Welcome to Platform.33across.com (the “Site”), a website operated by 33across Inc. (together with its affiliated companies, “33Across”, “we”, “us”, or “our”). We operate the Site, and 33Across software products and services made available through the Site (collectively the “Services”), as well as our platform (the “33Across Platform”). The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us whether you are a visitor to this Site (a “Visitor”), an individual who is accessing and using the 33Across Platform from a Supply Partner website (an “End User”) or the owner or operator of a website that installs the Services on its website (a “Supply Partner” and the website a “Supply Partner Site”). Unless otherwise indicated, “you” means Visitors, End Users and Supply Partners.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE AND USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE ACCESSING THE SITE OR USING THE SERVICES ON BEHALF OF AN ENTITY OR BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR BUSINESS TO THESE TERMS OF USE. IF YOU OR THE ENTITY DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
1. SERVICES. The 33Across Platform provides link creation in copied and pasted Supply Partner Content. When we refer to Supply Partner Content we mean web pages, text, videos, images, audio clips, photos, graphics, advertisements, sponsorships and/or other types of content or data served from a Supply Partner Site.
2. SUPPLY PARTNER USAGE. As a Supply Partner, you will be provided with customized script that allows you to install the Services on a webpage on your Supply Partner Site. When you install our script on a web page, you authorize us to use, reproduce, distribute, publicly display and publicly perform the Supply Partner Content to the extent necessary for us to provide the Services.
3. SUPPLY PARTNER ACCOUNTS. If you are a Supply Partner and want to receive reports or other customized Services that are related to your Supply Partner Site(s), we may require that you create an Account. You can create an Account by following the registration instructions provided on the Site. If you choose to create an Account, you agree to provide only true, current, accurate, and complete registration information, and keep that information true, accurate, and up-to-date. Each registration is for your personal use, or for the use by the company or organization on whose behalf you access the Site and use the Service.
4. SUPPLY PARTNER CONTENT RULES. We do not endorse any Supply Partner Content or any opinion, recommendation, or advice expressed in any Supply Partner Content, and we expressly disclaim any and all liability in connection with any Supply Partner Content. We may decide whether any Supply Partner Content is inappropriate or not in compliance with these Terms of Use and reserve the right to remove Supply Partner Content and/or suspend or terminate your use of the Services at any time, without prior notice and in our sole discretion.
5. PRIVACY AND DATA SECURITY. Supply Partner is responsible for ensuring that it is in full compliance with the applicable Data Protection Authority’s interpretation of E-PRIVACY DIRECTIVE 2009/136/EC and all applicable laws and regulations regarding the posting of privacy policies and the collection, use and disclosure of the offline data. You are responsible for providing a link to opt out of personalized advertising, such as optout.networkadvertising.org. Each party will comply with all applicable laws, regulations, and self-regulatory organization codes including, without limitation, the National Advertising Initiative Code of Conduct. To the extent the General Data Protection Regulation (GDPR ) (Regulation (EU) 2016/679) is applicable to the Parties’ activities under this Agreement, each Party will ensure its services and business practices comply with the GDPR no later than the date on which it comes into effect, and will adhere to the Data Processing Addendum attached as Addendum A hereto and incorporate into these Terms of Use.
6. OWNERSHIP AND 33ACROSS LICENSES. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services and any Downloadable Code (as defined below) (“Our Technology”), are: (i) protected by United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Subject to the terms of this Terms of Use, we hereby grant to Supply Partner a limited, non-exclusive, worldwide license to use and reproduce the code provided by us that enables the installation of Services on your Supply Partner Site (the “Downloadable Code”). This right and license is personal to you. Supply Partner may not be sub-license or transfer such license to any other party. Except as specifically allowed in this paragraph, Our Technology may not be modified, reproduced, republished, posted, displayed, performed, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. If you are a U.S. Government end user, any of the components that constitute Our Technology and its related documentation is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire Our Technology and any documentation provided with the Services with only those rights set forth in these Terms of Use.
7. DATA RIGHTS. We do not charge End Users or Supply Partners a fee for using the Services, including the 33Across Platform. In consideration for the Services, you agree that we may collect data related to an End User’s use of the Services that does not include any Personally Identifiable Information (“PII”) including an End User’s copying and pasting of Supply Partner Content (collectively, the “Data”). Our data collection, use and disclosure practices are described more fully in our Privacy Policy and include the use of log information and cookies that record non-personally identifiable information about End Users. We do not collect any PII from End Users through the provision of the Services. When an End User visits a Supply Partner Site, we may deploy a cookie to record information about how the End User uses the web, such as the web search that landed the End User on a particular page or categories of the End User’s interests. We may use the Data to target advertising toward the End User or authorize others to do the same. You grant us a non-exclusive, perpetual, worldwide and irrevocable right and license to collect, use and disclose the Data as provided in our Privacy Policy and to allow our third party data partners to do the same. 33Across agrees that it will share data only on an aggregated basis in such a way that a third party cannot be able to determine a specific Supply Partner’s total traffic or the traffic on any specific page.
