Extreme Reach

XR Platform Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. USE OF THIS SITE REQUIRES ACCEPTANCE OF THESE TERMS ("Terms").

The XR Platform is an online application of Extreme Reach, Inc. and its subsidiaries (collectively "XR"). Herein, "Member" means any individual who has registered for and/or uses the XR Platform. "Client" means a customer, advertiser or other client employing or contracting with XR for any of its services.

Members of the XR Platform must read and accept these Terms.

You are only authorized to use the XR Platform (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms. Please read these Terms carefully and save them for your future reference. If you do not agree, you must immediately discontinue use of the XR Platform. XR may update these Terms from time to time. Please check these Terms periodically for changes. By using the XR Platform after changes have been made to these Terms, you agree to the changes. These Terms apply only to your use of the XR Platform web application and do not modify any agreement between Client and XR regarding the underlying services.

1. Use and Termination.

XR reserves the right, in its sole discretion, to reject, refuse to use or remove any materials that do not abide by these Terms (including private messages), or to restrict, suspend, or terminate your access to all or any part of the XR Platform at any time, for any or no reason, with or without prior notice, and without liability.

XR may suspend or terminate use of the XR Platform at any time if it has a good faith belief that there is any violation of these Terms and/or inappropriate use of the XR Platform.

When using the XR Platform, you may not (or allow anyone else to):

2. Membership Contract and Limitations.

You must be 18 years of age or older to be a Member of the XR Platform. By registering or accepting these Terms, you represent and warrant that you are 18 years of age or older, that you have the right, authority and capacity to agree to and abide by these Terms, and that you will use the services in a manner consistent with any and all applicable laws and regulations.

3. Account Access & Your Responsibilities.

You are entirely responsible for maintaining the confidentiality of the information you and any associated users hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify XR immediately of any unauthorized use of your account or compromise of your password, or any other breach of security.

You may not share your account with others or use anyone else's account at any time.

When you setup or invite others to join the XR Platform, you are providing access to your company's account, and as such, it is your responsibility to manage their account permissions consistently with your business and privacy requirements, as well as to terminate such permissions in a timely manner when appropriate.

XR may access your account for Support and quality assurance purposes at any time, with or without notice to you.

4. XR Intellectual Property.

The XR Platform and all text, graphics, images, logos, icons, software, and other XR content (collectively known as "XR Intellectual Property") and the organization of this Intellectual Property are protected under both U.S. and foreign copyright, trademark and other laws. XR exclusively owns all right, title, and interest in and to the XR Intellectual Property, including any modifications and derivative works thereof and all intellectual property rights associated with the XR Intellectual Property. Unauthorized use of XR Intellectual Property is a violation of these Terms and may also violate copyright, trademark, patent, trade secret, and other laws. You may not sell or modify XR Intellectual Property or divulge, reproduce, display, publicly state, distribute or otherwise use XR Intellectual Property in any way for any public or other commercial purpose. The use of XR Intellectual Property on any other website for any purpose is prohibited.

You receive no implied licenses to any of the XR Intellectual Property and no rights whatsoever therein, except a non-exclusive, non-transferable, non-assignable, non-sublicensable license to use the XR Platform, subject to these Terms.

You shall not copy, reverse engineer or adapt the code that XR creates to generate any XR Intellectual Property or the pages making up its site, which is code also protected by XR's copyright. Except as expressly provided, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative materials of any information from The XR Platform in whole or in part without the prior written permission of XR.

5. Member Submission & Usage.

a. By submitting anything to the XR Platform, you represent and warrant that such submission is your own original work and/or that you own or have the necessary licenses, rights, consents, and permissions to use, and authorize XR to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submission in the manner contemplated by the applicable XR websites and these Terms of Use.

b. By downloading or making use of any content on the XR Platform, you represent and warrant that you have all rights and authorization required to possess and use such content.

c. You agree to indemnify XR against all legal fees, damages and other expenses that may be incurred by XR as a result of (1) your breach of the above warranty, or (2) any third-party claim based on the content of any submission.

6. Right to be Removed from Services.

XR reserves the right, in its sole discretion, to remove users from the XR Platform. Further, XR may, at its discretion, remove a Member from the use of services at any time for any reason.

