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TERMS & CONDITIONS
ACCEPTANCE OF ADVERTISING TERMS AND CONDITIONS OF SERVICE
Please read this policy carefully so that you understand our online privacy practices.
TYPES OF INFORMATION
The information collected by PlayMyAd, Inc. falls into two categories. The first category includes information, personal or otherwise, that you voluntarily supply to us online. The second category is information that is generated automatically as you navigate online through our website. This may include usage patterns and user preferences.
BROWSER AND IP ADDRESS INFORMATION
Our web servers automatically collect limited information about your computer configuration when you visit our site. This information may include items such as the browser software you use, the operating system you are running, the website that referred you, and your IP address. Your IP address is used to identify your computer so that we can send you the data you have requested (Your IP address does not tell us who you are). We also use IP address information for systems administration, troubleshooting and to measure traffic within our site.
COOKIES
We use “cookies” in a limited way to help deliver our web pages and to identify unique browsers that visit our website. We also use cookies to track usage throughout our site. The only personal information a cookie can contain is information you supply.
CONTESTS AND PROMOTIONS
From time to time, we may offer contests or other promotions on our website. If you enter one of these contests or promotions, you will need to provide PlayMyAd, Inc. with information about yourself such as your name, address and email address so that we can contact you if you win. By entering a contest or promotion, you allow PlayMyAd, Inc. to use your name and address for mailing-list purposes, and winners grant PlayMyAd, Inc. the right to use their names and/or likenesses for promotional purposes without further compensation. If you do not want us to collect or use this kind of information then please do not enter the contest or promotion.
LINKING
This site contains links to other sites. This site is not responsible for the privacy practices or the content of such websites. When linking to another site, you may still see our site’s logo or frame. This is to provide you with a better experience when visiting our website. In these cases you are no longer on PlayMyAd.com and are now on a different website whose information collection practices may be different than ours. Please check the privacy policy of those sites to determine how they collect personal information.
FEES AND PAYMENT
Customer understands and agrees that the prices for each advertising location available on the Ad Service may vary based on the location, number of average financial transactions and other factors, and that the price quoted for any Ad Order, plus applicable taxes, is firm. PlayMyAd will calculate total fees for an Ad Order and charge Customer’s credit card once the Ad Order is completed and Customer has agreed to the Terms.
AUTHORIZATION TO CHARGE CREDIT CARD
By submitting an Ad Order to PlayMyAd, Customer authorizes PlayMyAd to charge the credit card (which Customer represents and warrants that Customer is authorized to use) all applicable fees for the ad campaign specified in such Ad Order, in United States dollars, including all applicable taxes, as described in this Agreement.
ORDER CANCELLATION
Customer may cancel an Ad Order with a request in writing to PlayMyAd and PlayMyAd will remove Customer Ad(s) from display(s) specified by Customer within thirty (30) days. No refunds will be due or payable to Customer should Customer cancel an Ad Order(s) prior to the end of the applicable term. Customer may cancel an Ad Order(s) by sending written notice to support@playmyad.com no less than 30 calendar days prior to the effective date of such cancellation.

If paying by Credit Card, Customer warrants to PlayMyAd, Inc. that he/she/they is authorized by Customer and by the entity issuing the credit card described above, to make changes to such credit card and to sign on behalf of the credit card holder. Furthermore, by execution hereof and by providing the credit card information listed above, the Customer fully authorizes PlayMyAd, Inc. to charge such credit card on a regular basis (i.e., when the charges would typically be invoiced to Customer by PlayMyAd, Inc. in the regular course of business) for the services and charges described above.
EXPIRED OR REFUSED CREDIT CARD
If PlayMyAd does not receive payment from Customer’s credit card provider or if Customer’s credit card is expired or is rejected, Customer’s Ad Order will not be valid and Customer’s ad campaign will not air on PlayMyAd’s network. In the event Customer’s credit card provider reverses any charges related to Customer’s payment for Ad Order on PlayMyAd’s network, Customer’s Ad Order will be cancelled and Customer will be responsible for all reasonable expenses (including attorneys’ fees and costs paid to outside counsel and reimbursement for in-house counsel time at rate equal to counsel’s then-current fully-allocated compensation and overhead) incurred by PlayMyAd in collecting Customer’s original dollar amount due to PlayMyAd.
AD SUBMISSION AND LICENSE TO ADVERTISER CONTENT
Customer may upload ad(s) specific to Customer’s Ad Order to PlayMyAd.com after Ad Order has been processed and Advertising Terms and Conditions have been agreed to by Customer. Customer must not create or upload ads unless Customer owns all necessary rights, or has permission from the rightful owner of content within the ad. Customer’s ad will be rejected by PlayMyAd should PlayMyAd determine that ad (a) is false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive; (b) encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) advertises products or services competitive with PlayMyAd or its partners’ products and services, as determined by PlayMyAd in its sole discretion; or (e) does not achieve the creative standards of PlayMyAd, as determined by PlayMyAd in its sole discretion. Customer remains solely responsible for any errors or omissions in Customer’s ad and any liability arising out of Customer’s ad. Customer acknowledges that PlayMyAd or one or more advertising venue(s) may, in their sole discretion, refuse to accept any creative work (including but not limited to video, illustrations, photographs, copy and/or drawings) for the preparation of the Ad, or may withdraw any previously accepted Ad from display at any time and may request the Customer to submit new creative work. In the event the Customer requires or requests a change in the Ad during the Service, additional charges will apply.
COPYRIGHT INFRINGEMENT
PlayMyAd makes no claim of ownership hereunder to any trademarks or copyrights in materials provided by Customer. Customer is not granted any rights in PlayMyAd’s trademarks or copyrights.
AD PLACEMENT
To place an Ad Order on PlayMyAd’s Service, Customer may submit an Ad Order to PlayMyAd via Customer’s account or contact a sales representative, as further described on PlayMyAd’s website. Customer is solely responsible for the selection of all display locations for Customer’s ad and for handling all inquiries relating to Customer’s ad.

