Terms & Conditions
These Website Terms of Use (these “Terms”) represent a binding agreement between Perform Media, Inc., a Delaware corporation (the “Company,” and also referred to herein as “us” or “we”), and you, a user of our website or any other online or mobile products or services that we may offer from time to time, whether now existing or hereafter developed, and which include, without limitation, the website located at www.performmedia.com and any other website(s) on which these Terms have been posted by us (the “Sites”), any mobile applications we may decided to offer from time to time (each, an “Application”), and any content, software, applications, other content or services provided in connection with any Site or Application (the “Content,” and collectively with the Sites and the Applications, the “Services”).
THESE TERMS WILL GOVERN YOUR USE OF THE SITES, ANY APPLICATIONS AND THE OTHER SERVICES, AND YOU SHOULD READ THEM CAREFULLY BEFORE ACCESSING OR USING THE SITES, ANY APPLICATION OR ANY OTHER SERVICES. BY ACCESSING ANY SITE OR USING ANY APPLICATION OR ANY OTHER SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH (OR OTHERWISE INCORPORATED) HEREIN. IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITES, THE APPLICATIONS AND ANY OTHER SERVICES.
1. BINDING EFFECT. This is a binding agreement. By using the Sites, any Application or any other Services, you agree to abide by these Terms, as they may be amended by the Company from time to time. We may, in our sole discretion, amend or revise these Terms at any time and from time to time, and by continuing to use any Site, Application or other Services, you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms, you should nevertheless periodically review these Terms from time to time to make sure you are in agreement with the most up-to-date version. If at any time you find these Terms unacceptable, you must immediately cease all use of the Sites, the Applications and the other Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ATHESE TERMS WILL GOVERN YOUR USE OF THE SITES, ANY APPLICATIONS AND THE OTHER SERVICES, AND YOU SHOULD READ THEM CAREFULLY BEFORE ACCESSING OR USING THE SITES, ANY APPLICATION OR ANY OTHER SERVICES. BY ACCESSING ANY SITE OR USING ANY APPLICATION OR ANY OTHER SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH (OR OTHERWISE INCORPORATED) HEREIN. IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITES, THE APPLICATIONS AND ANY OTHER SERVICES.
2. NY SITE OR OTHER SERVICES, AS THESE TERMS CREATE BINDING LEGAL OBLIGATIONS AND LIABILITY THAT MAY RESULT FROM USE OF ANY SITE OR OTHER SERVICES.
3. ADDITIONAL TERMS. By using the Sites and our other Services, you further agree that you will comply with any additional terms that we may provide to govern certain products or services that we offer from time to time (“Additional Terms”); we will present any such Additional Terms in conjunction with the applicable products and services. We may also require your agreement to rules of participation (“Rules”) for activities and services such as (by way of example only) award programs, special promotions, contests or sweepstakes. Any Additional Terms or Rules that we promulgate are hereby incorporated in these Terms by this reference. In addition, we reserve the right to modify or terminate any award programs, special promotions, contests or sweepstakes at any time in our sole discretion and without notice.
4. CONTACT INFORMATION. If you have any questions concerning us, any Site, Application, or other Services, these Terms, or anything related to any of the foregoing, we can be reached at the following email address or via the contact information available from the following hyperlink:
4.1. info@performmedia.com, www.performmedia.com
5. PRIVACY POLICY. We respect your privacy and want you to have control over the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking [here]. Our privacy policy is expressly incorporated into these Terms by this reference, and your use of any Site, Application or other Services indicates your agreement to our privacy policy as part of these Terms. If there is any conflict between these Terms and the privacy policy on any matters relating to the privacy of your personal information, the terms of the privacy policy will prevail.
6. LIMITATIONS ON USE OF THE SERVICES. You understand and agree to the following restrictions and limitations on your use of any Site and our other Services, and further agree that any violation of these Terms (including, but not limited to, a failure to abide by the following restrictions and limitations) may result in the suspension or termination of your account and cause you to lose your ability to access and use the Sites and/or our other Services. In addition, we may suspend your ability to use or access any Site or other Services at any time while we investigate complaints or alleged violations of these Terms, or for any other reason within our sole discretion.
6.1 ELIGIBILITY. Use of the Sites and the other Services is void where prohibited. The Sites and the other Services are intended solely for users who are 13 years of age or older. Any use of or access to any Site or other Services by anyone under 13 is unauthorized and in violation of these Terms. By using any Site or other Services, you represent that you are at least 13 years old, and that you understand and agree to abide by all of these Terms.