7. Nielsen Opt-Out.

Advertisements within the XR Platform are encoded with one or more of the following based on Customer orders and preferences: Closed Captioning, BVS Watermark, Nielsen Watermark, V-Chip and Teletrax. Nielsen encoding allows Nielsen to access certain related metadata which they may use to inform their services and provide metadata and services to XR and third parties. In order to opt-out of Nielsen encoding, Client must click the "Opt-out of automated Nielsen watermarking" checkbox on the Advertiser page within the XR Platform. If you click the "Opt-out of automated Nielsen watermarking" check box, Nielsen watermarking is not applied: Nielsen will have no access to that metadata and XR will be unable to provide related Nielsen metadata for applicable Client materials.

8. Payment for Services.

If you are a media destination (e.g. TV local broadcaster, TV Platform broadcaster, TV local cable, TV national cable, radio station, web publisher or mobile publisher) and use the XR Platform only to receive media, there is no charge for this service. Other use of the XR Platform may be subject to charges. If you use the XR Platform to send media, you will be billed for services and transactions made in the XR Platform. By accepting any of our services, you agree to keep us updated as to your billing information. Furthermore, you understand that accounts that have become delinquent (more than 14 days past due) are subject to deactivation without further notice being given to you.

9. Nature of the XR Platform Service.

Nothing in these Terms shall be construed to create, evidence or imply any agency, employment, partnership, or joint venture between the parties. Neither party shall have any right, power, or authority to create any obligation or responsibility on behalf of the other. The Terms are not intended to benefit, nor shall they be deemed to give rise to any rights in, any third party. You may not assign or transfer your Member profile, or sublicense, assign or delegate any right or duty under these Terms without XR's prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect.

10. Privacy.

We may collect information you submit such as name, mailing address and email address to authenticate account use and to send notifications regarding use of the XR Platform. When you register for an account with us, you may from time to time have an opportunity to receive information about special promotions, incentives, and other programs from XR or our clients. We will not trade or sell any information about our users with third parties. For Digital Media Receivers, these Data Processing Terms shall also apply.

11. GDPR

When applicable, XR complies with the General Data Protection Regulation (GDPR) as set forth by the European Parliament in April 2015. The regulation mandates that XR protects the personal data and privacy of EU data subjects. If there is any conflict between the policies in this privacy policy and GDPR, the GDPR principles shall govern.

Our Data Privacy Officer can be contacted at privacy@extremereach.com. For purposes of retaining your payment information, we may sometimes be the data controller. However, in other contexts, XR may be a data processor, with you and/or the company that engaged you for services acting as the data controller.

EU residents can contact privacy@extremereach.com for requests related to rights of erasure, correction, restriction of processing, and portability.

Should you have any issues with how we handle your data, we request that you contact us first so that we can make every effort to address your concerns. You also have the right to lodge a complaint with a supervisory authority.

Legal Basis For Processing Data. We will normally collect personal information from you only where: (a) we have your consent to do so, (b) where we need the personal information to perform a contract with you, or (c) where the processing is in our legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms). In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

Where we rely on your consent to process the personal information, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal. Withdrawing consent may limit, delay, or prevent our ability to provide services to you.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

Data is stored and processed globally depending on the context of the services and location of the customer. We rely on standard contractual clauses to authorize any necessary international data transfers.

12. Disclaimers of Warranties.

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:

(a) Services and content on this site are provided on an "as is" and "as available" basis. We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and against infringement.

(b) We make no warranty that: (i) the functions of and services provided in this site will be uninterrupted, secure or error- free; (ii) defects will be corrected; or (iii) this site or the server that makes the services available is free of viruses or other harmful components.

(c) We make no warranty regarding the accuracy, veracity, integrity or quality of the content, sites or resources made available on or from this site, including, but not limited to, any warranty that such content, sites or resources will be free of material that is offensive, indecent or objectionable.

(d) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

13. Limitation of Liability.

IN NO EVENT WILL XR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.

14. Indemnity.

You agree to indemnify and hold XR, Inc. and its affiliates, officers, directors, employees, agents, third party service providers and third parties authorized by XR or other partners, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of: your use of the XR Platform; content you submit, post, transmit or otherwise make available through the XR Platform; your violation of these Terms; or your violation of any rights of another. You agree to be solely responsible for defending any claim against or suffered by XR, subject to XR's right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against XR provided that you will not agree to any settlement that imposes any obligation or liability on XR without XR's prior express written consent.

15. General Information.

These Terms constitute the entire agreement between you and us with respect to your use of the XR Platform. XR reserves the right to update these Terms at any time. Your continued use of the XR Platform following any update constitutes your agreement to abide by the updated Terms. These Terms will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth for any dispute arising under or relating to the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect. To the extent these Terms conflict with any executed Agreement between you and XR, the terms of the executed Agreement shall prevail.


Last updated: January 5, 2025 (general updates)