Terms and Conditions
MediaBlink Terms of Service
By accessing MediaBlink’s website and/or entering into any Agreement for Services, which are further defined below, with MediaBlink, you are agreeing to be bound by the following terms and conditions, generally referred to herein as Terms of Service.
1.1. Services – any and all platforms, websites, products, services and applications created, sold, offered by MediaBlink for Your use.
1.2. Platform – the MediaBlink platform and communication systems located either at www.mediablink.com or www.yourdealerdashboard.com, or www.orcaconsole.com, or www.profitminer.io and / or its quickbase related notifications.
1.4.Client, User, You, Your – refers to the company and its representatives accessing the Services, any party authorized by You to access Your Content and Data collected in connection with Services.
1.5. Campaign – the planned efforts generated by use of Services through any medium to promote Your specific objective.
1.6. Data – all the identities and contact information that you provide or is obtained in connection with the use of the Services.
2.1. You agree that Your use of these Services is governed by this section of the Terms of Service. Any violation of this section is considered a material breach of these Terms of Service and therefore is a material breach of any Agreement that you have with MediaBlink, which may result, among other things, in the suspension or cancellation of your access to our Services.
2.2. MediaBlink reserves the right to update and change the Terms of Service from time to time without notice. Any new features that amend, augment, enhance or update the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Your continued use of the Services shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://www.mediablink.com/terms-and-conditions/
2.3. Your use of the Platform and Services is solely at your risk.
2.4.You are responsible for maintaining the security of your account and password. MediaBlink will not be liable for any loss or damage from your failure to comply with this security obligation.
2.5.You are responsible for the content of communications distributed using Services and Your Campaigns, even when the content is created by third parties. You will not disseminate communications or create Campaigns that are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property. MediaBlink reserves the right to remove, or discontinue the communication of, any material that it deems, in its sole discretion, to be actually or potentially illegal, of a nature that could subject MediaBlink to liability under any theory of law, in violation of this this section or otherwise inappropriate.
2.6. You agree not to access Services or use any other software or application in connection with Services for purposes of spoofing, spamming, harassment, fraud, forgery, hacking, system contamination or illegal retrieval of information and data.
2.7. You shall undertake all reasonable measures to ensure the validity of those electronic mail addresses and telephone numbers for SMS text messaging and e-mails to which any data or information is transmitted in connection with the Services.
2.8. MediaBlink, at its sole discretion, may unsubscribe any electronic mail address from where a spam complaint has initiated. However, You may, within thirty (30) days following such action, direct a written request to MediaBlink, requesting reinstatement of that specific electronic mail address by providing justification for such reinstatement.
2.9. All recipients of electronic mail and/or SMS messages must have opted to receive them, and, on the initial message be prompted to accept ongoing communications. All messages must contain a mechanism for subscribers to opt out from further messages by the use of industry-standard keywords such as “STOP”. Further, opting in to a specific mobile marketing program does not give permission to be sent messages from any other campaign not specifically related to that program.
2.10. If either Party experiences a data breach, the party experiencing the data breach will notify the other party, as soon as possible, but no later than twenty- four (24) hours after becoming aware of it. Immediately following notification, the Parties shall coordinate with each other to investigate the data breach. The Parties agree to reasonably cooperate with one another in the handling of the matter, including, without limitation, assisting with any investigation and making available all relevant records, logs, files, data reporting and other materials required to comply with applicable law, regulation, industry standards. The party experiencing the data breach shall use best efforts to immediately remedy any data breach and prevent any further data breach at that party’s expense in accordance with applicable rights, laws, regulations and standards.
3. Cancellation and Termination
3.1. Once an Agreement with MediaBlink is terminated or Your account is cancelled Your Data will be deleted from the Platform. You have 90 days from the end of a campaign or the termination of the Agreement to retrieve Your Data. You understand that such Data cannot be recovered past the 90 days once such campaign ends, such Agreement is terminated or your account is cancelled.
4. Modifications to the Platform and Prices
4.1. MediaBlink reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice.
4.2. Unless otherwise agreed by You and MediaBlink in writing, all pricing for Services are subject to change upon 30 days’ notice from us.
4.3. MediaBlink shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Platform.
5. Intellectual Property and Content Ownership
5.1. The look, feel, features and functionality of the Services, particularly the Platform, are proprietary to MediaBlink. You acknowledge and agree that the Platform, including, as allowed by law, its features and the related services involve proprietary and confidential information that is protected by applicable intellectual property and other laws, including pending patents, if applicable.
5.2. You acknowledge and agree that MediaBlink’s templates and other materials used to create Your Campaigns and in connection with the Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
5.3. You agree not to replicate, reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, or Services, or access to the Platform without the express written consent of MediaBlink.
6. Limitation of Liability
6.1. You acknowledge and agree that, to the fullest extent permitted by law, MediaBlink shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantages) arising out of or in connection with Your use of the Services, even if MediaBlink has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to:
- a. the use of or the inability to access the Platform
- b. the cost of procurement of substitute services resulting from any defect in the Platform or Services
- c. statements or conduct of any third party on MediaBlink’s website or the Platform, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions
- d. Campaigns or communications disseminated by you or any third party.
7. General Conditions
7.1. Violation of any of the terms below will result in the termination of your account with MediaBlink and/or any obligation that MediaBlink may have to you under these Terms of Service.
7.2. You may not access the MediaBlink Services if You are Our direct competitor, except with Our prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
7.3. If you are entering into this agreement on behalf of a company or other legal entity, you represent, you have the authority to bind such entity and its affiliates to our terms and conditions.
7.4. You understand and agree that MediaBlink may use Campaign results resulting from your use of the Platform and/or Services in use-case collateral and other marketing endeavors and can display your company name or entity as a customer on our customer list. You may request removal from the list by written request.
7.5. You understand that MediaBlink uses third-party vendors and hosting partners in connection with the Platform and Services, by your use of the Platform and/or Services, you agree to be bound by the terms of the service level agreements and terms of service of such partners.
7.6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MediaBlink customer, employee, member, manager, officer or agent will result in the immediate termination of your account and Agreement.
7.7. You understand that the technical processing and transmission of the Platform, including your Content, may be transferred in unencrypted form and involve:
- a. transmissions over various networks
- b. changes to conform and adapt to technical requirements of connecting networks or devices.
7.8. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third- party rights, are hereby disclaimed by MediaBlink to the maximum extent permitted by law.
7.9. The failure of MediaBlink to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
7.10. These Terms of Service and any Agreement You may have with MediaBlink and its performance shall be governed by the laws of the state of Louisiana, in the United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Jefferson Parish, Louisiana, in the United States of America, in all questions and controversies arising out of your use of this website, the Services, and this Agreement.
7.11. YOU AND MEDIABLINK HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREUNDER, INCLUDING WITHOUT LIMITATION THE SERVICES.
7.12. In the event that any provision these Terms of Service is held to be unenforceable, such provision will be construed as nearly as possible to reflect its original intent and the remainder of the Terms of Service will remain in full force and effect.