These Terms of Service govern your access to and use of the Curation Media website, advertising platform, and related services. Please read them carefully. By using our services, you agree to these terms.
By accessing or using the Curation Media website, platform, or services, you agree to be bound by these Terms of Service. If you do not agree, do not use our services. These Terms include important provisions including disclaimers of warranties, limitations of liability, and dispute-resolution procedures.
These Terms of Service ("Terms") constitute a legal agreement between you and Duration Media, Inc., doing business as Curation Media ("Curation Media", "we", "us", or "our"), governing your access to and use of the website located at curationmedia.net (the "Website"), our supply-side advertising platform (the "Platform"), and any related products or services we offer (collectively, the "Services").
By accessing or using the Services, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.
For the purposes of these Terms, the following definitions apply:
The Services are intended for use by businesses and authorized representatives acting on behalf of businesses. By using the Services, you represent and warrant that:
To access certain features of the Platform, you may be required to create an Account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.
You are responsible for safeguarding the credentials associated with your Account and for any activities or actions taken under your Account. You agree to notify Curation Media immediately of any unauthorized access to or use of your Account.
We reserve the right to suspend or terminate your Account at any time, with or without cause, and with or without notice, particularly in cases of suspected unauthorized access, fraud, or violation of these Terms.
Subject to your compliance with these Terms, Curation Media grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your internal business purposes and in accordance with the documentation we provide.
This license does not include any right to:
If you are a Publisher using the Platform, you agree that you:
If you are an Advertiser using the Platform, you agree that you:
You agree not to use the Services, or to upload, transmit, or otherwise make available through the Services, any Content that:
Fees for the Services are governed by the commercial terms set forth in your applicable Insertion Order ("IO"), Master Services Agreement, or other written agreement with Curation Media. In the absence of a separate written agreement, the following terms apply:
The Services, including all underlying technology, software, designs, text, graphics, and other materials, are owned by Curation Media and its licensors and are protected by United States and international intellectual property laws. The Services are protected by issued and pending patents; see our Patent Information page for details.
The marks VaaS®, Viewability-as-a-Service®, Refresh Detect™, Curation Media, and Duration Media are trademarks owned by Curation Media or its affiliated entities. You may not use these marks without our prior written consent.
You retain all rights in any Content you submit through the Services. By submitting Content, you grant Curation Media a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and display that Content solely as necessary to provide the Services.
Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of information as described in the Privacy Policy.
Publishers and Advertisers using the Platform agree to comply with all applicable data protection laws, including the General Data Protection Regulation ("GDPR"), the California Consumer Privacy Act ("CCPA"), and any similar laws applicable to their activities.
The Services may integrate with or link to third-party services, including (without limitation) demand-side platforms, verification partners such as IAS and DoubleVerify, attention measurement partners such as Lumen and Adelaide, and standards bodies such as IAB Tech Lab and Ad Net Zero.
Curation Media is not responsible for the availability, accuracy, or content of any third-party services, nor for any acts or omissions of third parties. Your use of third-party services is governed by the terms and policies of those third parties.
Without limiting the foregoing, Curation Media does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. While we publish performance metrics and standards (such as 90 %+ viewability), all measurement is subject to independent verification by third-party partners. We do not guarantee any specific business outcome, return on investment, or revenue uplift, except as expressly stated in a separate written agreement.
You agree to defend, indemnify, and hold harmless Curation Media, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Curation Media reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.
Either party may terminate these Terms at any time and for any reason, subject to any commitments in your applicable Insertion Order or Master Services Agreement. Curation Media may suspend or terminate your access to the Services immediately, without notice, if we believe in good faith that you have violated these Terms.
Upon termination, your right to use the Services will immediately cease. The following provisions will survive termination: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any payment obligations accrued prior to termination.
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction of those courts.
In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, with the arbitration to take place in New York, New York.
We may modify these Terms from time to time. When we make material changes, we will post the updated Terms on the Website and update the "Effective" date at the top of this page. We may also provide notice through email or in-Platform notifications.
Your continued use of the Services following any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.
Questions about these Terms should be directed to:
For general inquiries unrelated to these Terms, please contact info@curationmedia.net. For privacy-related inquiries, please contact privacy@Durationmedia.net.