Terms of Service
These Terms of Service (“Terms of Service”) set forth the terms and conditions that apply to your access and use of the WordPress plugin entitled “Grow” (“Grow” or the “Plug-in”) created by, owned and operated by Mediavine, Inc. (“Mediavine”). If you do not agree to these terms, please do not download and/or use Grow.
From time to time we may update the Terms of Service. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except changes addressing new functions of Grow or changes made for legal reasons, which will be effective immediately. Your continued use of Grow after the date of any such changes become effective constitutes your acceptance of the new Terms of Service.
Grow is a WordPress plugin that provides publishers with sharing tools for visitors to a website to share or reshare digital content or other website materials via social networks. The Plug-in also provides data to assist Publishers in analyzing the content being shared. Grow has two versions available, a basic version which is free of charge and a paid version (also called “Pro”).
If you are a Mediavine Publisher, the terms of the Publisher Agreement continue to apply. In the event of a conflict between these Terms of Service and the Publisher Agreement, the Publisher Agreement will govern.
Mediavine reserves the right to modify or discontinue, temporarily or permanently, Grow (or any part thereof) with or without notice. You agree that Mediavine will not be liable to you or to any third party for any modification, suspension or discontinuance of Grow.
Conditions of Use of the Plugin
License for Use: Grow is licensed under the GNU general public license (http://www.gnu.org/licenses/gpl.html). Pro is available via subscription and. may offer different features than the version available free of charge. Please see the Grow subscription page for a listing of those features and the current pricing. Pricing may change at any time. Mediavine reserves the right to increase or decrease its pricing, in its sole discretion.
User Conduct: You are solely responsible for your use of Grow. The following are examples of the kind of content and/or use that is illegal or prohibited by Mediavine. Mediavine reserves the right to investigate and take appropriate legal action against anyone who, in Mediavine’s sole discretion, violates this provision. You agree to not use Grow:
- (a) in connection with any content, materials, sites, activities, or products that:
- (i) infringes any intellectual property or other proprietary rights of any party;
- (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
- (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- (iv) poses or creates a privacy or security risk to any person;
- (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
- (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
- (vii) in the sole judgment of Mediavine, is objectionable or which restricts or inhibits any other person from using or enjoying Grow, or which may expose Mediavine or its Publishers to any harm or liability of any type;
- (b) to interfere with or disrupt the plugin or servers or networks connected to the Plugin, or disobey any requirements, procedures, policies or regulations of networks connected to the Plugin;
- (c) to violate any applicable local, state, national or international law, or any regulations having the force of law;
- (d) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (e) to solicit personal information from anyone under the age of 18;
- (f) to harvest or collect email addresses or other contact information of viewers by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- (g) to advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- (h) to further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- (i) to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Plugin.
No Endorsement. Mediavine neither endorses nor assumes any liability for any material shared through Grow.
Intellectual Property Rights
Plugin: You may not claim intellectual or exclusive ownership rights to the Plugin. The Plugin is property of Mediavine.
Trademarks: The Mediavine and Grow name and logos are trademarks and service marks of Mediavine (collectively the “Mediavine Trademarks”). Other product and service names and logos used and displayed via the Plugin may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Mediavine. Nothing in the Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Mediavine Trademarks displayed on the Plugin, without our prior written permission in each instance. All goodwill generated from the use of Mediavine Trademarks will inure to our exclusive benefit.
No Liability: Under no circumstances will Mediavine be liable in any way for any content shared through the Plug-In, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of any such content.
Ownership of Content: You represent and warrant that you own all right, title and interest in and to the content shared through the Plug-In, including, without limitation, all copyrights and rights of publicity contained therein. Mediavine does not permit copyright infringing activities and infringement of intellectual property rights through the Plugin.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Plug-in (“Submissions”), provided by you to Mediavine, its affiliated companies or partners are non-confidential and Mediavine, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Sharing of Your Content: We do not claim any ownership of the content or materials that you post or submit on any website that utilizes Grow. You agree to allow others to view and share content on any website that utilizes Grow and you agree to allow us to provide the necessary technology to enable such sharing.
Mediavine offers the Plug-in “as is” and with no implied meaning that it will function exactly as you would like or will be compatible with all 3rd party components and plugins. Mediavine offers support via email solely related to the Plug-In. Mediavine does not or support other WordPress plugins Mediavine has not developed.
