Terms And Conditions
nativemedia – Terms of Service
nativemedia is an automated content distribution platform that offers a robust coupon and discount aggregation solution with a technologically advanced API.
The Terms of Service is a legal document, which is an agreement between you, the User (referred as you, your, user, subscriber, or customer hereafter) and nativemedia (referred as we, us, our, nativemedia, or nativemedia.com hereafter), owned by Native Media (Asia) Ltd. (hereinafter "Native Media" or "Company"), a registered company and incorporated in the UK with its registered office at St Marys House, Norwich, Norfolk, NR3 1QA
These Terms of Service apply only to the website, content, information and service located at www.nativemedia.com that you are visiting, or may visit while using www.nativemedia.com (referred as "Website" or "Service" hereafter).
BY ACCESSING OR USING ANY PART OF THE SERVICE, OR ITS AUXILIARY SERVICES THEREFROM, SUCH AS NEWSLETTERS, BANNERS, LOGOS OR ANY FORM OF EXPRESSION AND COMMUNICATION WHATSOEVER, YOU ACKNOWLEDGE THAT YOU HAVE READ, AND ACCEPTED THESE TERMS OF SERVICE AND YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, YOU MAY NOT USE ANY PORTION OF THE SERVICE.
WE RESERVE THE RIGHT TO MODIFY, ALTER, UPDATE, OR OTHERWISE CHANGE THESE TERMS OF SERVICE AT ANY TIME BY POSTING CHANGES IN THIS DOCUMENT WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SERVICE AFTER WE POST ANY CHANGES SIGNIFIES YOUR AGREEMENT TO ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THESE CHANGES, YOU MUST STOP USING OR ACCESSING THE SERVICE.
DESCRIPTION OF SERVICE
nativemedia enables you to subscribe to a rich collection of affiliate marketing links/data (the “Links” or "Data) through an electronic feed. You are only permitted to use these Links/DataFeeds if you have separately entered into and have a current binding contract with (i) the marketer whose products or services are sold through such Links (the “Marketer” or "Merchant"), (ii) the affiliate marketing network through which such Links are promoted (the “Affiliate Network”) or (iii) nativemedia for each such Links/DataFeeds. Notwithstanding the foregoing, you may not sublicense use of the Service to any third party without nativemedia’ prior written consent, in which case you shall be solely liable for the acts and omissions of such sublicenses and shall ensure their compliance with this Agreement.
You understand and agree that the Service is provided "AS-IS" and that nativemedia assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. While nativemedia will make reasonable efforts to update the Links and the Service on a regular basis, nativemedia reserves the right to remove Links from the Service at any time without prior notice and does not guarantee that any number of Links will be included in the Service or that updates will be made to the Service at any specific time. You acknowledge that outdated Links or other errors with your content may result in negative impressions of Marketers, you and nativemedia. Therefore, you agree to regularly and within a reasonable period of time (but no later than 24 hours) keep all publicly-accessible Links current and up-to-date with the latest information from the Service. nativemedia may suspend your use of the Service, or terminate this Agreement for breach, for a failure to update the Links as set forth herein.
In order to use many features of the Service, you must register to become a member using your valid email ID. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws or under any other applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity.
If you provide any information that is untrue, inaccurate, not current or incomplete, or nativemedia has reasonable grounds to suspect that the Registration Data is untrue, inaccurate, not current or incomplete, nativemedia reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Multiple accounts held by any individual or an entity is subject to immediate termination unless expressly authorized in writing by nativemedia.
You may only register accounts for websites owned, operated, licensed or controlled by You. You may not share your username (registered email ID) and password with any other party. You are responsible for the security of your Registration Data, any and all account security and will be solely liable for any use or unauthorized use under such password from your account.
PERMITTED USE OF THE SERVICE
You may use the Service solely for your own personal use and in strict compliance with these Terms of Service. Payment for the Service is based on the Subscription Plan subscriber selects for one Client ID. Therefore, you may only use the Service in connection with one Client ID for which you have paid nativemedia. You will be entitled to receive the Service only during the subscription period. By default, the Subscription Periods will be one month. Monthly subscriptions will automatically renew on a month-to-month basis until canceled by you.
All fees "Subscription Fees" for the Service are set forth on the website on our 'Prices' page. By completing the payment information, you authorize nativemedia to charge the appropriate recurring subscription fees to your designated PayPal Account or another payment method. You are required to provide a billing payment method at the time of registration for subscription services. Subscriptions Fees shall be billed monthly and renew automatically until canceled by either party.
All Subscription Fees are subject to change at a minimum of one month notice from nativemedia to the email address of record and you hereby agree to pay any such revised Subscription Fees. We will send Subscription fees payment reminder to the registered email ID one week before the plan expires. If any of your billing information changes, you must inform nativemedia and update the same on "Settings" page. You authorize nativemedia to charge any amounts that were uncollected due to outdated, inactive or otherwise un-usable billing information. In the case of inactive or outdated payment information, the subscription will be terminated and the subscriber is liable to pay all the outstanding fees. Except as expressly set forth in these Terms of Service, all fees are non-refundable.
