CybrHome Advertising Policy
Terms for Advertising, Promotions and Sponsorships on CybrHome.
Effective: January 1, 2018
The DISCOVR INTERNET PRIVATE LIMITED (“CybrHome”) Terms for Advertising, Promotions and Sponsorships (the “Terms”) govern the access and use by you of the CybrHome Advertising Platform (the “Platform”) for paid promotion of products and services on CybrHome properties like the website (www.cybrhome.com), newsletters and other properties, products or services owned by CybrHome. Please read these Terms carefully as such access to the Platform constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and CybrHome.
1. The Platform
The CybrHome Advertising Platform (the “Platform”) is intended not only to provide a means for organizations of all sizes and budgets to promote their products and services, but also to enhance a user’s experience by providing engaging, relevant, accurate, and fair advertisements.
CybrHome does not perform a full review or extensive research on products, services, content or links being promoted on the platform other than a basic check to look for working links with functional pages. CybrHome does not review, researches or invests in determining business models, revenue streams, traffic sources, legal status, individuals, organizations or investors behind promoted products and services on the Platform.
While the Policy contains certain categories of prohibited and restricted advertisements, the Policy is neither an exhaustive list of all regulated categories of advertisements nor of each regulation related to any single category. Indeed, CybrHome regularly reviews the objectives and policies of the Platform in light of emerging advertising trends, methods, and regulations, of the values and preferences of CybrHome and its users, and of other operational considerations.
By submitting advertisements to the Platform, you authorize CybrHome to place your advertisements, materials, and related technology on any content or property provided by CybrHome, including CybrHome.com. CybrHome may make certain tools available to you or directly assist you in development/optimization of advertising materials or in your trafficking or targeting decisions; however, even if you choose to utilize these tools/support, you remain solely responsible for any trafficking or targeting decisions, for destinations or landing pages related to your advertisements, and for the advertised products and services themselves. You will not use the Platform to disseminate malware, spyware, or other malicious code.
To ensure consistency with the requirements of the Platform, CybrHome may make certain formatting changes to your advertisements, including, but not limited to, changes to size, placement, and positioning. You further acknowledge and agree that CybrHome can use your advertisements and related content for CybrHome’s own marketing or promotional purposes.
Accordingly, CybrHome reserves the right to amend this Policy at any time without notice and to modify, reject, or remove any advertisements, including advertisements not explicitly prohibited by the Policy, in its sole discretion.
2. Compliance with the Policy and Legal Requirements
It is the responsibility of the advertiser to ensure that its advertisements and materials comply with all applicable laws and regulations, the Policy, and any instructions provided by CybrHome. While the guidelines below may reflect certain legal requirements that are applicable to advertisers within particular industries, these guidelines are not legal advice. Indeed, adherence to these guidelines may not be sufficient to fulfill the legal requirements and regulations applicable to your industry. CybrHome urges advertisers to consult with their legal counsel regarding appropriate advertising practices for their industries, locations, and any additional locations targeted for advertising.
3. Prohibited Advertisements and Practices
CybrHome maintains a general prohibition on advertiser conduct that is designed to circumvent the Policy or to abuse the capabilities of the Platform. While this prohibition includes conduct that results in advertising-platform arbitrage, that redirects users to unknown destinations, that disseminates malware, that exploits data from users in an irresponsible manner, or that endeavours to circumvent CybrHome’s review systems, whether specific conduct falls within this general prohibition is determined in the sole discretion of CybrHome. In addition to this general prohibition, CybrHome prohibits advertisements related to the following categories of products and services on its Platform:
1. Products or Services in Violation of Trade Policies
Advertisements may not relate to products or services that represent trade with countries subject to embargoes or trade sanctions.
2. Counterfeit Goods
Advertisements may not promote or offer for sale counterfeit goods, including inauthentic collectibles or memorabilia and goods with a mark or logo that is likely to be confused with the trademark of another.
3. Hazardous Products or Services
Advertisers may not use the Platform to promote the use or sale of hazardous, dangerous, or injurious products or services, including products subject to consumer recalls, explosive materials or fireworks, recreational drugs or substances, weapons, guns, ammunition, explosives, tobacco products, and related products or services.
4. Products or Services that Facilitate Illegal, Fraudulent, or Misleading Behavior
Products or services may not be advertised on the Platform that facilitate illegal, fraudulent, or misleading behavior. Examples of such products or services include those used for hacking or obtaining unauthorized access to wire, electronic, or other networks, those designed to circumvent copyright limitations, those designed to cause inflation of website metrics, such as clicks, impressions, likes, or followers, those designed to produce inauthentic documents, work product, or credentials, those designed to assist in evasion of law-enforcement activities, and those related to unlawful, improbable, or unsubstantiated financial products and services, investment, or contribution strategies and schemes.