Indemnity and Release
To the extent permitted by applicable law, you agree to release, indemnify and hold Mediavine and its affiliates and their officers, employees, directors and agents harmless from any and all claims, obligations, losses, liabilities, damages, and expenses, including reasonable attorneys’ fees, rights, actions of any kind and injury (including death) arising out of or relating to (i) your use of the Plug-in, (ii) your connection to the Plug-in, (iii) your violation of the Plug-in Terms of Service, (iv) your violation of any rights of another, including, without limitation, copyright, property or privacy right or (v) any claim that any content shared through the Plug-in caused damage to a third party. This defense and indemnification obligation will survive the Plug-in Terms of Services and your use of the Plug-in.
Disclaimer of Warranties
You understand and agree that you are fully responsible for your use of the Plug-in. Mediavine makes no representations, warranties or guarantees.
YOUR USE OF THE PLUG-IN IS AT YOUR SOLE RISK. THE PLUG-IN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDIAVINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MEDIAVINE IS NOT RESPONSIBLE FOR ANY DATA LOSS, WEBSITE DOWNTIME OR ANY OTHER PROBLEMS THAT MAY OCCUR AS A RESULT OF INSTALLING THE PLUG-IN.
MEDIAVINE MAKES NO WARRANTY THAT (I) THE PLUG-IN WILL MEET YOUR REQUIREMENTS, (II) THE PLUG-IN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLUG-IN WILL BE ACCURATE OR RELIABLE, (IV) THE PLUG-IN WILL FUNCTION WITH OTHER THIRD PARTY PLUG-INS, WEB BROWSERS OR WEB HOSTS OR (V) THE QUALITY OF ANY PRODUCTS, PLUG-INS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLUG-IN WILL MEET YOUR EXPECTATIONS. MEDIAVINE IS NOT RESPONSIBLE FOR ANY PLUG-IN COMPABILITY CONFLICTS THAT MAY OCCUR.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDIAVINE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEDIAVINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLUG-IN; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLUG-IN; OR (IV) ANY OTHER MATTER RELATING TO THE PLUG-IN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE PLUGIN OR WITH THE PLUG-IN TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLUGIN. FOR PRO USERS, MEDIAVINE’S MAXIMUM LIABILITY TO YOU SHALL BE THE AMOUNTS PAID FOR YOUR LICENSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT ANY LIABILITY FOR CONTENT SHALL REST ENTIRELY WITH THE USER.
The Plug-in is offered by Mediavine from its facilities in the United States of America. Mediavine makes no representations that the Plug-in is appropriate or available for use in other locations. Those who access the Plug-in from other jurisdictions are responsible for compliance with local law.
All disputes between the parties arising out of or in connection with the Terms of Service or any breach thereof will be determined and settled by binding arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will not be combined with any other proceeding or arbitration against one of the parties. The place of any such arbitration shall be in or near Palm Beach County, Florida. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator to serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The arbitrators’ decision and award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The award rendered by the arbitrators will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction. The arbitration will be governed by and construed in accordance with Florida law without reference to conflict of laws provisions.
For claims not subject to the Dispute Resolution section above, this Agreement will be governed by the laws of the State of Florida, without reference to its conflict of law principles and jurisdiction of any and all such disputes will lie in the state and federal courts sitting in Palm Beach County, Florida. You consent to personal jurisdiction in the state and federal courts located therein and hereby waives all defenses of lack of personal jurisdiction and forum non-conveniens.
No Class Actions
We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor Mediavine can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users, and cannot be used to decide other disputes with other users.
Notwithstanding the above, if Mediavine changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice by email to email@example.com within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Mediavine’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Mediavine in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Mediavine, in its sole discretion, may suspend or terminate your use of the Plug-in and remove and discard any content within the Plug-in, for any reason or no reason at all. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Mediavine may also in its sole discretion and at any time, discontinue providing the Plug-in, or any part thereof, with or without notice. You agree that any termination of your access to the Plug-in under any provision of the Plug-in Terms of Service may be effected without prior notice, and acknowledge and agree that Mediavine may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Plug-in. Further, you agree that Mediavine will not be liable to you or any third party for any termination of your access to the Plug-in.
The Terms of Service constitute the entire agreement between you and Mediavine related to your use of the Plug-in and govern your use of the Plug-in, superseding any prior agreements between you and Mediavine with respect to the Plug-in. All other agreements, including, but not limited to, the Publisher Agreement, continue to apply. You also may be subject to additional terms and conditions that may apply when you use other Mediavine services. The failure of Mediavine to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Plugin or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Mediavine, but Mediavine may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.
For more information, please contact Mediavine at firstname.lastname@example.org.
Last updated: February 3, 2020