Terms and Conditions for Advertisers.


DISCLAIMER AND LIMITATION OF LIABILITY.

YOUR USE OF THE SERVICES AND ADVERTISING PLATFORM IS AT YOUR OWN RISK. THE SERVICES AND ADVERTISING PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND.

ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIMEAD.IN MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) YOUR ADVERTISING WILL BE DELIVERED ON AN ACCURATE, TIMELY, OR CONTINUOUS BASIS; (C) ANY CONVERSION RATES, USER CLICK-THROUGHS, INTERNET TRAFFIC, OR OTHER COMMERCIAL RESULTS WILL BE OBTAINED THROUGH YOUR ADVERTISING; (D) THE TRANSMISSION OF INFORMATION TO OR FROM THE ADVERTISING PLATFORM WILL BE SECURE; (E) THE ADVERTISING PLATFORM WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; (F) THE ADVERTISING PLATFORM WILL BE COMPATIBLE WITH YOUR COMPUTER OR SOFTWARE; (G) ANY INFORMATION ON PUBLISHERS SUCH AS TRAFFIC, SIZE OF AUDIENCE, OR USER DEMOGRAPHICS OR CHARACTERISTICS, WILL BE ACCURATE, TIMELY OR COMPLETE; OR (H) ANY PUBLISHER WEBSITE WILL BE CONTINUOUSLY DISPLAYING YOUR ADVERTISING OR GENERALLY AVAILABLE OR RESPONSIVE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) PRIMEAD.IN AND ITS PUBLISHERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA, OR LOSS OR INTERRUPTION TO YOUR BUSINESS) WHETHER UNDER THEORY OF CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH), TORT (INCLUDING WITHOUT LIMITATION STRICT LIABILITY OR NEGLIGENCE IN ANY DEGREE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (II) PRIMEAD.IN'S AGGREGATE LIABILITY FOR DIRECT DAMAGES IS LIMITED TO THE GREATER OF (1) TWENTY-FIVE PERCENT OF THE AGGREGATE ADVERTISING FEES PAID BY YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE ACTION GIVING RISE TO THE LIABILITY AND (2) US $10.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.