Mediavine University Terms of Use
THERE IS A MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION IN THESE TERMS. PLEASE REVIEW CAREFULLY.
The following terms (“Terms of Use”) constitute an agreement between Mediavine, Inc. (the “Company”) and the purchaser (“you”) of any course (each a “Course” and collectively the “Courses”) offered by Company through Mediavine University, found at https://mediavine-university.mn.co/ (the “Website”). These Terms of Use govern your use of the Website, including the purchase and participation in any offering from Mediavine University, including a Course. You agree to abide by the Terms of Use as a condition of your participation in Mediavine University Courses.
Your purchase of any Course constitutes your acceptance of, and agreement to the following Terms of Use. Company reserves the right to modify, alter, amend, or update any Course, 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 should not purchase any Course. Additionally, each Course is hosted on the Mighty Networks platform and is subject to their terms of service and privacy policy as well.
Purchase Policies
To purchase a Course, you will be required to provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your user account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. The method for delivery of each Course may vary and you will be informed of the specifics on the Course landing page on the Website. At no time will you be permitted to download any Course videos. A description of each Course can be found on the Website.
Registration and Restricted Access
Access to the Courses is restricted to Course participants. When you register, you will create a user profile, which may include a username and password. You agree to keep your username and password confidential. You may not share your username and password with anyone, for any reason, without express written consent by Company. If you suspect your password has been compromised, you must notify Company immediately at university@mediavine.com. Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use. Company may disable your username and password and access to any Course at its sole discretion. Company reserves the right to modify methods for registration and access levels of registered users from time to time.
Refund Policy
You may obtain a refund by emailing Company within 24 hours after purchase at university@mediavine.com and requesting a refund. Other refunds will be considered by Company on a case by case basis. Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.
License For Use of Each Course
Each Course was developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Courses. When you purchase a Course, you agree that you will not use any information you gain from the Course to create any product or service, whether offered for commercial or personal use, without express written consent of the Company. All inquiries for use of Company intellectual property must be submitted to university@mediavine.com. Company reserves the right to seek equitable and compensatory relief for any violation of this term.
Website Access
On the Website, you may interact with other Course participants through the Website. Your request to join and participate in group messaging or commenting constitutes your acceptance of, and agreement to these Terms of Use. If you do not agree with or do not accept any part of the Terms of Use, you must not participate in any group messaging or commenting. Messaging and commenting are designated for members over 18 years of age. Please do not join if you are not over 18 or cannot accept the Terms of Use.
Any information provided through the Website is for information purposes only and results may vary from person to person when using such information. All information is provided strictly for informational purposes and Company is not liable for any results should you choose to use any information provided. You are, and shall remain, solely responsible for the any content you upload, submit, post, transmit, communicate, share or exchange by means of the Website and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN THE PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF THE PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF THE PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER PARTICIPANTS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF THE PARTICIPANTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIPANT’S CONDUCT ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.
Company reserves the right, in Company’s sole discretion, to remove any post, comment, message or participant, for any reason.
The following posts, comments or messages are expressly prohibited and will be immediately deleted and the participant responsible for the post, comment or message is subject to immediate removal from the Website:
• Live video on the Website without Company’s approval;
• Links that self-promote your own blogs, businesses, videos, etc. without Company’s permission;
• Ads for items for sale or links to fundraisers without Company’s permission;
• Contacting other participants to solicit business or for self-gain;
• Hate speech;
• Threatening violence;
• Harassing or heckling another participant or Company;
• Spam;
• Defamatory speech towards Company, another participant, Course instructor or any third party;
• Any reference to illegal acts; or
• Anything that violates the legal rights of a third party.
Any participant violating these rules may have their access to the Website immediately and permanently revoked, in Company’s sole discretion.
Any content posted on the Website is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful content posted on the Website, nor does it assume responsibility or liability that may arise from any content posted in on the Website, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation. All posts on the Website are confidential and may not be shared with any third party. Company reserves the right to report to the appropriate authority any post, comment, participant or message that Company deems, in its sole discretion, may implicate the safety of either a participant or a third-party.
You acknowledge, however, that the Website may be joined by any member of the public, and so confidentiality cannot be guaranteed. Please do not post any information that you do not want shared.
Disclaimer
Company has made every effort to ensure that all materials within each Course have been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided by Company. Company assumes no management responsibility for your decisions or for policies or practices that you implement. Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for your earnings, income, sales, or any other business performance as a result of any Course.
Your Responsibility
Each Course was developed strictly for educational purposes. You understand and agree that you are fully responsible for your participation, progress, and results from any Course. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. You understand that Company is not responsible for your results or any expenses that you may incur as a result of your purchase. Company assumes no responsibility for errors or omissions that may appear in any Course.
