Terms & Conditions

Welcome to The Media Sense website (the “Site”) provided to you by The Media Sense (which will be referred to herein as either ” The Media Sense”, “we”, “us” or “our”). The Site, and any related services, modules, functions, software or platforms, were designed by us to provide you with an across-the-board integrated service for the purpose of providing dynamic contextual matching for predictive campaign performance through the use of media targeting, brand protection, media recommendation engines and one-click campaign expansions (collectively, the “Services”). These Terms & Conditions (the “Terms”) constitute a set of rules by which we operate such Services.

By using or accessing the Services, you acknowledge that you agree to the Terms, and are subject to their binding terms and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time.

1. REGISTRATION AND ACCESS

In order to access our Services, you must first register by setting up a username and password, and providing the additional information requested. The registration process allows you to set up a unique account for yourself which you can access at any time and use to monitor the results of your various campaigns. When you complete forms online or otherwise provide us information in connection with the Services, you agree to provide accurate, complete and true information, and not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate or incomplete, we may refuse you access to the Services and pursue any appropriate legal remedies. The information provided by you can be updated at any time by accessing your account settings page.

Following registration, you will be able to choose from our various subscription services and to immediately start creating your online advertising campaigns.

As a registered member of the Services, you shall be solely responsible for your account activity. We urge you to keep your account password secure and to always log-off from the Site when leaving your computer or mobile device unattended. Please notify us immediately in case of unauthorized use of your account or of any related security breach.

PLEASE ALSO NOTE WHEN SETTING UP YOUR ADVERTISING CAMPAIGNS THAT ANY CHANGES YOU MAKE IN THE SYSTEM WILL TAKE UP TO THREE HOURS TO UPDATE. BEAR IN MIND THAT ANY CAMPAIGNS THAT RUN DURING SUCH WAITING PERIOD MAY RUN IN ACCORDANCE WITH THE PARAMETERS THAT WERE IN THE SYSTEM PRIOR TO THE CHANGES.

2.OWNERSHIP OF THE SERVICE PROVIDED TO YOU

The underlying platforms of the Services are the proprietary property of The Media Sense , or that of our licensors or licensees. By subscribing to our Services, The Media Sense  grants you a personal, revocable, non-assignable, and non-exclusive license to access and use the Services and the related materials provided, provided that you comply fully with the provisions of these Terms. You acknowledge that the Site or its output may contain information, content, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, ideas, and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

All trademarks appearing on this Site are trademarks of their respective owners. “The Media Sense ” and our other trademarks, slogans, service marks, trade names, and trade dress which appear via the Services are proprietary to The Media Sense. Our commercial partners, customer, suppliers, advertisers, sponsors, licensors, contractors and any other third parties may also have additional proprietary rights in the Content which are made available on this Site. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part, unless specifically granted the right to do so herein. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive prior written consent from the owner of such Content to do so.

3.YOUR CONTENT AND USE OF SERVICES

As the Services constitute simply a facilitating platform, you shall be solely responsible for the content you (or any of your authorized users) transmit or submit through the Site or the Services, including but not limited to any of the content you create as part of your advertising creation process or information you provide to third-parties through such advertisements (“User Content”). You shall be solely responsible for the covenants, interactions, obligations and undertakings created through the distribution of your advertising created through the Services, and The Media Sense  shall in no way be liable for any offers made through your advertisings.

