Terms

Last revised on April 1, 2025

Thank you for visiting Adland.tv, a service for showing and critiquing the best advertising in the world. This site is operated by Marketecture Media. Marketecture Media Inc. (“Marketecture Media”, “we”, “us” and “our”) operates websites (each a “Site”) and services made available through the Sites (collectively, the Site, the Mobile Application, Podcasts, and other Applications, and such services, are referred to as the “Services”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services whether you are simply a “Visitor” (which means you are just browsing the Services), or an “Authorized User”, which means you have registered to use them. Collectively, Visitors and Authorized Users are referred to as “Users” or individually as a “User” or “you”. By accessing or using the Services, clicking on the “I accept” button, and/or downloading our Mobile Application or other Applications, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). you may not access or use the Services or accept the Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.

These terms require the use of arbitration to resolve disputes and limit the remedies available to you in the event of a dispute as set forth in section 8.

Section 1: Registration

Registering Your Account. In order to access certain features of the Services, you may be required to become an Authorized User. An “Authorized User” is a user who has registered an account on the Services (“Account”), or has a valid account on a social networking service (“SNS”) through which the user has connected to the Services (each such account, a “SNS Account”). Access Through a SNS. If you access the Services through an SNS, you may link your Account with SNS Accounts by allowing us to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to grant Marketecture Media access to your SNS Account without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating us to pay any fees or making Marketecture Media subject to any usage limitations imposed by such third-party service providers. By granting us access to any SNS Accounts, you understand that we may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video messages, tags and/or other materials accessible through the Services (collectively, “Content”) that you have provided to and stored in your SNS Accounts. Unless otherwise specified in this Agreement, all SNS Content shall be considered to be Your Content for all purposes of the Agreement. Depending on the SNS Accounts you choose and subject to the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through your Account for the Services. Please note that if an SNS Account or associated service becomes unavailable or our access to such SNS Account is terminated by a Third-Party Service Provider, then SNS Content will no longer be available on and through the Services. You have the ability to disable the connection between your Account and your SNS Accounts at any time by [accessing the “Settings” section of the Services]. YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SNS ACCOUNTS. Registration Data. In registering an Account on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are of legal age to form a binding contract and not a person barred from using the Services under the laws of any applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Marketecture Media immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Marketecture Media has reasonable grounds to suspect as much, Marketecture Media has the right to suspend or terminate your Account and this Agreement and to refuse any and all current or future use of the Services. You agree not to create an Account on behalf of someone other than yourself or if you have been previously removed by Marketecture Media. Your Account. You have no ownership or other property interest in your Account, and all rights in and to your Account are and will forever be owned by and inure to the benefit of Marketecture Media. Your information will be shared with other Marketecture Media affiliates, but will not be shares with other companies without your consent.

Section 2: Access to the services

Use of the Site and Services. Marketecture Media grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Services solely for your own personal, noncommercial use. You acknowledge and agree that Marketecture Media will have no obligation to provide you with any support or maintenance in connection with the Site or Services. Application License.

Subject to your compliance with the Agreement, Marketecture Media grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group. Certain items of software may be provided with the Application that are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Marketecture Media makes such Open Source Software, and our modifications to that Open Source Software, available by written request at the notice address specified in this Agreement. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or any content displayed on the Services; (b) you will not frame or utilize framing techniques to enclose any trademark, logo or other portion of the Services (including images, text, page layout or form) of Marketecture Media; (c) you will not use any metatags or other “hidden text” using Marketecture Media’s name or trademarks; (d) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you will note use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site or Services (except that we grant operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (f) you will not access the Services in order to build a similar or competitive website, product, or service; and (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or addition to the Services’ functionality will be subject to this Agreement. All copyright and other proprietary notices on or in the Services (or on any content displayed on the Services) must be retained on all copies thereof. Modification. Marketecture Media reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice. You agree that Marketecture Media will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. Ownership. All IP rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Marketecture Media or Marketecture Media's suppliers. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such IP rights, except for the limited access rights set forth in Section 2.1. Marketecture Media and its suppliers reserve all rights not granted in this Agreement.

