Terms of Use

Welcome, and thank you for your interest in Ace Metrix, Inc., (“Ace Metrix”) and our web site located at http://acemetrix.com (the “Ace Metrix Site”). We are pleased to offer you access to the Ace Metrix Site and any our other web sites, networks, mobile applications (“Apps”), downloadable software, features, or services operated by Ace Metrix (the “Ace Metrix Service”) conditioned on your acceptance without modification of the following Terms of Use (the “Terms”).
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ACE METRIX. BY ACCESSING, BROWSING, DOWNLOADING APPS AND/OR OTHERWISE USING THE ACE METRIX SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE OBLIGATION TO USE ONLY FOR LAWFUL PURPOSES, THE PRIVACY POLICY AND OTHER GUIDELINES (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE ACE METRIX SERVICE.

 

Eligibility, Registration Information and Password, Ace Metrix Service

THE ACE METRIX SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE ACE METRIX SERVICE. BY USING THE ACE METRIX SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE ACE METRIX SERVICE.
If you are registering or using the Ace Metrix Service on behalf of a company, entity, or organization (collectively “Subscribing Organization”), you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and you hereby do agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, references to “you” in these terms shall be construed to mean you, the Subscribing Organization, and any other individual that uses the Ace Metrix Service on the Subscribing Organization’s behalf.
SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, Ace Metrix grants you permission to access and use the Ace Metrix Service solely for your personal (or, in the case of a Subscribing Organization, for purely internal business purposes), at the level for which you have registered and have paid all applicable fees, as set forth in these Terms and consistent with the intended features of the Ace Metrix Service.

Registration

In order to use certain features of the Ace Metrix Service, you will need to register for an account (such users referred to herein as “Registered Users”), and to be granted access to certain features you may be required to pay the applicable fees. You agree that the information you provide to Ace Metrix on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times.

Compliance with Law

Ace Metrix products allow you to view and evaluate video content. Intellectual property laws of all jurisdictions prohibit the reproduction and distribution of protected works without authorization. You are responsible for determining what laws apply to your use of the Ace Metrix Service, and for applying the laws in the relevant jurisdiction when using Ace Metrix Service. You may not use Ace Metrix Service in violation of these or any other laws.

Privacy and other Policies

  • Privacy Policy. Your privacy is important to Ace Metrix. The Ace Metrix Privacy Policy is hereby incorporated into these Terms by reference. Please read this policy carefully for information relating to our collection, use, and disclosure of your personally identifiable information, and the personally identifiable information of others that you may include in your User Submissions (as defined below). By using the Ace Metrix Service, you represent and warrant that you have read and agree to the practices described in the Privacy Policy, and that you have the right to authorize Ace Metrix to use and disclose the personally identifiable information of others that you may include in your User Submissions in the manner described in the Privacy Policy. The practices described in the Ace Metrix Privacy Policy apply only to our use of information supplied by you to Ace Metrix through the Ace Metrix Service.
  • Guidelines. When using the Ace Metrix Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.

Prohibitive Conduct: All Rights and Licenses Granted to You Hereunder are Conditioned upon Your Compliance with the Following Restrictions. You Shall Not do or Attempt to do Any of the Following:

  • Access or attempt to access content or features of the Ace Metrix Service for which you have not registered and/or paid the applicable fees;
  • Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the Ace Metrix Service, or any of the permissions granted herein.
  • Use the Ace Metrix Service on behalf of any third party (except your Subscribing Organization, if applicable), or in connection with any type of “service bureau” activity.
  • Impersonate another person or entity, or access another user’s account without that user’s permission.
  • Share Ace Metrix passwords with any third party or encourage any other user to do so (except as provided in Section 2).
  • Use any bot, spider, or other automated program or process to access the Ace Metrix Service, except for the sole purpose of crawling the Ace Metrix Service in connection with legitimate indexing services of commercially available general purpose search engines; or
  • Use the Ace Metrix Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement.

