This Agreement is split into two parts:
- End User License Terms and Conditions
- End User Terms and Conditions
The following terms and conditions (“Terms”) govern your (whom we refer to as “you”, “your” or the “Customer” in this document) access to and use of the Cloud Software and electronic service for creation and handling of online advertisements (the “Service”) offered by Ae Media Pte Ltd and/or reseller/partner of Ae Media Pte Ltd. (we refer to ourselves as “Ae Media”, “we”, “us” or “our” in the document).
Your access to and use of the Service is subject to acceptance and compliance to these Terms.
- Registration and eligibility
To create an Account, you should be at least 18 years of age. If you are younger than 18 years of age, then you need to ensure your parents consent to your using the Service and redeeming rewards. To register, you must be operating a legitimate registered business in order to create an account.
When you register your account, you will be asked to provide your email as a username and a password, as well as information about your business. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to anyone else. You will be solely held responsible for all activities and actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; (ii) electronic records to store information related to the Terms or your use of the Service.
- Use of the Service.
We hereby grant a non-exclusive right to use the Cloud Software and the Service.
Without limiting the generality of the foregoing, any advertisements, applications, or websites that utilize the Service must comply with this Policy. At any time and for any reason, in its sole discretion, We reserve the right to: (i) refuse any advertisements, content, application, or website; and (ii) modify this Policy at any time without notice. Any such modifications shall be effective and applied prospectively from the date of posting on the Site. The Cloud Software and the Service may not be used for illegal purposes or purposes that violate any applicable laws and regulations or for any other purposes that are or may be perceived as illegal, obscene, abusive, libellous, threatening, vulgar or otherwise can be regarded reprehensible.
- Prohibited use of the Service
Users may not access or use, or encourage, promote, facilitate or instruct others to access or use, the Cloud Software or the Service (including your advertisements, application, or website in connection with the Service) for any illegal, harmful or offensive purpose, or to transmit, store, display, distribute or otherwise make available content or data that is illegal, harmful or offensive. Prohibited activities or content for the Cloud Software, the Service, and any advertisement, website or application utilizing the Service, include, but are not limited to the list below. Users may not have, transmit, store, display, distribute or otherwise make available content or data that includes references to:
– Illegal Activities. The violation of any law, rule or regulation or otherwise in violation of any third party’s rights. This includes, without limitation: (i) the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization (including, but not limited to piracy); (ii) the violation of any privacy or third party rights; or (iii) the use or transmission of any material that constitutes an illegal threat or violates export control laws.
– Offensive Content. Content that is obscene, sexually explicit, adult (including, but not limited to, sexual enhancement), offensive or defamatory, or any content that contains nudity or is otherwise objectionable in our sole discretion. This includes, but is not limited to, content that promotes hatred towards groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status or sexual orientation/gender identity.
– Violent or Harassing Content. Content that contains depictions of violence or content that is threatening, harassing, sexually violent, or bullying in nature towards humans or animals.
– Harmful Content. Content that contains or transmits any data, sends or uploads any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code.
– False or Misleading Content. Content that is false, misleading or deceptive, including but not limited to content that: (i) appears confusingly similar to any other product or application; (ii) misrepresents or falsely implies an association with another company; (iii) mimics functionality or warnings from any operating system or mobile application; or (iv) provides links to any other site that mimics or passes itself off as another application or service.
– Violation of Third Party Platform Policies. Users may not violate any third party platform policies (e.g. iOS/Apple or Android).
– Sensitive Content. Content that is sensitive, of extreme political nature, inappropriate, unethical, bigoted, exploitative (including, but not limited to, international dating, casual dating, or suffering).
– Other Prohibited Content. Users may not transmit, store, display, distribute or otherwise make available content or data that includes references to pyramid schemes, Ponzi schemes, chain letters, hacking or cracking, fake/false identification, pay to click, solicitation of funds, gambling, alcohol, tobacco, drugs (including related paraphernalia or beating a drug test), content or software that collects information from users without their consent, any software installation process or procedure initiated as the direct or indirect result of a page or advertisement view, or firearms, including without limitation ammunitions, fireworks and explosives;
– Other Prohibited Uses. You may not: (i) resell or redistribute the Service, or any part of the Service, or otherwise use the Service for any purpose other than your own personal or internal business use, unless pursuant to a separately executed agreement between you and Ae Media Pte Ltd; (ii) reverse engineer, distribute, modify, transmit, reuse, repost, use, or create derivative works based on the content of the Cloud Software or the Service in whole or in part for any purpose, without written permission from Ae Media Pte Ltd; (iii) use the Cloud Software or the Service for any mission or life-critical purposes, including the migration of any data which, if lost or corrupted, could endanger the health or safety of any person; (iv) use the Cloud Software or the Service in ways that may be harmful to others or our reputation, including the use of any portion of the Service as a destination linked from or to transmit any unsolicited bulk messages or unsolicited commercial messages; or (v) use the Site or Service in any manner that we otherwise states on the Cloud Software or the Service is prohibited.
