Terms and Conditions

Welcome to adbuq!

Thanks for using our products and services including www.adbuq.com and any of its subdomains (“services”). The services are provided by adbuq and its affiliated companies (“adbuq”, “we”, “us” or “our”).

By using our services from time to time, it is presumed that you have read through these Terms and Conditions and failure to do so shall be a complete bar on any and all claims in law or equity that you bring against adbuq for any reason whatsoever – please read them carefully. Your acceptance of these Terms and Conditions (this “agreement”) is an electronically binding agreement upon you and such acceptance shall have the same legal force and effect as if you had physically signed such agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this agreement. If you do not accept these Terms and Conditions, please do not register for or participate in using the services offered by and through adbuq.

As used in this agreement, “you” or “User” means both (a) the individual now registering as a user of the services or an existing user of the services now agreeing to this agreement, as the case may be, and (b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, “your Company”). You and your Company, if any, are jointly and severally liable for your obligations under this agreement.

Our services are diverse, so sometimes additional terms or product requirements may apply. Some adbuq services such as Board Owner Enrollment and Listing agreement may have additional or other terms that we provide to you when you use these and other services. Additional terms will be available with the relevant services, and those additional terms become part of your agreement with us if you use those services. If you do not have the authority to enter into payment agreements on behalf of yourself or your company, do not accept these Terms and Conditions.

For information about adbuq’s data protection practices, please read adbuq’s Privacy Policy. This Policy explains how adbuq treats your personal information when you access the Site and use the services provided. The Policy may be updated from time to time in our discretion. Changes will be effective upon their being posted to the Site

adbuq (www.adbuq.com) is an on-line selling and buying platform for billboards, media owners and other related products or services.

adbuq allows advertisers, media buyers or agencies for themselves or on behalf of their clients or individual users (“Buyers”) to plan and search for inventory or media inventory, build campaigns, obtain pricing information, create and upload artwork.

adbuq allows media, billboard, board owners, other media owners or third parties that have exclusive representation rights (“Sellers”) to list, market and sell their media and inventory on-line. All Sellers who sell media assets and billboard ads may be required to execute a Board Owner Enrollment and Listing agreement to use adbuq services that lists each party’s obligations. adbuq may offer additional services to Buyers and Sellers directly or via third parties that may be subject to additional costs and terms and those additional terms become part of your agreement with us if you use those services.

Buyers will be responsible for providing certain information required to buy and display advertising using adbuq including but not limited to name, address, cell phone, and credit card information. Sellers will be responsible for providing certain information required to list and enable each asset or billboard for adbuq services including but not limited to contact, location, size, pricing, product information, and technical requirements for your billboard or scheduling system.

adbuq may provide certain creative services to advertisers and Buyers and help them prepare content for display on Sellers billboards or assets. In certain cases, Sellers will be required to work with adbuq to ensure such ads are displayed appropriately. Buyers shall prepare materials in accordance with technical specifications outlined in adbuq.

In addition, Buyers, Sellers or registered users may communicate with other users on adbuq or post information requests, text, graphics, pictures and other content on adbuq.

adbuq is a venue or third party partner for Buyers and Sellers that enables sales of advertising inventory and provides other services. We make every effort to qualify Users but we make no representation, and give you no assurance, that:

Both Sellers and Buyers represent and warrant that all information given to us (including your name, address and other information associated with your and all information communicated to other users of adbuq or the site, whether in a listing or a posting, is true, accurate, up-to-date and not misleading.

Falsely registering as a Buyer and/or gaining access to, using or sharing information not for these purposes is forbidden and will result in suspension or termination from the adbuq system by adbuq. Buyers who request and receive planning information, RFI’s or RFP’s and/or place media order or execute media buys do so with the intent to use it solely for their or their clients’ advertising purposes. If approved for access to the planning and buying service, you agree that upon requesting and receiving media proposals that any further communication, negotiation or agreement regarding those proposals obtained through the service will be continued through the adbuq system. In the event that agreement to purchase or order the listings in the proposals is reached, you agree to place the order through the adbuq system.

We have the right, but not the obligation, to monitor, edit, refuse to post or remove any listing or posting from adbuq, in our discretion. Notwithstanding this right, we are not responsible for the content of listings or postings posted by Buyers, Sellers, and Users. Monitoring of postings and listings by us is not intended to verify the accuracy of the information contained therein and should not be relied upon by you for any purpose.

adbuq does not guarantee the price, terms, product, availability or services offered or provided by any third party until it is agreed to electronically. adbuq is not legally responsible for, and does not warrant, represent or guarantee any goods, services, information, or otherwise provided by third parties. If you should have a dispute with a third party, adbuq is in no way legally responsible for any claims in law or equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.

You must follow any policies made available to you within the services.

If adbuq suspects you of misusing our services or terms or policies, taking any actions that we perceive could adversely affect adbuq’s business or violating any laws or regulations, we may suspend or stop providing our services to you and your company.

Using our services does not give you ownership of any intellectual property rights in our services or the content you access. You may not use content from our services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use, remove or alter any branding or logos used in our services.