Section 3: Ownership

Marketecture or its licensors own all right, title and interest in and to the Services, the underlying software, algorithms, technology as well as any content, text, graphics, images, and other materials made available through the Services (“Marketecture IP”). Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to the Marketecture IP, except for the limited access rights set forth in Section 2. Marketecture and its licensors reserve all rights not granted in this Agreement. The Marketecture IP is protected under both United States and foreign laws. Unauthorized use of the Marketecture IP may violate copyright, trademark, and other laws. You have no rights in or to the Marketecture IP, and you will not use the Marketecture IP except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the Marketecture IP on any copy you make of the Marketecture IP. You may not sell, transfer, assign, license, sublicense, or modify the Marketecture IP or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Marketecture IP in any way for any public or commercial purpose. The use or posting of the Marketecture IP on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Marketecture IP automatically terminates and you must immediately destroy any copies you have made of the Marketecture IP.

The trademarks, service marks, and logos of Marketecture (“Marketecture Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Marketecture. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Marketecture Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Marketecture Trademarks inures to our benefit.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Marketecture IP may be retransmitted without our express, written consent for each and every instance.

Section 4: Feedback; User Contributions

Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Feedback”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original and that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

User Contributions. The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material for public consumption through a website or other distribution channel (collectively, “Contributions”). You expressly acknowledge and agree that once you submit your Contributions through the Services, there is no confidentiality or privacy with respect to such Contributions, including, without limitation, any personally identifiable information that you may make available. Contributions may be viewable by other users of the Services and through third-party websites and other distribution channels through which they are made available. YOU, AND NOT MARKETECTURE, ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL CONTRIBUTIONS THAT YOU UPLOAD, POST, E-MAIL OR OTHERWISE TRANSMIT VIA THE SERVICES. We are not obligated to publish any Contributions on our Services and can remove it in our sole discretion, with or without notice.

You retain all copyrights and other intellectual property rights in and to your Contributions. You do, however, hereby grant Marketecture and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Contributions and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.

When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms of Services.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Services, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms of Services and may result in, among other things, termination or suspension of your rights to use the Services.

Your Data. For purposes of these Terms of Services, “Your Data” means any data and information about your business that you provide to us through the Services, including but not limited to, any SNS Content; and “Usage Data” means anonymous, analytical data that Marketecture collects concerning the performance and your use of the Services, including, without limitation, date and time that you access the Services, the portions of the Services visited, the frequency and number of times such pages are accessed, the number of times the Services is used in a given time period and other usage and performance data. For the avoidance of doubt, Your Data does not include your Contributions.

As between the parties, you own all right, title, and interest in and to Your Data, including all modifications, improvements, adaptations, enhancements, or translations made thereto, and all intellectual rights therein. You hereby grants Marketecture a non-exclusive, worldwide, fully paid-up, royalty-free right and license, with the right to grant sublicenses, to reproduce, execute, use, store, archive, modify, perform, display and distribute Your Data: (i) during the term of this Agreement, in furtherance of Marketecture’s obligations hereunder; and (ii) for Marketecture's internal business purposes, including using such data to analyze, update, and improve the Services, for machine learning and artificial intelligence modeling, for Marketecture’s analytics capabilities and for benchmarking purposes.

Notwithstanding anything to the contrary herein, we may use, and may permit our third-party service providers to access and use, Your Data, as well as any Usage Data that we may collect, in an anonymous and aggregated form (“Aggregate Data”) for the purposes of operating, maintaining, managing, and improving our products and services including the Services. Aggregate Data does not identify any individual. You hereby agree that we may collect, use, publish, disseminate, sell, transfer, and otherwise exploit such Aggregate Data.

Section 5: Indemnification

You agree to indemnify and hold Marketecture Media (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party arising out of (a) your use of the Services, (b) your violation of this Agreement or (c) your violation of applicable laws or regulations. Marketecture Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without Marketecture Media's prior written consent. Marketecture Media will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Section 6: Third party links; release

Third-Party Links. The Services may contain links to third-party websites and services and/or display advertisements for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under our control, and we are not responsible for any Third-Party Links. We provide access to these Third-Party Links only as a convenience to you, and we do not review, approve, endorse, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk and when you click on any of the Third-Party Links, the applicable third party's terms apply, including the third party's privacy and data gathering practices. Release. You release and forever discharge the Marketecture Media (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users of the Services or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Section 7: Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND MARKETECTURE MEDIA (AND OUR SUPPLIERS) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Section 8: Limitation on liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MARKETECTURE MEDIA (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF MARKETECTURE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL BE LIMITED TO A MAXIMUM OF THE GREATER OF FIFTY US DOLLARS (U.S. $50) OR THE AMOUNTS PAID BY YOU WITHIN THE PREVIOUS TWELVE (12) MONTH PERIOD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Section 9: Term and termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion. Marketecture Media will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your Account. Even after your rights under this Agreement are terminated, the following provisions of these Terms will remain in effect: Sections 1.4, 2.3-2.5, 3-8.