5. Financial Instruments
CybrHome does not permit the promotion or advertisement of single securities or other tradeable financial assets.
6. Obscene, Offensive, or Inappropriate Content
Advertisers may not use the Platform to disseminate obscene, offensive, or inappropriate content. Such prohibited content includes content that depicts intolerant or overly contentious political or cultural topics or views, that uses vulgar or sexually explicit words or images, that is designed to evoke visceral reactions, or that is improperly targeted toward minors.
7. Deceptive, Untrue, or Misleading Advertising
Advertisers using the Platform must ensure their advertisements are truthful, non- deceptive, and defensible. Thus, advertisers may not employ techniques that are deceptive, untrue, or misleading, including failing to disclose material terms of an offer or service, irresponsible use of the term “free,” offering software that includes undisclosed collection of personal data or malicious applications, promoting products that facilitate spam, or making factual claims unsupported by a reasonable basis.
4. Restricted Advertisements
In addition to the prohibitions on certain categories of advertisements, CybrHome also enforces limitations how certain products and services may be advertised on the Platform. These restrictions are designed to ensure that controversial or age- restricted products or services appear only to the appropriate users. These restricted categories of advertisements are discussed in more detail below:
Only certain categories of products or services that are intended for adult audiences may be advertised on CybrHome. If promotion of the product or service is permitted, CybrHome restricts the method of promotion.
The following categories of adult-oriented products and services are strictly prohibited:
- (i) products or supplements claiming to provide sexual enhancement; and
- (ii) services, including dating services, that provide for casual sex, international matchmaking, escorts, prostitution, intimate massages or other, similar services.
- (i) violate applicable laws and regulations, which may include those applicable to the location of your business or of your target audience;
- (ii) target minors;
- (iii) include sexually explicit images or text; or
- (iv) promote products or services with unlawful themes or content.
Advertisements related to alcoholic beverages or products must:
- (i) comply with applicable laws and regulations, which may include those applicable to the location of your business and of your target audience;
- (ii) comply with industry standards, as may be reflected in the Distilled Spirits Council Code of Responsible Practices, the Beer Institute Advertising and Marketing Code and Guidelines, or the Wine Institute Code of Advertising Standards; and
- (iii) target individuals above the legal-drinking age.
CybrHome restricts advertisements that may infringe upon the rights of third parties, including copyrights, trademarks, rights to privacy or publicity, or other personal or proprietary rights. If a proposed advertisement includes third-party content that has been authorized for such use, advertisers may be required to submit documentation to CybrHome evidencing such authorization.
4. Gambling and Gambling-Related Services
Advertisements for gambling and gambling-related services must:
- (i) comply with applicable laws, regulations, and licensing requirements, which may include those applicable to the location of your business, those applicable to the location of your target audience, and those related to responsible gambling;
- (ii) comply with industry standards, as may be reflected in the American Gaming Association’s Code of Conduct for Responsible Gaming; and
- (iii) ensure minors are not the target of such advertisements.
Advertisements for paid fantasy-sports games must comply with applicable laws, regulations, and licensing requirements, and must target only those audiences with a stated interest in such games. In addition, these advertisements may not target minors or locations in which such games are unlawful.
6. Health-Related Advertisements
Advertisements related to health-care services or health-and-wellness products must comply with applicable laws, regulations, licensing requirements, and industry requirements.
Advertisements may not promote unapproved or unsafe pharmaceuticals and supplements. Further, advertisements may not make false, misleading, or exaggerated health claims, promote products that are subject to any regulatory action or warning, nor promote a non-government approved product in a manner that implies safety or efficacy in diagnosing, mitigating, treating, curing, or preventing a particular disease or ailment. Advertisements for online pharmacies and health services, including online therapies, are not permitted.
Subject to the preceding requirements and pre-approval by CybrHome, the following products or services may be advertised if approved by the FDA or other regulatory authority:
- (i) prescription and over-the-counter medications;
- (ii) dietary and herbal supplements, so long as the target users are not minors;
- (iii) certain medical services, procedures, devices, and tests
- (iv) clinical trials with proof of approval by relevant regulatory authority
Public communications relating to a political issue or made via the Platform by a political committee, by persons advertising the election or defeat of a clearly identifiable candidate or soliciting a political contribution, or by persons making electioneering communications are subject to preapproval from CybrHome and must comply with all applicable laws and regulations, including those promulgated by the Federal Elections Commission and any applicable state law.