8. PRIVACY. We value your privacy and the security of your information. For this reason, our Privacy Policy describes our collection, use and disclosure of information.
9. GEOGRAPHICAL RESTRICTIONS. We make no representation that all of the Services are appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to access our Site and the Services, or make the Services available via the Supply Partner Site, you do so on your own initiative and are responsible for compliance with applicable laws, rules, and regulations. We agree that the Site and the Services may be used within the United Kingdom.
10. MODIFICATIONS TO TERMS. We may change the terms of these Terms of Use from time to time on a going-forward basis. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email. Any such modifications become effective upon the earlier to occur of (i) your acknowledgement of such modifications; or (ii) your continued access to and/or use of the Site or Services after we post notice of such modifications. It is your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Use. If you do not agree to any changes, if and when such changes may be made to the Terms of Use, you must cease access to the Site and use of the Services.
11. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such modification, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
12. TERMINATION. You acknowledge and agree that we, at our sole discretion, may terminate your use of the Site and/or the Services without prior notice for any reason at any time. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE AND SERVICES. In the event of any termination, you will immediately cease access to the Site and/or the applicable Services, and we will no longer provide you such Services.
13. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by mail at Copyright Agent at: DMCA Claims, 33Across Inc., 228 Park Avenue South, PMB 74008 NY NY 10003, or by email at contactus@33across.com. Please note that, pursuant to 17 U.S.C., section 512(f), any knowing misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
14. DISCLAIMERS. THE SITE AND SERVICES AS WELL AS ALL SOFTWARE, MATERIALS, AND TECHNOLOGY USED TO PROVIDE ANY OF THE FOREGOING, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 33ACROSS, OUR AFFILIATES, AND OUR RESPECTIVE, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, QUIET ENJOYMENT, UN-INTERRUPTION, AND/OR SYSTEM INTEGRATION. 33ACROSS, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SITE OR SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR FREE.
15. LIMITATIONS OF LIABILITY AND CONTENT. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE, AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL 33ACROSS, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES OR LIKE DAMAGES, INCLUDING, LOST PROFITS, GOODWILL, LOST OPPORTUNITIES AND INTANGIBLE LOSSES, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS, INCLUDING, FOR EXAMPLE AND CLARITY ONLY, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, THE SITE, THE 33ACROSS PLATFORM, OR CONTENT. THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT 33ACROSS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION BY US OF THESE TERMS OF USE IS TO DISCONTINUE USING THE SITE OR THE SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION OF THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. YOU AND 33ACROSS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR 33ACROSS PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR, WITH RESPECT TO A PAYMENT DISPUTE, WITHIN NINETY (90) DAYS OF RECEIPT OF PAYMENT, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. INDEMNIFICATION. You agree to indemnify, defend and hold harmless 33Across, our officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (i) any content you submit, post or transmit through the Site or Services, (ii) your use of the Site or Services, (iii) your violation of these Terms of Use, (iv) your violation of any rights of any other person or entity, or (v) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
17. ELECTRONIC COMMUNICATIONS. We can give you the benefits of our service only by conducting business through the Internet, and therefore we need you to consent to our giving you Communications (as defined below) electronically. This Section 17 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
18. SURVIVAL. Any provisions regarding ownership, any licenses that by their terms survive termination, as well as Sections 12 through 23 will survive the expiration or termination of these Terms of Use for any reason.
19. NOTICE; VIOLATIONS. We may give notice to you by email or other reasonable means. You must give notice to us in writing via email to contactus@33across.com or as otherwise expressly provided. Please report any violations of these Terms of Use to contactus@33across.com.
20. CHOICE OF LAW AND VENUE. The Terms of Use and the relationship between you and 33Across will be governed by the laws of the State of New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or your use of the Site or Services must be instituted exclusively in the federal or state courts located in the County and State of New York and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.
21. ASSIGNMENT; INJUNCTIVE RELIEF. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
22. NO WAIVER. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
23. ENTIRE AGREEMENT. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.
Last Updated: Dec 07, 2018