Terms of Service

  1. Terms of Service

PLYmedia Solutions Inc., a Delaware corporation, including its direct and indirect subsidiaries and affiliates or parent companies (“PLYmedia”) develops technology platforms and services for content enrichment and monetization. PLYmedia, its sites, including subsidiaries, affiliates and parent’s sites, its product sites (collectively referred to as the “Websites” or “Us”) and the products, services or applications provided via the internet through PLYmedia Websites (“Services”), sets the following Terms of Use for its services (“Terms”). For additional details regarding the individual policies and guidelines of PLYmedia’s services, please visit the applicable product/service page.

  1. General

2.1 Acceptance of Terms

By visiting or using the Websites or Services you agree to be bound by these Terms. If you do not agree to any of these terms, please refrain from using the Websites and Services.

2.2 Modifications to Terms

PLYmedia reserves the right to change or modify the Terms, Privacy Policy, or Copyright Policy at any time. Posting the modified Terms, Privacy Policy, or Copyright Policy on the Websites will affect to the revised terms. Your continued use of the Websites or Services indicates your acceptance of any revised terms. If you do not agree to the revised terms, please refrain from using the Websites and Services.

2.3 Notice

PLYmedia may post, from time to time, changes that are made to the Terms, Privacy Policy or other Website related services. Posting such announcements on the Websites or via email would be considered as an acceptable notification and would give effect to the changes.

2.4 Privacy

PLYmedia has a strong commitment to protect the privacy of its users. The terms of our Privacy Policy are incorporated into, and considered part of, these Terms and must be accepted by you prior to your use of the Services. For more information regarding PLYmedia’s privacy policy, read the Privacy Policy.

  1. Service

3.1 Description, User Account, Uses and Conduct

PLYmedia provides technical platforms and solutions. Products and services include: adk2 (algorithmic trading platform for advertising), adstract (advertising network and exchange), ApPLY (affiliate platform) and PLYexchange (performance exchange). Our suite of services have been developed for ad networks, advertisers and website publishers

3.2 Ability to Change Service

PLYmedia retains the right to, at any time and without prior notice, suspend, discontinue, delete, modify, or remove any content or Service offered on the Websites without reason or liability. In addition, PLYmedia may in the future charge for Services which are currently available for free.

  1. User Accounts, Uses and Conduct

4.1 Restrictions on Use that Infringes Copyright

PLYmedia is committed to protect copyright and intellectual propriety rights of owners of content. By using the Services the user of the Plymedia Websites or Services (“User”) agrees to strictly follow copyright law and agrees not to use the Services in any manner which might be in conflict with others’ rights. PLYmedia does not approve of the use of the Services in any manner which will offend copyright owners or infringe the terms of use or copyrighted material or in the sites which host the original content.

4.2 Restrictions on Offensive or Illegal Use

PLYmedia is committed to a legal, safe, friendly and equal environment. PLYmedia strictly prohibits the use of the Services or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Websites or Services to create, edit, post, link to or share any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the right to privacy or any other illegal, offensive or inappropriate content. PLYmedia reserves the right, on its sole discretion, to remove any content which deems to be illegal, offensive or inappropriate and to take action against the User, including, but not limited to, stopping the service.

4.3 Rights in Metadata

PLYmedia may use the metadata which is created by use of the Services to enrich its User’s experiences and provide its Users and affiliates with useful information, in accord with its Privacy Policy. The metadata is PLYmedia’s property and manual or automated harvesting of the data from the Websites or Services directly, indirectly or in any other manner is strictly prohibited. PLYmedia reserves the right to share the metadata with its partners and affiliates.

4.4 Termination

PLYmedia reserves the right to, without prior notice, terminate a User account with or without the User violating these Terms. If your User account is terminated, your rights to use the Websites and Services will stop immediately. Termination is without prejudice to all other remedies available to PLYmedia at law and under this agreement.

4.5 Inappropriate Content

PLYmedia may review and delete any content that, in its sole judgment, violates this Agreement or may be offensive, illegal or violate the rights, harm, or threaten the safety of any User, or person not associated with the Websites or Services (collectively “Inappropriate Content”). You are solely responsible for the content that you make visible on the Websites or Services, on websites which have integrated PLYmedia functionality or to any 3rd Party website or any other material or information that you transmit or share with other Users or unrelated 3rd parties via the Websites or Services.

