Terms and Conditions
The Website offers an online platform through which individuals and companies may create a profile to generate leads, nurtures them, and generate sales the media planning report based on their business needs and specifications. In order to provide reliable and high-end services to our users, we maintain a strong relationship with media research houses and deliver optimum results to users.
This Service and the Website are available only to individuals above 18 years of age or registered companies. By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.marketingbeaver.com,” in relation to your use of the Website and/ or the Services and apply to all users of the Services, whether registered or not, on the Website.
We may, at our sole discretion, modify or revise these Terms and Conditions and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although Marketing Beaver may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically click on our Terms and Conditions to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits hereunder.
Marketing Beaver may review and delete any User Content that, in its sole judgment, violates these Terms and Conditions, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of Marketing Beaver. The Company reserves the right to expel Users and prevent their further access to Marketing Beaver for violating the Terms and Conditions or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms and Conditions, abusive, illegal, or disruptive.
Policies mean advertising criteria or specifications made conspicuously available, including content limitations, technical specifications, privacy policies, user experience policies, policies regarding consistency with Third-Parties’s public image, community standards regarding obscenity or indecency (taking into consideration the portion(s) of the Site on which the Ads are to appear), other editorial or advertising policies.
Site or Sites means www.marketingbeaver.com
Pay Service means certain of the Services made available on a Marketing Beaver platform on payment of fee/subscription basis.
Member means a company or person who completes Marketing Beaver’s account registration process.
Representative means an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the Company.
Commencement Date means the date on which this Agreement takes effect, as expressly stated in the media plan report.
Collective Content means Member Content and Marketing Beaver Content.
Content means report text, graphics, images, music, software, audio, video, information or other materials.
Marketing Beaver Content means all Content that Marketing Beaver makes available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
Pay Services may be offered by Marketing Beaver on a prepaid usage basis or on a periodic subscription (“Subscription”) basis. You can check our latest pricing at https://www.marketingbeaver.com/features-pricing/ .You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the “Fees”). Unless otherwise indicated on the relevant Pay Service description page, the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. Marketing Beaver reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
Please note that Subscription Pay Services renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which will only be effective at the end of your subscription period. However, if you cancel your subscription before completing the first year term, you shall be charged $599 for transferring the website to some other portal.
By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account. In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, and (c) that Marketing Beaver reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Marketing Beaver has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by Marketing Beaver shall be in addition to and without prejudice to such rights and remedies as may be available to Marketing Beaver, including injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by Marketing Beaver or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Marketing Beaver reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.
Obligations Of Users
To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice [email protected] if you discover or otherwise suspect any security breaches related to the Services.
Marketing Beaver does not control and is not responsible for e-mails sent from outside Marketing Beaver’s domain or other means of electronic communication; and that by using the Website and the Service, you may be exposed to Content that is, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible and bear all risks associated with the use of any Content, and that under no circumstances will Marketing Beaver be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing.
In order to avail our marketing Services, you have to upload some content on our Website and servers. You acknowledge and agree not to upload, post, transmit, publish, or distribute any material or information that is unlawful or which may potentially be perceived as being harmful, threatening, libelous, ethnically, or otherwise objectionable. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website.
By posting any Content on the Website, you hereby grant the Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any such Content which you may provide. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting Content, you represent to the Company that such Content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company all rights, title and interest as set forth herein in and to such Content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the Company in connection with such Content.
You agree to release Marketing Beaver, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Services. If at any time you are not happy with the Websites or the Services or object to any Content, your sole remedy is to cease using them.
When you send an e-mail or chat electronically with Marketing Beaver, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Marketing Beaver provides to you electronically satisfy legal requirements that such communications be in writing.
Suspension And Termination Of Account And Service
Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. Marketing Beaver takes steps to verify the credentials and company status of its members. We do not guarantee that the Website or any content contained on the Website will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with this Terms and Conditions. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended.
