The ADFALCON Network and Website is an online and offline mobile advertising network created, owned, and operated by NOQOUSH Mobile Media Group FZ-LLC (hereinafter Company) a company registered in the UAE under No.20520 in Dubai Media City Free Zone with its principal address at office number 714, Al Thuraya Tower No 2, Tel +971 44280772, Fax +971 4482077, e-mail email@example.com , P.O Box: 454501 Dubai, United Arab Emirates.
These Terms and Conditions govern the use of Company's website at www.adfalcon.com and its related online and offline services (hereinafter ADFALCON Site), at which Company sells its available mobile adevertising inventory to advertisers (hereinafter Service) to display mobile ads on mobile media properties through access to and use of the ADFALCON Site and Services.
By clicking "I agree" button, you expressly declare that you are older than 18 years and that you are strictly an advertiser, its client or agent (collectively hereinafter Advertiser) and that you wish to contract with us to use the ADFALCON Service; and you undertake that you have read this agreement and understand and accept, in full, the terms, conditions and covenants contained in this Agreement. By clicking "Cancel" button, you disagree with these terms and conditions or any part of these terms and conditions, hence you must not use nor have any right to use the ADFALCON Website and Service.
Under this Agreement, Company agrees to sell the ADFALCON Service to Advertiser and Advertiser agrees to purchase the ADFALCON Service from Company. For online purchases, Advertiser shall fill and send online applications to Company via the ADFALCON Site. For offline purchases, Advertiser shall send direct purchase orders to Company by e-mail, mail or fax.
Upon approval and acceptance of Advertiser's application or purchase order by Company, Company shall sell Advertiser the ADFALCON Service and Advertiser shall purchase and use the ADFALCON Service in accordance with the following terms and conditions:
Mobile Ad(s): means advertisements prepared for display on mobile applications.
Mobile Media Properties: means any mobile application and/or compatible mobile websites.
Ad Campaign: means any mobile ad bundle requested by any advertiser
Content: means text, graphics, photographs, video, audio and/or other data or information relating to any subject and/or advertisements
Agreement: means this Agreement, together with the Annex hereto, as the same may be amended or supplemented by Company from time to time in accordance with the provisions hereof.
Net Revenue: means revenues actually received by Company from sale, use or other disposition of Mobile Ads displayed on mobile media properties less total of agencies fees and/or agencies commission and/or third party fees.
Person: means any individual, partnership, corporation or organized group of persons, including agencies and other instrumentalities of governments and states.
Intellectual Property Rights: means any trademarks, trade names, logos and registered designs all other patents, trademarks, trade names, logos, designs, symbols, slogans, copyrights, know-how, information, drawings, plans and other identifying materials whether or not registered or capable of registration
Confidential Information: means all statistics, reports, and all other information know-how, techniques, materials and data imparted or made available by either Party to the other Party or vice versa which is (i) designated as confidential, (ii) known by either party to be considered confidential, or (iii) by its nature inherently or reasonably to be considered confidential.
3. Obligations of Advertiser
Advertiser hereby warrants, agrees and undertakes as follows:
4. Restrictions of Advertiser
Advertiser hereby warrants, agrees and undertakes as follows:
5. Terms of Payment
In consideration of the acquirement of the ADFALCON Service, Advertiser shall pay Company in accordance with the following terms:
6. Default on Payments:
If Advertiser fails to pay any due sums, Company shall be entitled to immediately suspend or terminate this Agreement and any pending, continuing or planned ADFALCON Service for Advertiser and Company shall further have the right to ban Advertiser access to the ADFALCON Site .
7. Acceptance Not A Waiver.
Company's acceptance of any of payments from Advertiser under this Agreement shall not prevent it at any later date from disputing the amount owed or from demanding more information from Advertiser regarding payments finally due, nor shall such our acceptance constitute a waiver of any other breach Advertiser commits to the provisions of this Agreement.
8. Limitation of Liability and Indemnity
9. Intellectual Property
12. Consequences of Termination
Company may change, suspend or discontinue the ADFALCON Services (or Advertiser access thereto) at any time, including the availability of any feature, advertisement, publisher or Content, without notice or liability. Company reserves the right, at its discretion, to refuse to allow access to the ADFALCON Services to Advertiser at any time
14. Governing Law
This Agreement shall be governed by and construed in all respects in accordance with the laws of England. The courts of England shall have exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this agreement, save that Company shall retain the right to bring proceedings against Advertiser in the courts of any other country which has jurisdiction. Notwithstanding the foregoing, nothing herein prevents Company from applying to the courts of any other country for injunctive or other interim relief.
All the rights rendered to Advertiser under this Agreement may not be assigned or transferred to any other person.
Each of the restrictions and provisions contained in this Agreement and in each clause and sub-clause hereof shall be construed as independent of every other such restriction and provision to the effect that if any provision of this Agreement or the application of any provision to any person, firm or company or to any circumstances shall be determined to be invalid and unenforceable then such determination shall not affect any other provision of the Agreement or the application of such provision to any person, firm, company or circumstance all of which other provisions shall remain in full force and effect.
17. No agency/partnership
Nothing in this Agreement shall constitute a partnership between the parties or shall authorize either party to assume or attempt to assume any obligation in the name of or on behalf of the other.
Company's waiver of any breach or default of any of the provisions of this agreement by Advertiser shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on Company's part to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
19. Force majeure
Neither party hereto shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including but not limited to fires strikes (of its own or other employees) insurrection or riots embargoes container shortages wrecks or delays in transportation inability to obtain supplies and raw materials requirements or regulations of any civil or military authority (an "Event of Force Majeure").
The recitals and annexes constitute an integral part of this Agreement.
In respect of this Agreement , we shall only accept Ads with the following technical specifications :
A text to be displayed below the Ad; 40 characters long.