The following terms and conditions (“Advertising Policy”) govern the placement and delivery of advertising (“Ad”) submitted by the Advertiser.
This Agreement is entered by and between One Musicwhim Entertainment Private Limited, a company registered in India and whose registered office is No 2, 4th Main, Behind Regency School, A M S Layout Vidyaranyapura, North Bangalore Bangalore , Karnataka. (“Musicwhim”) or any of Musicwhim’s affiliates, and the company named as advertiser.
The “Musicwhim Service” as used in this Agreement means Musicwhim’s platform for advertisers.
For the mutual promises contained herein and other good and valuable consideration, receipt and adequacy of which are hereby acknowledged, Musicwhim, on the one hand, and the Advertiser and/or Agency, on the other hand, agree as follows :
2. Prohibited Content
- Illegal Products or Services: Ads must not constitute, facilitate, or promote illegal products, services or activities. Ads targeted to minors must not promote products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted.
- Discriminatory Practices: Ads must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.
- Tobacco Products: Ads must not promote the sale or use of tobacco products and related paraphernalia.
- Drugs & Drug-Related Products: Ads must not promote the sale or use of illegal, prescription, or recreational drugs.
- Unsafe Supplements: Ads must not promote the sale or use of unsafe supplements, as determined by Musicwhim in its sole discretion.
- Weapons, Ammunition, or Explosives: Ads must not promote the sale or use of weapons, ammunition, or explosives. This includes ads for weapon modification accessories.
- Adult Products or Services: Ads must not promote the sale or use of adult products or services, except for ads for family planning and contraception. Ads for contraceptives must focus on the contraceptive features of the product, and not on sexual pleasure or sexual enhancement.
- Adult Content: Ads must not contain adult content. This includes voices/sounds that are overly suggestive or sexually provocative.
- Third-Party Infringement: Ads must not contain content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
- Sensational Content: Ads must not contain shocking, sensational, disrespectful or excessively violent content.
- Personal Attributes: Ads must not contain content that asserts or implies personal attributes. This includes direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, membership in a trade union, criminal record, or name.
- Misleading or False Content: Ads, and business practices must not contain deceptive, false, or misleading content, including deceptive claims, offers, or methods.
- Controversial Content: Ads must not contain content that exploits controversial political or social issues for commercial purposes.
- Surveillance Equipment: Ads may not promote the sale of spy cams, mobile phone trackers or other hidden surveillance equipment.
- Grammar & Profanity: Ads must not contain profanity.
- Personal Health: Ads must not contain "before-and-after" stories that contain unexpected or unlikely results. Ad content must not imply or attempt to generate negative self-perception in order to promote diet, weight loss, or other health related products.
- Payday or Cash Advance Loans: Ads must not promote payday loans, paycheck advances or any other short-term loan intended to cover someone's expenses until their next payday.
- Multilevel Marketing: Ads promoting income opportunities must fully describe the associated product or business model, and must not promote business models offering quick compensation for little investment, including multilevel marketing opportunities.
- Penny Auctions: Ads may not promote penny auctions, bidding fee auctions or other similar business models.
- Counterfeit Documents: Ads may not promote fake documents, such as counterfeit degrees, passports or immigration papers.
- Low Quality or Disruptive Content: Ads must not contain content that provide an unexpected or disruptive experience. This includes misleading ad positioning, such as overly sensationalized headlines, and leading people that contain minimal original content and a majority of unrelated or low quality ad content.
- Spyware or Malware: Ads must not contain spyware, malware, or any software that results in an unexpected or deceptive experience.
- Unauthorized Streaming Devices: Ads must not promote products or items that facilitate or encourage unauthorized access to digital media.
- Prohibited Financial Products and Services: Ads must not promote financial products and services that are frequently associated with misleading or deceptive promotional practices.
- Alcohol: Ads that promote or reference alcohol must comply with all applicable local laws, required or established industry codes, guidelines, licenses and approvals.
- Dating: Ads for online dating services are only allowed with prior written permission.
- Real Money Gambling: Ads that promote or facilitate online real money gambling, real money games of skill or real money lotteries, including online real money casino, sports books, bingo, or poker, are strictly prohibited.
- State Lotteries: Lotteries run by government entities may advertise on Musicwhim, provided the ads are targeted in accordance with applicable law in the jurisdiction in which the ads will be served and only target people in the jurisdiction in which the lottery is available.
- Online Pharmacies: Ads must not promote the sale of prescription pharmaceuticals. Ads for online and offline pharmacies are only permitted with prior written permission.
- Financial Services: Ads promoting credit card applications or financial services with accredited institutions must clearly provide sufficient disclosure regarding associated fees, including APR percentages transaction fees, within the ad's landing page.