Our services display some content that is not adbuq’s. This content is the sole responsibility of the entity that makes it available. We review content to determine whether it is acceptable, readable, appropriate, or violates our policies, and we may remove or refuse to display content that we reasonably believe is inappropriate or violates our policies or the law. In addition, we will review content restrictions provided by board or media owners. In most cases, where we deny content adbuq alerts the Buyer via email.

adbuq may send you service announcements, administrative messages, and other information to improve user experience and users may opt out of some of those communications.

Some of our services are available on mobile devices. Do not use such services in a way that distracts you and prevents you from obeying driving or safety laws.

adbuq and other adbuq.com names and logos and all related product and service names, design marks and slogans used on adbuq are the trademarks or service marks of adbuq or its affiliates. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner.

You may not use meta tags or other hidden text utilizing adbuq’s name or trademarks without the express prior written consent of adbuq.com.

You may need a adbuq account in order to use some of our services. You may create your own adbuq account, or your adbuq account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a adbuq account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

By registering for an account or using the services, you represent that you are at least 18 years of age, and of the age of legal majority in your state or country of residence, if older than 18. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the services.

We reserve the right to reject your user registration by disabling your adbuq account. Even after acceptance, we may terminate or suspend your account and ability to use the services in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users’ legal liability, harm or loss, we reserve the right to notify other users of your actions.

To protect your adbuq account, keep your password confidential. You are responsible for the activity that happens on or through your adbuq account. Try not to reuse your adbuq account password on third-party applications. If you learn of any unauthorized use of your password or adbuq account please contact us via email [email protected].

Should you object to any of the terms of this agreement or any subsequent modifications thereto or become dissatisfied with the services in any way, your only recourse is to immediately: (1) discontinue use of the services; (2) terminate your account; and (3) notify us of termination. You may terminate this agreement and your account with us only if you do not have active or pending transactions on adbuq. In addition, your account will be deemed inactive and closed if there is no activity on your account for one year or as determined by adbuq. In the event your account is closed or terminated it will be marked inactive in our systems, but we cannot delete your user information or transaction history.

adbuq’s privacy policies explain how we treat your personal data and protect your privacy when you use our services. By using our services, you agree that adbuq can use such data in accordance with our privacy policies.

adbuq complies with the provisions of the Digital Millennium Copyright Act (the “DMCA”) as applicable to Internet service providers (17 U.S.C. § 512, as such may be amended from time to time). If you reasonably and in good faith believe that your work has been copied, imitated or improperly used in violation of the federal copyright laws and has been posted adbuq, please provide adbuq with all of the following information in writing:

Before sending a notice to adbuq, you should confirm that you are the rightful copyright owner or have the lawful rights to the copyright which the DMCA requires. Failure to include all of the information requested herein may result in a delay or failure to review your claim.

Certain adbuq services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.

When you upload, submit, store, send or receive content to or through our services, you give adbuq (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our services), communicate, post, publish, publicly perform, publicly display and distribute such content.

The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services (for example, for a billboard listing you have added to our listing directory). Some services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our services, there are terms or settings that narrow the scope of our use of the content submitted in those services. Make sure you have the necessary rights to grant us this license for any content that you submit to our services.

You may not post or display any content that would cause us or you to violate any applicable law, statute, ordinance or regulation. Your content or posting may not be defamatory, libelous, threatening or harassing; and it may not contain obscenity or child pornography.

Our systems analyze your content to provide you personally relevant product features, such as customized promotions, User tips, and for security purposes including spam and malware detection. This analysis occurs as the content is sent, received, uploaded, and when it is stored. All content for loaded by a Buyer display on Seller’s assets is reviewed visually and approved by adbuq before it is allowed to be displayed on any media asset. adbuq assumes no responsibility for typographical errors in on enrollment or listing information or any advertising display ads that are displayed on operator or board owner billboard or screens.

If you have an adbuq account, we may display your or you company profile name, photo, and actions you take on adbuq or on third-party applications connected to your adbuq account (such as reviews you write and comments you post) in our services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your adbuq account.

All reviews, comments, feedback, postcards, suggestions, feature requests, ideas and other submissions disclosed, submitted or offered (collectively, the “comments”) to adbuq or otherwise disclosed, submitted or offered in connection with your use of the services shall be and remain adbuq property. Such disclosure, submission or offer of any comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property in the comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any comments.

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some services may let you adjust your automatic update settings.

All software used by adbuq is the property of adbuq.com or its licensors and suppliers and protected by international copyright laws. The content and software on adbuq may be used only as a resource for the marketing, sale and purchase of media and billboard advertising space and other related items and services. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the adbuq is strictly prohibited, except as provided for under other agreements

adbuq gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by adbuq as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by adbuq, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Some software used in our services may be offered under a third party or open source license that we will make available to you. There may be provisions in the third party or open source license that expressly override some of these terms.

Users agree to pay applicable fees for using adbuq and services as outlined on the site, or in the Board Owner Enrollment and Listing agreement.