8. Unofficial Resale of Event Tickets
Advertisements for the unofficial resale of event tickets are prohibited if done in a manner that conflicts with the regulations of the venue or that is in violation of applicable law.
9. Live Animals
Advertisements promoting the sale of live animals are generally prohibited; however, CybrHome permits advertisements related to pet adoption from bona fide animal-welfare organizations.
5. Editorial Requirements
To ensure that advertisements appearing on the Platform enhance a user’s experience, CybrHome maintains high standards for not only the content and style of advertisements, but also the URL and landing page of any promoted website.
Advertisements on the Platform that appear clearly and concisely both add to a user’s experience and are more likely to produce the advertiser’s desired results. Below are general guidelines for effective communication using the Platform that we encourage and follow:
- (i) Use correct spelling, grammar, and punctuation.
- (ii) Do not use excessive punctuation, capitalization, or symbols.
- (iii) Unless required by law or by a regulatory authority, do not include personal information in the headline title, such as a telephone number.
- (iv) Headline titles, descriptions and other text are often limited by characters on the CybrHome platform. This character limit depends on various factors and keeps changing whenever we make changes to our product, technology or policies. Advertisement text hence cannot exceed these character limits set by our product and content policies.
- (v) Thumbnail images may not exceed a file size of 500kb.
- (vi) Advertisements designed for a mobile platform must not contain text that is difficult to read or more than 40% text.
2. Content Policies
Advertisements are a reflection of the product or service that is being promoted. Accordingly, advertisers should endeavour to achieve relevancy, accuracy, and fairness in promotion. Below are general guidelines for contributing effective advertising content to Platform:
- (i) Advertisement copy in a language other than English should be appropriately targeted.
- (ii) Advertising content must be suitable for a general audience unless specifically targeted to an appropriate audience.
- (iii) Advertisements may not use CybrHome’s intellectual property without written consent.
3. URL and Landing Page Policies
Advertisers must ensure that the destination URL and the landing page corresponding to the advertised product or service maintain the same level of quality expected for content on the Platform. For example, landing pages may not be designed primarily to serve advertisements or contain features that inhibit a user’s ability to interact with or leave the page, including features such as pop-up or pop-under advertisements, misleading dialog boxes, or non-functional buttons. In addition, the landing-page URL must match that of the advertisement, must not be solely designed to send a user elsewhere, and must not contain or refer to any content that would be otherwise prohibited by the Policy.
6. Consequences for Violations
In its sole discretion, CybrHome will determine the consequences for a violation of the Policy or of the rejection of any submitted content, advertisement, post or request. Consequences may include the following:
- (i) Disapproval: Advertising content in conflict with this Policy or determined to be inappropriate for the Platform in CybrHome’s sole discretion may be disapproved by CybrHome.
- (ii) Restriction: CybrHome, in its sole discretion, may restrict or entirely prevent certain domains, websites, or services from using the Platform.
- (iii) Suspension: CybrHome, in its sole discretion, may suspend an advertiser from the Platform entirely. If an advertiser is suspended, any related accounts, partnerships, relationships, advertisements or content from such advertisers will be suspended as well.
7. Orders and Payments
You will pay for all paid promotions on the Platform based on the mutually decided advertisement/sponsorship fee finalized after discussions, negotiations and discounts if any. Amounts due are exclusive of taxes. Payments once made are non- refundable by default but in certain cases CybrHome may refund all or a part of the requested amount upon genuine requests. Any refunds issued will be in CybrHome’ sole but reasonable discretion. CybrHome, in its sole discretion, may increase, modify, or revoke any credit, offers or discounts extended to you at any time. You agree to pay any sales, value added or similar taxes that are required to be collected under applicable law.
CybrHome does not guarantee that your advertisement will reach users with your selected criteria or users that you intended to reach when you bought the advertisement. CybrHome does not guarantee on performance of your advertisement and will not initiate refunds for non-performance of your advertisements.
You will not and will not authorize any third party to generate invalid or fraudulent impressions, clicks, or other desired actions with respect to the Platform or to use any unauthorized means to extract advertising or performance related data from the Platform. You acknowledge that third parties may generate impressions, clicks, or other desired actions with respect to your advertisements for prohibited or improper purposes. Your sole remedy for any prohibited or improper third-party conduct with respect to the Platform is to ask CybrHome to take down your advertisements, promoted content and stop all active campaigns.
