General Description
Media Tracker is a web hosted technological solution developed to meet the highest needs and standards of the international advertising industry. An accurate and comprehensive reporting system that integrates customer needs and development in useful modern technology. An automated Broadcast Verification system that allows advertisers to keep Up-to-the-minute media measurement confirming the exact occurrence of the content monitored.
Media Tracker offers insightful Media Intelligence solutions with the immediate access you need to competitive advertising activity across all key media to counter threats and create opportunities.
These terms of use govern the use of the service provided to access the tool and generate, view, and/or download reports available therein, including all features and functionalities it offers, such as the web interface, alert service, downloadable reports, and all software associated with our service.
By using this Website, you agree to be bound by and comply with these Terms of Use and any other guidelines, rules or policies posted to the Media Tracker Website by Media Express, SRL from time to time.
All such guidelines, rules and policies (including, without limitation, Media Tracker’s PRIVACY POLICY) are incorporated into these Terms of Use by reference and are made a part hereof. Please read these Terms of Use carefully. This is a legal document, and it contains binding obligations.
Lea atentamente estos Términos de uso. Este es un documento legal que contiene obligaciones vinculantes.
Intellectual Property
Please read these Terms of Use carefully. This is a legal document containing binding obligations.
Changes to the Terms of Use
Media Tracker reserves the right to modify these Terms of Use at any time. Such modifications will take effect immediately after Media Tracker publishes them on the website.
We recommend that you check the website periodically to stay informed about such changes. Your continued use of the website after such publication will be considered acceptance of these modifications.
Use of this Website
Access, distribution, and/or use of this website are subject to all applicable laws and regulations. To the extent that access, distribution, or use of this website is deemed illegal under applicable law, such access, distribution, or use is prohibited.
You agree to comply with all applicable laws regarding the use of the website and your participation in any Media Tracker offerings.
You agree not to: (i) interfere with the website or the servers or networks connected to it; (ii) "frame" or "mirror" any part of the website without prior written authorization from Media Tracker; (iii) use meta tags, code, or other devices containing references to Media Tracker's offerings to direct anyone to another website for any purpose; and/or (iv) modify, translate, decompile, disassemble, or reverse engineer any software available through the website or otherwise used in connection with Media Tracker's offerings.
Use of Materials
The materials on this website, including but not limited to sound recordings, videos, images, logos, trademarks, and other works (collectively, the "Materials"), are protected by various intellectual property laws and are owned or controlled by Media Tracker or used with the permission of their owners.
The display of Materials on this website does not imply that any license has been granted to you. You agree not to remove any copyright, trademark, or other proprietary notices contained on the website.
Unless otherwise stated on this website, copying, reproducing, uploading, downloading, transmitting, or any other use of this website or any of the Materials, in whole or in part, is prohibited without the express authorization of Media Tracker.
You may download digital files only when expressly permitted. Any unauthorized access, use, or copying of this website or the Materials may result in legal liabilities under applicable law and legal actions.
Privacy
Consulte la POLÍTICA DE PRIVACIDAD Please refer to Media Tracker's PRIVACY POLICY for information on the collection and use of personal information on this website.
Links
Occasionally, the Media Tracker website may contain links to other websites that are not controlled or maintained by Media Tracker. Access to and use of such websites is at your own risk and is subject to the terms of use and privacy policies governing those websites. By providing such links, Media Tracker is not considered to endorse, recommend, approve, guarantee, or present third parties or their services or products, nor any data, opinions, advice, information, promotions, or products found on those websites. Media Tracker is not responsible for the content of such websites, the failure of any product or service offered for sale or advertised on such websites, or any damages that may result from them. The copyrights of the materials or information on the linked websites belong to other organizations. Additionally, those websites may have privacy policies or terms of use different from those of Media Tracker or may offer their users less security than the Media Tracker website.
Account and Password Responsibility
To access certain features of the website, you may be required to create an account. When creating an account, you must provide accurate and complete information and may not use a false identity or that of another person. When creating an account, you will be asked to choose a password that you will use to access the secure part of the website, which may be required to participate in certain website offerings.
You are responsible for maintaining the confidentiality of your password. You agree not to: (i) use another visitor's account, username, or password at any time, (ii) share your account, or (iii) disclose your password to third parties.
You agree to notify Media Tracker immediately if you suspect any unauthorized access. You are solely responsible for the use of your account and password.
Non-Commercial Use
You may not use this website or any of the materials provided herein for commercial purposes unless with the express written consent of Media Tracker.
User-Submitted Content
In certain sections of this website, visitors are allowed to post comments, information, creative works (including but not limited to text, images, or photos), or other materials ("User Content").
You acknowledge and agree that you are solely responsible for the User Content you post. You also acknowledge and agree that Media Tracker is not responsible for or makes any representations about the User Content posted on this website, nor is it liable for any User Content that violates these Terms of Use.
