CMP Terms of Service

As a Mediavine, Inc. (“Mediavine” or “we” or “us”) Publisher, you have access to the Mediavine Consent Management Platform (“CMP”) located in your Dashboard.  By using the CMP, you agree to the following terms and conditions (the “CMP Terms of Service”). If you do not agree to these terms, please do not use the CMP.

From time to time we may update the CMP Terms of Service.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you in an email notification to the email address we have on file for you. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the CMP or changes made for legal reasons will be effective immediately. Your continued use of the CMP after the date of any such changes become effective constitutes your acceptance of the new CMP Terms of Service.

All capitalized terms in the CMP Terms of Service have the same definitions as in the Publisher Agreement, unless otherwise indicated.  The terms of the Publisher Agreement continue to apply. In the event of a conflict between the CMP Terms of Service and the Publisher Agreement, the Publisher Agreement will govern.

The CMP is an optional service provided to Publishers to assist in obtaining consent for data collection on the Property from residents of the European Union.

Mediavine reserves the right to modify or discontinue, temporarily or permanently, the CMP (or any part thereof) with or without notice. You agree that Mediavine will not be liable to you or to any third party for any modification, suspension or discontinuance of the CMP.

Conditions of Use of the CMP

License for Use: The CMP is solely for your personal and non-commercial use to assist you in obtaining consent for certain data collection on the Property. Mediavine grants you a limited, non-exclusive, non-transferable, license to use the CMP on the Property. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

Publisher Conduct: You are solely responsible for your use of the CMP.  Mediavine is solely providing the CMP for Publisher to obtain consent for data collection from its users as it relates to Mediavine Services.  Mediavine is however, making the IAB CMP JS Framework and documentation available for your review. If you choose to use the IAB CMP JS Framework and documentation for any other use other than to obtain consent for data collection as it relates to Mediavine ads, you are solely responsible for the language used and consent management.  You are also responsible for confirming that any language provided by Mediavine for consent for data collection related to Mediavine services is sufficient to satisfy any applicable privacy laws. Mediavine is not responsible for ensuring the Property is accurately and properly obtaining consent for data collection, if necessary.

You agree to not use the CMP to:

(a) interfere with or disrupt the CMP or servers or networks connected to the CMP, or disobey any requirements, procedures, policies or regulations of networks connected to the CMP;

(b) violate any applicable local, state, national or international law, or any regulations having the force of law;

(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) solicit personal information from anyone under the age of 18;

(e) harvest or collect email addresses or other contact information of viewers by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(f) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

(g) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

(h) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the CMP.

Intellectual Property Rights

CMP: Mediavine owns all rights in the CMP, any technology associated with the CMP and Mediavine’s trademarks and any goodwill, derivative works, improvements and/or intellectual property associated with the CMP. Publisher will not copy, modify, distribute, sell, or lease the CMP or any part thereof or attempt to unlock or bypass any encryption or other protections used by Mediavine. Publisher acknowledges that the CMP constitutes Mediavine trade secrets and confidential information. Publisher will not use any such information to duplicate the CMP, to develop a similar CMP, or to enable any third party to do any of the foregoing. Any violation of this provision shall be deemed to be an infringement of Mediavine’s intellectual property and may result in termination of your Publisher Account at Mediavine’s sole discretion and/or taking any legal action that Mediavine may deem necessary.

You must not use the CMP in a way that causes, or may cause, damage to the CMP or impair the availability of access to the CMP. You must not decompile, reverse engineer, disassemble or otherwise reduce the CMP, except to the extent that such activity is expressly permitted by applicable law. You must not use the CMP 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.

Any rights not expressly granted herein are reserved by Mediavine.

Trademarks: The Mediavine name and logos are trademarks and service marks of Mediavine (collectively the “Mediavine Trademarks”). Other product and service names and logos used and displayed via the CMP may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Mediavine. Nothing in the CMP Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Mediavine Trademarks displayed on the CMP, without our prior written permission in each instance. All goodwill generated from the use of Mediavine Trademarks will inure to our exclusive benefit.

