Terms of Service

This Website Terms of Service Agreement ("Agreement" or "Terms") governs your access to and use of the website located at mundialmedia.com and any subdomains, mobile applications, or digital properties operated by Mundial Media Inc. ("Company," "we," "us," or "our") (collectively, the "Site").

BY ACCESSING, BROWSING, OR USING THE SITE OR ANY PAGE THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY, AS WELL AS THE COMPANY'S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO EVERY PROVISION OF THESE TERMS OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE ALL ACCESS TO AND USE OF THE SITE.

These Terms may be revised at any time at the Company's sole discretion. We will provide notice of material changes by posting the revised Terms on the Site and updating the "Last Updated" date above. Your continued use of the Site following any such revision constitutes your acceptance of the revised Terms. You agree to use the Site for lawful purposes only and in a manner consistent with all applicable federal, state, and local laws and regulations.

The Site and all materials made available through or on the Site—including, without limitation, all text, graphics, photographs, images, illustrations, audio and video clips, data compilations, reports, advertising technology, software, algorithms, code, the Site's design, look and feel, and all other works (collectively, "Site Content")—are owned by the Company or are used by the Company under license from the applicable third-party owner. Site Content is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property laws.

Except as expressly authorized in writing by the Company, you may not copy, download, transmit, modify, adapt, translate, distribute, republish, create derivative works of, sell, license, or otherwise exploit any portion of the Site or Site Content for any purpose, commercial or otherwise. Any unauthorized use of Site Content may violate copyright laws, trademark laws, privacy and publicity laws, and applicable regulations and statutes.

"Mundial Media," "Cadmus AI," the Mundial Media logo, and all related product and service names, design marks, slogans, and other identifiers are registered and unregistered trademarks and service marks of the Company, its subsidiaries, or its affiliates (collectively, "Company Marks"). All other trademarks, service marks, and trade names appearing on the Site are the property of their respective owners. Nothing in these Terms or on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company Mark without the prior express written permission of the Company.

Certain features of the Site may require you to register for an account. Each registration is for a single user only and may not be shared. When registering, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your registration information to keep it accurate, current, and complete; (c) maintain the security and confidentiality of your login credentials; (d) accept full responsibility for all activities that occur under your account; and (e) promptly notify us of any unauthorized use of your account.

By accepting these Terms, you represent and warrant that you are at least eighteen (18) years of age. If you are accessing the Site on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, in which case "you" shall refer to such entity.

The Company reserves the right to terminate or suspend your account and access to the Site at any time for any reason, including, without limitation, any actual or suspected violation of these Terms.

The Company operates Cadmus AI and related contextual advertising technology platforms for enterprise publishers and advertisers. Certain portions of the Site and Company-operated platforms are intended for business-to-business use by authorized publisher and advertiser clients subject to separate written agreements governing the terms, conditions, and data processing obligations applicable to such services. Nothing on this Site constitutes an offer or solicitation to provide advertising technology services absent a separately executed agreement.

Information regarding data processing practices applicable to advertising services delivered on third-party publisher websites through the Company's technology is described in the Company's Privacy Policy and any applicable data processing addenda executed with publisher clients.

You are solely responsible for all data, information, and other materials ("User Content") that you submit, upload, post, transmit, or otherwise make available through the Site. You represent and warrant that: (a) you own or have all rights, licenses, consents, and permissions necessary to submit User Content; and (b) your User Content does not and will not violate, infringe, or misappropriate any intellectual property right, privacy right, or other right of any third party.

You agree that you will not submit User Content that is, or use the Site in any manner that is:

•       Unlawful, fraudulent, deceptive, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, slanderous, obscene, lewd, pornographic, or racially, ethnically, or otherwise objectionable;

•       Violative of any privacy, data protection, or consumer protection law;

•       Infringing upon the intellectual property rights of the Company or any third party;

•       Intended to solicit passwords or personal identifying information from other users;

•       A form of unauthorized advertising, promotional material, junk mail, spam, chain letters, or pyramid schemes;

•       Designed to disrupt, damage, or impair the operation of the Site, including by transmitting malware, viruses, or other malicious code;

•       Attempting to gain unauthorized access to any portion of the Site, the servers on which the Site is stored, or any server, computer, or database connected to the Site; or

•       Utilizing automated means, including bots, scrapers, or crawlers, to access or collect data from the Site without prior written consent.

With respect to User Content that you submit to the Site, you hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, copy, reproduce, excerpt, display, publish, modify, distribute, sublicense, and create derivative works of such User Content in any form or medium, now known or hereafter devised, for purposes of operating, improving, and promoting the Site and the Company's services.

The Site may contain hyperlinks to websites owned and operated by third parties. Such links are provided solely for your convenience and information. The Company has not reviewed all third-party websites linked to the Site and does not endorse, control, or assume responsibility for the content, privacy practices, or availability of any linked third-party website. Your decision to access any third-party website linked from the Site is entirely at your own risk, and you should review the terms of use and privacy policy applicable to each such third-party website before use.

The Company may access, preserve, and disclose information about you and your use of the Site, including personal information and User Content, where the Company has a good-faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with any applicable law, regulation, legal process, or governmental request, including any judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid legal process; (b) enforce these Terms or investigate potential violations thereof; (c) detect, prevent, or address fraud, security, or technical issues; or (d) protect the rights, property, safety, or interests of the Company, its users, or the public.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, and affiliates, and each of their respective officers, directors, employees, shareholders, contractors, agents, licensors, successors, and assigns (collectively, the "Company Indemnitees") from and against any and all claims, demands, actions, causes of action, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of or access to the Site; (b) any User Content you submit or transmit; (c) your violation of these Terms or any applicable law or regulation; (d) your infringement or misappropriation of any intellectual property or other right of any person or entity; or (e) any other act or omission by you.

