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Grow Site Owner Terms of Service

PLEASE REVIEW CAREFULLY. 

This Amendment to the Grow Reader Terms of Service (“Amendment”) adds to, expands upon, or otherwise modifies certain terms and conditions of the Grow Reader Terms of Service (“Agreement”) that You previously agreed to.  This Amendment is a binding agreement and, together with the Agreement, governs the terms of the relationship between you and, if applicable, the company or legal entity that you represent (“You” or “Your”) and Mediavine, Inc. (“Mediavine”) regarding Your additional use of Grow as a Site Owner.  

In the event of a conflict between this Amendment and the Agreement, with regards to Your use of Grow as a Site Owner, this Amendment shall control.  Site Owner Account and, by extension, Site Owner Dashboard, each as defined herein, are part of Grow.  As such, You acknowledge and agree that the use of “Grow” throughout the Agreement shall include the Site Owner Account and Site Owner Dashboard and all rights, obligations, and liabilities associated with Grow extend to the Site Owner Account and Site Owner Dashboard, as applicable.  Where the Agreement refers to “Reader Account,” You acknowledge and agree any such provisions shall be broadly interpreted to include Site Owner Account and Site Owner Dashboard unless the context of such provision makes clear it is explicitly unique to a Reader Account. 

By utilizing Grow as a Site Owner, including by registering for a Site Owner Account (as defined here) or clicking the “Sign Up” or “Register” or similar button accepting these terms, You represent and acknowledge that You have read, understand, and agree to be legally bound by all of the terms, conditions, warranties, duties, and obligations set forth in this Amendment, including those within Exhibit A, and that You are authorized to do so, and reaffirm that you have read, understand, and agree to continue to be legally bound by all terms, conditions, warranties, duties, and obligations set forth in the Agreement and that You are authorized to do so.  If You are entering into this Amendment on behalf of a company or legal entity, You represent and warrant that You are authorized to bind that company or legal entity to this Amendment.  If You do not have such authority or do not wish to be bound to this Amendment, You must not sign up, register, utilize Grow, or otherwise click to accept.

ELIGIBILITY

In order for You to utilize Grow as a Site Owner, You must create a Grow account specific to being a Site Owner (the “Site Owner Account”) and agree to the terms of this Amendment.  Your use of Grow as a Site Owner is also subject to Mediavine’s most recent, applicable version of the Data Processing Agreement, available at https://www.mediavine.com/ad-mgmt-dpa/ (“DPA”), which is hereby incorporated by reference.  If You choose to create a Site Owner Account, You agree to provide and maintain true, accurate, current, and complete information about yourself.  Registration data and certain other information about You are governed by the Privacy Policy, and by agreeing to this Amendment you hereby consent to the use of such data and information by Mediavine as set forth in this Amendment, the Agreement, and the Privacy Policy.  By agreeing to this Amendment, You represent and warrant that (a) You are at least eighteen (18) years of age and have the legal capacity to enter into this Amendment; (b) You have not previously been suspended or removed from Grow or any other Mediavine product offerings as a result of any breach of any Grow or Mediavine terms or policies; and (c) Your registration and Your use of Grow and a Site Owner Account is in compliance with any and all applicable laws and regulations.  If You are under eighteen (18) years of age, You are not authorized to create a Site Owner Account.  If at any time Mediavine discovers any information provided by You is inaccurate or false, Mediavine may immediately terminate this Amendment and, if Mediavine so chooses, the Agreement.  Mediavine reserves, in Mediavine’s sole and absolute discretion, the right to determine Your eligibility to utilize Grow and/or a Site Owner Account.

SITE OWNER ACCOUNT AND DASHBOARD

Site Owner Account.  When creating a Site Owner Account, You will be asked to provide certain details. If You own or operate more than one Website, You may add multiple URLs to the Site Owner Account.  You will need to install Grow on those Website(s) You add to the Site Owner Account utilizing the Grow installation script provided by Mediavine or the WordPress plug-in.  You will also need to create a unique password for the Site Owner Account.  You may create a Site Owner Account using Your Facebook or Google login information.  In the event You utilize the Facebook or Google login option, You understand that You are subject to Facebook and/or Google’s terms and conditions and privacy policies as well as the Agreement and this Amendment.   

