PLAYBOOK MEDIA TERMS OF SERVICE
Last Updated: June 24th, 2020
Welcome to Playbook Media! Playbook Media is a digital ad agency that creates advertisements and purchases ad inventory on behalf of our clients.
These Terms of Service (“Terms”) define your rights and our rights in relation to your use of the services provided by Playbook Media, Inc. (“Playbook Media”, “we”, “us”, “the Company”), including through (i) the Playbook Media website available at www.playbook.media (the “Playbook Media Website”) designed to attract companies in need of marketing and other professional services (“Clients”) (together the Playbook Media Website and related marketing services shall be known as the “Services”).
- Signing Playbook Media for Marketing Services
If you are interested in signing up with Playbook Media as a Client, please contact us through the Playbook Media Website or email us at firstname.lastname@example.org You may need to provide certain information, including your contact information, a description of your project (“Project”) and your budget estimate. Based on this information (and any additional information that we collect from you subsequently), we may contact you with the intention of selling Services. Playbook Media’s provision providing Services to Clients is subject to the successful execution of a Client Agreement between Playbook Media and the Client.
- User Content, Publicity and Feedback
Additionally, you also grant Playbook Media the right to use, reproduce and publish your name, designation, description of services provided or received, entity name, employer’s name (including former employers), entity trademark or logo, likeness, photograph, voice, statements and testimonials in connection with providing and promoting the Services.
The Services may have certain features that allow you to respond to surveys, submit comments, feedback, information, and other materials (collectively, “Feedback”) to Playbook Media or others. By submitting Feedback through the Services, you grant Playbook Media a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Playbook Media marketing materials and where required to do so by law or in good faith to comply with legal process).
- Acceptable Use
You must comply with the following rules regarding acceptable use of the Services. You may not:
- access, tamper with, or use non-public areas of the Services, Playbook Media’s computer systems, or the technical delivery systems of Playbook Media’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- access or search the Services by any means other than by using the interfaces provided for your authorized use by Playbook Media (for example, “scraping”);
- attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
- interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
You may not utilize the Services to carry out, promote or support:
- any unlawful or fraudulent activities;
- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- the publishing, posting or storing of other people’s or entities’ private or personal information without their express authorization and permission;
- the sending of unsolicited communications, promotions advertisements, or spam;
- the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer;
- any renting, leasing, distributing, sublicensing, or otherwise providing access to the Services to a third party; or
- the use the Services for competitive analysis or to build competitive products.
You may not store, manage, provide or post any User Content on or to the Services that:
- violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
- is deceptive, fraudulent, illegal, which, if we become aware of, we will remove and report to law enforcement;
- contains viruses, bots, worms, or similar harmful materials; or
- contains any information that you do not have a right to make access or use under law or any contractual or fiduciary duty.
In addition to any other remedies that may be available to us, Playbook Media reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your Account or your access to the Services, upon notice and without liability to Playbook Media should you fail to abide by the rules in this Section or if, in Playbook Media’s sole discretion, such action is necessary to prevent disruption of the Services for other users..
- Additional Terms Applicable to Clients
In addition to these Terms of Service, your engagement in any Projects through the Playbook Media Services will be subject to and governed by the Client Agreement between you and Playbook Media. You agree to pay Playbook Media all applicable service fees and other fees in accordance with the billing procedures set forth in the Client Agreement.
- Invoicing and Payments
You agree to pay all fees and charges applicable to your use of the Services. We partner with third party payment providers (“Third-Party Payment Providers”) including Quickbooks and Gusto to manage invoicing and payments. By using our Services, you agree to provide the Third-Party Payment Provider(s) accurate, current, complete and authorized information about yourself and your business, and your credit, debit or other payment card data. By providing Third-Party Payment Provider(s) with your payment information, you agree that Playbook Media is authorized to immediately charge you for all fees and charges due and payable hereunder and that no additional notice or consent is required. You agree to immediately update your payment details with the Third-Party Payment Provider if there is any change in your billing address or the credit card used for payment hereunder.
We reserve the right to suspend or terminate your account and the Services provided to you if any fees or charges remain unpaid. All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments, and you agree to bear and be responsible for the payment of all such charges, excluding taxes based upon Playbook Media’s net income.
