Capitalized terms used but not defined here in shall have the meaning given to them in the Inabit Order Form and Standard Terms.
A. Publisher understands and agrees that it will not launch the Service unless Arkadium has approved in writing the location of the INHABIT Code, and the display and user interface of the Factive™ Display.
B. Publisher agrees that it shall place the INHABIT Code in between substantive paragraphs of articles, news, or similar text content (the “Text”), and not (i) after the end of the Text or (ii) to the side of the Text or on a side rail.
C. Publisher agrees that it will notify Arkadium in advance in writing if it intends to place the INHABIT Code:
- on any article page that uses pagination, fly-outs, interstitials, multimedia module or that refreshes the INHABIT Code with each page view;
- on a non-text based page (e.g. an image gallery or slideshow)
- in an iFrame; or
Arkadium reserves the right, in its sole discretion, to reject any such placement.
D. Publisher agrees that it will not, either by itself or by authorizing or encouraging others to do so, directly or indirectly:
- modify, change, edit, amend, truncate, alter, bypass, override redirect or reorder any aspect of the Service, including any of the code or INHABIT Code;
- add Publisher’s own code onto the INHABIT Code;
- copy, crawl, index, cache or store any information related to the Service;
- intersperse any content over or before or after the INHABIT Content;
- minimize, remove or otherwise inhibit the full and complete display of the Factive™ Display;
- alter the appearance of the Factive™ Display by placing it in a container or otherwise;
- remove, deface, obscure, or alter any notices of intellectual property rights included in the Service;
- access, reproduce or use the Service in any manner or for any purpose other than as expressly permitted under the Agreement;
- attempt to interfere with or disrupt the Service, including any aspect of the Factive™ Display or the INHABIT Code, or attempt to gain access to any systems or networks that connect to it other than as expressly permitted and as implemented pursuant to the Agreement; or
- take any action that imposes an unreasonable or disproportionately large load on the Service infrastructure
2. ACCEPTABLE USE
A. Publisher agrees that it will not, either by itself or by authorizing or encouraging others to do so, directly or indirectly:
- use, post or promote the Service or any INHABIT Content in association with any material or content which is, or which may reasonably be considered illegal, unlawful or infringing under any applicable laws including, without limitation, content which infringes a third party copyright, pornographic, obscene, promotional of illicit drugs and drug paraphernalia, gambling-related, violent, libelous, defamatory, indecent, seditious, offensive, invasive to privacy, abusive, threatening, harmful, vulgar, possibly capable of inciting racial hatred or otherwise hate-related, discriminatory (racially, ethnically or otherwise), in breach of confidence or any other right of any third party, or lacking in necessary authorizations, approvals, consents or licenses;
- engage in any action or practice that disparages Arkadium or the Service, or the reliability, reputation or goodwill of any of them;
- generate impressions in connection with the Service, through any automated, deceptive, fraudulent or other means that is designed to generate impressions that are not the willing actions of human end users who possess an independent, genuine desire to engage with the content or related advertisements that appears on the relevant page(s), including but not limited to, through (i) repeated manual impressions, use of robots or other automated tools or computer generated requests, (ii) participation in pay-per-click or pay-per-impressions programs or (iii) the provision of consideration to any third party in exchange for the third party causing generating clicks or impressions; or
- provide Arkadium any personally identifiable information concerning any end user of the Service.
Notwithstanding anything to the contrary herein, Arkadium shall have the right to immediately terminate this Agreement without prior notice to Publisher and to remove or otherwise disable the Factive™ Display, IHABIT Code and INHABIT Content from the Publisher Property(ies) with no further obligation to Publisher in the event of Publisher’s violation of the foregoing Acceptable Use and Implementation Requirements, as determined by Arkadium in its reasonable discretion. You agree that any unauthorized and/or unlawful use of the INHABIT Code, the Factive™ Display or the Service will result in irreparable injury to Arkadium for which monetary damages would be inadequate. In such event, Arkadium shall have the right, in addition to any and all other remedies granted or available to it under this Agreement and/or by operation of law or in equity, to immediate injunctive relief against You without the requirement to post a bond.