Welcome to Melvad!
Last modified: November 23, 2020
This user agreement (hereinafter referred to as the "Agreement") governs your (hereinafter referred to as the "User", "Advertiser", "you" or "your") relationship with Melvad LLC, located at 390026, Ryazan, Leninskogo Komsomola st., 106, 18 (hereinafter - "Melvad", "we", "us" or "our") in relation to the Platform and its services (hereinafter - the "Platform") presented on www.melvad.com and its subdomains (hereinafter - "Site") including, but not limited to, any other domains currently owned and operated by Melvad.
Please read this Agreement carefully and make sure you fully understand the terms and conditions contained therein.
Definitions and Interpretations
Site – a set of information resources posted on the Internet located at the address www.melvad.com (including all levels of the specified domain), owned and operated by Melvad.
Platform – exchange for displaying advertisements on the Internet in automatic mode.
User – an individual or legal entity who is a visitor to Melvad information resources on the Internet.
Registration – the procedure by which the User gains access to the Advertiser's Account in the Platform.
Advertiser – a User who has completed the Registration procedure and gained access to the Platform for the purpose of self-posting Creatives.
Account – the aggregate of the Advertiser's Personal Data, which he voluntarily transfers for storage to the Platform, through the Registration procedure and used for his authentication, as well as for placing Creatives.
Services – certain actions or activities that Melvad performs on behalf of the Advertiser. At the same time, the process of execution of the Agreement is of value for the Advertiser, that is, the actions themselves, which do not always have a materialized result.
Creative – advertising material of any format (text, image, video, other media files, code, interactive elements, as well as any combination of them) containing an offer of a product, product or service, as well as hyperlinks to go to the Advertiser's resource.
Advertising campaign – a set of events that are carried out in order to attract the attention of the target audience to the goods, products or services of the Advertiser.
Agreement and acceptance of conditions
The Agreement may be revised and updated from time to time without notice. We will make every effort to notify you in the event of material changes to it. We also strongly recommend that you check the date of the last update, which is indicated at the top of the Agreement, and from time to time review the changes at the link www.melvad.com/terms.
To use the Platform as an Advertiser, you need to complete the Registration procedure. By registering on the Platform, you agree to our terms and conditions, which are described in the current Agreement.
When filling out the registration form, the User undertakes to provide us with complete and reliable information. If the information is knowingly false or inaccurate, then we reserve the right to deny access to the Platform or delete such an Account.
The Advertiser does not have the right to transfer the data of his Account to third parties, and also bears full responsibility for their safety, independently choosing the method of storage, and also at the end of the session must log out of his Account.
The Advertiser must promptly notify us of any unauthorized use of their Account or other security breach.
We are not liable for any losses incurred by you or any other Platform Advertiser as a result of authorized or unauthorized use of your Account.
It is forbidden for one person to create multiple Accounts without obtaining written permission from us for these actions. Unauthorized Accounts will be considered fraudulent and subject to blocking and permanent deletion.
Warranties and Disclaimer
The Site and the Platform, including functionality and documentation thereto, as well as all scripts and applications are provided "as is", without warranty of any kind, either express or implied. The user agrees that he uses the Site and the Platform at his own risk.
We are responsible for the operation, maintenance and support of the Site and the Platform around the clock, but we do not guarantee that there will be no interruptions due to technical malfunctions or preventive maintenance.
Limitation of liability
We are not responsible for any Creative, including but not limited to form or content, positioning or placement errors, infringement of the intellectual property of any third party, related to the Creative, or typographical errors of any kind. We reserve the right to reject, discontinue or remove any Creative or any part of it, but we are not obligated to do so in any way.
We are not responsible for the success or failure of the Advertiser's Advertising Campaign. All representations and warranties, whether express or implied, including but not limited to any warranties or commercial suitability of the Service for a particular purpose, are hereby rejected by us.
We are not responsible for lost profits, loss of business, impairment of goodwill or similar losses, loss of expected profits, loss of goods, loss or damage to data or information, or for any special, indirect or economic loss, cost, damage, expense or expense.
We also do not guarantee the traffic volume for any period of time.
Use of the Platform
You agree not to gain (or attempt to gain) access to the Platform in any way other than through the means provided by us or our affiliates. You agree that you will not engage in any activity that interferes with or disrupts the smooth operation of the Platform (or the servers and networks used by the Platform).
Rights and obligations of the Advertiser
The Advertiser represents and warrants that:
- Has obtained, maintains and is the owner of all marketing licenses, permits, certifications required by any applicable law, regulation, statutory or government agency and may legally operate a website or application and offer, distribute, broadcast and publicly provide various services;
- All Creatives are the sole responsibility of the Advertiser;
- Use of the Creative by us or our affiliates will not infringe any copyright, patents, trademarks, trade secrets or other proprietary rights of any third party, publicity or confidentiality rights;
- Using a Creative is granting us a limited, non-exclusive and free license to use, modify and distribute this Creative, as well as all trademarks, designs and other related rights contained in it. We or our affiliates are free to copy, disclose, distribute, include and otherwise use such Creative and all data contained in it, including images, sounds, text and other things, for any commercial or non-commercial purposes;
- Has the full right, authority, permissions, approvals and consents, including from end users (if applicable), to authorize access, store, collect, analyze, use and process (or instruct us or our affiliates to do so on his behalf) data in accordance with the terms of this Agreement, and they were and will be acquired legally, and do not violate and will not violate the rights of third parties;
- Will comply with all applicable international, national, state, regional and local laws and regulations in the field of marketing, streaming and service provision, including, without limitation and, where applicable, laws, rules and directives applicable to the processing of Personal Data and in relation to free movement of such data and protection of confidentiality;
- Will fulfill all statements and obligations stated in the Creative.