4.6 Reporting Inappropriate Content

PLYmedia prohibits certain content as described above. You should report any suspected violations in accordance with the PLYmedia’s Copyright Content policy (click here)

  1. Limitation of Liability

    5.1 Warranty Disclaimer and Limitation of Liability

    UNLESS AS SPECIFIED OTHERWISE IN PLYMEDIA’S SERVICES AND THEIR RESPECTIVE TERMS OF SERVICE, AND THE WEBSITES PROVIDED BY PLYMEDIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLYMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES, SERVICES (UNLESS AS PROVIDED IN THE SERVICE AGREEMENT) OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OFFERED IN OR APPEARING ON THE WEBSITES OR THROUGH THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PLYMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PLYMEDIA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY CONTENT, MATERIALS OR PRODUCTS OFFERED THROUGH THE WEBSITES OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITES OR SERVICESARE AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. 
    WE ASSUME NO LIABILITY FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS OF THIS WEBSITES, PRODUCTS OR SERVICES (DIRECT, INDIRECT OR CONSEQUENTIAL), INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR OTHER DAMAGES ARISING FROM THE USE OF THE WEBSITES, SERVICES OR ANY CONDUCT BY USERS OF THE WEBSITES OR SERVICES WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLYMEDIA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT, LOSS OR DAMAGES OF DATA, HARDWARE OR PROFITS WHATSOEVER. YOU ARE ALSO SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT, IF AND WHERE APPLICABLE. PLYMEDIA FURTHERMORE DOES NOT GUARANTEE ANY RESULTS BY YOUR USE OF THE WEBSITES OR SERVICES.

    You agree that you are solely responsible for abiding by all laws and regulations that may be applicable to your use of Websites or services in your jurisdiction.

    You agree that should any provision in these Terms of Use be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.

    5.2 Indemnification
    You agree to indemnify PLYmedia, its existing or future subsidiaries, parents, affiliates, directors, employees or heirs for any harm or any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement, your Content, or use of the Websites or Services.

    5.3 Third Party Content and Links

The Websites and Services contains links to other websites. PLYmedia is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Websites or made available through the Services do not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party websites, you do so at your own risk.

Some of the hyperlinks on the Websites or made available through the Services may lead to other websites that are not controlled by, or affiliated with, PLYmedia. In addition, other websites may link to the PLYmedia Websites or Services. PLYmedia has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

5.4 Intellectual Property and Proprietary Rights

PLYmedia owns or is licensed to use the intellectual property related and associated with the Websites and Services. PLYmedia owns and retains all proprietary rights in its websites. The Websites and Services contains copyrighted material, patented and unpatented technology, registered and unregistered trademarks, service marks (registered and unregistered), logos, software, design, text, editorial materials, information text, photographs and images, illustrations, clip art, audio and video clips, short features, artwork, names and other graphic materials and other proprietary information of the Websites and Services and/or its licensors and are protected by copyright, trademark and other intellectual property laws (“Materials”). The User is granted no right, claim, title, interest, security interest or any other interest in the intellectual property (moral or otherwise) associated or related to the Websites or Services and nothing should be inferred as granting such rights, claim, title or interest to the user.

Use of Materials is only permitted with the express written permission of PLYmedia and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. Any images of persons or personalities contained on the Website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

5.5 Use of Comments and Submissions

All reviews, comments, feedback, suggestions, ideas, ratings and other submissions disclosed, submitted or offered to PLYmedia on or by its Websites or Services or otherwise disclosed, submitted or offered in connection with your use of this Websites or Services (collectively, the “Comments”) shall be and remain PLYmedia’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PLYmedia of all worldwide right, title and interest in all copyright and other intellectual property rights in the Comments. PLYmedia shall not be limited in any way in its use or adaptation, commercial or otherwise, of any Comments. We are under no obligation to (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) to respond to any Comments.

You agree that no Comments submitted by you to the Websites or to PLYmedia will be, or contain, libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. We do not regularly review posted Comments, but we reserve the right (but not the obligation) to monitor and edit or remove any Comments at our sole discretion.

5.6 Marketing

By using the Website or Services, you hereby agree that PLYmedia may identify you as a PLYmedia customer or partner in any relevant list and may use your name and/or logo solely for such purpose in its marketing Materials. Any other uses of your name and/or logo not otherwise described or contemplated herein shall require your prior written consent.

5.7 Governing Law and Jurisdiction

This Agreement shall be treated as though it was executed and performed in the state of New York, NY, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Website or Services (and/or any information, documents, products or websites related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

 

Last Update:  October 2016