Website Terms & Conditions
Effective Date: October 2, 2025
These Terms and Conditions of Use (these “Terms”) govern your use of the OpenX Website. We refer to OpenX Technologies, Inc. and its affiliates and subsidiaries in these Terms as “OpenX,” “we,” or “us.” Please read these Terms carefully before using the OpenX Website. By using the OpenX Website, you signify your assent to these Terms. If you do not agree to these Terms, please do not use the OpenX Website.
1. Ownership
The content on the OpenX Website, including text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, but excluding Submissions and Feedback (each as defined below) (collectively, “Content”) and the OPENX trademark and logo, as well as certain other of the names, logos and materials displayed on or through the OpenX Website that constitute trademarks or logos (collectively, “Marks”) are owned by or licensed to OpenX and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. All rights in or to the OpenX Website, including in the Content and the Marks, not granted herein are expressly reserved to OpenX or its licensors.
2. Use of the OpenX Website and Content
You agree not to reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile, or disassemble the OpenX Website, or any portion of the OpenX Website, including, without limitation, the Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by OpenX. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. You agree that we may use any information we obtain about you through the OpenX Website in accordance with the provisions of our Website Privacy Policy. In addition to reviewing these Terms, you should also read our Website Privacy Policy, which describes how we may collect and use your personal information (https://corp-www.prod.gcp.openx.org/privacy-center/privacy-policy/).
Prohibited content and activities on the Website include, but are not limited to:
(a) Violating Any Law or Regulation
Engaging in any conduct that violates or encourages others to violate any local, state, national, or international law or regulation.
(b) Abusive or Objectionable Material
Transmitting or posting material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or otherwise offensive or objectionable, including material that promotes discrimination or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
(c) Unsolicited Promotions and Solicitations
Transmitting or posting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation or mass messaging.
(d) Malicious Code
Knowingly transmitting or posting any material that contains adware, malware, spyware, software viruses, or any other malicious code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or that may otherwise interfere with, damage, or disrupt the Website.
(e) Harassment or Harm
Stalking, harassing, threatening, or causing harm to another individual, or inciting others to do so.
(f) Impersonation and Misrepresentation
Impersonating any person or entity, including without limitation a representative of OpenX, or otherwise misrepresenting your affiliation with a person or entity, or falsely stating or otherwise misrepresenting information.
(g) Interference with Website Functionality
Interfering with or disrupting the Website, including disrupting servers or networks connected to the Website, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Website.
(h) Automated Access and Data Harvesting
Launching or using any automated system, including but not limited to “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Website than a human can reasonably produce in the same period using a conventional web browser, or using any scraping, crawling, or extraction methods to collect data from the Website without our express permission.
(i) Infringement of Intellectual Property Rights
Transmitting, posting, or otherwise making available content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.
3. Submissions
The OpenX Website may enable you to submit messages, comments, photographs, images, or other content (“Submissions”) to the OpenX Website. Any submissions made to the Website are considered non-confidential and non-proprietary. You should not submit any confidential or sensitive information to us through the Website.
When you provide OpenX with a Submission, you grant to OpenX and its affiliates, representatives and assigns a non-exclusive, fully-paid, world-wide, transferable, royalty-free, and fully sublicensable license to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. Submissions may be available to all users of the OpenX Website. OpenX reserves the right to display advertisements in connection with your Submissions and to use your Submissions to advertise and promote OpenX, the OpenX Website and any other OpenX products or services. OpenX reserves the right to modify Submissions in its sole and absolute discretion. OpenX is not required to host, display, or distribute any Submissions, and may refuse or remove them at any time. This license will remain in effect even if you later remove or delete your submission from the website.
OpenX shall have the right, but no obligation, to monitor Submissions to determine compliance with these Terms. OpenX shall have the right in its sole discretion to edit, refuse to post or remove any Submission for any reason. OpenX neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement in any Submission. Notwithstanding the right to monitor set forth herein, OpenX does not control any Submission that you or other users may provide. Accordingly, by permitting you to post Submissions to the OpenX Website, OpenX is not, and will not become, a publisher of such Submissions and is merely functioning as an intermediary to enable you to provide and display Submissions.
If you make any Submissions, you represent and warrant that: (a) you own all rights in your Submissions or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to OpenX the rights in your Submissions described herein; (b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions; (c) your Submissions comply with all applicable laws, regulations, and third-party rights (including without limitation intellectual property rights, privacy rights, and publicity rights); (d) your Submissions do not contain content that is fraudulent, obscene, defamatory, or threatening; (e) you are at least 18 years of age or between the ages of 13 and 17 and using the OpenX Website with parental or legal guardian consent and supervision; and (f) you agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to OpenX upon OpenX’s request
4. Feedback
By providing feedback to OpenX and/ or its affiliates– such as ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than Submissions (“Feedback”), whether oral or written, you agree that OpenX and its affiliates are free to use, disclose, reproduce, license, or otherwise distribute and exploit such Feedback for any purpose, without restriction.. You acknowledge and agree that you have no expectation of compensation,confidentiality, or any other obligation from OpenX with respect to such Feedback, and that OpenX assumes no duties to you as a result of receiving or using your Feedback.
