PUBLISHER STANDARD TERMS AND CONDITIONS
These Terms And Conditions (“Terms”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”) and the use of the products, services, and technology made available by Pulpix. The Publisher shall place a widget provided by Pulpix (“Widget”) on their Website and shall permit Pulpix to utilize information provided to it by the Widget in order to make recommendations (“Recommendations”) regarding: (i) videos and other content owned by or licensed to Publisher (the “Publisher Material”) and (ii) videos and other content supplied by third parties (“Pulpix Sponsored Content”) to Website visitors (“Visitors”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms And Conditions.
2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, Pulpix and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
During the Term and subject to Publisher's full compliance with all of the Terms, Pulpix grants Publisher a limited, non-exclusive, revocable, non-sublicensable, nontransferable license to use the Technology to display Recommendations on their Sites in the form and format provided.
Publisher grants Pulpix the right (i) to interact with the Widget on the Websites for the purposes of developing and serving Recommendations to Visitors; and (ii) to use Publisher’s name and logo when referring to Pulpix's customers in Pulpix marketing materials.
You are expressly and emphatically restricted from all of the following:
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
- Publisher agrees that it will not, either by itself or by authorizing or encouraging others to do so, directly or indirectly, use, post or promote the Widget or any Recommendations in association with any material or content which is, or which may be reasonably considered to be illegal, unlawful or infringing under any applicable laws, pornographic, obscene, promotional of illicit drugs and drug paraphernalia, gambling-related, weapon or ammunition-related, violent, libelous, defamatory, indecent, seditious, offensive, invasive to privacy, abusive, threatening, harmful, vulgar, possibly capable of inciting racial hatred, discriminatory (racially, ethnically or otherwise), in breach of confidence or any other right of any third party, or lacking in necessary authorizations, approvals, consents or licenses.
Certain areas of this Website are restricted from access by you and Pulpix may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content.
In these Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Pulpix a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Pulpix reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. Your Data.
Pulpix uses the information we collect about and from you for a variety of business purposes, including for example: to respond to your questions and requests; to provide you with access to certain functions and features of the Service; to provide and maintain your platform account(s); to verify your identity; to communicate with you about your account and activities using the Service; to tailor content recommendations we serve you; to improve the Service for internal business purposes; and for purposes we disclose at the time you provide your Personal Information or to which you otherwise consent.
Pulpix will not provide any of your Personal Information to any third parties without your specific consent.
6. No warranties.
This Website is provided “as is,” with all faults, and Pulpix makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
7. Limitation of liability.
In no event shall Pulpix, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Pulpix, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Pulpix from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. Variation of Terms.
Pulpix is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Pulpix shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
12. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Pulpix and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
13. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.