Outbrain.com Terms of Service Last Updated: August 2012
3. DESCRIPTION OF SERVICE.
The Service provides you with recommendations (“Recommendations“) for news articles, graphics, photographs, images, illustrations, software, audio clips and video clips (“Content“). Some Recommendations may consist of Content that our customers pay us to promote (“Promoted Content“). These Recommendations generate revenue (“Promotional Revenue“) for the Site from customers selected by Outbrain in its sole discretion. If you use the Service without registering on the Site, this Recommendation functionality will be automatically provided as part of the Service. If you register on the Site, you may control the settings for the Recommendation functionality, as described on the Outbrain Dashboard and in Section 6 below.
4. LICENSE OF OUTBRAIN SERVICE.
C. LICENSE RESTRICTIONS. You shall not use the Code in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“Spam“), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, gambling, professional services regulated by state licensing regimes, weapons and accessories. You shall implement the Services in a timely manner in accordance with all reasonable instructions provided to you by Outbrain from time to time.
D.PLACEMENT AND LOOK AND FEEL OF THE SERVICE. You shall place the Service directly below the main Content on each page of your website on which the Service is installed. No other third party content recommendation service shall appear parallel with or above the Service on any page of your website on which the Service is installed. Further, you shall implement the Service in such a way that the look and feel of the Service shall not be confusingly similar with any other third party content recommendation service on your website.
H. NO OTHER LICENSES. The licenses granted hereunder are specifically set forth herein, and no licenses are granted by Outbrain to you by implication or estoppel.
5. USER CONDUCT.
- to abuse, harass, threaten, impersonate or intimidate other Outbrain users or Content providers;
- in any manner that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Outbrain user;
- to create or submit Spam to any other Outbrain users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- via use of any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
- to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our Service infrastructure;
- to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- to bypass any measures we may use to prevent or restrict access to the Site;
- with the intention of artificially altering the Recommendations, or any other Outbrain service, including by way of creating separate user accounts for the purpose of artificially altering Outbrain’s services; artificially inflating clicks on Recommendations or Promoted Content, or participating in any other organized effort that in any way artificially alters the results of the Service.
The following sites are strictly prohibited from using the Service and Outbrain will actively terminate the Service from sites it finds to be in violation of these prohibitions: sites displaying adult, obscene, pornographic, libelous, infringing abusive or defamatory content, sites participating in, or encouraging participation in, illegal activities, sites that promote hate and discrimination, sites that facilitate the sale of firearms or illegal drugs. In addition, Outbrain reserves the right in its sole editorial discretion to disable its Service on any site.
7. PROMOTED CONTENT.
8. PROPRIETARY RIGHTS.
All right, title and interest in and to the Site, the Service, compilations, magnetic translations, digital conversions, software and other materials related to the Service are and shall at all times remain the sole and exclusive property of Outbrain and are protected by applicable intellectual property laws and treaties. All Data related to the Site or collected by way of the Service on any website shall be the sole property of Outbrain. You acknowledge that you do not acquire any ownership rights in or to the Service or the Data.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE.
Limited License to Use Content. If you are a Partner, by submitting any Content, you hereby grant Outbrain a limited, non-exclusive, fully paid-up, royalty free, worldwide right to use such Content and your registered and unregistered trademarks, service marks, trade dress, graphics or logos (“Partner Marks“) in any of the following: (i) on the Site, any Outbrain blog or newsletter; (ii) on any business development, commercial sales materials, or press releases; (iii) as any part of the Service; (iv) or in any other reasonable manner that a Partner might expect Outbrain to use its Partner Marks.
10. WARRANTY DISCLAIMER.
11. LIABILITY LIMITATION.
YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST OUTBRAIN IS TO DISCONTINUE USE OF THE SERVICE.
13. TERM AND TERMINATION.
14. GOVERNMENT USE.
15. EXPORT CONTROLS.
You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC“), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the Service in violation of any such restrictions, laws or regulations. By downloading or using the Service and the Data, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
OUTBRAIN, and other Outbrain marks, graphics, logos, designs, page headers, button icons, scripts, and service names comprise registered and unregistered trademarks, service marks and trade dress of Outbrain in the U.S. and/or other countries (the “Outbrain Marks”). Other trademarks, service marks and trade names used on the Service are the property of their respective owners. Without Outbrain’s prior written authorization, you agree not to display or use in any manner the Outbrain Marks; however, a Partner may blog about its use of the Service at any time without such authorization, so long as Partner sends the blog post to Outbrain prior to or concurrent with publishing thereof.
19. COPYRIGHT COMPLAINTS.
We respect the intellectual property rights of others and require that those who use the Service do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Outbrain’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(2), named below:
- A physical signature of the person authorized to act on behalf of the owner of the copyright;
- description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Outbrain Inc., c/o legal counsel, 39 West 13th Street, New York, New York 10011; firstname.lastname@example.org
QUESTIONS OR COMMENTS.
Any questions or comments regarding, or problems with, the Service should be sent to the Website Administrator at email@example.com.