User Submissions

  • General. The Ace Metrix Service may include certain features enabling users submit input in connection with their use of the Ace Matrix Service (“User Submissions”), and provides for the aggregation, reproduction, distribution, transmission, public performance, and public display of such User Submissions. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Ace Metrix, are entirely responsible for all User Submissions that you make available through the Ace Metrix Service.
  • No Obligation to Publish. Ace Metrix makes no representations that it will publish or make available on the Ace Metrix Service any User Submissions (or that if made available on the Ace Metrix Service, that any User Submission will remain available on the Ace Metrix Service), and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Ace Metrix Service. Without limiting the generality of the preceding sentence, Ace Metrix complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see “Digital Millennium Copyright Act” below), or if Ace Metrix becomes aware that the preparation, use, or distribution of any such User Submission violates any law or regulation.
  • License Grant by You to Ace Metrix. By submitting User Submissions to Ace Metrix, you hereby grant Ace Metrix and its affiliates and other users of the Ace Metrix Service (the “Ace Metrix Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, transmit, publicly display, modify, and publicly perform your User Submissions and adaptations thereof, solely in connection with the development, operation, maintenance, enhancement, and promotion of the Ace Metrix Service, and to collect, combine, aggregate, and analyze, data related to your User Submissions and derivatives thereof. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of so-called “moral rights” or attribution with respect to your User Submissions.
  • User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Ace Metrix to use your User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above, and ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not: (x) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (y) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (z) violate any applicable law or regulation.

Application Usage

  • Limited License. The Apps, are licensed, not sold or otherwise transferred to you. Subject to your acceptance of, and ongoing compliance with, the Terms (including payment of any applicable license fees and compliance with all license restrictions) and all applicable laws, Ace Metrix hereby grants you a limited, non-transferable, non-sublicensable, revocable license to use the Apps on a device that you own or control for your own personal enjoyment (or, in the case of a Subscribing Organization, for an internal business purpose). You may not use the Apps on any device that you do not own or control, and you may not distribute or make the Apps available over a network where they could be used by multiple devices at the same time. You may not rent, lease, lend, sell, reproduce, redistribute or sublicense the Apps. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
  • Applicability to Upgrades. These Terms will govern any upgrades provided by Ace Metrix that replace and/or supplement the original Apps, unless such upgrade is accompanied by a separate license in which case that license will govern.
  • Consent to Use of Data. You agree that Ace Metrix may collect and use technical data and related information, including, but not limited to, technical information about your handset, device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apps. Ace Metrix may use and disclose this and other information you provide for a variety of purposes. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy.
  • hird Party Fees. You understand and acknowledge that third party fees may apply to your use of the Apps, including without limitation the fee payable through the applicable third-party application store and fees charged by your mobile service provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees.

Modification of the Terms; Modification of Fees

Terms. From time to time, Ace Metrix may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the Ace Metrix Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Ace Metrix Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the Ace Metrix Service, except that (i) disputes between you and Ace Metrix will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Ace Metrix Service. Your continued use of the Ace Metrix Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.

Prohibited Uses

  • Access to the Ace Metrix Service from territories where its contents are illegal is prohibited. The Ace Metrix Service is designed for customers in the United States. Those who choose to access the Ace Metrix Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You also agree and understand that your data may be transferred to other jurisdictions for processing.
  • You may not use the Ace Metrix Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Ace Metrix Service. You may not attempt to gain unauthorized access to the Ace Metrix Service, or any part of it, other accounts, computer systems or networks connected to the Ace Metrix Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Ace Metrix Service or any activities conducted on the Ace Metrix Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Ace Metrix Service. You may not modify the Ace Metrix Service in any manner or form, nor use modified versions of the Ace Metrix Service.
  • The Ace Metrix Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the Ace Metrix Service for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Ace Metrix Service.

Feedback

You may provide Ace Metrix with information and feedback regarding the features and performance of the Ace Metrix Service, and information regarding any and all failures, errors, or other malfunctions in the Service along with any associated error messages (the “Feedback”). You hereby grant Ace Metrix a perpetual, irrevocable, worldwide, royalty-free, fully paid, unrestricted right and license to use any and all such Feedback, information, and materials for any purpose.

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