Use Of The Services
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform and is conditioned with the compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by Marketing Beaver or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Marketing Beaver will not be liable on account of any inaccuracy of information on this web Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on Marketing Beaver unless specifically authorized by Marketing Beaver in this regard.
Third Party Website Links, Content And Services
The Service and Content available through the Website may integrate with other third party service Providers such as third-party payment processor Services e.g. Stripe. If you link to Third Party Websites, you may be subjected to those Third-Party Websites’ terms and conditions and other policies. Marketing Beaver makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, data protection and your linking to any other Website is completely at your own risk and Marketing Beaver disclaims all liability thereto.
Any and all contents and services (including advertising) within Marketing Beaver that are not owned by Marketing Beaver are “third party content and services.” Marketing Beaver acts merely as an intermediary user of, and accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, Marketing Beaver may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. Marketing Beaver does not control such Websites, and is not responsible for their Content, policies, or collection, use or disclosure of any information, those Websites may collect
Ownership and Intellectual Property
This Website and all Content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws of United States.
You acknowledge and agree that Marketing Beaver owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:
modify or copy the idea of trade, layout or appearance of the Website or any computer software or code contained in the Website; and/or
decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at [email protected]
Personal Information and Privacy
We respect your right to ownership of Content created or stored by you. You own the Content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Marketing Beaver the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for Marketing Beaver’s commercial, marketing or any similar purpose. But you grant Marketing Beaver permission to access, copy, distribute, store, transmit, and reformat the Content of your user account solely as required for the purpose of providing the Services to you.
The User agrees and undertake to indemnify and to hold harmless Marketing Beaver and other parties determined by Marketing Beaver, Marketing Beaver affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any data loss, financial losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the User of the User’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or User T&C; (ii) any infringement or unauthorized use of intellectual property rights of Marketing Beaver including but not limited to infringement of intellectual property rights of Marketing Beaver in the Website (iii) any breach of the confidentiality obligations of the User under this Agreement or User T&C; (iv) any violation of Marketing Beaver policies by the User; (v) any harm to the reputation and goodwill of Marketing Beaver directly attributable to the User; and (vi) damage, unauthorized use or loss of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general/ recommendation purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Limitation of Liability
MARKETING BEAVER DOES ITS BEST TO PROVIDE INFORMATION/ RECOMMENDATIONS BASED ON DATA PROVIDED BY RESEARCH HOUSES TO ASSIST USERS IN ACHIEVING THEIR TARGETS. HOWEVER, MARKETING BEAVER DOES NOT GUARANTEE THE ACHIEVEMENT OF TARGETS IN ALL SITUATIONS AND SHALL NOT BE LIABLE FOR INFORMATION/RECOMMENDATIONS EXPRESSED HEREIN.
IN NO EVENT SHALL MARKETING BEAVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARKETING BEAVER. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT MARKETING BEAVER. SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY MARKETING BEAVER. FROM ITS FACILITIES IN CANADA. MARKETING BEAVER. MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
A FALSE, MISLEADING, INACCURATE OR INCOMPLETE INFORMATION BEING PROVIDED BY A MEMBER.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF MARKETING BEAVER. AND MARKETING BEAVER CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Marketing Beaver reserves the right, in its sole discretion to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
Entire Agreement/ Severability
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Marketing Beaver, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either Marketing Beaver or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
You agree to defend, indemnify and hold harmless Marketing Beaver and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms and Conditions for which you are responsible or in connection with your transmission of any content to, on or through our Website. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Marketing Beaver shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law And Arbitration
Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of United States, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of State of Arizona. Therefore, you agree that: the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Arizona. This Agreement shall be governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Arizona or the United States District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
Administrator. The administrator for the arbitration is the American Arbitration Association (“AAA”), a non-profit organization that is not affiliated with Supplyline. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please visit its Website, https://www.adr.org. Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/Rules.
Applicable Rules. The arbitration will be governed by the AAA’s Consumer Arbitration Rules (the “AAA Rules”), as modified by these Arbitration Procedures. If there is any inconsistency between the AAA Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at [email protected]