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Terms of Use

Mediaocean web site terms of use

(Effective as of May 2016)

These Terms of Use govern your use of the Mediaocean web site ( www.mediaocean.com and local sites us.mediaocean.com, www.mediaocean.ca, www.mediaocean.fr, www.mediaocean.de, www.mediaoceanuk.com, www.mediaocean.com.au - the "Site") and constitute a legally binding agreement between Mediaocean and you, the user of the Site. By accessing the Site you acknowledge that you have read and agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not use the Site.

Mediaocean reserves the right to amend these Terms of Use in its sole discretion. Mediaocean will post any changes to these Terms of Use on the Site, and changes shall be effective immediately upon posting. We will issue a service notice to users in advance of any material changes to the Terms of Use and recommend that you subscribe to email notifications about such service notices via our Support pages. We recommend that you re-visit the Site on occasion to learn of revised terms or policies. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies.

Use of the Site

The information contained in this Site is for general information purposes only. Without limiting the foregoing, as a condition of your right to access the Site under these Terms of Use, you acknowledge and agree that you shall not directly or indirectly:

  • use the Site for any commercial purpose or the benefit of any third party;
  • frame or hyperlink the Site or any portion thereof;
  • remove any proprietary notices from the Site or any copy thereof;
  • attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by Mediaocean with respect to the Site and/or data transmitted, processed or stored by Mediaocean;
  • use the Site for any illegal or fraudulent purpose;
  • use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
  • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Site;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Site.

 

Risks You Assume

While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. To the extent permitted by applicable law, you agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.

Links to Other Websites

This Agreement applies only to the Site and not to other websites that may be accessible from the Site and Mediaocean shall not be responsible for the content of any third-party website accessible from the Site. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with Mediaocean. If you access any third-party website through the Site or otherwise, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Ownership

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, "Marks") found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles and other materials (collectively, “Content”) are proprietary to Mediaocean or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks of Mediaocean or others. You may not use any Mark or Content without the express prior written permission of the owner (whether Mediaocean or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license, permission or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.

Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PROVIDED WITHOUT WARRANTIES, GUARANTEES, CLAIMS OR REPRESENTATIONS MADE BY MEDIAOCEAN, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OR GUARANTEES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES OR GUARANTEES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MEDIAOCEAN FURTHER DOES REPRESENT, WARRANT OR GUARANTEE THAT THE SITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE OR FREE FROM VIRUSES. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MEDIAOCEAN IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN BASED ON THE CONTENT OR ANY FEATURE OF THE SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

MEDIAOCEAN WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.

Indemnity

Except to the extent permitted under applicable law, you agree that you will be solely responsible for, and that you will defend, indemnify and hold Mediaocean, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of these Terms of Use. Mediaocean reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Mediaocean for all liabilities, losses, or damages. You agree to provide Mediaocean with whatever cooperation it reasonably requests.

Privacy

Your privacy is very important to us at Mediaocean. To better protect your rights we have provided the Mediaocean Privacy Policy and Cookie Policy to explain our privacy practices in detail.

Termination

You have the right to stop using the Site, at any time, for any reason. We reserve the right in our absolute discretion to suspend or terminate your access to the Site without needing to have or to give a reason.

Miscellaneous

Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Mediaocean at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms of Use against or relating to Mediaocean or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in New York and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement or any contemporaneous oral agreement. Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word "including" means "including without limitation."

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please email Infosec&Compliance@mediaocean.com.