Regarding all User Content you post, you represent and warrant that: (i) the material is entirely original to you or that you have all necessary rights, licenses, and permissions to post it on this website, (ii) such User Content will not infringe or violate the rights of any person or entity, nor violate any regulation, statute, or law, (iii) no money will be owed to any party as a result of the publication or use of the User Content, and (iv) you will be responsible for all User Content submitted through your account.
Media Tracker expressly disclaims any responsibility regarding User Content. Media Tracker reserves the right, at its sole discretion, to remove or refuse to publish any User Content without prior notice.
User Content
All communication, whether private or public, including any User Content intended for publication on the Website, must comply, at Media Tracker’s sole discretion, with the following rules and standards. It must: (i) Comply with all applicable laws, including intellectual property, privacy, and defamation laws. (ii) Be appropriate within the context of the general purposes of the Website. (iii) Not be vulgar, derogatory, obscene, pornographic, blatantly offensive, defamatory, hateful, abusive, or promote racism or any form of discrimination. (iv) Not provide personal information or request such information from any other user of the Website. (v) Not involve or result in the transmission of junk mail, unsolicited bulk emails, spam, spimming, or phishing. (vi) Not transmit or distribute potentially harmful programs such as trojans, worms, viruses, spyware, or any other malicious software or code. (vii) Not contain material or images owned by another person or entity unless you have obtained all necessary rights, licenses, and permissions to publish the material and use it as stipulated in these Terms of Use.
Copyright Infringement
By posting your User Content on or through the Website, you retain all ownership rights to such User Content, unless specifically stated otherwise herein. However, by posting any User Content on or through the Website, you agree to comply with the Terms of Use and grant Media Tracker a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable (through multiple levels), and transferable license to use, modify, publicly perform, publicly display, publish, republish, copy, broadcast, transmit, reproduce, edit, distort, aggregate, translate, reformat, prepare derivative works of, distribute, and otherwise exploit such User Content, in whole or in part, in connection with the Website and the promotion and marketing of the Website and Media Tracker and its related entities (collectively, the "Services"). You also waive any moral rights you may have over such User Content. Furthermore, you grant each visitor a non-exclusive license to access your User Content through the Website and to use, reproduce, distribute, display, and perform such User Content as permitted by these Terms of Use. Additionally, you understand and agree that Media Tracker may retain, but not display, distribute, or perform, server copies of User Content that has been removed or deleted. You understand that Media Tracker performs the technical functions necessary to provide the Website and its Services, including, but not limited to, transcoding and/or reformatting content to enable its use through the Website. You agree not to commercially exploit any User Content obtained through this Website without Media Tracker’s express written consent.
Copyright Infringement
Media Tracker values intellectual property and respects the intellectual property rights of third parties and will remove from its website any materials that infringe on third-party copyrights. If you believe that your copyrighted material has been infringed by material contained on this website, please contact us at info@mediatracker.com.do.
Additional/Different Terms
Some pages or sections of this website may contain additional or different Terms of Use from these Terms of Use. In case of a conflict between such additional or different Terms of Use and these Terms of Use, the additional or different Terms of Use will prevail concerning the specific pages or sections to which they apply.
Limitation of Liability and Disclaimer of Use
Media Tracker strives to ensure that all information and data it generates on the website are accurate. However, Media Tracker is not responsible for any damages or losses related to the use of this website.
THIS WEBSITE, ALL MATERIALS CONTAINED HEREIN, AND ALL LINKS OR OTHER ELEMENTS RELATED TO IT ARE TRANSMITTED AND DISTRIBUTED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES, AND FUNCTIONS WILL BE AVAILABLE FOR USE OR FUNCTION AS DESCRIBED. THERE ARE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE WEBSITE OR THE MATERIALS CONTAINED HEREIN. ANY INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGES, REVISIONS, OR UPDATES. MEDIA TRACKER RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO PAGES ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE AND ACCEPTS NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THESE PAGES AT ALL TIMES. MEDIA TRACKER SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGES OR INJURIES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, OR ANY OTHER DAMAGES RESULTING FROM THE USE OR INABILITY TO USE OR ACCESS THIS WEBSITE, ANY MATERIAL CONTAINED HEREIN, OR ANY COMPUTER VIRUSES, MALFUNCTIONS, OR OTHER FAILURES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. MEDIA TRACKER MAKES NO REPRESENTATIONS OR CONDITIONS REGARDING THE ACCURACY OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITE LINKED TO THIS SITE AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR (I) ERRORS OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS, REPRODUCTION, DISTRIBUTION, AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS, REPRODUCTION, DISTRIBUTION, OR USE OF MEDIA TRACKER’S SECURE SERVER AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJANS, OR SIMILAR ISSUES THAT MAY BE TRANSMITTED THROUGH THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF INFORMATION OR DATA TRANSMITTED, OR DAMAGE RESULTING FROM THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.
You are responsible for taking appropriate precautions to detect computer viruses and maintaining a backup of all data and/or equipment.
