Terms & Conditions
By using our services, you agree to these terms and conditions, which apply to all users, including advertisers, publishers, and visitors to our websites or platforms.
1. Definitions
a.) “Publisher” or “You”: a person or entity that hosts our ads on their website or platform.
b.) “User”: any individual person visiting a website or web page which hosts our ads.
c.) “Cyberscape Media”, “We”, “Us” or “Our”: Cyberscape Media Ltd., with registered address at Cyberscape Media Ltd., 3rd Floor, 207 Regent Street, London, W1B 3HH.
d.) “Ads”: the advertisements supplied by us, which you agree to host on your website.
e.) Parties: Cyberscape Media and the publisher (each a “Party”, and collectively, the “Parties”).
f.) “Revenue Share”: is the share of the ad revenue derived from Microsoft that is paid to the publisher.
2. Our Services
We provide Microsoft ads to publishers. We are not responsible for the content of the ads, the destination URLs or the websites on which our ads are displayed.
3. Registration and Accounts
To use our service, you will need to register and create an account. When you do so, you must provide accurate and complete information, and you agree to keep this information up to date. You are responsible for maintaining the confidentiality of your account credentials and any activities that occur under your account.
4. Acceptable Use
a.) You must not use our services for any illegal or unauthorized purpose. You must comply with all applicable laws and regulations when using our services.
b.) Approval must be obtained from us in writing for every website or portion of a website where you wish to display our ads. You must only display our ads on websites or portions of websites that have been approved by us.
c.) You must not display our ads on social media, forums, or on any website which you do not own.
d.) You must not include our ads in any emails or email promotions.
e.) You must not syndicate, transfer or sell our ads to any third-party, either directly or indirectly.
f.) You must not attempt to gain unauthorized access to our systems or those of our users or publishers.
g.) You must not modify, remove, add to or otherwise alter our ads, including any tracking links within our ads and any markings that indicate that they are ads. Our ads must be displayed contiguously, in the order provided by us, without any other ads or content being inserted into them.
h.) You must not remove any links to our privacy policy or Microsoft’s privacy policy that may be contained within the ads.
i.) You must not violate any intellectual property or privacy rights of others.
j.) You must not attempt to reverse-engineer, disassemble or decompile our algorithms used for serving the ads.
k.) You must not engage in spamming, flooding, or any other form of unsolicited user acquisition.
l.) You must not use our ads for text or data mining, or for the purposes of training any Artificial Intelligence programs.
m.) You must not create multiple accounts for fraudulent or abusive purposes.
n.) You must not deliberately click on any of our ads or allow or engage others to deliberately click on any of our ads for financial gain, or for any other reason whatsoever, without any intention of purchasing the products displayed (i.e. click-fraud).
o.) You must not intentionally employ automated programmatical methods, e.g. spiders, robots, click-bots or other automated tools or use other programmatical methods to click on any of our ads (i.e. automated click-fraud).
p.) You must not store or cache the ads in whole or in part.
q.) You must not store or cache our Javascript code or Microsoft’s Javascript code in whole or in part.
r.) You agree to hold Cyberscape Media harmless if all or part of our ads or services are unavailable to any persons or to any geographical regions for any period of time whatsoever.
s.) Event of Force Majeure: Neither party will be liable for, or be considered in breach of, or default under this agreement due to any delay or failure to perform as required by this agreement as a result of any external causes or conditions which are beyond its reasonable control and which it is unable to overcome by the exercise of reasonable diligence. Each party will provide notice to the other party as soon as reasonably possible after the occurrence of the event giving rise to the claim of force majeure and will use reasonable efforts to minimize the impact of such event of force majeure.
t.) Violation: If Cyberscape Media deems there to be a violation of these terms, Cyberscape Media may (a) suspend the service to that publisher until such violation is cured and Cyberscape Media has received assurances to its reasonable satisfaction that such a violation will not recur; or (b) require the publisher to remove or cease its implementation of the ads within five (5) days of receipt of notice of the violation, or such longer period as the parties may agree in writing for a particular violation.
5. Invoicing and Payment
a.) Payments will be issued by Cyberscape Media to the publisher in US dollars (USD) or in Pounds Sterling (GBP). (Payments in Euros (EUR) are coming soon.)
b.) Payment will be issued by Cyberscape Media to the publisher within 90 days of the end of the month in which the revenue was accrued.
c.) Cyberscape Media will provide a daily estimate of the publisher’s revenue to the publisher within its account on AIPoweredAds.com. This revenue estimate is subject to adjustment within 90 days of the end of the month in which the revenue was accrued.
d.) Product ads are only supported in countries denoted by the following country codes: UK / US / CA / DE / FR (subject to change).
e.) Cyberscape Media will provide self-billing invoices to the publisher, which will either by sent to the publisher via email or will be available from within the publisher’s account on AIPoweredAds.com.
f.) A minimum payment threshold of two hundred (200) USD/GBP/EUR shall apply to any payments due from Cyberscape Media to the publisher. Where this threshold is not met, the accrued earnings for the current calendar month will be rolled over to the following month(s) until the payment threshold is met and payment is issued.
g.) The publisher acknowledges and accepts that its earnings may be subject to deductions as applied by Microsoft and/or other payment providers that provide Cyberscape Media with ad revenue. Wherever possible, Cyberscape Media will provide proof of any such deductions to the publisher.
h.) If Cyberscape Media is not paid in whole or in part by Microsoft or any other ad provider that provides Cyberscape Media with its revenue (for any reason whatsoever), then the publisher accepts that Cyberscape Media will not be liable to make payment to the publisher on that portion of its share of the ad revenue.
i.) Reasonable deductions may be made for payment processing to cover bank charges and other charges.
