ADVERTISERS TERMS OF SERVICE
PAYMENTS
Advertisers are required to fund their advertising accounts in advance using American currency with approved methods on the Riviera 4 Media Platform, subject to change. Billing for advertising is determined by the platform's statistical data, with the exception of special written agreements. It's noted that billing and payment data provided by the advertiser might be shared with entities assisting Riviera 4 Media, like payment processors.
Refunds
Refunds on advertising funds deposited and not spent within your account shown by your balance, will be authorized on a case by case basis. Please contact support to initiate a refund process. Account funds can be spent on campaigns in order to buy traffic. Funds are then moved from your available account balance into reserved funds for your campaign(s) to cover their daily budget(s). You are not entitled to any refunds for money that has been spent on your campaigns.
ELIGIBLE ADVERTISING CONTENT
Riviera 4 Media maintains authority over the approval of all advertisements and may reject any material for any reason. Advertisers must comply with Riviera 4 Media's established norms and guidelines. Non-compliance may lead to account termination. Advertisers bear responsibility for their submitted content, which should be free from illegal activities, copyright violations, and should not target minors or engage in hate speech or other prohibited behaviors. Riviera 4 Media is indemnified against liability from such content issues.
GENERAL
Termination
Riviera 4 Media can at any time, in its sole discretion, terminate this Agreement. Depending on the violation of which the Agreement was terminated, Riviera 4 Media may or may not notify the Account Holder (Advertiser/Publisher) via email. Advertisers may terminate this Agreement by sending an email to their account manager. Publishers may terminate this Agreement at any time by removing all Ad Zone Codes provided by Riviera 4 Media from its Website(s) and/or App(s).
Publicity
Riviera 4 Media is through this Agreement, authorized to use the name or trademarks of Advertisers and Publishers for the purposes of this Agreement without any further written approval from the party owning such name or trademark.
CONFIDENTIALITY
Under this Agreement, the Advertiser and/or Publisher is obliged to maintain the confidentiality of all proprietary information related to Riviera 4 Media, which includes but is not restricted to the platform, software, technology, advertising materials, and performance statistics, barring possession of explicit written permission from Riviera 4 Media to disclose such information.
Disclosure
The Advertiser and/or Publisher recognizes that, upon a directive issued by a Court or Governmental Authority, Riviera 4 Media is authorized to release any Personal, Business, or Usage Data related to the services engaged.
PRIVACY POLICY
Riviera 4 Media, along with its Advertisers and Publishers, must present a Privacy Policy on their respective websites and applications, outlining the collection, storage, and use of end-user personal data. These policies must also inform users that third-party advertisers and networks could employ cookies for browser tracking.
DATA PROTECTION
During the term of this Agreement, both Parties shall comply with all applicable rules and regulations to laws governing privacy and data protection.
INDEMNIFICATION
You agree to indemnify, defend and hold Riviera 4 Media and its shareholders, directors, officers, employees, successors, representatives, partners, agents, affiliates or suppliers harmless from and against any and all costs, claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any claims and lawsuits or proceeding for libel, slander, copyright, and trademark violation, as well as all other claims resulting from (1) the participation on the Riviera 4 Media Network/Platform, (2) operation of the Publisher's Website(s) and/or App(s) submitted to Riviera 4 Media for participation or (3) otherwise arising from a relationship with Riviera 4 Media. You also agree to indemnify Riviera 4 Media for any legal fees incurred by Riviera 4 Media, acting reasonably, in investigating or enforcing its rights by this Agreement.
LIMITATION OF LIABILITY
Neither party will be liable for breach-of- contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement. The aggregate liability shall in no circumstances be higher than the average of the 1 (one) last month's payment to the publisher.
NON-SOLICITATION
During the period starting on the Effective Date and ending 12 months after the termination or expiration of this agreement (the “Non-Solicitation Period”), neither party will directly or indirectly, on its own behalf or in the service or on behalf of others, in any capacity induce or attempt to induce any officer, director, or employee to leave the other party, or solicit or accept, or attempt to solicit or accept, the business of any customer, consultant, or patron of the other party.
AMENDMENT / MODIFICATION OF THIS AGREEMENT
Riviera 4 Media will at own discretion reserve the right to amend or modify this Agreement. Such changes can take place at any time, and without prior notification. Any amendment will be notified during log in procedures and the user will on such occasion be asked to confirm acceptance of the new agreement. If amendments are not accepted by the publisher he shall notify Riviera 4 Media in writing and Riviera 4 Media might in such cases accept to let the publisher continue according to the agreement before amendment or on individual terms.
CHOICE OF LAW AND LEGAL VENUE
The parties agree that this Agreement is to be governed by and construed under the law of United States, California. The parties further agree that all disputes shall be resolved exclusively in the venue as stated in applicable United States law.
FORCE MAJEURE
If either party fails to fulfill its obligations hereunder (other than an obligation for the payment of money), when such failure is due to circumstances beyond its reasonable control, including but not limited to fire, flood, civil commotion, riot, war (declared and undeclared), revolution, or embargoes, then said failure shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance.
SEVERABILITY
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
ASSIGNMENT
Riviera 4 Media may transfer or assign any or all of its rights and obligations under this Agreement to any natural person or legal entity at any time. In such circumstances, the transferee or assignee shall enjoy and undertake the same rights and obligations herein of Riviera 4 Media.
Publisher might assign the rights and obligation to any party if Riviera 4 Media agree. Publishers might also assign its rights and obligations in case of a merger/demerger or other restructuring act, as long as said restructuring will not substantially weaken Riviera 4 Media counterpart. If such restructuring under the applicable law does not transfer all right and obligation to the receiving party, the receiving party must in writing declare the acceptance of this agreement. None of the contract parties might enter any agreement or in other way incur obligation on behalf of the other party.
WAIVER
Neither party's failure or neglect to enforce any of rights under this agreement will be deemed to be a waiver of that party's rights. A waiver or extension is only effective if it is in writing and signed by the party granting it. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
COMPLETE AGREEMENT
This Agreement constitutes the entire Agreement between the parties and supersedes all previous Agreements, oral or written, with respect to the subject matter of this Agreement. The information and documents provided by Advertiser(s) and Publisher(s) to Riviera 4 Media, as requested by the latest in order to enter the Agreement, shall be also considered as part of this Agreement. This Agreement may not be amended without the written consent of the parties.
NO THIRD PARTY BENEFICIARIES
No third parties can claim any rights from this agreement as it is soley binding between the parties.