– Compliance with the Law . All content in an advertisement, application, or website should comply with all applicable laws and disclosures. All disclosures required under law and by Ae Media Pte Ltd or other third parties, must be clear, conspicuous, and legible.
- License to Advertisements
You hereby grant to us a non-exclusive, worldwide, royalty-free license to reproduce, distribute, display, edit, modify, enhance and otherwise use the Advertisements (including any trademarks therein) in connection with our provision of the Service, including, without limitation, copying and distributing Advertisements to Consumers, on applications and websites, and to third party service providers.
- Advertising Campaigns.
We will deliver Advertisements on behalf of you to Consumers in accordance with the criteria established through your Advertiser Campaign. Each Campaign shall specify the information necessary for us to deliver the Advertisements, which information may change from time to time. We do not control, endorse or adopt any Advertisements. We are not responsible or liable in any manner for any Advertisements or Campaigns and undertakes no responsibility to update or review any Advertisements or Campaigns.
We reserve the right to reject or remove any Advertisements for which the advertising materials do not comply with the Terms.
We accept all popular credit cards and PayPal payment methods in JPY and USD transactions only.
Our designated payment processors are BrainTree and PayPal. When you make a payment to us, you confirm that you have the permission to use that payment method. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the payment method you designate for the transaction. When you complete the online payment form, funds will be deducted from your credit card or PayPal account in JPY and USD.
Online payments are secure:
– Payments are processed directly by our designated payment processor
– All sessions are secured by Secured Socket Layer (SSL)
– Credit card numbers are protected with a high level of encryption when transmitted over the Internet
– We do not have access to your credit card details
– If successful, BrainTree or PayPal will confirm that your payment was completed
– If unsuccessful, BrainTree or PayPal will advise that your payment has failed. We may not be advised on why a payment has failed, therefore, you should check with your credit card provider or PayPay account for details.
– If your payment fails, please arrange an alternative payment method promptly to ensure continuous use of the Service
- Refund Policy
We offer the right to use the Service for free for customers to have adequate opportunity to assess the value of these services prior to purchasing credits for sending advertisements.
Unlike physical goods, electronically distributed software and deliverables can be duplicated. Once a purchase has been made, it is unfortunately not possible for us to recall all copies/deliverables . Therefore, the Company does not accept refunds, returns, or exchanges. No refunds will be given, except in the Company’s sole and absolute discretion.
Security is an important area for us and we continuously work to maintain the highest level of security. We are using third party redundant Amazon Web Services to deliver the Cloud Software and the Service, which guarantee us to scale our services with your needs. We make backups to increase your data protection, but we cannot be held liable for any faults, failures, errors, or issues, including permanent data loss due to third party server issues. Data may be backed up and stored in multiple locations.
- Ownership and Proprietary rights
The Cloud Software, including the individual images, graphics, logos, text and layout, as well as the compilation of the content displayed on the Cloud Software (the “”Content””), is the copyrighted property of Ae Media. The names of other companies and products displayed on the Cloud Software are the trademarks of their respective owners. All such trademarks, service marks and logos displayed on the Cloud Software, whether owned by Ae Media or various third parties, are referred to herein as the “”Trademarks.”” Except as otherwise granted in these Terms, nothing contained on the Cloud Software should be construed as granting, by implication, or otherwise, any license or right to use any of the Content or Trademarks.
It is Ae Media’s policy to terminate your access to the Service if you infringe the copyright rights of others & usage conditions upon receipt of proper notification to Ae Media by the copyright owner or the copyright owner’s legal agent.
- Availability of Service
The services and software are provided “as is”, at your own risk, without express or implied warranty or condition of any kind. We seek to provide very high quality software with very high service availability. We are obliged to remedy critical software quality issues and service disruptions in the shortest possible time within our best effort.