ACCEPTABLE USE POLICY
You shall comply with the terms of the Acceptable Use Policy ("AUP"), set forth below. nativemedia may update the AUP at any time. If you become aware of any violation of the AUP by any user, you must immediately contact nativemedia using the Contact Page on the website of nativemedia, and give nativemedia as much information as possible regarding such violations. nativemedia may refer any information on illegal or fraudulent activities, including your identity, to the proper authorities, to the Marketers, Affiliate Networks, or to other aggrieved parties.
Solely by way of example, you may not:
- generate, manipulate or otherwise produce or induce fraudulent clicks, impressions or transactions, including but not limited to using scripts, spyware, robots or other automated tools and/or computer generated requests;
- use the Service or the Links with any toolbars or downloadable software, unless you have ensured that all end users of toolbars or downloadable software (i) have expressly opted-in to the installation of such items, (ii) have been provided with clear and unambiguous disclosures regarding the operation of such items prior to installation and (iii) are provided with clear and unambiguous disclosures regarding how to easily and quickly uninstall the items at any time;
- use the Service or the Links in any way in violation of the terms, conditions, policies or guidelines of any third party service or web site;
- bid on nativemedia names or trademarks for search engine marketing or similar purposes;
- use the Service or the Links in any way in connection with content which violates or infringes upon the intellectual property, personal or proprietary rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets or confidentiality obligations;
- use the Service or the Links in any way in connection with content which may be threatening, libelous, defamatory, obscene, scandalous or inflammatory or that could otherwise violate any other applicable law;
- use the Service or the Links in any way to modify or overlay a third party website without permission of such web site;
- use the Service or the Links in any way in connection with content which may be an adult in nature (such as pornography), gambling related, nutraceutical related (i.e., acai berry) or “get rich quick” schemes.
- use the Service or the Links in any way in connection with content which may be false, misleading or deceptive;
- use the Service or the Links in any way in connection with content which promotes goods or services that are illegal in any jurisdiction where the Link is displayed; or
- engage in any other illegal or fraudulent, misleading or deceptive business practice under the laws of any jurisdiction where you are located or the Link is displayed or any other conduct that nativemedia or any Marketer, or Affiliate Network determines may otherwise result in legal liability.
MARKETER AND AFFILIATE NETWORK TERMS
By using the Links/DataFeeds, you represent and warrant to us that you have entered into a binding contract with the applicable Marketer/Merchant, Affiliate Network, and/or nativemedia. If your contract with any Marketer/Merchant, Affiliate Network and/or nativemedia ceases, then you must cease using the Links/DataFeeds applicable to such Marketer/Merchant, Affiliate Network and/or nativemedia. You may only use the Links/DataFeeds in strict compliance with the terms and conditions of the applicable Marketer/Merchant, Affiliate Network, and/or nativemedia.
You acknowledge that we are under no obligation to monitor or confirm your relationship with the Marketer/Merchant, Affiliate Network and/or nativemedia and that compliance with their terms and your agreement is solely your responsibility. We make no representations or warranties regarding your authority to use the Service in connection with such agreements. Upon request from a Marketer/Merchant, or Affiliate Network nativemedia may remove a Marketer or any Links/DataFeeds from the Service without prior notice.
UNAUTHORIZED USE OF THE SERVICE
Except as authorized by nativemedia, you may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the website of nativemedia. Further, you may not use any such automated means to manipulate the content or attempt to exceed the limited authorization and access granted to you under these Terms of Service. You may not resell use of, or access to, the Service to any third party.
The information contained within the website of nativemedia has been collected at great time and expense to nativemedia, and you acknowledge that this information constitutes the valuable property and trade secrets of nativemedia. You agree not to use access to the Service, or the information contained therein, to compete with nativemedia or assist any other party to compete with nativemedia or damage nativemedia’ business. You agree to keep all non-public information, including the unique collection of information available on the Service, strictly confidential and to only use such information in connection with your permitted use of the Service.
The parties acknowledge that the restrictions contained herein are reasonable, but agree that if any court of competent jurisdiction shall hold such restrictions unreasonable as to time, activities, or otherwise, such restrictions shall be deemed to be reduced only to the extent necessary in the opinion of such court to make them reasonable. Both parties acknowledge and agree that, in the event of a breach of this section, nativemedia will suffer irreparable harm and that nativemedia will be entitled to injunctive or other equitable relief without prejudice to any of nativemedia’ other rights and remedies.
