Create by Mediavine Terms of Service

These Terms of Service (“Terms of Service”) set forth the terms and conditions that apply to your access and use of the WordPress plugin entitled “Mediavine Create” (“Mediavine Create” or the “Plugin”) created by, owned and operated by Mediavine, Inc. (“Mediavine”). If you do not agree to these terms, please do not use Mediavine Create.

From time to time we may update the 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. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except changes addressing new functions of Mediavine Create or changes made for legal reasons, which will be effective immediately. Your continued use of Mediavine Create after the date of any such changes become effective constitutes your acceptance of the new Terms of Service.

Mediavine Create is a structured data plugin. You do not need to be a Mediavine publisher to utilize the plugin, however, Mediavine Publishers have access to certain features that are not accessible to others. If you are a Mediavine Publisher, the terms of the Publisher Agreement continue to apply. In the event of a conflict between these Terms of Service and the Publisher Agreement, the Publisher Agreement will govern. The terms and support for the features available solely to Mediavine Publishers will be contained in the Publisher Agreement.

Mediavine reserves the right to modify or discontinue, temporarily or permanently, Mediavine Create (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 Mediavine Create.

Conditions of Use of the Plugin

License for Use: Mediavine Create is licensed under the GNU general public license (http://www.gnu.org/licenses/gpl.html).

User Conduct: You are solely responsible for all content that you upload through Mediavine Create (the “Content”). The following are examples of the kind of content and/or use that is illegal or prohibited by Mediavine. Mediavine reserves the right to investigate and take appropriate legal action against anyone who, in Mediavine’s sole discretion, violates this provision. You agree to not use Mediavine Create to:

email or otherwise upload any Content that:

(i) infringes any intellectual property or other proprietary rights of any party;

(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;

(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(iv) poses or creates a privacy or security risk to any person;

(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;

(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or

(vii) in the sole judgment of Mediavine, is objectionable or which restricts or inhibits any other person from using or enjoying Mediavine Create, or which may expose Mediavine or its Publishers to any harm or liability of any type;

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

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

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

(f) 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;

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

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

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

Intellectual Property Rights

Plugin: You may not claim intellectual or exclusive ownership rights to the Plugin. The Plugin is property of 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 Plugin 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 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 Plugin, without our prior written permission in each instance. All goodwill generated from the use of Mediavine Trademarks will inure to our exclusive benefit.

Content

No Liability: Under no circumstances will Mediavine be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any such Content.

Ownership of Content: You represent and warrant that you own all right, title and interest in and to the Content, including, without limitation, all copyrights and rights of publicity contained therein. Mediavine does not permit copyright infringing activities and infringement of intellectual property rights through the Plugin. Copyright Policy is available here.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Plugin (“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.

Support

Mediavine offers the Plugin “as is” and with no implied meaning that it will function exactly as you would like or will be compatible with all 3rd party components and plugins. Mediavine does not offer support via email or otherwise support WordPress or other WordPress plugins Mediavine has not developed. Mediavine Publishers may receive support for the Plugin as part of the services provided solely to Mediavine Publishers.

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 Plugin, (ii) your connection to the Plugin, (iii) your violation of the Plugin 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 Content caused damage to a third party. This defense and indemnification obligation will survive the Plugin Terms of Services and your use of the Plugin. Copyright Policy is available here.

Disclaimer of Warranties

You understand and agree that you are fully responsible for your use of the Plugin. Mediavine makes no representations, warranties or guarantees.

YOUR USE OF THE PLUGIN IS AT YOUR SOLE RISK. THE PLUGIN 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 IS NOT RESPONSIBLE FOR ANY DATA LOSS, WEBSITE DOWNTIME OR ANY OTHER PROBLEMS THAT MAY OCCUR AS A RESULT OF INSTALLING THE PLUGIN.

MEDIAVINE MAKES NO WARRANTY THAT (I) THE PLUGIN WILL MEET YOUR REQUIREMENTS, (II) THE PLUGIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLUGIN WILL BE ACCURATE OR RELIABLE, (IV) THE PLUGIN WILL FUNCTION WITH OTHER THIRD PARTY PLUGINS, WEB BROWSERS OR WEB HOSTS OR (V) THE QUALITY OF ANY PRODUCTS, PLUGINS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLUGIN WILL MEET YOUR EXPECTATIONS. MEDIAVINE IS NOT RESPONSIBLE FOR ANY PLUGIN COMPATIBILITY CONFLICTS THAT MAY OCCUR.

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 PLUGIN; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLUGIN; OR (IV) ANY OTHER MATTER RELATING TO THE PLUGIN.

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 PLUGIN OR WITH THE PLUGIN TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLUGIN.

YOU SPECIFICALLY ACKNOWLEDGE THAT MEDIAVINE ANY LIABILITY FOR CONTENT SHALL REST ENTIRELY WITH THE USER.

The Plugin is offered by Mediavine from its facilities in the United States of America. Mediavine makes no representations that the Plugin is appropriate or available for use in other locations. Those who access the Plugin 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 Plugin and remove and discard any content within the Plugin, for any reason, including, without limitation, if Mediavine believes that you have violated or acted inconsistently with the letter or spirit of the Plugin Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Plugin, may be referred to appropriate law enforcement authorities. Mediavine may also in its sole discretion and at any time, discontinue providing the Plugin, or any part thereof, with or without notice. You agree that any termination of your access to the Plugin under any provision of the Plugin 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 Plugin. Further, you agree that Mediavine will not be liable to you or any third party for any termination of your access to the Plugin.

General

The Plugin Terms of Service constitute the entire agreement between you and Mediavine related to your use of the Plugin and govern your use of the Plugin, superseding any prior agreements between you and Mediavine with respect to the Plugin. All other agreements, including, but not limited to, the Publisher Agreement, continue to apply and any special terms for Plugin support or additional features for Mediavine Publishers will also 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 Plugin Terms of Service will not constitute a waiver of such right or provision. If any provision of the Plugin 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 Plugin 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 Plugin or the Plugin 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 Plugin Terms of Service without the prior written consent of Mediavine, but Mediavine may assign or transfer this Plugin Terms of Service, in whole or in part, without restriction. The section titles in the Plugin 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 Mediavine Publishers of changes to the Plugin Terms of Service or other matters by displaying notices or links to notices generally through the Publisher Dashboard.

Your Privacy

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