Mediavine Website Terms of Service

The following terms (“Terms of Use”) constitute an agreement between Mediavine, Inc. (“Mediavine” or “Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Mediavine (“Website”), located at https://www.mediavine.com/.Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Mediavine reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

On the Website, you can obtain information about Mediavine’s ad management services, apply to join the Mediavine publisher network, log in to the Mediavine dashboard if you are a current publisher, learn about and purchase a ticket to a Mediavine event, contact Mediavine to request information and read the Mediavine blog (the “Services”). Certain Services may be subject to separate terms and conditions.

GENERAL DISCLAIMER

We have made every effort to ensure that all information on the Website has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided on the Website.

The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Mediavine makes no representations, warranties or guarantees. You understand that results may vary from person to person. Mediavine assumes no responsibility for errors or omissions that may appear in the Website.

Only current Mediavine publishers are permitted to access the log in area for the Mediavine dashboard. Publishers are not permitted to share their log in information and unauthorized users are expressly prohibited from accessing or attempting to access the dashboard.

CONFIDENTIALITY

Mediavine makes no warranties regarding confidentiality for information submitted to the Website. If you choose to comment on the Website, on a social media account linked to the Website, or via the contact form on the Website, your confidentiality cannot be maintained. There is no expectation of confidentiality, even if you state, please keep this confidential.

USE OF THE WEBSITE

Unless otherwise stated, Mediavine owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

Republication of content from the Website, unless content is specifically and expressly made available for republication;
Sale, rental or sub-license of any content from the Website;
Reproduction or duplication of any content on the Website for commercial purposes;
Modification of any content on this website, unless content is specifically and expressly made available for modification;
Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Mediavine’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Mediavine.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Mediavine’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without Mediavine’s express written permission.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Mediavine or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

Mediavine’s trademarks and trade dress, may not be used in connection with any product or service that is not Mediavine’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits the Website or Mediavine, Inc. Mediavine and the Mediavine logo, Mediavine Create and the Mediavine Create logo, Grow and the Grow logo, Trellis and the Trellis logo (the “Marks”) are all registered trademarks of Mediavine, Inc. and may not be used by any third party without express written consent. The absence of a name, trademark or logo in this paragraph is not a waiver of Mediavine’s intellectual property rights. The Marks are the property of Mediavine and nothing contained on the Website shall be construed as granting any license or right to use the Marks without the express written consent of Mediavine. Any unauthorized use is prohibited.

From time to time, the Website will legally utilize trademarks owned by third parties related to Mediavine’s services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant Mediavine a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Mediavine the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Mediavine or a third party.

Mediavine reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Mediavine’s servers; or, (iii) hosted or published on the Website. Mediavine takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Mediavine’s rights under the Terms of Use, Mediavine does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

TAKEDOWN REQUESTS

Please see Mediavine’s copyright policy through this link.

COMMUNICATION

If you send Mediavine an email, register to use the Website or provide your email to Mediavine in any other way, you consent to receive communications from Mediavine electronically. You agree that all legal notices provided via electronic means from Mediavine satisfy any requirement for written notice.

THIRD PARTIES

The Website contains links to third-party websites that are not governed or controlled by Mediavine. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Mediavine assumes no control or liability over the content of any third-party sites. You expressly hold harmless Mediavine from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Mediavine harmless from any and all liability in any dispute.

NO WARRANTIES

The Website are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Mediavine makes no representations or warranties in relation to the Website or the information and materials provided therein. Mediavine disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. Mediavine makes no representation or warranty with respect to any third-party information, goods or services, whether received or accessed via any links provided by or in connection with the Services or otherwise.

Mediavine makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; will be secure; will be free of defects, delays, inaccuracies or errors, will not meet your requirments; or represents the full functionality, accuracy, and reliability of the Website. Mediavine is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

MEDIAVINE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

STATE LAW RIGHTS

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY.

INDEMNITY

You agree to defend, indemnify and hold Mediavine, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Mediavine suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Delaware. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Wilmington, Delaware. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

FORCE MAJEURE

Mediavine will not have any liability if Mediavine’s performance of its obligations is delayed by the occurrence of: (a) fires, floods, earthquakes, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, sabotage, embargo, government action or order, blackouts, epidemic or quarantine, strikes/labor difficulties, or any other similar cause; or (b) any event or circumstance within the control of, or caused by information provided by you or any third party.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Mediavine’s prior written consent, however, the Terms of Use may be assigned by Mediavine in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Mediavine.

The Terms of Use will be binding upon the successors and permitted assigns of you and Company. The Terms of Use do not create any third-party beneficiary rights.

The Terms of Use will be interpreted as if equally drafted by Company and you.

A party’s failure or delay in exercising any right, power or privilege under the Terms of Use will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under the Terms of Use.

No agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms of Use.

The invalidity or unenforceability of any provision of the Terms of Use will not affect the validity

You may find Mediavine’s privacy policy through this link.

CONTACTS

All notices with respect to the Terms of Use must be in writing and may be via email to info@mediavine.com for Mediavine and to your email address.

Last updated: February 10, 2010