THIRD PARTY LINKS
nativemedia may provide, or third parties may provide, links to other World Wide Web sites or resources. You understand that the Links, all content accessed through the Links and all transactions generated through the Links are controlled by the Marketers/Merchants and/or Affiliate Networks. We make no representations or warranties regarding the accuracy or proper operation of the Links and assume no liability for any use of or transactions through the Links. Because nativemedia has no control over such sites and resources, you acknowledge and agree that nativemedia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that nativemedia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource.
We are the exclusive owner or authorized licensors of this website and the Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. You acknowledge that the unique compilation of the Links is our intellectual property. You acknowledge and agree that the website of the nativemedia and Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge any information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by nativemedia, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the nativemedia Service, in whole or in part. nativemedia grants you a personal, non-transferable and non-exclusive right and license to use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right of the Service. You agree not to access the Service by any means other than through the interface that is provided by nativemedia for use in accessing the Service.
TERMINATION OF ACCESS
nativemedia reserves the right to terminate or refuse participation to any applicant or participant at any time in its sole discretion. nativemedia, in addition to any right or remedy that may be available, may limit, suspend, or terminate your account and bar you from accessing the Service in full or in a part at any time with or without notice and with or without cause. We may also choose to change, suspend or terminate the Service in general at any time without notice.
No refunds will be permitted if you have violated these Terms of Service. In addition, we may refer any information on illegal or fraudulent activities, including your identity, to the proper authorities or to the Marketers/Merchants and Affiliate Networks. You agree to stop using the Web Site and/or Service. All terminations will occur upon the next billing cycle and no previously pre-paid fees will be refunded.
EFFECT OF TERMINATION
Upon termination of your account for any reason, you must cease using the Service. However, subject to your agreement with the Marketer(s)/Merchant(s), and Affiliate Network(s), you may continue to promote offers that were contained within the Service, though nativemedia will no longer be involved in maintaining such data. The provisions of the following sections shall survive the termination of these Terms of Service, in addition to any payment obligations accrued prior to the effective date of such termination (Unauthorized Use of the Service; Third Party Links; Proprietary Rights; Disclaimer of Warranties; Limitation of Liability; Indemnity; Governing Law; Arbitration; Severability; Waiver – Remedies; and Assignment).
Our Service is provided from India and all servers which make them available reside in the UK/Singapore. The laws of other countries may differ regarding the access and use of this Service or functions available through the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of India and the UK/Singapore. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the India and the UK/Singapore or the country in which you reside. nativemedia cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree to indemnify, defend, and hold nativemedia, and all subsidiaries, affiliates, officers, members, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this contract, your violation of any rights of another, or any claims that result from your operation of your website, Blog Website or Storefront, including, but not limited to, indecent content, claims your suppliers or customers related to your storefront, and governmental regulatory claims related to your storefront.
LIMITATION OF LIABILITY
In no circumstances, shall nativemedia, its subsidiaries, affiliates, officers, employees, agents, partners and licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death or other intangible losses under any theory of tort, contract, strict liability or other legal or equitable theory. Hereby, nativemedia cannot be held liable by agreement of the parties regardless of whether or not nativemedia has been advised of the possibility of such damages. You acknowledge that nativemedia has entered into this agreement relying on the limitations of liability stated herein and that nativemedia would not offer you the service without those limitations, which are an essential basis of the bargain.
You expressly understand and agree that nativemedia shall not be liable to you for any damage resulting from (i)the use or the inability to use the service; (ii)the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii)unauthorized access to or alteration of your transmissions or data; (iv)statements or conduct of any third party on the service; or (v)any other matter relating to the service.
DISCLAIMER OF WARRANTIES
While nativemedia makes reasonable efforts to ensure that the service operates as intended, the service is dependent upon the internet, the marketers/merchants, affiliate networks, other services, and providers outside of the control of nativemedia. You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an "As-Is" and "As-Available" basis. nativemedia and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement and any warranties arising out of course of dealing, usage or trade.
nativemedia and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that:
- The service will meet your requirements;
- The service will be uninterrupted, timely, secure or error-free, and the information it stores will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures.
- The results that may be obtained from the use of the service will be accurate or reliable;
- The quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and
- Any errors in the Deal DataFeeds will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from nativemedia or through or from the service shall create any warranty not expressly stated in the terms of service.
Each party agrees that any and all disputes, controversies and claims relating in any way to the Service or this Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. By accepting these Terms you submit to the non-exclusive jurisdiction of the UK courts.
WAIVER – REMEDIES
The failure on the part of the nativemedia to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
A subscriber may not assign these Terms of Service, or any rights or remedies hereunder, to any third party without prior written consent from nativemedia. These Terms of Service shall inure to the benefit of a party’s permitted successors and assigns.
Should our clients, subscribers or Affiliate Networks have any questions regarding these Terms of Service, they may contact us firstname.lastname@example.org can sand us their query using Contact Us page on the website of nativemedia.
Last updated: June 2016