Indemnity and Release

To the extent permitted by applicable law, you agree to release, indemnify and hold Mediavine and its affiliates and their officers, employees, directors and agents harmless from any and all claims, obligations, losses, liabilities, damages, and expenses, including reasonable attorneys’ fees, rights, actions of any kind and injury (including death) arising out of or relating to (i) your use of the CMP, (ii) your connection to the CMP, (iii) your violation of the CMP Terms of Service, (iv) your violation of any rights of another, including, without limitation, copyright, property or privacy right or (v) any claim that the CMP caused damage to a third party.  This defense and indemnification obligation will survive the CMP Terms of Services and your use of the CMP.

Disclaimer.

Mediavine does not provide legal services, nor can Mediavine advise you on compliance with any privacy laws, either in the United States or otherwise, including, but not limited to, the European Union General Data Protection Regulation 2016/679, otherwise known as GDPR.   It is solely your responsibility to ensure that the Property is abiding by any applicable privacy laws and has a compliant privacy policy and consents, if applicable. This may include seeking the opinion of an outside attorney.

Under no circumstances will Mediavine be liable in any way for your use of the CMP, including, but not limited to, for any errors or omissions in the CMP, or for any loss or damage of any kind incurred as a result of the CMP.  You understand and agree that you are fully responsible for your use of the CMP. Mediavine makes no representations, warranties or guarantees.

YOUR USE OF THE CMP IS AT YOUR SOLE RISK. THE CMP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDIAVINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MEDIAVINE MAKES NO WARRANTY THAT (I) THE CMP WILL MEET YOUR REQUIREMENTS, (II) THE CMP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CMP WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CMP WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDIAVINE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEDIAVINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE CMP; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CMP; OR (IV) ANY OTHER MATTER RELATING TO THE CMP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE CMP OR WITH THE CMP TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE CMP.

YOU SPECIFICALLY ACKNOWLEDGE THAT ANY LIABILITY FOR USE OF THE CMP SHALL REST ENTIRELY WITH THE PUBLISHER.

The CMP is offered by Mediavine from its facilities in the United States of America.  Mediavine makes no representations that the CMP is appropriate or available for use in other locations.  Those who access the CMP from other jurisdictions are responsible for compliance with local law.

Governing Law  

This Agreement will be governed by the laws of the State of Delaware, without reference to its conflict of law principles and jurisdiction of any and all such disputes will lie in the state and federal courts sitting in New Castle, Delaware.  Publisher consents to personal jurisdiction in the state and federal courts located therein and hereby waives all defenses of lack of personal jurisdiction and forum non-conveniens.

Termination

You agree that Mediavine, in its sole discretion, may suspend or terminate your use of the CMP and remove and discard any content within the CMP, for any reason, including, without limitation, if Mediavine believes that you have violated or acted inconsistently with the letter or spirit of the CMP Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of CMP, may be referred to appropriate law enforcement authorities. Mediavine may also in its sole discretion and at any time, discontinue providing the CMP, or any part thereof, with or without notice. You agree that any termination of your access to the CMP under any provision of the CMP Terms of Service may be effected without prior notice, and acknowledge and agree that Mediavine may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the CMP. Further, you agree that Mediavine will not be liable to you or any third party for any termination of your access to the CMP.

General

The CMP Terms of Service constitute the entire agreement between you and Mediavine related to your use of the CMP and govern your use of the CMP, superseding any prior agreements between you and Mediavine with respect to the CMP.   All other agreements, including, but not limited to, the Publisher Agreement, continue to apply. You also may be subject to additional terms and conditions that may apply when you use other Mediavine services. The failure of Mediavine to exercise or enforce any right or provision of the CMP Terms of Service will not constitute a waiver of such right or provision. If any provision of the CMP Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the CMP Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CMP or the CMP Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this CMP Terms of Service without the prior written consent of Mediavine, but Mediavine may assign or transfer this CMP Terms of Service, in whole or in part, without restriction. The section titles in the CMP Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Mediavine may also provide notices to you of changes to the CMP Terms of Service or other matters by displaying notices or links to notices generally through your Dashboard.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the CMP (“Submissions”), provided by you to Mediavine, its affiliated companies or partners are non-confidential and Mediavine, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Your Privacy

At Mediavine, we respect the privacy of our Publishers. For details please see our Privacy Policy. By using the CMP, you consent to our collection and use of personal data as outlined therein.