Advertising Policy

This Advertising Policy governs the posting of advertising and promotional material on DMDb (“Advertising Content”) on DMDb and is subject to and made part of DMDb’s Terms of Service. In the event of a conflict between a term of the Terms of Service and this Advertising Policy, this Advertising Policy shall govern such term.

Prohibited Advertising Content

Advertising Content shall not:

  1. be untrue, false, misleading or otherwise inaccurate;

  2. offer or promote the sale of illegal goods or services;

  3. offer or promote the sale of regulated goods or services including, without limitation, pharmaceuticals, alcohol, tobacco, fireworks, weapons, gambling or medical devices;

  4. libel, defame or invade the privacy of any person;

  5. promote or provide instructions for criminal or other illegal activity, violence, suicide or self-harm;

  6. be obscene, harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable in the sole determination of Provider or otherwise contrary to the laws or regulations of any location where such material may be accessed;

  7. infringe the intellectual property, trade secret or proprietary rights of any third party;

  8. promote the harassment, emotional or physical harm or bullying of another person or group of persons; or

  9. contain a threat of any kind, including, without limitation, threats of physical violence.

Right to Use Advertising Content and Legal Compliance

The person placing advertising on DMDb (“Advertiser”) acknowledges and agrees that (i) Advertiser’s Advertising Content is an original work of authorship and does not violate the copyright, trademark, patent or other intellectual property rights of any person or entity or otherwise infringe or interfere with the rights of others; and (ii) that Advertiser owns that Advertising Content or Advertiser has received all necessary permissions, clearances and authorizations relating to the Advertising Content, including, without limitation, to use all music and the names, likenesses, voices and images of all persons appearing or used in the Advertising Content and to upload, display, distribute and publish the Advertising Content on DMDb.

All Advertising Content shall comply with all laws, statutes and regulations governing advertising.

Fees

If You enter into an agreement for the placement of Advertising Content on a DMDb user’s social media page, Provider, in consideration for the provision of the DMDb platform, shall be entitled to a portion of the payment for such advertising in the amounts and in accordance with the terms set forth at ___________________.

Taxes

Advertiser and the DMDb user (“User”) accepting advertising on its DMDb social media pages are responsible for the payment of any and all taxes applicable to the placement of such Advertisement Content and and any payments therefor.

Communications and Payments

All communications, negotiations and offers made between Advertisers and Users regarding the placement of Advertising Content on DMDb shall be made exclusively through the communication means provided by Provider and be solely between the Advertiser and the User and/or their authorized representatives and not Provider.

All payments for the placement of Advertising Content shall be exclusively made through the DMDb Advertising Platform.

Right To Remove Advertising Content

In the event that Provider receives a complaint that Advertising Content violates any applicable law, statute or regulation, Provider shall have the right to immediately delete or disable such Advertising Content and provide the complainant with the name and contact information of the user that posted the Advertising Content on DMDb.

Provider retains the right to delete from DMDb or otherwise disable any Advertising Content which Provider in its sole discretion considers violative of any provision of this Advertising Policy or DMDb’s Terms of Service.

In the event that Provider deletes or disables Advertiser’s Advertising Content as a result of a violation of this Advertising Policy or DMDb’s Terms of Service or a complaint that Advertiser’s Advertising Content violates any applicable law, statute or regulation, Advertiser will not be entitled to a refund of any fees that Advertiser paid to Provider or another user in connection with the posting of Advertiser’s Advertising Content.

No Exclusivity

Advertiser acknowledges and understands that that Provider shall have the right to permit the advertising of goods and services on DMDb that are the competitive with, the same as or similar to the good and/or services advertised or promoted in Advertiser’s Advertising Content.

Indemnification

ADVERTISER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS PROVIDER AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM ADVERTISER’S ADVERTISING CONTENT INCLUDING, WITHOUT LIMITATION, A VIOLATION OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING THE RIGHT OF PUBLICITY, VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION OR A BREACH OF THIS ADVERTISING POLICY OF DMDb’s TERMS OF SERVICE.

Right to Terminate Advertising Agreement

In the event that Provider commits an act that brings Provider into public disrepute, contempt, scandal or ridicule reasonably deemed by Advertiser to be of a derogatory nature towards Advertiser or the goods or services advertised or promoted in Advertiser’s Advertising Content which tends to injure the reputation or success of Advertiser or any of Advertiser’s products or services, Advertiser may cancel its advertising agreement with Provider on two (2) business days written notice (the “Termination Date”) and receive a refund of any payments made to provider for Advertising Content scheduled to be displayed on DMDb after the Termination Date.

If you elect to purchase future ad space on either the DMDb Backsin (and Overlay) or a Member’s Social Backskin, all prepaid fees are non-refundable except where required by applicable law.