6. Content and Intellectual Property
You acknowledge that all content displayed or made available through our services, including ads, web pages, and underlying technology, is the property of the respective content owners, and is protected by copyright, trademark, and other intellectual property laws.
You agree not to modify, reproduce, distribute, create derivative works of, or publicly display any content, except with the prior written permission of the respective content owner.
7. Privacy and Confidentiality
a.) The publisher and Cyberscape Media agree to hold confidential any information exchanged between the parties, including any bespoke terms of the agreement.
b.) The parties have determined that the publisher will be considered a Data Controller, as that term is defined by the applicable data protection laws, with respect to any transfer of personal data occurring under this agreement.
c.) Each party represents to the other, at all times during the term of the agreement, that it will comply with all applicable laws in its performance of the agreement, including, without limitation, applicable data protection laws, such as GDPR.
d.) Each party (“Receiving Party”) acknowledges and agrees that in performing its obligations under and during the term of this agreement, it may come into possession of, or be exposed to, confidential and proprietary information of the other party (“Disclosing Party”).
e.) The Receiving Party agrees that it shall not use any confidential information of the Disclosing Party except as is strictly necessary for the performance of its express rights and obligations under this agreement.
f.) The Receiving Party agrees that it shall not disclose confidential information to any third parties without the Disclosing Party’s prior written consent, and that it shall safeguard such confidential information as it would its own proprietary information, but in no event with anything less than reasonable care.
8. No Warranty
We provide our services on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our services, the information, content, or materials included on the platform.
To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties that arise out of the course of dealing or usage of trade.
9. Term and Termination
a.) Either party may terminate this agreement at any time without prior notice. The terminating party must inform the other party immediately upon termination.
b.) We may terminate or suspend your access to our services, without prior notice, if you breach these terms and conditions or if we believe, in our sole discretion, that your use of our services is inappropriate or unacceptable. Following termination, we may delete your account and any related information.
c.) Upon termination, publisher must remove all the ads and code supplied by Cyberscape Media from its website(s).
d.) Cyberscape Media shall pay the publisher its share of any outstanding revenue accrued up until the termination of the agreement, in accordance with the terms of the agreement.
e.) Without prejudice to any accrued rights and liabilities of either party at any time up to the date of termination or expiry, all provisions of this agreement shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or goodwill, service interruption, computer damage, or system failure, even if we have been advised of the possibility of such damages.
Our total liability to you for any damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall not exceed our share of the ad revenue (i.e. the difference between the total advertising revenue accrued and the amount paid to you), if any, for the twelve (12) months immediately preceding the date of the claim.
11. Indemnification
You agree to indemnify and hold us harmless from and against any and all losses, damages, expenses, and costs, including reasonable attorneys’ fees, resulting from any claim, suit, action, or proceeding arising out of or relating to:
a.) Your use or misuse of our services
b.) Your breach of this agreement
c.) Any allegation that you have infringed or violated the intellectual property, privacy, or other rights of any third party
12. Modifications to the Service and Terms
We may modify or discontinue our services, or any part thereof, with or without notice. We also reserve the right to change these terms and conditions at any time. You are responsible for regularly reviewing these terms. Your continued use of our services constitutes your acceptance of any changes.
13. Miscellaneous
a.) This agreement constitutes the entire agreement between the parties, and it supersedes all other agreements between the parties relating to this agreement. Unless expressly provided otherwise in this agreement, no variation of this agreement shall be effective unless it is in writing and signed by the parties.
b.) Cyberscape Media and publisher are independent contractors and nothing will be construed to create a partnership, joint venture, franchise, employment or agency relationship between Cyberscape Media and the publisher.
c.) Neither party may assign or otherwise transfer the agreement without the other party’s prior written consent, except that a party may assign this agreement without the other party’s prior written consent by operation of law, or as part of a sale, merger, consolidation or reorganization of all or substantially all of the equity or assets of a party or business unit provided that it gives notice of the same to the other party. Subject to the foregoing, the agreement will be binding upon, enforceable by and inure to the benefit of the parties and their respective successors and assigns.
d.) The rights and remedies provided in this agreement are in addition to, and not exclusive of any rights or remedies provided by law, and exercising a right or remedy does not waive other rights or remedies.
14. Governing Law and Jurisdiction
These terms and conditions are governed by the laws of England and Wales without regard to its conflict of law provisions. You agree that any dispute arising from or relating to these terms or our services shall be submitted to the exclusive jurisdiction of the courts located in England and Wales.
15. Severability
If any provision of these terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining terms shall remain in full force and effect.
16. No Waiver
Our failure to enforce any provision of these terms shall not constitute a waiver of that provision.
17. Contact Us
If you have any questions or concerns about these terms and conditions or our services, please contact us using our Contact Us form.