You can stop using the Service any time. We reserve the right to suspend or end the Service at any time, with or without cause, and with or without notice. If we suspend or terminate your use, we will try to let you know 6 months in advance and help you retrieve data and inform your customers, though there may be some cases (for example, repeatedly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
- Disclaimer of warranties
The Cloud Software and the Service herein is provided “”as is”” and without warranties of any kind, either express or implied. Except as otherwise required by law, Ae Media disclaims any and all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Additionally, neither Ae Media nor its third party partners warrant that access to this site will be error-free or uninterrupted. Ae Media does not warrant or make any representations as to the accuracy of any information, results, or content provided on the site or in any email communication sent by or on behalf of Ae Media.
You shall defend and indemnify Ae Media and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Service or violation of these Terms.
- Limited Liability
Ae Media assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing this site or your downloading of any materials, data, text, images, video or audio from the site. In no event shall Ae Media be liable for any injury, loss of data, stolen data, claim, business interruption, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site), or (iii) the performance or non-performance by Ae Media, even if such party has been advised of the possibility of damages. In no event shall our liability to You for all damages (other than as may be required by applicable law) exceed, in the aggregate, the amount of USD$50.00.
AE MEDIA (“us”, “we” or “our”) is committed to protecting and respecting your privacy. This Statement together with the Term and Conditions and Cookies Policy and the documents referred to in them sets out the basis on which any personal data we collect from you or that you provide to us (“Data”) will be processed by us. Please read this Privacy Statement carefully to understand our treatment and use of Data.
In this Privacy Statement, references to “you” means the person whose personal information we collect, use and process.
We will use your personal data only for the purposes and in the manner set forth below, which describes the steps we take to ensure the processing of your personal data is in compliance with the Personal Data Protection Act (the “Acts”), European Union Law including the General Data Protection Regulation (the “GDPR”) and any subsequent amendments (together the “Data Protection Legislation”).
If you do not agree with or are not comfortable with any aspect of this Privacy Statement, your only remedy is to not become a customer of AE MEDIA.
We seek to maintain the privacy, accuracy, and confidentiality of personal information (including your personal data) that we collect and use concerning our customers.
- The Controller Of Personal Information and contact
the Data Controller is Ae Media Pte Ltd, a private company registered in Singapore (Company registration number 201728757W) with the address 27 Purvis Street, #03-02 An Chuan Building, Singapore 188604. The Data Controller can be contacted at support@Ae Media.com
- What Personal Information is collected and processed?
We may collect and process the following categories of information about you:
your personal information (e.g. name, gender, date of birth, address, email and phone number);
your authentication information (e.g. tokens); and
your financial information (e.g. credit card number and billing data)
- What do we use your Personal Information for?
4.1 The main purposes for which we use your personal information are:
Process your account;
Provide services relating to your account and to work on improving our services to you (including service communication, insight, research, customer surveys and feedback);
To provide you with relevant marketing communications;
To support other administrative purposes;
Comply with all legal and regulatory requirements
4.2 The legal basis for this use and other processing will include (as relevant):
if you have provided us with your consent to the processing of your personal data;
to enable us to perform our obligations under any contract with you;
processing for legitimate interests provided these are not overridden by your interests and fundamental rights and freedoms (this includes our own legitimate interests and those of other entities in the AE MEDIA), in particular this is relevant when we use and process your personal data in order to respond to your enquiries and to address our good governance obligations; and
we may also disclose your personal information to governmental and regulatory bodies and other third parties where required to do so by applicable law, such as to comply with a court order or a request from a regulator or similar legal process or where otherwise necessary to comply with a legal obligation or for the administration of justice.
4.3 In addition, in the event of a merger, acquisition, or any form of sale of some or all of our assets to a third party, we may also disclose your personal information to the third parties concerned or their professional advisors. In the event of such a transaction, the personal information held by AE MEDIA will be among the assets transferred to the buyer
4.4 The provision of personal data is a contractual requirement and may also be a statutory requirement, and is necessary to process your application or for the performance of a contract. If your personal data cannot be processed this may have an impact on fulfilling our rights and obligations
4.5 We do not knowingly process personal data from persons under the age of 13 years. If it comes to our attention that we are processing such personal data, we shall delete such personal data immediately
4.6 When you close your account, we may continue to process your personal data, to the extent permitted by applicable law, for the purposes detailed above
- RECIPIENTS OF THE PERSONAL DATA
5.1 We may disclose your personal information to third parties, including the following:
Third party service providers;
Others, where it is permitted by law, or where we have your consent.