You expressly agree that your use of the Services and that your User Content will not: (1) be false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors, or is racially, ethnically, or otherwise objectionable; harassing, defamatory, libelous, abusive, threatening, obscene, coercive or objectionable, including material that is false, misleading or inaccurate, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, or international law; (2) include or use materials for which do not have requisite rights (e.g. license, copyright, royalties or otherwise); (3) include or use materials that infringe any patent, trademark, trade secret, copyright, or other proprietary rights; (4) be used to transmit or disseminate “unsolicited bulk email,” or other advertising material or communications to persons or entities that have not specifically agreed (i.e. via an accepted ‘opt-in’ method) to receive messages from you; (5) include content from, or links to, services or sites that permit illegal peer-to-peer ‘sharing’ of copyrighted content; (6) introduce malicious programs into any network or submit or utilize any (i) viruses, worms, Trojan horses, or other code that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of any software, firmware, hardware, wireless device, computer system or network, (ii) traps, time bombs, or other code that would disable any software based on the elapsing of a period of time, advancement to a particular date or other numeral, (iii) code that would permit any third-party to interfere with or surreptitiously access personal information, and (iv) content to cause disablement or impairment; (7) be commercially misleading or fraudulent; (8) include the submission of any purposely inaccurate or falsifying information in connection with your account, or (10) be otherwise inappropriate or unlawful. You may not access the Services other than by the interfaces provided by The Media Sense or interfere with or disrupt their proper operation.

We reserve the right to monitor some, all, or no areas of the Site for adherence to proper use of the Site and the Services or for any other purpose. You acknowledge that by providing you with the ability to launch and distribute advertising that you create as part of the Services to third parties, we are acting as a passive channel for such distribution and we are not undertaking any obligation or liability relating to any advertising you create, nor do we endorse any of your User Content. Although we reserve the right to remove, without notice, any User Content for any reason, we have no obligation to review User Content prior to distribution or to delete User Content that may be found objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from the Site and the Services, and we are not liable for any loss you incur in the event that the User Content you distribute through the Services has been removed.

If you find any content published through the Site or Services questionable, please email us at support@themediasense.com

4.RIGHTS TO USE THE ADVERTISEMENTS AND RELATED DATA

By creating and launching advertising through our Services, you grant us a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, publish, translate, distribute, communicate to the public, and display any such advertisements or related User Content (in whole or in part and with or without the use of your name) worldwide. You further acknowledge that we shall be entitled to unrestricted use of the advertisements created for any purpose whatsoever, commercial or otherwise, without any compensation to you. You also permit any user to access, display, view, store and reproduce any advertisement that you have made available to the public via the Services for commercial use. Except as provided in our Privacy Policy, the advertisements themselves shall not be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any advertisements created by you through the Services.

5.UNSOLICITED IDEAS

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of The Media Sense , without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, The Media Sense may use or redistribute any such submission and its contents for any purpose and in any way it deems. To provide such feedback, please email us at support@themediasense.com.

6.THIRD PARTY LINKS AND INFORMATON PROVIDED

The Services and Site may contain information in the form of, but not limited to, articles, advertisements, endorsements, third-party opinions and links to third party websites, which are not owned or controlled by The Media Sense. The Media Sense does not endorse any such third-party information and such information is solely provided as a convenience to our users and visitors. As such, The Media Sense also assumes no responsibility for the content, privacy policies, or practices of any third party. By accessing our Site and using the Services, you expressly relieve The Media Sense from any and all liability arising from your use of any third-party website or information.

7.RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT

The Media Sense reserves the right to suspend or terminate the account of any user at any time and for any or no reason at all, at our sole discretion. Accordingly and in addition to any rights any remedy it may have under applicable law, The Media Sense  reserves the right to remove any User Content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

8.NO WARRANTY

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THESE TERMS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON SUCH CONTENT IS DONE SOLELY AT YOUR OWN RISK. THE MEDIA SENSE  DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT ANY CONTENT OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.LIABILITIES AND INDEMNITIES

You shall indemnify and save harmless The Media Sense  and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (” Damages”) asserted against, imposed upon or incurred by The Media Sense  and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.

THE CUMULATIVE LIABILITY OF THE MEDIA SENSE  FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY A MEMBER FOR THE SERVICES OR USE OF THE SITE. THE MEDIA SENSE  WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE MEDIA SENSE  OR ANY THIRD PARTY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10.PRIVACY

To learn more about how The Media Sense protects personal information collected through the Services, please refer to The Media Sense Privacy Policy.

11.MISCELLANEOUS

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. (d) These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel Aviv-Jaffe shall have exclusive jurisdiction over all disputes between the parties. Nothing in this Agreement limits a party’s ability to seek equitable relief.

Version: May 2019