6.2 ACCURACY OF INFORMATION. At this time, you are not required to register with us in order to use our Services, and Content is available without registration or need for a user account; however, we may require you, at some point, to create an account to participate in services offered, to access additional Content or Services, or to secure additional benefits. If we do implement this requirement, then you must provide, maintain and update accurate, complete, truthful and current information in response to all questions asked and requests made by our registration processes, and you will only be permitted to use your own account to access any Services we offer to registered users. You may not under any circumstances use the account, username, or password of someone else at any time, and you also may not create an account under false pretenses or using any falsified or inaccurate information. Allowing someone else to use your account, creating an account with any false or inaccurate information, or using someone else’s account to access Services will be grounds for suspension or termination (in our sole discretion) of the offending users and the accounts used for access. You will be entirely responsible for maintaining the confidentiality of any password and other account information that you create in order to access or use any Services. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
6.3 RESTRICTED BEHAVIOR AND CONTENT. The rules of conduct set forth in Section 8 below apply to the Sites and all other Services, and you must comply with those rules of conduct at all times when visiting any Site, or using any other Services. Your violation of the rules of conduct will constitute a breach of these Terms, and in addition to suspending or terminating your account (if applicable) and your access to and use of the Sites and/or the other Services, we reserve the right to take any and all legal action that may be available to use as a result of such breach.
7. USE OF SOFTWARE. Use of the Sites and the other Services may require you to use software provided by or operated from the Sites or through the other Services, or provided by third-party distributors, and on occasion we may make certain software (which may include, without limitation, videos or audio or image files) available to you from the Sites or via the Services. To the extent you use such software or download such software via the Services or from an authorized third-party distributor, the software, including all files, sounds and images contained in or generated by the software, and accompanying data (collectively, “Software”) will be deemed to be licensed to you by us, for your personal, noncommercial use only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software (except as we otherwise agree in writing), nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form of code.
8. COPYRIGHT AND TRADEMARK INFORMATION. You should assume that all Content is copyrighted (except as otherwise noted), and that our permission is required for you to use any Content in a way that is not expressly permitted by these Terms. “Perform Media” and the Company name and logo, together with our other trademarks, trade names, logos and product and service names, are trademarks of Perform Media, Inc., and you may not copy, use or display them in any manner (excluding displays found on the Site or generated by any Services) without our prior written consent, which we may withhold in our sole discretion.
9. USER CONDUCT.
9.1 COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing a Site or using the other Services, you agree to obey the law and to respect the intellectual property rights of the Company and of others. Your use of the Sites and the other Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to download, reproduce, submit, upload, transmit, display, or otherwise distribute any content in violation of the copyrights, patents, trademarks, trade secrets or other intellectual property or proprietary rights of the Company or of any third party. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using any account that you have established or maintain.
9.2 INAPPROPRIATE CONTENT. You will not use any of the Services (or any Company social media page or platform, whether accessible from any Site or via the Services or otherwise established, operated or maintained by the Company) to submit, upload, transmit, display, communicate, or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that promotes hate, violence or unlawful discrimination; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) is intentionally designed to mislead, disparage or embarrass others, or that reveals private information about others without their consent; (d) violates any of the prohibitions set forth in Section 8.3 below; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right, to the extent possible (and without prejudice to other rights or remedies we may have available to us) to terminate your ability to provide and/or receive any such material using the Sites, the Application or the Services, and to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
9.3 PROHIBITED USES. In addition to the foregoing, we impose certain restrictions on your permissible use of the Services. You are prohibited from violating or attempting to violate any security features of the Sites or any other Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Sites or any other Services, system or network, or to breach security or authentication measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or “scraping” tool) to monitor, access or copy any Content available from the Sites or the other Services; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to any Site (or any server that supports our Services), overloading, initiating or facilitating any “denial of service” attack, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using the Sites or any other Services or our servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Sites or any other Services; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company or its business partners in providing the Services. Any violation of system or network security may subject you to civil and/or criminal liability, and may result in your temporary or permanent loss of access to and use of the Sites and/or the other Services.
9.4 ALLEGED VIOLATIONS; TERMINATION OF ACCESS. We reserve the right, to the extent possible, to block or terminate your use of any Site and/or other Services at any time and for any reason (including for no reason). To ensure that we can provide a high quality experience for you and for other users of the Sites and the other Services, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Sites or the other Services. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Sites and/or the Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of these Terms, furnished us with false or misleading information, or interfered with use of any Services by others.
10. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on a Site or with our other Services. We have adopted a policy for responding to allegations of infringement, and that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the material that is claimed to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as a URL or screen shot);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in your notice is accurate, and that, under penalty of perjury, you are authorized to act on behalf of the owner of the material being infringed; and
(e) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it in writing to our designated agent, who may be reached at the following address: Perform Media, Inc., 100 W Broadway Ave., 3rd Floor, Long Beach, CA 90802
11. NO WARRANTIES. WE ARE MAKING THE SITES AND THE OTHER SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITES OR THE OTHER SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITES OR ANY OTHER SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITES OR ANY OTHER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
12. DISCLAIMERS.
12.1 DISCLAIMER REGARDING THIRD-PARTY CONTENT. THE SITES AND THE OTHER SERVICES, AS WELL AS ANY PRESENCE OR CONTENT THAT WE MAINTAIN ON SOCIAL MEDIA OR OTHER THIRD-PARTY SITES AND APPLICATIONS, MAY PRESENT YOU WITH THE IDEAS, OPINIONS AND VIEWS OF THIRD-PARTIES, ALL OF WHOM ARE BEYOND THE CONTROL OF THE COMPANY. WE DO NOT AND CAN NOT BE RESPONSIBLE FOR, OR OTHERWISE ENDORSE OR GUARANTEE, THE ACCURACY OR TRUTHFULNESS OF ANY SUCH CONTENT GENERATED BY THIRD PARTIES.