Section 10: General

Changes. This Agreement is subject to occasional revision, and if we make any material changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to the Agreement will be effective immediately for new Users of the Services and for Users who are Visitors and will be effective thirty (30) calendar days following our posting of notice of the changes on our Site for Authorized Users, or thirty (30) days after dispatch of an e-mail notice of such changes (if applicable) to such Authorized Users. Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR RIGHTS. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us. Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Marketecture Media, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify,; and (2) you or Marketecture Media may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Marketecture Media. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial. YOU AND MARKETCTURE MEDIA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 8.2(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the Commonwealth of Virginia. All other disputes, claims, or requests for relief shall be arbitrated.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: [email protected], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Marketecture Media username (if any), the email address you used to set up your Marketecture Media account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability. Except as provided in subsection (e) above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Marketecture Media.

Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Marketecture Media makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the following address: [email protected]. You and Marketecture Media acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

Accessing and Downloading the Application. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: You acknowledge and agree that (i) the Agreement is concluded between you and Marketecture Media only, and not Apple, and (ii) Marketecture Media, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Marketecture Media and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Marketecture Media.

You and Marketecture Media acknowledge that, as between Marketecture Media and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Marketecture media acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Marketecture Media and Apple, Marketecture Media, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.

Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application. If you have downloaded the Application from a third party, you acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application, e.g. the Apple App store, Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and Marketecture Media and not with the App Store. Marketecture Media, not the App Store, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and for addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store when using any Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Marketecture Media, or any products utilizing such data, in violation of U.S. export laws or regulations. Disclosures. Marketecture Media is located at the address in Section 8. 10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95814, or by telephone at (800) 952-5210. Electronic communications. The communications between you and Marketecture Media may use electronic means, whether you visit or use our Services or send e-mails to us, or whether Marketecture Media posts notices on or in the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Marketecture Media in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Marketecture Media provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. section 7001 et. Seq (“E-Sign”). Governing law. Any and all controversies, disputes, demands, counts, claims or causes of action between you and Marketecture Media and our employees, agents, successors, or assigns, regarding or relating to this Agreement or the Services will exclusively be governed by the internal laws of the Commonwealth of Virginia, without regard to its choice of law rules and without regard to conflicts of law principles except that the arbitration provisions will be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Notice. Where Marketecture Media requires that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to any notices required or permitted by this Agreement, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the address set forth in Section 8.10. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at that address. Entire Agreement. This Agreement, including the documents referred to herein, constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Marketecture Media is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, or otherwise transferred by you without Marketecture Media's prior written consent, and any attempted assignment, subcontract, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in this Agreement will be binding upon assignees. Copyright/Trademark Information. Copyright © 2025, Marketecture Media Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on or in the Services are our property or the property of third parties. You may not use these Marks without our prior written consent or the consent of such third party.

Section 11: Fees

11.1   Subscription Plan. The prices, features, and options of the Marketecture Services depend on the subscription plan (“Subscription Plan”) selected by you or by the owner of an Account to which you have access. Marketecture does not guarantee that your particular Subscription Plan will be offered indefinitely. We reserve the right to change the prices, features, or options included in a particular Subscription Plan without notice, provided that such changes shall not take effect until your next applicable subscription term.

11.2   Recurring Charges and Upgrades. By signing up for a Subscription Plan, You authorize Marketecture to charge your payment method on a recurring basis (e.g. monthly, quarterly, or yearly depending on the Subscription Plan) without an invoice. You expressly authorize Marketecture to charge your payment method (such as a credit card) for the applicable subscription charges, any usage or overage charges, and any and all applicable taxes and fees without further authorization. Such authorization is effective until the end of the Subscription Term and any applicable renewal term, until you cancel the applicable subscription or change your payment method. You further accept responsibility for all recurring charges prior to cancellation, including, whether applicable, any charges processed by Marketecture after the expiration date of your payment method.‍

If you exceed your Subscription Plan’s usage limits, you may be automatically upgraded into the next highest Subscription Plan or charged an overage or usage fee as described in the Subscription Plan. You expressly acknowledge and agree that you will pay for the upgraded Subscription Plan, overage or usage fees. 

Except as expressly set forth in these Terms of Service, all fees and charges are non-refundable, even if you did not use the full usage allotment of the applicable Subscription Plan.

