Extreme Reach

Extreme Reach AdBridge Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. USE OF THIS SITE REQUIRES ACCEPTANCE OF THESE TERMS ("Terms").

AdBridge (“AdBridge”) is an online application of Extreme Reach, Inc. and its subsidiaries (collectively "Extreme Reach"). Herein, “Member” means any individual who has registered for and/or uses AdBridge. “Client” means a customer, advertiser or other client employing or contracting with Extreme Reach for any of its services.

Members of AdBridge must read and accept these Terms.

You are only authorized to use AdBridge (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms. Please read these Terms carefully and save them for your future reference. If you do not agree, you must immediately discontinue use of AdBridge. Extreme Reach may update these Terms from time to time. Please check these Terms periodically for changes. By using AdBridge after changes have been made to these Terms, you agree to the changes. These Terms apply only to your use of AdBridge web application and do not modify any agreement between Client and Extreme Reach regarding the underlying services.

1. Use and Termination.

Extreme Reach reserves the right, in its sole discretion, to reject, refuse to use or remove any materials that do not abide by these Terms (including private messages), or to restrict, suspend, or terminate your access to all or any part of AdBridge at any time, for any or no reason, with or without prior notice, and without liability.

Extreme Reach may suspend or terminate use of AdBridge at any time if it has a good faith belief that there is any violation of these Terms and/or inappropriate use of AdBridge.

When using AdBridge, you may not (or allow anyone else to):

2. Membership Contract and Limitations.

You must be 18 years of age or older to be a Member of AdBridge. By registering or accepting these Terms, you represent and warrant that you are 18 years of age or older, that you have the right, authority and capacity to agree to and abide by these Terms, and that you will use the services in a manner consistent with any and all applicable laws and regulations.

3. Account Access & Your Responsibilities.

You are entirely responsible for maintaining the confidentiality of the information you and any associated users hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Extreme Reach immediately of any unauthorized use of your account or compromise of your password, or any other breach of security.

You may not share your account with others or use anyone else’s account at any time.

When you setup or invite others to join AdBridge, you are providing access to your company’s account, and as such, it is your responsibility to manage their account permissions consistently with your business and privacy requirements, as well as to terminate such permissions in a timely manner when appropriate.

Extreme Reach may access your account for Support and quality assurance purposes at any time, with or without notice to you.

4. Extreme Reach AdBridge Intellectual Property.

AdBridge and all text, graphics, images, logos, icons, software, and other Extreme Reach content (collectively known as “Extreme Reach Intellectual Property”) and the organization of this Intellectual Property are protected under both U.S. and foreign copyright, trademark and other laws. Extreme Reach exclusively owns all right, title, and interest in and to the Extreme Reach Intellectual Property, including any modifications and derivative works thereof and all intellectual property rights associated with the Extreme Reach Intellectual Property. Unauthorized use of Extreme Reach Intellectual Property is a violation of these Terms and may also violate copyright, trademark, patent, trade secret, and other laws. You may not sell or modify Extreme Reach Intellectual Property or divulge, reproduce, display, publicly state, distribute or otherwise use Extreme Reach Intellectual Property in any way for any public or other commercial purpose. The use of Extreme Reach Intellectual Property on any other website for any purpose is prohibited.

You receive no implied licenses to any of the Extreme Reach Intellectual Property and no rights whatsoever therein, except a non-exclusive, non-transferable, non-assignable, non-sublicensable license to use AdBridge, subject to these Terms.

You shall not copy, reverse engineer or adapt the code that Extreme Reach creates to generate any Extreme Reach Intellectual Property or the pages making up its site, which is code also protected by Extreme Reach’s copyright. Except as expressly provided, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative materials of any information from AdBridge in whole or in part without the prior written permission of Extreme Reach.

5. Member Submission & Usage.

a. By submitting anything to AdBridge, you represent and warrant that such submission is your own original work and/or that you own or have the necessary licenses, rights, consents, and permissions to use, and authorize Extreme Reach to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submission in the manner contemplated by the applicable Extreme Reach websites and these Terms of Use.

b. By downloading or making use of any content on AdBridge, you represent and warrant that you have all rights and authorization required to possess and use such content.

c. You agree to indemnify Extreme Reach against all legal fees, damages and other expenses that may be incurred by Extreme Reach as a result of (1) your breach of the above warranty, or (2) any third-party claim based on the content of any submission.

6. Right to be Removed from Services.

Extreme Reach reserves the right, in its sole discretion, to remove users from AdBridge. Further, Extreme Reach may, at its discretion, remove a Member from the use of services at any time for any reason.

7. Nielsen Opt-Out.

Advertisements within AdBridge are encoded with one or more of the following based on Customer orders and preferences: Closed Captioning, BVS Watermark, Nielsen Watermark, V-Chip and Teletrax. Nielsen encoding allows Nielsen to access certain related metadata which they may use to inform their services and provide metadata and services to Extreme Reach and third parties. In order to opt-out of Nielsen encoding, Client must click the “Opt-out of automated Nielsen watermarking” checkbox on the Advertiser page within AdBridge. If you click the “Opt-out of automated Nielsen watermarking” check box, Nielsen watermarking is not applied: Nielsen will have no access to that metadata and Extreme Reach will be unable to provide related Nielsen metadata for applicable Client materials.