The Advertiser is prohibited from advertising goods and services of the following categories:
- Narcotic and psychotropic substances, as well as their precursors;
- Explosives and materials, except for pyrotechnic products;
- Human organs or tissues as objects of sale and purchase;
- Goods and services, the production or sale of which is prohibited or limited by the legislation of the country of location (illegal activity);
- Goods, the production or sale of which requires obtaining licenses or other special permits, in the absence of such permits;
- Tobacco, tobacco products, tobacco products and smoking accessories;
- Medical services for the artificial termination of pregnancy;
- Services for the preparation or writing of reports, dissertations, diploma, coursework, candidate's, control and other works necessary for students to pass intermediate or final certification;
- Remote sale of goods prohibited for remote sale;
- Financial pyramids;
- Software and services for changing the phone number for outgoing calls and SMS;
- Prescription drugs.
Placement of advertisements for information products intended for circulation on the territory of the Russian Federation, subject to classification in accordance with the requirements of the Federal law of Russian Federation No. 436-FZ of 2010-12-29, is allowed only if the category of this information product is indicated. The advertiser is obliged to comply with these requirements and is responsible for the correct definition of the category of the above products, if such products are the object of advertising, as well as the indication in such advertising of the corresponding category of advertising products.
The Site, Platform and intellectual property rights related to them, including but not limited to inventions, patents and patent applications, trademarks, trade names, logos, copyrighted materials, graphics, text, images, designs (including "impression and feeling" from the Site or Platform), specifications, methods, procedures, algorithms, data, technical data, interactive functions, source and object code, files, interface, graphical user interface and trade secrets, whether registered or not, belong to Melvad or licensed by Melvad and protected by copyright and other applicable intellectual property rights in accordance with the laws of the Russian Federation, foreign laws and international conventions.
You may not copy, distribute, display, publicly perform, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, use for commercial purposes, sell, rent, lend, process, compile, carry out reverse engineering, combine with other software, translate, modify or create derivative works from any material covered by Melvad's proprietary rights, including intellectual property, either by you or by someone on your behalf, by any means or by any means, if is not expressly permitted in the Agreement.
It is permitted to download and print materials from the Site and Platform solely for viewing, reading and saving for reference, and not for commercial use.
You may not move or remove any copyright notices, restrictions and marks indicating Melvad's proprietary rights, including the copyright mark [©] or the trademark [® or ™], and you represent and warrant that you will comply with all applicable laws in this relation. In addition, it is prohibited to use, dilute or color any name, mark or logo, identical or confusingly similar to any Melvad marks and logos, whether registered or not.
Third party services
The Site or Platform may use third party services. You hereby acknowledge that we have no control over the third party services and you also acknowledge and agree that we are not responsible for the availability of such services and for any services, content, advertising, products or any materials available in them. You also acknowledge and agree that we do not accept any responsibility, direct or indirect, for any damage or loss that was caused, or allegedly caused, in connection with the use of any services, content, products or other materials available in them or through them.
We determine the number of impressions, clicks, installs, conversions and other results that may not match with third-party tracking systems, and all payments will be based on these values and will be final.
For the purpose of calculating foreign exchange rates for currencies other than the Russian ruble, we use a risk-adjusted daily exchange rate. We are not responsible for the delivery of Creatives due to currency changes.
The Advertiser is responsible for reviewing Advertising Campaigns and adjusting bids accordingly.
The Advertiser must maintain a positive Account balance for the Advertising Campaigns to remain active.
Regarding the rules and procedure for using payment systems to replenish the account balance, you should contact legal entities - holders of such payment systems. We do not provide the Advertiser with explanations on issues related to the rules and procedure for using such payment systems, and also do not pay the Advertiser compensation for funds if such payments were made in violation of the rules established by payment systems, as a result of which the funds were not credited to the Account balance.
You agree to comply with all applicable local laws, including but not limited to local rules regarding online behavior and acceptable content. In particular, you agree to comply with all applicable laws regarding the transmission of technical data sent from the Russian Federation or the country in which you reside or are currently located.
Termination of use
We may, in our sole discretion, terminate or suspend an Account without prior notice of termination or suspension of accounts.
The terms of this Agreement, which could be construed as having a lasting effect (including, but not limited to, provisions relating to intellectual property rights, disclaimers and limitations of liability), will continue to apply upon termination of the Account.
Compensation for damages
By accepting this Agreement, you agree to defend and hold harmless Melvad against all losses, liabilities and costs (including legal costs) incurred by us as a result of any claims, actions or legal proceedings as a result of:
- Your use of the Site or Platform;
- Any breach of your obligations under the terms of this Agreement;
- Third party claims, including but not limited to any intellectual property rights or privacy rights.
Refunds will not be made if the Service is considered to have started and is, in fact, in progress. Any money that has been paid to us and represents payment for the provision of an unused Service is non-refundable unless we decide otherwise.
Neither party will be liable for full or partial failure to fulfill any of its obligations if such failure is a direct consequence of circumstances of an insurmountable nature beyond the control of the parties that arose after the conclusion of the Agreement.
This Agreement is governed by, construed and applied in accordance with the current legislation of the Russian Federation. The parties agree to submit to the exclusive jurisdiction of the courts of the Russian Federation.
For technical support, you can write to the address firstname.lastname@example.org and describe the nature of the problem to be solved and provide related information to improve understanding of the problem. We will use our best efforts to respond to such requests in a timely manner, but we cannot guarantee that the issue will be resolved.