Media Tracker is not responsible for any damages or losses related to reliance on an outdated version of these Terms of Use, including but not limited to any outdated version of our Privacy Policy.
Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit disclaimers against future fraud; therefore, such limitations or disclaimers may not apply to you. In such jurisdictions, Media Tracker's liability is limited to the maximum extent permitted by applicable law.
Indemnification
By communicating with Media Tracker electronically, via email or otherwise, you consent to receive electronic communications from Media Tracker. You agree that all communications (including, but not limited to, notices, agreements, and disclosures) that Media Tracker provides electronically satisfy any legal requirement that such communication be in writing.
Electronic Communications
By communicating with Media Tracker electronically, via email or otherwise, you consent to receive electronic communications from Media Tracker. You agree that all communications (including, but not limited to, notices, agreements, and disclosures) that Media Tracker provides electronically satisfy any legal requirement that such communication be in writing.
Regarding all communications you make through the Website, including but not limited to comments, questions, suggestions, and similar: (i) you will have no right to the confidentiality of your communications, and Media Tracker will have no obligation to protect your communications from disclosure; (ii) Media Tracker will have the freedom to reproduce, use, publish, display, disclose, and distribute your communications to others without any limitation; and (iii) Media Tracker will have the freedom to use any idea, concept, technical knowledge, information, data content, or technique contained in your communications for any purpose, including but not limited to the development, production, and marketing of products and services incorporating such information.
Business Acquisition
In the event that Media Tracker or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale, or similar transaction involving any portion of its business or assets, you acknowledge and agree that this Website, all data collected on this Website, and all of Media Tracker’s and its affiliated entities' rights under this agreement may be included in or transferred as part of such transaction.
Disputes and Governing Law
The use of this website and these Terms of Use will be governed by the laws of the State of New York, United States of America, without regard to its conflict of laws provisions. In the event that a competent court deems any part of these Terms of Use to be unenforceable, illegal, or void in any jurisdiction for any reason, unless its interpretation is limited, that part will be interpreted, for the exclusive purposes of that jurisdiction, as if the invalid, prohibited, or unenforceable part had been interpreted more restrictively to avoid being invalid, prohibited, or unenforceable (or, if such provision cannot be sufficiently restrictive, the court making such a determination will have the authority to modify it as necessary to make that part of these Terms of Use enforceable in that jurisdiction, and that part will be enforceable in the modified form in that jurisdiction). However, if any part of these Terms of Use is considered invalid, prohibited, or unenforceable in any jurisdiction for any reason, that part, solely with respect to that jurisdiction, will be ineffective to the extent of its invalidity, prohibition, or unenforceability, without invalidating the remaining provisions of these Terms of Use. No interpretation, modification, or restriction of any part of the Terms of Use will affect the interpretation, validity, or applicability of that part in any other jurisdiction. No waiver by Media Tracker of any term or condition of these Terms of Use will be considered a further or continuing waiver of that term or condition or any other term or condition.
Except as prohibited by law, as a condition for accessing and/or using this website, you agree that (1) each and every dispute and cause of action arising out of or related to this website will be resolved individually, without resorting to any form of class action, and exclusively through final and binding arbitration, and (i) if the dispute involves a U.S. resident, the dispute will be submitted to binding arbitration in New York within one (1) year from the date the cause of action arose (or, if multiple causes of action are involved, from the date the first cause of action arose), with such arbitration conducted in accordance with the then-current rules of the American Arbitration Association, or (ii) if the dispute involves a Canadian resident, the dispute will be submitted to binding arbitration in Ontario within one (1) year from the date the cause of action arose (or, if multiple causes of action are involved, from the date the first cause of action arose), with such arbitration conducted in accordance with the then-current rules of the Canadian Arbitration Association; and (2) the judgment on such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration initiated under this agreement may be consolidated with any other action or arbitration.
Under no circumstances will you be allowed to obtain compensation for punitive, incidental, or consequential damages, or for any other damages, including attorney's fees, and by accessing or using the site, you waive any right to claim punitive, incidental, or consequential damages, or any other damages, including attorney's fees, as well as any right to have damages multiplied or increased. All claims, judgments, and indemnifications will be limited to actual expenses incurred, excluding attorney's fees and court costs. Notwithstanding any contrary provision set forth in these Terms of Use, Media Tracker may, at any time, seek injunctive or other appropriate relief against you or third parties in any state or federal court in the state of New York, or in any provincial or federal court in the province of Ontario, in the event that Media Tracker believes there is a violation, or threat of violation, of any intellectual property rights. In such case, you consent to the exclusive jurisdiction and venue of such court.
Entire Agreement
These Terms of Use, including all documents and policies referenced herein, represent the complete agreement between Media Tracker and you regarding the use of this website and supersede any prior statements or representations. Contact Us
If you have any questions about this website or any of the policies set forth in these Terms of Use, please contact us at info@mediatracker.com.do.