5.2 International Transfers
Due to the global nature of AE MEDIA, your personal data may be transferred to AE MEDIA entities located in other countries, including outside the European Economic Area (“EEA”). These other countries may either have different data protection laws than your country of residence or they may not have data protection laws. Steps will however be taken to put in place safeguards (including around security) to protect your personal data when it is in other countries. If you have any questions please contact us at support@Ae Media.com.
Your personal information may be transferred, stored and processed in one or more countries outside the European Economic Area (“EEA”), including the United States of America, Singapore, Australia, India, China and Japan
For transfers of your personal data to third parties outside of the EEA, we take additional steps in line with data protection laws.
In addition, we take reasonable steps to ensure that your personal information is adequately protected in accordance with the Acts and the GDPR
- Period for which the personal data will be stored
6.2 The criteria we use to determine data retention periods includes the following:
Retention in case of queries
Retention in case of claims
Retention in accordance with legal and regulatory requirements
Retention permitted under applicable law
Please note that, although reasonable efforts will be taken, it may not always be possible to completely remove or delete all of your personal information from our databases because of back-ups and other technical reasons. Where this is the case, we will take steps to ensure that your personal data is suppressed in order to render it unusable
- Your Rights
7.1 You may have various rights under data privacy laws in your country (where applicable). These may include (as relevant):
the right to withdraw your consent to the processing of your personal data. However, we may continue to process your personal information if there is an alternative legal basis for the processing;
the right to request access to or a copy of the personal data we hold about you. Please note that there is no fee for this request and any request for a copy of your personal data will be processed within thirty (30) days in accordance with the GDPR;
the right to rectification including to require us to correct inaccurate personal data;
the right to request restriction of processing concerning you or to object to processing of your personal data if:
processing is based on legitimate interests or the performance of a task in the public interest or exercise of official authority;
processed for direct marketing; or
processed for the purposes of scientific or historical research and statistics
the right to prevent further processing in specific circumstances and where there is no other lawful ground for continuing to process that information. These include for example
where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed;
where you withdraw consent; or
where you object to us processing your information;
the right to request the erasure of your personal data where it is no longer necessary for us to retain it;
the right to block or suppress processing of personal information. While we are entitled to store your personal information, we cannot further process it if you request it to be blocked;
the right to data portability including to obtain personal data in a commonly used machine readable format in certain circumstances such as where our processing of it is based on a consent; and
the right to object to automated decision making including profiling (if any) that has a legal or significant effect on you as an individual; and the right to withdraw your consent to any processing for which you have previously given that consent.
7.2 Please contact us at support@Ae Media.com if you wish to exercise any of these rights (as relevant);
7.3 Without prejudice to any other administrative or judicial remedy you might have, you may have the right under data privacy laws in your country (where applicable) to lodge a complaint with the relevant data protection supervisory authority in your country if you consider that we have infringed applicable data privacy laws when processing your personal data. This means the country where you are habitually resident, where you work or where the alleged infringement took place
8.1 We endeavour to use appropriate technical and physical security measures to protect your personal data which is transmitted, stored or otherwise processed by us, from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access. These measures include: storing personal data in a private database which is accessed via an internal control panel protected with the username, password and IP address of our authorized users; storing hashed information as opposed to passwords and using secure cloud storage on Amazon AWS for database backups. Our service providers are also selected carefully and required to use appropriate protective measures
8.2 As effective as modern security practices are, no physical or electronic security system is entirely secure. The transmission of information via the internet is not completely secure. Although we will do our best to protect your Data, we cannot guarantee the security of your Data transmitted to our Site. Any transmission of Data is at your own risk. Once we receive your Data, we will use appropriate security measures to seek to prevent unauthorised access. We will continue to revise policies and implement additional security features as new technologies become available
8.3 In the event that there is an interception or unauthorised access to your personal data, we will not be liable or responsible for any resulting misuse of your personal information
We reserve the right to change this Privacy Statement at any time in our sole discretion. If we make changes, we will send you an in app notification so that you can see what information we gather, how we might use that information and in what circumstances we may disclose it.