The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with the Company's defense of such claim.

The Company reserves the right to modify, suspend, limit, or discontinue the Site or any feature or portion thereof at any time, with or without notice, and without liability to you. The availability, functionality, and features of the Site are subject to change at any time at the Company's sole discretion. The Company makes no commitment to maintain or update any portion of the Site.

These Terms remain in effect until terminated. The Company may, in its sole discretion and without notice or liability, terminate or suspend your access to and use of the Site at any time and for any reason, including for violation of these Terms. Upon termination, all rights and licenses granted to you herein shall immediately cease. Sections I, II, III, VI (license grant), IX, XII, XIII, XIV, and XV shall survive any termination or expiration of these Terms.

THE SITE AND ALL SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION XII, NOTHING HEREIN SHALL LIMIT THE COMPANY’S LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. TO THE EXTENT SUCH EXCLUSIONS ARE PROHIBITED, SUCH EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY USER CONTENT SUBMITTED, POSTED, OR TRANSMITTED THROUGH THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED: (A) FOR INDIVIDUAL, NON-COMMERCIAL USERS, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100.00) OR (II) THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; AND (B) FOR USERS ACCESSING THE SITE ON BEHALF OF A BUSINESS, COMPANY, OR OTHER LEGAL ENTITY IN CONNECTION WITH AN EXISTING OR PROSPECTIVE COMMERCIAL RELATIONSHIP WITH THE COMPANY, ANY LIABILITY SHALL BE GOVERNED BY THE TERMS OF ANY SEPARATELY EXECUTED WRITTEN AGREEMENT BETWEEN SUCH ENTITY AND THE COMPANY, OR, IN THE ABSENCE OF SUCH AN AGREEMENT, SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000). THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION XIII, NOTHING HEREIN SHALL LIMIT THE COMPANY’S LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED, SUCH LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Mandatory Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND THE COMPANY CAN BRING CLAIMS AGAINST EACH OTHER. Except as set forth below, you and the Company agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Privacy Policy, or your use of the Site (collectively, “Disputes”) shall be resolved exclusively through final and binding individual arbitration, rather than in court. The arbitration shall be conducted by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which rules are incorporated herein by reference, or, if applicable as set forth below, its Streamlined Arbitration Rules and Procedures, then in effect, which are available at www.jamsadr.com. JAMS Comprehensive Arbitration Rules and Procedures shall govern all claims; provided that JAMS Streamlined Arbitration Rules and Procedures shall apply where the total amount in controversy does not exceed Two Hundred Fifty Thousand Dollars ($250,000). The arbitration shall take place in Los Angeles County, California, or, at your election, by video conference or telephone. The arbitrator shall have exclusive authority to resolve any Dispute, including any claim that all or any part of these Terms are unenforceable. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. With respect to any arbitration in which the total amount in controversy does not exceed Ten Thousand Dollars ($10,000), the Company shall bear all JAMS filing, administrative, and arbitrator fees and shall not seek reimbursement of such fees from you regardless of outcome. For arbitrations in which the amount in controversy exceeds $10,000, fee allocation shall be governed by the applicable JAMS rules, except that the Company shall not require you to bear any fee that would render this arbitration agreement unenforceable under applicable law.

Class Action Waiver. YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. Neither you nor the Company may be a class representative or class member, nor may you participate in a class, consolidated, mass, or representative proceeding, whether as a named party or otherwise. If this class action waiver is found unenforceable for any claim, that claim shall be severed from arbitration and proceed in court, while remaining claims shall be arbitrated.

Exceptions. Notwithstanding the foregoing, the following claims are excluded from mandatory arbitration: (a) claims that may be brought in small claims court, provided they remain on an individual basis; (b) claims for injunctive or equitable relief to protect the Company’s intellectual property rights; and (c) any claim arising under PAGA (the California Private Attorneys General Act) to the extent such claims cannot be waived under applicable law.

Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to legal@mundialmedia.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and the Company agree to resolve Disputes in the courts specified in the Jurisdiction and Venue provision below.

These Terms, and any dispute arising hereunder, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.

With respect to any Dispute not subject to arbitration under this Section XIV (including Disputes subject to a valid opt-out, claims falling within the Exceptions above, or any claim for which the arbitration agreement is found unenforceable), any legal action, suit, or proceeding shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you hereby consent to and waive any objection to the personal jurisdiction and venue of such courts. If you are a consumer located outside the United States, mandatory local consumer protection laws may apply, which may provide you with additional rights.

WITH RESPECT TO ANY DISPUTE NOT SUBJECT TO ARBITRATION UNDER THIS SECTION XIV, YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIM OR ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE.

The Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, if you believe in good faith that any content on the Site infringes your copyright, please submit a written notice to our designated copyright agent containing the following information:

•       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

•       A description of the copyrighted work that you claim has been infringed;

•       A description of where on the Site the infringing material is located, sufficient for the Company to locate the material;

•       Your address, telephone number, and email address;

•       A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

•       A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Please send your DMCA notice to: legal@mundialmedia.com

Individuals who repeatedly infringe the intellectual property rights of others may have their access to the Site terminated.

All notices, demands, or consents that you are required or desire to give to the Company under or in connection with these Terms shall be in writing and delivered to: legal@mundialmedia.com. The Company may provide notice to you by any reasonable means, including by posting updated Terms to the Site or by email to the address associated with your account.

Assignment. You may not assign, delegate, sublicense, or otherwise transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the Company.

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific features of the Site, constitute the entire agreement between you and the Company with respect to your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

No Third-Party Beneficiaries. These Terms are for the sole and exclusive benefit of the parties hereto. Nothing herein shall be deemed to create any third-party beneficiary rights.