- Student Loan Services: Ads must not promote misleading or deceptive services related to student loan consolidation, forgiveness, or refinancing.
- Political Advertising: Advertisers can run political, election related and issue ads, provided the advertiser complies with all applicable laws and the authorization process required by Musicwhim.
- Cryptocurrency Products and Services: Ads may not promote cryptocurrency and related products and services without our prior written permission.
- ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE GOVERNED BY LAWS OF INDIA.
- Advertisers are responsible for understanding and complying with all applicable laws and regulations. Failure to comply may result in a variety of consequences, including the cancellation of ads you have placed and termination of your account.
- If you are managing ads on behalf of other advertisers, each advertiser or client must be managed through separate ad accounts. You must not change the advertiser or client associated with an established ad account; set up a new account. You are responsible for ensuring that each advertiser complies with these Advertising Policies.
- We reserve the right to reject, approve or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy.
- These policies are subject to change at any time without notice.
- Once the order is placed, the ad cannot be cancelled.
- Nothing in these Terms will limit a party’s ability to seek equitable relief.
- These Terms are the parties’ entire agreement relating to its subject and supersede any prior or contemporaneous agreements on that subject.
- No party may make any public statement regarding the relationship contemplated by these Terms (except when required by law).
- Neither party may assign any part of these Terms without the written consent of the other party.
4. Technology limitations and modifications
Musicwhim will make reasonable efforts to keep the Musicwhim Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Musicwhim reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Musicwhim Service, with or without notice, all without liability to Entity for any interruption, modification, or discontinuation of the Musicwhim Service or any function or feature thereof. Entity understands and agrees that Musicwhim has no obligation to maintain, support, upgrade, or update the Musicwhim Service, or to provide all or any specific content through the Musicwhim Service.
5. Term and termination
This Agreement will continue to apply until terminated by either Entity or Musicwhim. Musicwhim may terminate the Agreement or suspend Entity’s access to the Musicwhim Service at any time, including in the event of Entity’s actual or suspected unauthorized use of the Musicwhim Service or non-compliance with this Agreement. If Entity or Musicwhim terminate this Agreement, or if Musicwhim suspends Entity’s access to the Musicwhim Service, Entity agrees that Musicwhim shall have no liability or responsibility to Entity. To learn how to terminate Entity’s Musicwhim Service, please contact Customer Service at http://musicwhim.com/help.
We endeavor to provide the best service we can, but Entity understands and agrees that THE COMPANY SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. USE OF THE MUSICWHIM SERVICE IS AT ENTITY’S OWN RISK. MUSICWHIM DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Musicwhim does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, Posted Content, or any other product or service advertised or offered by a third party on or through the Musicwhim Service or any hyperlinked website, or featured in any banner or other advertising. Entity understands and agrees that Musicwhim is not responsible or liable for any transaction between Entity and third-party providers of Third Party Applications or products or services advertised on or through the Musicwhim Service. As with any purchase of a product or service through any medium or in any environment, Entity should use Entity’s judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by Entity from Musicwhim shall create any warranty on behalf of Musicwhim in this regard.
Entity agrees that, to the extent permitted by applicable law, Entity’s sole and exclusive remedy for any problems or dissatisfaction with the Musicwhim Service, the Third Party Applications or the Third Party Application content is to uninstall any Musicwhim software and to stop using the Musicwhim Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONE MUSICWHIM ENTERTAINMENT PRIVATE LIMITED, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THEMUSICWHIM SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MUSICWHIM HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE MUSICWHIM SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT
Nothing in this Agreement removes or limits Musicwhim’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
8. Entire agreement
This Agreement constitutes all the terms and conditions agreed upon between Entity and the company and supersedes any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from Entity to Musicwhim are void. Entity represents that it has not accepted the Agreement in reliance on any oral or written representations made by Musicwhim that are not contained in the Agreement.
Musicwhim may send Entity notice with respect to the Musicwhim Service by sending an email message to the email address listed in the Entity’s Musicwhim Subscription information, by sending a letter via postal mail to the mailing address listed in Entity’s Musicwhim Subscription information, or by posting updates to the Agreement on Musicwhim.com. Notices shall become effective immediately.
Should any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement, and the application of that provision shall be enforced to the extent permitted by law.
11. Choice of law and venue
This Agreement is subject to the laws of India, without regard to choice or conflicts of law principles. Further, Entity and Musicwhim agree to the exclusive jurisdiction of the courts of India to resolve any dispute, claim or controversy that arises in connection with this Agreement.
Thank you for reading our Agreement. We hope you enjoy Musicwhim.
One Musicwhim Entertainment Private Limited, No 2, 4th Main, Behind Regency School, A M S Layout Vidyaranyapura, North Bangalore Bangalore , Karnataka.