Grow Publisher Portal and Site Owner Dashboard.  A Site Owner Account is required for full access to the Grow Publisher Portal and features therein.  The Grow Publisher Portal enables You to manage various Grow settings for Your use of Grow as a Site Owner, including for any Website(s) You are running Grow on, how visitors interact with Your Website(s) to subscribe, and User (as defined herein) permissions.   In addition, once You are signed up for a Site Owner Account, You will have access to a Site Owner dashboard within the Grow Publisher Portal (the “Site Owner Dashboard”), which will provide You with certain analytics related to Your use of Grow on each Website.  Analytics on the Site Owner Dashboard may include the number of Readers that have saved, shared, or favorited or “hearted” Your Content.  All information located in the Site Owner Dashboard, including analytics, is deemed Confidential Information.  

APIs and Mailing Lists.  You may add users to Your mailing list(s) that have opted-in through Grow.  Grow allows You to use various APIs or other integrations as a Site Owner, including ones that may facilitate or otherwise assist with adding users to Your mailing list(s) and distributing Your mailing list(s).  You may not use any API, integrations, bulk mailing or other practices for spam purposes. You are solely responsible for complying, and liable for any noncompliance, with the requirements for use of any API or integration, including any terms and conditions for the use of the software or platform You are connecting to.  Regardless of Your use of an API or integration, You are solely responsible and liable for and must maintain a legally sufficient opt-out protocol that includes immediately relaying to Mediavine any and all opt-out signals.  Apart from opt-ins through Grow, You are solely responsible and liable for obtaining any consents, opt-ins, or opt-outs as needed to collect and process personal data.  Mediavine cannot provide legal advice or counsel in connection with Your responsibilities and obligations under relevant privacy laws.  You are solely responsible for complying, and liable for any noncompliance, with any and all privacy laws and regulations.  

Features Support.  You acknowledge that Mediavine is not obligated to support or update Grow or the Site Owner Account or the Site Owner Dashboard in any manner.  While Mediavine may make additional analytics, features, functions, or enhancements to Grow and/or the Site Owner Account and/or the Site Owner Dashboard available now or in the future, You acknowledge and agree that Mediavine is under no obligation to do so.  Mediavine may, at any time, with or without notice, modify, suspend, discontinue, or diminish any features, functionality, and/or portion of Grow or the Site Owner Account or the Site Owner Dashboard, in whole or in part, either temporarily or permanently. 

ACCESS AND USAGE

Access.  Absent additional Users provided for below, You are the only party, outside of Mediavine, with permission to access the Site Owner Account and Site Owner Dashboard and You may not share Your authority to use the Site Owner Account or Site Owner Dashboard with anyone.  You are responsible for keeping all Site Owner Account login credentials confidential.  The usernames and passwords are the property of Mediavine.  Absent express written permission from Mediavine, You may not provide access to the Site Owner Dashboard or any information or data found in the Site Owner Dashboard to any third party.  You may not screenshot or otherwise copy and share any information or data found in the Site Owner Dashboard with any third party.  

Users.  Subject to the limitations noted herein, You may provide Your employees or independent contractors access to the Site Owner Account and Site Owner Dashboard through their own unique login (“Users”).  You are responsible for and shall be fully liable for all actions taken by each User in connection with Grow, including the use of any subscriber information, mailing lists, Site Owner Content, or the Site Owner Dashboard.  You agree that each User shall be bound by the terms herein and in the Agreement, including but not limited to the confidentiality requirements and other Site Owner obligations.  It is Your responsibility to confirm each User understands the obligations detailed herein and is bound by an agreement requiring compliance with Your obligations hereunder that is at least as restrictive as the terms herein.  Within Your Site Owner Account, You may identify Your role and each User, including as a Website contributor.  You or Mediavine may revoke or change any User’s access at any time.  Notwithstanding the foregoing, in no event may Users include any competitor(s) of Mediavine and You shall not provide any competitor(s) of Mediavine with any access to Grow.  

