1. SERVICES. The 33Across Platform provides link creation in copied and pasted Publisher Content. When we refer to Publisher 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 Publisher Site.
2. PUBLISHER USAGE. As a Publisher, you will be provided with customized script that allows you to install the Services on a webpage on your Publisher Site. When you install our script on a web page, you authorize us to use, reproduce, distribute, publicly display and publicly perform the Publisher Content to the extent necessary for us to provide the Services.
3. PUBLISHER ACCOUNTS. If you are a Publisher and want to receive reports or other customized Services that are related to your Publisher 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.
5. PRIVACY AND DATA SECURITY. Publisher 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. 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.
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 Publisher 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.
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:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site or Services;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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 Multimedia Inc., 1221 Bridgeway Blvd., Ste. 2, Sausalito, CA 94965, or by email at email@example.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.
Last Updated: June 01, 2018