Terms of Service
These Terms of Service (the “Terms”) govern your access to and use of the website at oxavane.com (the “Site”), operated by Oxavane Inc. (“oxavane,” “we,” “us” or “our”). Please read them carefully. By accessing or using the Site, you agree to be bound by these Terms.
1. Acceptance of these Terms
By accessing or using the Site, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, which are incorporated here by reference. If you do not agree, do not use the Site. If you use the Site on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.
2. About the Site and the Exchange
The Site is an informational marketing website that describes Oxavane Inc. and the oxavane programmatic advertising exchange for connected and in-venue screens (the “Exchange”). It is provided for general information only.
The Site is not the Exchange. Access to and use of the Exchange — including any advertising inventory, demand, data, settlement or reporting — is governed by separate written agreements signed by oxavane and the relevant publisher, advertiser, demand partner or other counterparty. Nothing on the Site constitutes an offer, contract, guarantee, or commitment to provide the Exchange or any particular terms, pricing, fill, performance or results. In the event of any conflict between these Terms and a signed agreement governing the Exchange, that signed agreement controls with respect to its subject matter.
3. Eligibility
The Site is intended for business users and for individuals who are at least 18 years old (or the age of majority in your jurisdiction). By using the Site, you represent that you meet these requirements and that your use complies with all applicable laws and regulations.
4. Acceptable use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not:
- Use the Site in any way that violates any applicable law or regulation, or infringes the rights of others.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt the Site, its servers, or any connected systems or networks.
- Probe, scan or test the vulnerability of the Site, or breach or circumvent any security or authentication measures.
- Introduce any viruses, malware or other harmful code, or place an unreasonable load on our infrastructure.
- Use any robot, spider, scraper or other automated means to access or harvest content from the Site except as permitted by our robots directives, or otherwise reproduce, duplicate or resell the Site without our permission.
- Use the Site to transmit unsolicited or unauthorized advertising, or to impersonate any person or entity or misrepresent your affiliation.
5. Intellectual property
The Site and its contents — including text, graphics, logos, the oxavane name and marks, design, layout, and the selection and arrangement of content — are owned by or licensed to Oxavane Inc. and are protected by intellectual-property and other laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your own informational and non-commercial business use.
Except as expressly permitted, you may not copy, reproduce, modify, distribute, publicly display, create derivative works from, or otherwise exploit any part of the Site without our prior written consent. The oxavane name, wordmark and logo are marks of Oxavane Inc.; you may not use them without our permission. All rights not expressly granted are reserved.
6. Third-party links
The Site may contain links to third-party websites, resources or services that are not owned or controlled by oxavane. We provide these links for convenience only and do not endorse and are not responsible for the content, policies or practices of any third party. Accessing third-party sites is at your own risk and subject to their terms and privacy policies.
7. Disclaimer of warranties
The Site is provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by law, oxavane disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any information on the Site is accurate, complete or current. Any reliance you place on the Site is at your own risk.
8. Limitation of liability
To the fullest extent permitted by law, in no event will Oxavane Inc. or its officers, directors, employees, agents or affiliates be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or other intangible losses, arising out of or relating to your access to or use of (or inability to access or use) the Site, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability for all claims relating to the Site will not exceed one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you; in that case, our liability is limited to the greatest extent permitted by law.
9. Indemnification
You agree to indemnify, defend and hold harmless Oxavane Inc. and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party.
10. Governing law
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles. You agree that the state and federal courts located in California will have exclusive jurisdiction over any such dispute, and you consent to personal jurisdiction and venue in those courts, except where applicable law provides otherwise.
11. Changes to these Terms
We may revise these Terms from time to time. When we do, we will update the “Last updated” date above. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Site.
12. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
13. Entire agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Oxavane Inc. regarding your use of the Site, and supersede any prior agreements on that subject. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision. These Terms do not govern the Exchange, which is subject to separate signed agreements as described above.
14. Contact us
Questions about these Terms can be directed to:
- Email: partnerships@oxavane.com
- Oxavane Inc., 7179 Stardust Court, Eastvale, CA 92880, USA
See also our Privacy Policy and Cookie Policy.