- Our Proprietary Rights
Playbook Media retains all rights including intellectual property rights, title and interest in the Services, including but not limited to the Playbook Media Website, apps (if any), the Playbook Media Platform, other technology of Playbook Media, email databases, reports, documentation, and all underlying data and technology, including all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing.
Playbook Media grants you a limited, non-exclusive, non-transferable, and revocable right to access the Services for their intended purposes subject to your compliance with these Terms and Playbook Media’s policies. You may not, and will not allow others to, copy, modify, distribute, sell, or lease any part of the Services. Further, you may not and will not allow others to reverse engineer, decompile, disassemble, extract, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Playbook Media’s technology or delete or alter author attributes or copyright notices. You may only access the Services through the interfaces that Playbook Media provides for that purpose, and you may not interfere with or attempt to disrupt the Services.
- Third Party Services and Links
Our Services may also contain links to other websites or resources. We are not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, we are not responsible for, and do not endorse, any products or services that may be offered by third-party websites or resources.
- DISCLAIMER OF WARRANTIES
ALL SERVICES, SUPPORT AND THE PLATFORM ARE PROVIDED “AS IS,” AND PLAYBOOK MEDIA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, QUALIFICATION, ACCURACY, TRUTHFULNESS, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE SERVICES NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA AND USER CONTENT OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA AND USER CONTENT WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD-PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
PLAYBOOK MEDIA TAKES NO RESPONSIBILITY FOR ANY USER CONTENT OR OTHER CONTENT THAT YOU OR ANOTHER USER OR THIRD-PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
PLAYBOOK MEDIA DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOURS OR ANY OTHER USER, ON OR OFF THE SERVICES.
You agree to indemnify, defend, and hold harmless Playbook Media, affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your User Content, your dealings with or conduct towards other users whether through the Services or otherwise (including offline), or your breach of this Agreement.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLAYBOOK MEDIA, ITS PARENT COMPANY, AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR USER CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT, EVEN IF PLAYBOOK MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PLAYBOOK MEDIA’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE FEE PAID, IF ANY, BY YOU TO PLAYBOOK MEDIA FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Unless otherwise specified in the Client Agreement, you can stop using the Services at any time and without notice to us. Similarly, we may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. Such termination will not relieve you of any obligations under these Terms which are expressly or by implication intended to survive termination.
- Governing Law; Waiver of Jury Trial
These Terms, the Services, and the transactions contemplated hereby, and all related disputes between the parties arising from relating to these Terms, whether in contract, tort, or otherwise, shall be governed by the laws of the State of California, without reference to California’s conflict of laws principles, and any related legal actions must be brought in the court of appropriate jurisdiction in the County of San Francisco, California, which shall have exclusive jurisdiction. You hereby waive any claim of lack of jurisdiction or inconvenient forum. YOU AND WE WAIVE TRIAL BY JURY IN ANY LEGAL ACTION ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS. The prevailing party in any such legal action shall be entitled to an award of its reasonable legal fees and costs.
- Entire Agreement and Severability
- No Waiver
No modification or amendment to these Terms will be binding on Playbook Media unless they are agreed in a written instrument signed by a duly authorized representative of Playbook Media or posted on the Playbook Media Website by Playbook Media. Playbook Media’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Playbook Media may assign its rights, licenses, and obligations under these Terms without limitation.
- Force Majeure
The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, health outbreaks, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
- Changes to the Terms
We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on the Playbook Media Website and, if a revision to the Terms is material, Playbook Media will notify you of the new Terms (for example, on the website, by email or by a notification on the Services). Changes to these terms will not apply retroactively. Your continued use of the Playbook Media Website or Services is conditioned upon your acceptance of the latest version of the Terms accessible on the Playbook Media Website or the Services at the time of your use.
- Copyright and Trademark Policy
Playbook Media respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Playbook Media will respond to valid notices of copyright infringement and reserves the right to terminate any users, at Playbook Media’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Playbook Media’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which Playbook Media may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Playbook Media, Inc.
ATTN: Copyright Agent
626 Jefferson Ave., Suite 10
Redwood City, California 94063
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Playbook Media’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
- Contact Information
If you have any questions or comments about these Terms, please contact Playbook Media by email at email@example.com or mail us at:
Playbook Media, Inc.
626 Jefferson Ave., Suite 10
Redwood City, California 94063