Confidentiality & Privacy
Company respects your privacy and insists you agree to respect the privacy of Company and all other Course participants (“Participants”). Any confidential information (“Confidential Information”) shared by Course Participants, or any Company representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All parties agree not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, in a Course, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Courses. Confidential Information includes, but is not limited to, information disclosed in connection with this Course and the Terms of Use, and information related to the business or client information of Company or a Participant and shall not include information rightfully obtained from a third party. Both parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, you will NOT reveal any information to a third party obtained in connection with the Courses or the Terms of Use. By purchasing a Course, you agree that if you violate or display any likelihood of violating these Terms of Use the Company and/or the other Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Intellectual Property
All original materials provided by Company as part of the Course are owned by Company or instructors hired by the Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company’s or Company instructor’s intellectual property or any aspect of the Course. All intellectual property remains the property of Company or of the instructor of the Course. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied. Company or the Course instructor will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
By accessing and viewing any Course, you agree that you will not create any electronic information product that utilizes the information gained through the Course whether or not that information was available through other means.
Certain of the names, logos, and other materials displayed in the Course constitute Company’s and/or the Company instructor’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company and Instructor IP”). You are not authorized to use any Company and Instructor IP without Company’s express consent. Ownership of Company and Instructor IP remains with Company and the instructor and you agree not to make any claims or assertions of any other party’s ownership of Company and Instructor IP.
Mediavine University is a trademark of Company and is protected by United States trademark law. Company’s and instructor’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s or the instructor’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company, the Courses, or any experts featured therein.
Use of the Course
Each Course includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email, and use materials from a Course for personal, noncommercial purposes only subject to the license below. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from any Course for commercial purposes. Any reproduction or unauthorized use of any materials found in the Courses shall constitute infringement.
Unless otherwise stated, Company and/or the Company instructor owns the intellectual property and rights to all content and material in the Courses. 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 Courses, unless content is specifically and expressly made available for republication;
• Sale, rental, or sub-license of any content from the Courses;
• Reproduction or duplication of any content in the Courses for commercial purposes;
• Modification of any content in the Courses, unless content is specifically and expressly made available for modification; or
• Redistribution of content in the Courses, unless content is specifically and expressly made available for redistribution.
You must not use the Courses in a way that causes, or may cause, damage to the Courses or impairs the availability of access to the Courses. You must not decompile, reverse engineer, disassemble or otherwise reduce the Courses, except to the extent that such activity is expressly permitted by applicable law. You must not use the Courses 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 Courses without Company’s express written permission. You must not use the Courses to transmit or send any unsolicited commercial communications. You must not use the Courses for any third-party marketing without Company’s express written permission.
Grant of Rights and Release
You understand and agree that Company may record, otherwise capture, and publish a Course including your name, image, and video and sound recordings of you (the “Recording”). You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute the Recording and any content you contribute to the Course or Website (the “Student Content”). The Student Content 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 Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
You understand and agree that, in the event your access to any Course is terminated, this license and release survives termination and Company may, in its sole discretion, utilize the Recording and Student Content as set forth herein. This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of Company and you hereby release Company from, and agree not to sue for, any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action, based upon or relating to the use of the Recording or Student Content, or the exercise of any of the rights referred to herein.
You acknowledge that, in the event of any breach by Company or any third party, the damage, if any, caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief. Your rights and remedies will be strictly limited to the right, if any, to recover damages in an action at law, and you will have neither the right to rescind or terminate this license or any of Company’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Recording or Student Content.
Content Contributed to the Course
Any content you contribute to the Course, 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 Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Course or Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Course or Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Courses or Website.
Communication – Electronic Notice
You consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
Third Parties
The Courses may offer resources that may contain links to third-party websites that are not governed or controlled by Company. 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 websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website.
Prior to engaging in any commercial transactions with any third parties discovered through or linked on a Course, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in a Course, you expressly hold Company harmless from any and all liability in any dispute.
No Warranties
The Website and Courses are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Company makes no representations or warranties in relation to the Website, Courses or the information and materials provided therein.
Company makes no warranty the Website or a Course will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website or a Course.
Limitation of Liability
COMPANY WILL NOT BE LIABILE 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.
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 WEBSITE, THE COURSES OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Indemnity
You agree to defend, indemnify and hold Company, 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 Company 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.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
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 New Castle, Delaware. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. 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 Company’s prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion. The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Course offered by Company. Company reserves the right to amend, alter, or modify the Terms of Use at any time. All notices with respect to the Terms of Use must be in writing and may be via email to university@mediavine.com for Company and to your email address.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Miscellaneous.
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. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
The Terms of Use may not be assigned by you without Company’s prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Courses offered by Company.
The failure of Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Website or Company must be in writing and signed by an authorized representative of the Company.
All notices with respect to the Terms of Use must be in writing and may be via email to university@mediavine.com. for Company and to your email address.
Last updated: February 23, 2022.