12.2 FURTHER DISCLAIMER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT WE HAVE CREATED THE SITES AND OUR OTHER SERVICES FOR THE PURPOSE OF PROVIDING CONTENT THAT WE BELIEVE OUR USERS WILL ENJOY, AND WHILE WE EXERCISE REASONABLE EFFORTS TO MONITOR THE INFORMATION ON THE SITES AND AVAILABLE FROM OUR OTHER SERVICES, AND TO UPDATE THE SITE REGULARLY, YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL INCLUDED ON ANY SITE OR PROVIDED BY ANY SERVICES, OR ON ANY SITE ACCESSIBLE FROM THE SITES OR WITH USE OF OUR OTHER SERVICES.
13. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES AND/OR THE OTHER SERVICES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU UNDER THESE TERMS BY THE COMPANY. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. WE MAY TERMINATE YOUR ACCESS TO THE SITES AND/OR THE OTHER SERVICES OR ALTER OR DELETE THE SITES OR THE OTHER SERVICES OR ANY CONTENT OR FEATURES AT ANY TIME, IN ANY WAY, AND FOR ANY REASON OR NO REASON, ALL IN OUR SOLE DISCRETION.
14. AFFILIATED SITES. We have no control over, and no liability for any third party websites or materials, including (without limitation) any social media platforms or other third-party services and distributors from which our Content or Services may be accessed. We may from time to time work with partners and affiliates whose Internet sites may be linked with or made available by the Sites or through the other Services. The Company has no control over the content and performance of these partner and affiliate sites, and we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, nor do we assume any responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Sites or the other Services, you may have access to content and websites that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content when used in connection with any Services.
15. INDEMNITY. You agree to indemnify and hold harmless the Company, its affiliates, members, managers, officers, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Sites or any other Services, your violation of these Terms, or your infringement, or infringement via the Sites or the other Services by any other user of your computer or mobile device or any account that you establish under these Terms, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
16. COPYRIGHT. All Content and other materials appearing on any Site, in any Application or that are otherwise provided by the Services are: Copyright © Perform Media, Inc. and its licensors. All rights reserved. For more information (including any questions about reusing Content), please contact us by email at the address set forth in Section 3 above.
17. GOVERNING LAW. These Terms will be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA in all disputes arising out of or related to the use of the Sites, the Application, the other Services or any actions or transactions related to your use thereof or to these Terms.
18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
19. NO LICENSE. Nothing contained on any Site or available through the other Services should be understood as granting you a license to use any of our trademarks, service marks, or logos, or the trademarks, service marks, or logos owned by any third party, or any rights to our Content broader than or otherwise in excess of the rights expressly granted under these Terms.
20. CALIFORNIA USE ONLY. The Sites and the other Services are controlled and operated by the Company from its offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Sites and the other Services should not be construed as the Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
21. MODIFICATIONS. We may, at any time in our sole discretion and without prior notice: (a) revise these Terms; (b) modify the Sites or the other Services or any of the Content they offer; and (c) discontinue or add additional Sites, Applications or other Services at any time. We will post any revision to these Terms to the Sites and (where applicable) in the other Services, and the revision will be effective immediately on such posting. You agree to review these Terms and any other online policies that may be posted on the Sites or accessible through the other Services periodically to be aware of any revisions. You agree that, by continuing to visit the Sites or using any other Services following any such revision, you will abide by the then-current Terms.
22. TRACKING TECHNOLOGY.
If you are an advertiser, you acknowledge and agree that we will use crawlers, bots, spiders or similar technology (“Trackers”) to automatically navigate your landing page/site by following the link/URL provided in your advertisement for the purpose of audit and assessments.
Trackers will gather and cache data from your landing page/site like HTTPS Response, landing page text content, contextual classification of data on your site through topics, categories and keyword search and extract images (“Tracked Data”). Trackers only extract published data that is publicly available on the internet.
We acknowledge and agree that you have all rights, title and interest in the intellectual property rights (if any) contained in the Tracked Data. By using our Services, you grant to us non-exclusive, transferable, sublicensable, worldwide, right and license to use the Tracked Data for; i) verification of the landing page mentioned in your advertisement link/URL, ii) indexing and quality scoring of the landing page, and iii) improving our Services.
For any concerns or enquiries regarding Trackers, refer guidelines and contact details provided in the Advertiser Help Documentation available at https://performmedia.com/perform-crawler.
23. ACKNOWLEDGEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM, AND YOU UNDERSTAND THAT BY VISITING THE SITES, OR USING ANY APPLICATION OR ANY OTHER SERVICES AND ACCESSING, VIEWING, OR OTHERWISE USING ANY CONTENT THAT WE OFFER, YOU ARE INDICATING YOUR CONTINUING AGREEMENT TO THESE TERMS.
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