Last Updated: Aug 11, 2020
In these Service Terms, the words "Dovetale","we," and "us" refer to Dovetale Inc. The words "Customer" and "you" refer to the subscriber to the Platform Services as defined in the Order Form, whether an individual, corporation, or other entity.
The following terms and any others defined in these Service Terms will be interpreted according to the definitions given:
Authorized User - if you are an individual or an individual employee or agent of yours who has been assigned unique credentials to access and use the Platform Services, whether or not that individual is accessing or using the Platform Services at any particular time.
Dovetale Platform - means Dovetale’s cloud platform that facilitates the Platform Services (as defined herein).
Order Form - means Dovetale's online or written order form or account setup form, as submitted by Customer and accepted by Dovetale, that specifies the pricing for the use of the Platform Service, and that references these Service Terms.
Partner - means any third party authorized by Customer to access and use the Platform Services, or which supplies advertising or advertising inventory to Customer in connection with Customer's use of the Platform Services.
Platform Services - means the web-based advertising network, affiliate tracking, targeting, reporting and analytics services included in the services to be supplied by Dovetale, as defined in the Order Form (and any applicable service description referenced in the Order Form) or separate terms that reference this agreement, that are facilitated by the Dovetale Platform.
Third Party Integrations - Dovetale offers Customers the option of sending data and information to, and receiving data and information from analytics or other services provided by third parties ("Third Party Integration Providers"). Customer is solely responsible for establishing a contractual relationship with any such Third Party Integration Providers, independently of Dovetale, and complying with the terms of such contractual relationship. Dovetale shall not be responsible or liable for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Data or any other harm to Customer or any other party caused by any Third Party Integration Providers, including without limitation, by Dovetale's integration with such Third Party Integration Providers and the use of any data or information received from such Third Party Integration Providers. For clarification, Dovetale shall not be responsible for any Third Party Integration Provider; Customer agrees that any claim relating to a Third Party Integration Provider may only be made against the related Third Party Integration Provider.
Third Party Services - Customer acknowledges that in connection with Platform Services, the Dovetale Platform may facilitate the delivery of services of third parties service providers (“Third Party Service”) (“Third Party Service Provider”), where applicable, and agreed to in writing by the Customer, Third Party Service Provider and Dovetale. Any Third Party Service shall be performed by the corresponding Third Party Service Provider in accordance with the corresponding Third Party Service Provider terms (“Third Party Terms”), to which Customer shall agree in advance, independently of Dovetale; the Third Party Service Provider shall remain directly responsible to Customer for the performance of its Third Party Service. For clarification, Dovetale shall not be responsible for any Third Party Service Provider or Third Party Service; Customer agrees that any claim relating to a Third Party Service Provider or Third Party Service may only be made against the related Service Third Party.
Responsibilities in Using Platform Services - You are responsible for: (i) maintaining the confidentiality of any user IDs, passwords and other credentials associated with your account, (ii) all activities that occur with respect to your account, (iii) your use of the Platform Services and compliance with these Service Terms, and (iv) any Customer-furnished data. Further, you acknowledge and agree that you shall remain liable for all actions and omissions of your Authorized Users and Partners hereunder or under any applicable separate agreement.
Advertising Obligations You shall not, and shall cause each of your Partners not to, directly or indirectly, in connection with their business practices or activities, or in connection with any advertisements or properties on which advertisements appear: (i) facilitate or promote illegal, deceptive, or fraudulent activity, or contain content that is illegal; (ii) contain content that is or promotes activities that are, in Dovetale's sole discretion, likely to generate liability for Dovetale or negatively affect Dovetale's reputation; (iii) infringe upon or violate any right of any third party, including, without limitation, any intellectual property, privacy, or publicity rights; or (iv) use the Platform Services to target advertisements to children under the age of 13 years (16 years in the EU).
Correction and Suspension - If Customer's use of the Dovetale or Platform Services, or any advertising or advertising inventory properties are deemed by Dovetale, in its sole discretion, to not meet the letter or spirit of the standards set forth in this Agreement, Dovetale may request that Customer make changes to bring its practices and/or such content and materials into compliance.If Customer fails to make the necessary changes immediately upon request, and without limiting any of the other remedies available to Dovetale at law or inequity, Dovetale is authorized to remove the content or materials, and/or suspend any applicable campaign or Customer's access to the Platform Services, without liability to Customer, in its sole discretion. Customer agrees and acknowledges that Dovetale shall have the right to audit, from time to time, Customer's use of the Dovetale, Platform Services, and the content and material Customer is promoting, distributing and/or displaying on or through the Platform Services or in connection with the use thereof. Dovetale reserves the right to immediately suspend, in whole or in part, Customer's access to the Platform Services and Dovetale's provision of the Platform Services in order to prevent imminent harm to Dovetale or a third party, without liability to Customer, in its sole discretion..
DATA AND OWNERSHIP
Treatment of Customer Data - Customer is ultimately responsible for making and keeping current copies of all Customer Data and related information. Dovetale will retain Customer Data subject to any time or storage limitations set forth in Dovetale documentation for the Platform Services. Dovetale shall not disclose the Customer Data to any third party except (a) as directed by Customer (including by Customer's selection of an optional third party data integration), (b) if such disclosure is made by Dovetale in response to a court order, subpoena or other legal process, and provided that Dovetale has given Customer reasonable notice of such court order, subpoena or other legal process, (c) if such disclosure is made to Dovetale's service providers in connection with the operation of the Platform Services, or (d) if such disclosure is in aggregate non-personally identifiable form. Dovetale shall use industry standard technology and practices to secure Customer Data.
Ownership - Dovetale agrees that Customer will own all Customer Data, and that Dovetale receives only the right to access the Customer Data solely in connection with the provision of the Platform Services to Customer. As between Dovetale and Customer, the Platform Services and all software, data and technologies embodied in or used to provide the Platform Services, including any data and information other than Customer Data, and all intellectual property rights in or relating to any of the foregoing, is owned by Dovetale. For clarification, unless otherwise expressly agreed to in writing by the parties, all suggestions, solutions, improvements, customizations, corrections, and other contributions provided by Customer regarding the Platform Services or Dovetale materials provided hereunder shall be owned by Dovetale, and Customer hereby agrees to assign any such rights to Dovetale.
Identification of Customer - Dovetale may identify Customer, by name and by logo, as a customer of the Platform Services on Dovetale's website and other marketing materials unless stated in a contract that supersedes this standard agreement.
Case Study - Provided Customer is satisfied with the Platform Services, Dovetale may develop a case study for public dissemination and marketing use by Dovetale describing the benefits Customer has derived from the Platform Services. Customer will reasonably cooperate with such case study. Publishing shall be subject to Customer's prior written approval, not to be unreasonably withheld.