8. Editorial Adjacencies
9. Modification or Cancellation of Campaign
Any cancellation or modification request by you of an advertising campaign must be done by written notice to your account representative at CybrHome, or by email to hello@CybrHome.com. While you may request a cancellation or modification of your campaign at any time, there may be some period of time between your sending of a request and when your advertising campaign is actually canceled or modified with respect to the Platform. You will be responsible for any payment that has already been made and you acknowledge that CybrHome reserves the right to take all refund related decisions at its sole discretion.
In its sole discretion, CybrHome may reject, modify, or remove a specific advertisement, campaign, or audience at any time.
10. Representations and Warranties
You represent and warrant that (i) you have full power and authority to accept the Terms and any agreements incorporated or referred to herein; (ii) you have and hereby grant to CybrHome and its affiliates all the necessary licenses and clearances to use the content contained in your advertisements and advertising materials as specified in your order and subject to these Terms; (iii) you are in compliance with all federal, state, and local laws, ordinances, regulations, and codes which are applicable to your performance of these Terms and proposed use of the Platform; and (iv) all factual information provided by you is true and accurate in all material respects.
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 these Terms and to the terms of each order, and that all of your actions related to these Terms and each order will be within the scope of such agency.
As CybrHome cannot ensure delivery of specific advertising content on the Platform, guaranteed delivery and make-goods are not available.
ALL ASPECTS OF THE PLATFORM AND ITS PERFORMANCE ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITH ALL FAULTS. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF CYBRHOME, ITS AFFILIATES, OR ITS PARTNERS MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. NONE OF CYBRHOME, ITS AFFILIATES OR PARTNERS MAKE ANY GUARANTEE IN CONNECTION WITH THE PLATFORM, OR RESULTS OBTAINED THEREFROM.
13. Limitation of Liability
EXCEPT AS TO OBLIGATIONS UNDER SECTION 14 (INDEMNIFICATION), A BREACH OF SECTION 10 (REPRESENTATIONS AND WARRANTIES), OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL ANY PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE, INCURRED BY ANOTHER PARTY ARISING OUT OF AN ORDER OR THESE TERMS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN YOUR PAYMENT OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CYBRHOME NOR ITS AFFILIATES MAY BE HELD LIABLE UNDER THESE TERMS FOR MORE THAN THE AMOUNT PAID BY YOU TO CYBRHOME UNDER THESE TERMS DURING THE 45 DAYS BEFORE THE EVENT GIVING RISE TO LIABILITY.
You will defend, indemnify, and hold CybrHome and each of its affiliates and representatives harmless from any third-party claims, demands, suits, or other assertions of rights, and all resulting judgments, settlements, losses and expenses (including attorneys’ fees and costs ) arising out of or related to (i) your alleged breach these Terms, (ii) your alleged violation of the CybrHome Advertising Policy, or (iii) your use of the Platform, including, the content, subject matter, or targeting of any advertisement or any advertising materials hosted on the Platform at your request.
Except as otherwise provided herein, including as to cancellation of active campaigns, either Party may terminate these Terms at any time upon notice to the other party, but continued or subsequent use of the Platform by you will be subject to the then-current version of these Terms in each instance. Certain sections will survive any termination of these Terms. All claims arising out of or relating to these Terms You and CybrHome consent to personal jurisdiction and exclusive venue in those courts. Neither party will be treated as having waived any rights by not exercising--or delaying the exercise of--rights under these Terms. If a portion of these Terms is invalid, illegal or unenforceable, the rest of the Terms will remain in effect. Unless they expressly so state, these Terms do not confer any benefits on any third party. 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 these Terms, the documents will control in the following order: these Terms and the terms of any other document referenced in these Terms. All notices must be in writing and will be effective upon receipt. You agree to receive legal notices at the email address you provided when registering with us as an advertiser. Notices being sent to CybrHome must be emailed to email@example.com. These Terms do not create any agency, partnership or joint venture among the parties. Except as required by law, no party may make any public statement regarding the relationship contemplated by these Terms, without prior written approval of the other party. You may not assign any part of these Terms without our written consent. Any other attempt to assign is void.
16. Changes to These Terms
CybrHome may change or update these Terms from time to time in its sole discretion. If we do, we will let you know by revising the effective date at the top of the Terms. If we make a change to these Terms that we believe, in our sole discretion, is substantial, we will provide You with additional notice (such as an email. We encourage you to review the Terms whenever you access or use our advertising platform and services. If you continue to use our Platform for advertising, sponsoring and promotions after changes to the Terms go into effect, you consent to being bound by the revised Terms. Except for modifications to these Terms by CybrHome under this Section, any amendment to these Terms must be agreed to in writing by both parties and expressly state that it is amending these Terms.