PlayMyAd does not guarantee that Customer’s ad will be available through any part of the applicable Service, and Customer accepts that PlayMyAd reserves the right to not place Customer’s ad, move ad to a different display(s), and/or discontinue placing Customer’s ad within the applicable Service. PlayMyAd is not responsible for, nor makes any claims regarding changes in operating hours of display(s) within its network. Customer should be aware that at any time, new display(s) may be added to, or display(s) may be removed from PlayMyAd’s network.
RESTRICTIONS
Customer must comply with all applicable laws when using PlayMyAd’s Service. Except as may be expressly permitted by applicable law or authorized by PlayMyAd in writing, Customer will not, and will not permit anyone else to: (a) use any automated tool to use Service; (b) rent, lease, or sublicense Customer’s access to Service to another person; (c) circumvent or disable any digital rights management, usage rules, or other security features of Service; (d) use Service in a manner that threatens the integrity, performance, or availability of Service; (e) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of Service; (f) continuously book and release ad inventory; or (g) place an Ad Order for a location without subsequently providing an ad within the required time before the start date of the ad campaign.
TERM AND TERMINATION
The term of each Ad Order shall commence on the effective date set forth in the applicable Ad Order (the “Commencement Date”) and continue for the period designated in the Ad Order (the “Initial Term”) unless earlier terminated pursuant to the provisions of this Agreement. Unless previously terminated pursuant to the provisions of this Agreement, each Ad Order shall automatically be renewed at the end of the Initial Term, and each monthly anniversary thereafter for an additional term of one calendar month (each, a “Renewal Term”), with each Renewal Term being subject to the termination provisions of this Agreement; provided, however, that Customer may elect not to so renew an Ad Order after the Initial Term or any Renewal Term without any liability or obligation to Customer by providing PlayMyAd with written notice at least 30 calendar days prior the end of the Initial Term or the then applicable Renewal Term of Customer’s election not to so renew the Ad Order in the manner set forth in “Order Cancellation,” above. PlayMyAd may terminate this Agreement and Customer’s account at any time for any reason by providing Customer with notice in any reasonable manner, including via email and via notices posted on the applicable Service. Customer’s rights under this Agreement will terminate automatically if Customer breaches any material part of this Agreement.

Upon termination of this Agreement and closure of Customer’s PlayMyAd account, any pending Ad Order will be cancelled. Customer will remain liable for all obligations related to Customer’s account even after such account is closed. PlayMyAd is not liable for any loss of ads, messages, data, or any other information caused by any closure of Customer’s PlayMyAd account.
OWNERSHIP
PlayMyAd, its affiliates, and suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for those rights expressly granted in this Agreement, no other rights are granted, either expressed or implied, to Customer.
DISCLAIMER OF WARRANTIES
CUSTOMER’S USE OF PLAYMYAD’S SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLAYMYAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PLAYMYAD DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SERVICE, AND CUSTOMER RELIES ON SERVICE AT CUSTOMER’S OWN RISK. ANY USER CONTENT TRANSMITTED THROUGH THE USE OF SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM PLAYMYAD OR THROUGH OR FROM SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
NEITHER PLAYMYAD NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLAYMYAD HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM CUSTOMER’S USE OF SERVICE. UNDER NO CIRCUMSTANCES WILL PLAYMYAD’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY CUSTOMER TO PLAYMYAD FOR THE AD ORDER GIVING RISE TO THE CLAIM, OR $10.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY PLAYMYAD TO CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.

Indemnity Customer defends, indemnifies and holds PlayMyAd, and its subsidiaries, affiliates, officers, agents, employees, licensors, and suppliers harmless from any costs, damages, expenses, and liability caused by the Customer’s ad or Customer’s use of Service, Customer’s violation of this Agreement, or Customer’s violation of any rights of a third party through use of Service.

Updates to this Agreement PlayMyAd may occasionally update this Agreement. When updates are made, Customer may view the most current version at http://www.PlayMyAd.com/http://www.playmyad.com/policies#term. It is Customer’s responsibility to review the most recent version of the Agreement and remain informed about any changes to it. By continuing to use Customer’s PlayMyAd account or Service, Customer consents to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between Customer and PlayMyAd regarding the Service.

General Legal Notices PlayMyAd’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. PlayMyAd will have no liability to Customer for any failure or delay in the performance of its obligations under this Agreement on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, internet outages, computer virus, acts of god, war, governmental action, or any other cause that is beyond PlayMyAd’s reasonable control.

By using Service, Customer consents to receiving electronic communications from PlayMyAd. These communications will include notices about Customer’s account and information concerning or related to the Service. Customer agrees that any notice, agreements, disclosure or other communications that PlayMyAd sends to Customer electronically will satisfy any legal communication requirements, including that such communications be in writing.

This Agreement is governed by the laws of the State of California, excluding conflicts of law principles. Any legal actions against PlayMyAd must be commenced within one year after the claim arose. Customer irrevocably consents to the exclusive jurisdiction of the federal, state and local courts located in the County of Orange, California.

Any controversy or claim arising out of or relating to Service or this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the County of Orange, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by California law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

CONTACTING PLAYMYAD
Any questions or concerns about this Agreement or Service, should be sent with a thorough description by email to support@PlayMyAd.com.