Responsibilities.  You are solely and fully responsible and liable for any and all activities that occur through, or any use of, Your Site Owner Account, regardless of whether such use or activities are undertaken by You or a User or a third party and whether or not authorized.  You agree to immediately notify Mediavine if You suspect or believe that Your Site Owner Account has been compromised in any way, including any unauthorized use of Your login credentials, Site Owner Dashboard, or any other breach of security.  Mediavine reserves the right to seek any remedy available to protect Confidential Information and Grow from unauthorized third-party access.  Mediavine is not responsible for any unauthorized access to or alteration, damage, or failure to store any of Your Websites, Site Owner Content, or other data You submit or use in connection with a Site Owner Account or Grow.

REPRESENTATIONS, WARRANTIES, LIABILITY, AND DISCLAIMERS

You understand and agree that You alone are responsible for all of Your Site Owner Content and Website(s) and that Mediavine expressly disclaims any liability in connection with it.   You  represent and warrant that (1) You are the owner of, or otherwise have the necessary rights and authorization to use, the Site Owner Content, Website(s), and Your Marks (as defined herein) in connection with Grow and grant any rights granted herein; (2) You will not infringe, violate, or misappropriate any third-party right in connection with the Site Owner Content, Website(s), or Your Marks; (3) You will not cause Mediavine to violate any law or regulation; (4) You will comply with all relevant privacy laws and regulations; (5) and (6) You will immediately comply with all user requests to opt-out, be deleted from, or unsubscribe from Your mailing list(s).  Mediavine disclaims all liability for Your failure to comply with user requests to opt-out of a mailing list.  You agree that Your indemnification obligations under the Agreement apply to the obligations, representations and warranties as set forth herein, and assertions by a third party against the Indemnitees relating to, arising out of, or in connection with Your failure to comply with requests for opt-out, deletion, or to unsubscribe from a mailing list.

LICENSE AND INTELLECTUAL PROPERTY RIGHTS

Your Marks.  You grant Mediavine the royalty-free, non-exclusive right to use the trademarks and trade names owned, operated, and/or controlled by You (collectively, “Your Marks”) and to copy, modify, retain, distribute, disclose, display, and otherwise use Your Site Owner Content and access Your Website(s) in connection with Grow and to otherwise fulfill Mediavine’s obligations under the Agreement and this Amendment.  You grant Mediavine, where applicable, the royalty-free, non-exclusive right to reference You and use Your Marks as part of Mediavine’s marketing materials, including but not limited to displaying Your Marks on any Mediavine website. In the event You wish to opt out of inclusion in Mediavine marketing materials, You shall provide notification to Mediavine.

License.  Subject to Your acceptance of and compliance with this Amendment and the Agreement, in addition to the right and license set forth in the Agreement, Mediavine hereby grants You a limited, non-sublicensable, non-exclusive, non-transferable, revocable right and license during the Amendment Term (defined herein), in and under Mediavine’s intellectual property rights, to access and use the Site Owner Account and Site Owner Dashboard for Your personal, internal use, solely in accordance with the terms and conditions of this Amendment and the Agreement.  Mediavine otherwise continues to reserve all rights, title, and interest as set forth in the Agreement.   

TERM, TERMINATION, AND SUSPENSION

Term.  This Amendment shall be effective from the date of acceptance until it is terminated by either You or Mediavine in accordance with this Amendment (the “Amendment Term”).  

Termination by You.  You may terminate this Amendment at Your convenience at any time, for any or no reason, by logging into Your Site Owner Account and choosing the option to delete the Site Owner Account.  Should You terminate the Agreement, this Amendment shall likewise automatically terminate.

Termination by Mediavine.  Mediavine may terminate this Amendment, or suspend or terminate Your access to Grow or the Site Owner Account or the Site Owner Dashboard, at Mediavine’s convenience at any time, for any or no reason.  

Effect of Termination.  Upon suspension or termination of this Amendment or Your access to Grow or the Site Owner Account, You shall no longer have access to Your Site Owner Account, the Site Owner Dashboard, or other information in Grow.  In the event of a suspension by Mediavine, during the period of suspension Mediavine will not take any action to intentionally erase any information in Your Site Owner Account.  In the event of termination either by You or Mediavine, Mediavine may immediately delete any information in Your Site Owner Account.  Within fifteen (15) days of termination of this Amendment, You shall destroy or, if requested by Mediavine, return all Confidential Information obtained through the Site Owner Account or the Site Owner Dashboard.

