforts to make the reporting available directly to that entity.

4. Eligibility
Use and access to the Platform is available to all persons, directly or through legally authorized agents, who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Platform and shall not access or use the Platform. As a minor if You wish to access or use the Platform, such access or use may be made by Your legal guardian or parents on the Platform. Eterno reserves the right to terminate such use and/ or refuse to provide You with access to the Platform if it is brought to Eterno's notice or if it is discovered that You are under the age of 18 years.

5. Term and Termination
These Terms, and any posted revision, shall remain in full force and effect while you use the Platform and certain provisions may continue to apply even after termination. You may terminate this Agreement by uninstalling or deleting the Platform at any time, for any reason. Eterno may terminate this Agreement by deleting Your Account without assigning any reasons whatsoever. On termination of this Agreement, all of Your profile content and other information may be deleted. However, certain details are maintained with us for archival and legal purposes. Eterno reserves the right to change these Terms from time to time. If You do not agree to any such changes, You have the discretion to discontinue from accessing, availing or using the Platform. Continued access or use of the Platform following notice of any such changes will indicate Your acknowledgement of such changes and You will be bound by such revised Terms.

6. License
Subject to these Terms and Your payment of required fees, Eterno hereby grants You only a limited, non-transferrable, non-exclusive, revocable license to use, archive, copy, record, store, reproduce, distribute, transmit, broadcast, adapt, modify, publish, promote, exhibit, synchronize, communicate to the public, make available, publicly display the Advertisement created by You on the authorized platforms.
The license does not include or authorize: (a) any reproduction, duplication, copying, sale, trading, resale, modification or any other commercial use of any portion of the Platform or any information contained therein other than as permitted by the Terms; (b) downloading (other than the page caching) of any portion of the Platform or any information contained therein, except as expressly permitted on the Platform; (c) decompiling or reverse engineering any part of the Platform; (d) using any meta-tags or any other "hidden text" utilizing Our trademarks without prior written consent; or (e) any use of the Platform or any information contained therein other than for their intended purpose. Any unauthorized use of the license is strictly prohibited and results in an immediate termination of Your account.
If You are placing ads on someone else's behalf as a legally authorized agent, You must have permission to place those ads, and agree as follows: 7. Payments
You understand and agree that You are required to pay the amount applicable to Your Advertisement as per the Platform’s Payment Terms.

8. Cancellation
You may cancel an Order at any time through this link, but Your Advertisement may run for up to 24 hours after Dailyhunt Direct receives notice of cancellation.
The refund policy if applicable to Your cancellation will be governed by the Platform’s Payment Terms.

9. Advertisement Policy
You understand and agree that Your Advertisements shall be governed by the Platform’s Advertisement Guidelines.

10. Intellectual Property Rights
The copyright, trademark, patent or other intellectual property rights in the content of the Platform (including, without limitation, all designs, logos, names, text code, processes, data, information links) are owned by Eterno or the respective third-party entities as identified in the Platform. No license or right is granted and Your use of and/or the Platform therein shall not constitute by implication, estoppel or otherwise, any license or right of use. As such, You shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the express permission from Eterno. In the event of infringement Eterno shall on its own sole discretion take necessary steps.
You hereby grant Eterno a worldwide, irrevocable, royalty-free, perpetual and unlimited license to make copies of, reproduce, adapt, make derivative works of, communicate to the public, broadcast, and make available Your Advertisement. You understand and agree that Eterno may exercise these rights in Your Advertisement on the Platform or on other platforms, applications and social media pages under its control. You represent that you are authorized to grant these rights to Eterno in accordance with these Terms and policies of this Platform, and all applicable laws and regulations.

11. Indemnity
You hereby agree to indemnify, defend and hold Eterno and its affiliates, and their officers, directors and employees, harmless from and against any and all damages, liabilities, costs and expenses, including attorney's fees and expenses, arising out of, incident to, or resulting directly or indirectly from the use of the Platform in a manner inconsistent with these Terms. Notwithstanding its reasonable efforts, Eterno and its affiliates cannot take responsibility or control the Services made available for access through the Platform.

12. No Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ETERNO OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PLATFORM AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF ETERNO OR ITS AFFILIATES.
ETERNO OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE FOR ANY DATA PROVIDED BY THE User OR ANY VIOLATION OF THIRD-PARTY RIGHTS OF WHATSOEVER NATURE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE USE OR INABILITY TO USE THE APP.

13. Law, Jurisdiction and Arbitration
The construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Bangalore and no other court.
All disputes arising under or in relation to these Terms shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the "Act") the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English. The arbitrator's award shall be final and undisputable by both Parties.

14. Severability
If any provision in the Terms become invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from the Terms and the remaining provisions of the Terms shall not, so far as possible, be affected by the severance.

15. Waiver
The failure of Eterno to enforce at any time any of the provisions of these Terms shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on Your part to this Terms nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Terms all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to Eterno at law or in equity.

16. Communications
When You use the Platform or send emails or other data, information or communication to Eterno, You agree and understand that You are communicating with Eterno through electronic records and You consent to receive communications via electronic records from Eterno periodically and as and when required. Eterno may communicate with You by email provided by You in Your communications or at the time of registration or by any other mode of communication, electronic or otherwise. Eterno complies with its legal obligations in maintaining the security of its communications with You.

17. Force Majeure and Act of Third Parties
The performance of any part of this Terms by Eterno and its affiliates, shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, pandemic, epidemic, war, or riot or any other cause beyond the reasonable control of Eterno or act of any third party beyond the control of Eterno including but not limited to hacking, data theft, unauthorised access to Your account, impersonation, fraud, misrepresentation and so on.

18. Modification
Eterno may update, modify, suspend, discontinue or change any part of these Terms from time to time. The revised Terms will be posted as notification on the Users account. Users are encouraged to periodically check this page to stay informed about changes to the Terms. The revised Terms will be effective from the date stated on the revised Terms. You acknowledge and agree that it is Your responsibility to review these Terms periodically and become aware of modifications. If You disagree to any of the changes to the Terms, please refrain from accessing or using the Platform. Your continued access or use or availing of the Platform following the posting of revised Terms will indicate Your acceptance and acknowledgement of the changes and You will be bound by it.

19. Survival
These Terms, and any modifications, alterations or amendments to, shall remain in full force and effect while You use the Platform and the provisions related to Intellectual Property, Liability, Indemnity, and all other provisions which by their nature survive the termination of the Agreement shall continue to apply even after termination of this Agreement.

20. Notices and Grievance Redressal Policy
Notice is specifically given that, Eterno reserves right in its sole discretion to remove and/or disable access to the Advertisement claimed to infringe third-party rights and/or terminate the accounts of the Users of the Platform who may infringe upon intellectual property or other rights of Eterno and/or other third-parties. Eterno’s policy on taking down content based on grievances submitted in accordance with the law may be accessed here. All notices to Eterno hereunder shall be in writing and shall be duly given if delivered personally or sent by registered mail, return receipt requested, or facsimile to the following Address or emailed to the following email id: grievances@eternoinfotech.com. Verse Innovation Pvt.Ltd.
G F, 06, IndiQube, 14th Main Road, HSR Layout 5th Sector,
Bengaluru Urban, Karnataka, 560102
Grievances may also be made by submitting a completed form, available here. I have read and understood the Terms and Conditions and I hereby, out of my free will, unconditionally accept to be bound by the same. You agree to comply with the above conditions and acknowledge that Eterno has the right, in its sole discretion, to terminate Your account or take action as in our sole discretion is necessary if You breach any of the above conditions or any of the other provisions of this Terms.