11.3   Taxes. Marketecture's fees are exclusive of all taxes, and you must pay any applicable sales, use, VAT, GST, excise, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of Marketecture. You will not deduct any applicable taxes from the payments to Marketecture, except as required by law. If such deduction is required by law, you will increase the amount payable as necessary so that after making all required deductions and withholdings, Marketecture receives and retains (free from any such liabilities) an amount equal to the amount it would have received had no such deductions or withholdings been made.‍

11.4   Auto-renewals and Trials. IF YOUR ACCOUNT IS SET TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD AND YOU HAVE PROVIDED A METHOD OF PAYMENT TO MARKETECTURE FOR THE SERVICES, MARKETECTURE MAY CHARGE YOU AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS YOU CANCEL YOUR SUBSCRIPTION AS DESCRIBED IN SECTION 3.7 BELOW. Marketecture reserves the right in its sole discretion to stop offering free trial of the Services at any time without any liability to you.‍

11.5   Purchase Orders. You agree that you will pay all amounts owed, including recurring charges, without requiring any purchase orders or reference(s) to purchase order numbers. If a purchase order is required, then you will promptly notify Marketecture at least thirty (30) days prior to such requirement and the parties will cooperate in good faith in implementing a billing process that includes references such purchase order numbers. You agree that any purchase orders are for administrative purposes only and that any non-administrative terms (including, but not limited to legal, security, privacy, or finance terms) contained in its purchase order(s) do not apply to its purchase or use of Marketecture Services.‍

11.6   No Refunds. Except as expressly set forth in these Terms of Service, Subscription and usage or overage fees (and any other fees associated with the Services, including higher subscription fees for upgrades) are non-refundable and non-creditable, except where required by law. 

11.7 Cancellation and Termination by You. You are solely responsible for properly canceling your subscription. An email or phone request to cancel your subscription is not considered cancellation. You can cancel your subscription at any time by clicking on the Settings link in the Services screen. The settings screen provides a simple no-questions-asked cancellation link. If you cancel your subscription before the end of your then-current subscription term, your cancellation will take effect at the end of your current billing period , and you will not be charged again. Please note that we do not provide refunds for unused time in the last billing cycle. Once your cancellation is effective, you will not be able to access the Services. 

11.8 Downgrades. If you wish to change your Subscription Plan to a lower priced plan, or a plan with lower usage levels, such change will apply at the end of your then-current payment cycle. In some cases, such downgrade may not be available within the Services on a self-service basis, and must be requested by emailing Marketecture support.

11.9 Termination and Suspension by Marketecture: Marketecture may terminate your Account and/or these Terms of Service at any time and for any reason upon notice to you. We may also suspend our Services to you at any time, with or without cause. If we terminate your Account without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if we terminate your Account for cause, including (without limitation) for a violation of these Terms of Service or other policies, including for failure to pay the applicable fees when due. If we terminate or suspend your account, your right to use the Services, including but not limited to, any software or content provided in connection with the subscription is also terminated or suspended (as applicable).

11.10 Effect of Termination. Once your Account is terminated, we may permanently delete your Account and any or all User Content associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms of Service. All sections of these Terms of Service which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

Section 12: Ad Submissions

Marketecture charges submission fees for those wishing to submit their ad creatives to the site. In addition to the terms above, under the heading "Fees", the following terms apply to ad submissions:

• There is no guarantee that any or all of your ad submissions will be accepted by Marketecture. Acceptance and publication of your ad submissions is entirely at Marketecture's discretion.
• Fees paid for submission are non-refundable, regardless of whether the submitted ads were published.
• Ad submissions will be reviewed within a time frame acceptable to Marketecture, and there is no guarantee of fast turnaround times.
• Marketecture may use its editorial judgment in the presentation of ad submissions, and will not ask you for approval before or after such ads are published.
• Ad submissions are subject to the above "Section 4: Feedback; User Contributions"

Section 13: Digital Millennium Copyright Act

Reporting Claims of Copyright Infringement

We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Copyright Agent

Marketecture Media, Inc.

105 Fifth Avenue, 10AB

New York, NY 10003

[email protected]

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. Counter-Notification Procedures. If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified above).

Pursuant to the Act, the Counter-Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (v) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue. The Act allows us to restore the removed content if the party filing the original notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the Act.

Contact Information:

Marketecture Media Inc.

Email: [email protected]

Contact: Contact