By placing a credit card or ACH direct payment account on file with us you authorize us to charge your card for any fees you accrue as a result of using adbuq or services. You authorize us to consolidate balances from any duplicate accounts you may have created on adbuq and bill them to your credit card or ACH direct purchase account. You may revoke your authorization by sending us a request to adbuq. We may continue to bill your credit card or direct purchase account for any fees for any services rendered or actions by you or by us taken prior to the receipt of your written revocation. Our billings may appear under the name “adbuq, ” or “adbuq.com.” or other adbuq account name.

CANCELLATION: Cancellations must be made in writing to adbuq for all fees, services and for real-time bidding or buying (RTB) before any transaction is completed. Once a transaction is completed no cancellations are accepted. Once a Buyer and Seller accept a package or fixed contract no cancellations are permitted and both parties will be responsible for honoring the agreed contract including payment or any “make goods.”

adbuq is a buying and selling platform for media inventory, the Out-of-Home (OOH) industry and other displays.

adbuq provides several options to Buyers and Sellers to execute ad buys and obtain services including but not limited to: packages, contract purchases, and creative production. Buyers and Sellers can open accounts on adbuq. Seller can list their media assets and billboards on adbuq by paying fee as agreed.

Once a Buyers has opened an adbuq account he/she will have complete access to pricing, fees and costs for adbuq services.

Sellers have multiple options available to them via adbuq services. For example, media or board owners can list their billboards or media inventory directly in adbuq, giving them an immediate online presence and exposing these billboard(s) and assets to on-line Buyers. Each Seller will be required to upload or provide certain information about its inventory to list a billboard or an asset and when a buyer is interested in making an online purchase the board owner will be notified automatically or other means.

Once enabled for adbuq, Sellers can utilize a range of functionality to create new locations, manage their adbuq inventory availability and pricing in real time or utilize other adbuq services.

You agree that adbuq bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through adbuq by any jurisdiction having taxing authority over the sale or transaction. You agree that you are responsible for, and will indemnify us against, any liability for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, purchase, collection or remittance by you of any taxes relating to transactions conducted by adbuq.

We may add, delete or change some or all of our services and fees at any time in our sole discretion, and any such change will take effect without further notice to you. All fees and costs, with the exception of creative services and other charges detailed in the Board Owner Enrollment and Listing agreement will be available to you via adbuq. It is your responsibility to agree to any fees or costs that may be incurred before you engage in a transaction. Unless otherwise stated, all fees are quoted in U.S. dollars. You are responsible for paying all applicable taxes and for any and all hardware, software, service and other costs you incur when you use adbuq services or our site. ANY AND ALL PAYMENTS MADE TO US ARE NON-REFUNDABLE. This rule applies whether or not the Service or item sells.

adbuq is constantly changing and improving our services. adbuq expressly reserves the right to add, modify, or discontinue functionalities or features, and we may suspend or stop a Service altogether with or without notice.

You can stop using our services at any time, although we’ll be sorry to see you go. adbuq may also stop providing services to you, or add or create new limits to our services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

adbuq shall not be liable to you or any third party should adbuq exercise it express to modify or discontinue the services or any portion thereof

adbuq provide our services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ADBUQ NOR ITS PARTNERS OR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

WE DO NOT WARRANT THAT THE ADBUQ OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON ADBUQ OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF ADBUQ.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

WHEN PERMITTED BY LAW, ADBUQ, ITS AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “ADBUQ PARTIES”) AND ADBUQ’S PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ADBUQ PARTIES, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES ADBUQ SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE ONE (1) MONTH PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US $100.00 (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, ADBUQ PARTIES, AND ITS PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

You shall indemnify, defend and hold the ADBUQ PARTIES harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by an ADBUQ PARTY in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a third party using your log-in: (a) any breach or violation of this agreement, (b) any use of the Service or site, (c) a dispute with another User, (d) any violation of any applicable law or regulation governing Your activities on or off of the adbuq or the site, or (e) the infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

If you are using our services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify ADBUQ PARTIES s from any claim, suit or action arising from or related to the use of the services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

All provisions in this agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this agreement. The titles and headings contained in this agreement are used for convenience only and are not intended to affect the meaning or interpretation of this agreement. This agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between adbuq and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Pakistan will apply to any disputes arising out of or relating to these terms or the services.

All claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Sedgwick County, Kansas, USA, and you and adbuq consent to personal jurisdiction in those courts; and you expressly waive any objection that you may have now or in the future to the laying of the venue, or the jurisdiction of any such court over you or your use of adbuq and its services. Notwithstanding the foregoing, adbuq, reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this agreement or under an award of the court described above. You may not bring any action arising out of this agreement or your use of the website or the services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, adbuq, shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.

We reserve the hours between 1:00 am and 6:00 am (Central Standard Time) for system maintenance and will provide maintenance at other hours as we deem necessary. This may or may not cause system downtime. In the event certain services are disrupted ending times may be extended without notice as a result of scheduled or unscheduled downtime, but any such extensions are made in our discretion.

We are not responsible for transactions not being processed or not being accepted due to technical difficulties.