GENERAL

Modification.  Mediavine reserves the right to modify any part of this Amendment, including the DPA, at any time without prior notice.  Upon modification, Mediavine will endeavor to inform You by email, writing, or by an informational message through the Site Owner Account.  Should You choose to not accept the modification(s), the only action You can take is to terminate Your Site Owner Account.  Continued use of Grow, including by way of Your Site Owner Account, and/or no action shall mean that You have accepted the modifications to the Amendment.  All modifications shall become active twenty-four (24) hours after the modifications have been completed. 

Notices.  Any notifications sent hereunder shall be done in accordance with the Agreement, provided, however, notices pertaining to You as a Site Owner shall be sent to the contact information set forth in the Site Owner Account.

Feedback.  You acknowledge and agree that if You or any of Your Users provide any suggestions, ideas, enhancement requests, feedback, or otherwise identify any problems or propose any improvements regarding the Site Owner Account or the Site Owner Dashboard, including via the Share Feedback button, it shall be deemed Feedback under the Agreement and all rights or licenses shall vest accordingly.

Assignment.  This Amendment may not be transferred or assigned by You, but may be assigned by Mediavine without restriction. Transfers of ownership of Website(s) by the Site Owner does not automatically convey any rights or interest in the Agreement, this Amendment, or any assets or benefits attained through Grow, including, but not limited to any mailing lists, to the new owner. To continue using Grow on the Website(s) and to attain its benefits, the new owner must agree to the terms of the Agreement and this Amendment.

Continuation.  Except as set forth herein, all other terms and conditions of the Agreement continue in full force and effect regarding Your use of Grow regardless if as a Reader or Site Owner.

Exhibit A – Policies

  1. To participate in the Grow as a Site Owner, You must be the owner of the Website(s). All information contained in your Site Owner Account and Dashboard must be true and accurate. The Website(s) must contain all legally required terms of service, including, but not limited to, a legally sufficient privacy policy and privacy notice, which takes into account all relevant laws, such as GDPR, CCPA, and any other applicable U.S. federal and state laws and the laws of the European Union. You must obtain any necessary permissions to publish information related to or about third parties, including, but not limited to any health data or data that may be inferred to as health data, on the Website(s). Site Owner shall investigate any third party claims in connection with the content appearing on the Website(s). Site Owner is solely responsible for all content appearing on the Website(s), even if the content is User- or visitor-generated and Site Owner does not regularly monitor the Website(s) content.
  2. In the event Mediavine terminates this Agreement due to Site Owner’s breach, Mediavine reserves the right to concurrently terminate any other existing agreements with Site Owner.
  3. The following are a non-exhaustive list of examples of the type of sites, activities, content, or applications that are not allowed to participate in Grow as a Site Owner. For the purposes of this policy, Mediavine will review both the Website(s) and its related social media channels.
    1. Hacking
    2. Software Pirating
    3. Pornographic content
    4. Containing, promoting, or linking to any form of illegal activity
    5. Material that promotes violence or discrimination based on race, ethnicity, sex, gender, sexual orientation, religion, national origin, physical ability, mental ability, or age
    6. Material that contains unlawful, indecent, incendiary, abusive, harassing, or otherwise objectionable content as determined in Mediavine’s sole discretion
    7. Material that defames, abuses, or threatens physical harm to others
    8. Material targeting end users or Website visitors under the age of 18
    9. Inappropriate newsgroup postings, chat or forum abuse, or unsolicited e-mail (SPAM)
    10. Torrent sites
    11. Sites illegally distributing copyright protected content
    12. Material that infringes or appears to infringe the intellectual property rights of any person or contravenes or appears to contravene any applicable laws, regulations, or code of conduct
    13. Unmoderated user generated content
  4. If You utilize any of Mediavine’s additional products, You must agree to the terms and conditions for each. You agree to carefully read the terms and conditions and abide by each one.
  5. You may not remove, alter, or obscure the Mediavine copyright notice, trademarks, or other proprietary rights affixed to or provided as part of Grow as a Site Owner or any other Mediavine technology, software, material, or documentation.
  6. You must not use Mediavine and its services to collect Consumer Health Data, as defined by any relevant law to mean personal information that is linked or reasonably linkable to a consumer and that identifies the consumer’s past, present, or future physical or mental health status (“CHD”) or distribute medical information, or diagnosis for medical conditions.

Effective as of March 1, 2024.