5. Digital Millennium Copyright Act
OpenX respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17, United States Code, Section 512(c), if you believe that your copyrighted material has been infringed upon on this website, please send OpenX’s copyright agent a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the material that you claim is infringing and that you request to be removed, and information reasonably sufficient to permit OpenX to locate the material on the OpenX Website;
(c) your contact information—including your name, address, telephone number, and email address—so we may contact you if necessary.;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
(f) your physical or electronic signature.
Please send all of the above enumerated information to the following OpenX copyright agent:
OpenX Technologies, Inc.
35 North Lake Avenue, Suite 240
Pasadena, California 91101
T: 1.626 466 1141
F: 1.626.405.1599
E: legal@openx.com (for DMCA notices only)
Please do not send notices or inquiries unrelated to alleged copyright infringement to OpenX’s designated agent.
6. Links to and from other Websites
You may post Content available on the OpenX Blog (https://blog.openx.com/) to certain third party social media websites and other platforms using the links embedded therein. You agree to comply with any applicable terms of use of those third party platforms and social media websites with respect to posting any Content. You will be solely responsible for any actions you take in posting the Content, including for your compliance with any applicable terms and conditions of those third party social media websites or other platforms. Furthermore, the OpenX Website may provide, or third parties may provide, links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that OpenX is not responsible for the availability of such websites or resources, and OpenX does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that OpenX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such website or resource.
7. Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THE OPENX WEBSITE IS AT YOUR SOLE RISK. THE OPENX WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPENX AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE OPENX WEBSITE (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). OPENX AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE OPENX WEBSITE OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE OPENX WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE OPENX WEBSITE;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
(d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE OPENX WEBSITE;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE OPENX WEBSITE BY ANY THIRD PARTY; AND
(f) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE OPENX WEBSITE.
OPENX AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE OPENX WEBSITE OR ANY LINKED WEBSITE. OPENX AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OPENX WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPENX OR THROUGH THE OPENX WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OPENX OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO YOUR USE OF THE OPENX WEBSITE.
9. Exclusions and Limitations
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 and disclaimers may not apply to you. To the extent OpenX may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of OpenX’s liability shall be the minimum permitted under such applicable law.
10. Indemnity
You hereby agree to indemnify, defend, and hold harmless OpenX and its directors, officers, employees and agents, its and their respective successors, heirs, and assigns (the “OpenX Parties”) against any liability, damage, loss or expense (including reasonable attorneys’ fees and costs or fines imposed on OpenX by public authorities) incurred by the OpenX Parties in connection with any third-party claims or public proceedings arising out of or relating to (a) any information (including, without limitation, your Submissions, Feedback, or any other content) you submit, post, or transmit on or through the OpenX Website; (b) your use of the OpenX Website; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. OpenX reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with OpenX in asserting any available defenses.
11. Force Majeure
Under no circumstances will OpenX be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, acts of God, terrorism, war, riots, fire, earthquake, flood, computer equipment or internet failures, electrical power failures, or degradation or failure of third party networks or communications infrastructure.
12. Termination
If you violate any of these Terms, your permission to use the OpenX Website and the Content will automatically terminate without prior notice. Upon termination, you must immediately cease all access to and use of the Website and Content, and OpenX reserves the right to restrict or block your future access to the Website. OpenX also reserves the right to pursue any other remedies available under applicable law for violations of these Terms.
13. Modifications to the OpenX Website
OpenX reserves the right to modify or discontinue the OpenX Website with or without notice to you. OpenX shall not be liable to you or any third party should OpenX exercise its right to modify or discontinue the OpenX Website.
14. Other Provisions
These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding conflicts of laws principles. The parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, for any dispute arising out of or relating to this Agreement. .
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of OpenX to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms, together with our Website Privacy Policy, and any other principles, rules, or guidelines posted in connection with the OpenX Website, are the entire and exclusive agreement between OpenX and you regarding the OpenX Website, and these Terms supersede and replace any prior agreements between OpenX and you regarding the OpenX Website.
15. Changes to these Terms
From time to time, we may change these Terms. If we decide to change these Terms, in whole or in part, we will inform you by posting the revised Terms to the same location on the OpenX Website. Those changes will go into effect on the Effective Date disclosed at the top of the revised Terms. Your continued use of the OpenX Website constitutes your agreement to abide by the Terms as revised. If you object to any such revisions, your sole recourse shall be to stop using the OpenX Website.