8. Payment for Services.

If you are a media destination (e.g. TV local broadcaster, TV Platform broadcaster, TV local cable, TV national cable, radio station, web publisher or mobile publisher) and use AdBridge to receive media, there is no charge for the services. If you use AdBridge to send media, you will be billed for services and transactions made in AdBridge. By accepting any of our services, you agree to keep us updated as to your billing information. Furthermore, you understand that accounts that have become delinquent (more than 14 days past due) are subject to deactivation without further notice being given to you.

9. Nature of AdBridge Service.

Nothing in these Terms shall be construed to create, evidence or imply any agency, employment, partnership, or joint venture between the parties. Neither party shall have any right, power, or authority to create any obligation or responsibility on behalf of the other. The Terms are not intended to benefit, nor shall they be deemed to give rise to any rights in, any third party. You may not assign or transfer your Member profile, or sublicense, assign or delegate any right or duty under these Terms without Extreme Reach’s prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect.

10. Privacy.

We may collect information you submit such as name, mailing address and email address to authenticate account use and to send notifications regarding use of AdBridge. When you register for an account with us, you may from time to time have an opportunity to receive information about special promotions, incentives, and other programs from Extreme Reach or our clients. We will not trade or sell any information about our users with third parties. For Digital Media Receivers, these Data Processing Terms shall also apply.

11. GDPR

When applicable, Extreme Reach complies with the General Data Protection Regulation (GDPR) as set forth by the European Parliament in April 2015. The regulation mandates that Extreme Reach protects the personal data and privacy of EU data subjects. If there is any conflict between the policies in this privacy policy and GDPR, the GDPR principles shall govern.

Our Data Privacy Officer can be contacted at privacy@extremereach.com. For purposes of retaining your payment information, we may sometimes be the data controller. However, in other contexts, Extreme Reach may be a data processor, with the company that engaged you for services acting as the data controller.

EU residents can contact privacy@extremereach.com for requests related to rights of erasure, correction, restriction of processing, and portability.

Should you have any issues with how we handle your data, we request that you contact us first so that we can make every effort to address your concerns. You also have the right to lodge a complaint with a supervisory authority.

Legal Basis For Processing Data. We will normally collect personal information from you only where: (a) we have your consent to do so, (b) where we need the personal information to perform a contract with you, or (c) where the processing is in our legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms). In some cases, we may also have a legal obligation to collect personal information from you, or may otherwise need the personal information to protect your vital interests or those of another person.

Where we rely on your consent to process the personal information, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal. Withdrawing consent may limit, delay, or prevent our ability to provide services to you.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

Data is stored and processed in the United States. We rely on standard contractual clauses to authorize any necessary international data transfers.

12. Disclaimers of Warranties.

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:

(a) Services and content on this site are provided on an “as is” and “as available” basis. We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and against infringement.

(b) We make no warranty that: (i) the functions of and services provided in this site will be uninterrupted, secure or error- free; (ii) defects will be corrected; or (iii) this site or the server that makes the services available is free of viruses or other harmful components.

(c) We make no warranty regarding the accuracy, veracity, integrity or quality of the content, sites or resources made available on or from this site, including, but not limited to, any warranty that such content, sites or resources will be free of material that is offensive, indecent or objectionable.

(d) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

13. Limitation of Liability.

In no event will Extreme Reach be liable for any indirect, consequential, incidental, special or exemplary damages for any use of this site, or use of any other linked site, even if we are advised of the possibility of such damages. Your sole remedy is to discontinue use of the site.

14. Indemnity.

You agree to indemnify and hold Extreme Reach, Inc. and its affiliates, officers, directors, employees, agents, third party service providers and third parties authorized by Extreme Reach or other partners, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of: your use of AdBridge; content you submit, post, transmit or otherwise make available through AdBridge; your violation of these Terms; or your violation of any rights of another. You agree to be solely responsible for defending any claim against or suffered by Extreme Reach, subject to Extreme Reach’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against Extreme Reach provided that you will not agree to any settlement that imposes any obligation or liability on Extreme Reach without Extreme Reach’s prior express written consent.

15. General Information.

These Terms constitute the entire agreement between you and us with respect to your use of AdBridge. Extreme Reach reserves the right to update these Terms at any time. Your continued use of AdBridge following any update constitutes your agreement to abide by the updated Terms. These Terms will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth for any dispute arising under or relating to the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect. To the extent these Terms conflict with any executed Agreement between you and Extreme Reach, the terms of the executed Agreement shall prevail.

Last updated: February 2022 to include reference to Data Processing Terms for Digital Media Receivers