Poinsettia Media Limited (“Poinsettia Media” / “we” / “us” / “our”) requires that all visitors to this website owned, operated, licensed, and controlled by Poinsettia Media (the “Site”) adhere to the following Terms of Use. If you are an Advertiser/Publisher/ Programmatic Buyer/ Programmatic Seller, then the terms of the Master Service Agreement executed between You and Poinsettia Media shall govern and the Terms of Use as stated herein do not apply. For any other third party, by accessing and using the Site, you indicate your acknowledgement and acceptance of these Terms of Use. If you do not agree with these Terms of Use, you should immediately cease use and access to the Site. The term “you” or “your” refers to the user or viewer of the Site.

Poinsettia Media may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database or content. Poinsettia Media may also impose limits on certain features and services and/or restrict your access to parts or all of the Site without notice or liability of any kind.

Restrictions on Use.

All the Web products and services, information, materials, data, images, graphics, sounds and other components on the Site (the “Contents“) are copyrighted and owned or controlled by Poinsettia Media unless otherwise noted. Any unauthorized use of the Contents on the Site may violate copyright, trademark and other laws and intellectual property rights of Poinsettia Media or third parties. Unauthorized use may give rise to a claim for damages and/or be a criminal offense. Contents from the Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Poinsettia Media. The Contents on the Site are provided for lawful purposes only.

You shall not misuse our services. For example, don’t interfere with our services or try to access them using a method other than the interface and the instructions that we provide. You may use our services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Poinsettia Media’s privacy policy as made available at Privacy Policy explains how we treat your personal data and protect your privacy. By using our services, you agree that Poinsettia Media can use such data in accordance with our privacy policies.

Audience Data Collection

All Poinsettia Media Publishers based in the EU and/or serving /managing data to audiences in the EU must be compliant with GDPR valid data consent. Please check the IAB website for more details:​ https://gdpr.iab.com/

Limitation of Liability.

Poinsettia Media WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. MEDISTINCT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF Poinsettia Media OR AN AUTHORIZED Poinsettia Media REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Poinsettia Media’s TOTAL LIABILITY TO YOU FOR ALL PROVEN LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Submissions.

Some of our services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our services, you give Poinsettia Media (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services. Some services may offer you ways to access and remove content that has been provided to that service. Also, in some of our services, there are terms or settings that narrow the scope of our use of the content submitted in those services. Make sure you have the necessary rights to grant us this license for any content that you submit to our services.

Our automated systems analyse your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

Poinsettia Media will not be required to treat any submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Poinsettia Media operations or content. Except as noted below in this paragraph, Poinsettia Media will be entitled to use the submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the submission. You agree to indemnify, defend and hold Poinsettia Media harmless for any liability arising due to the use or distribution of those materials. You further grant Poinsettia Media the right to use your name in connection with the reproduction or distribution of such material.

Personally identifiable information that may be received at the Site is considered to be provided voluntarily by the visitor to the Site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not Poinsettia Media, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law. If applicable, Poinsettia Media reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

Restrictions on submissions.

In connection with your use of the services, you will not, and will not allow any third party to:

a) Post to, link to, or use the services about any material that contains:
Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
Obscene, defamatory, libellous, slanderous and/or unlawful content;
Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
Inflammatory religious content;
Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
b) Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the services;
c) Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the services or any content contained therein;
d) Use the services in any manner that could damage, disable, overburden, or impair the services, Company, the third party site on which the services are available, or any other person or entity; or
e) Collect any information (including, without limitation, email addresses) about other users of the services; create or transmit unwanted electronic communications to other users of the services; or otherwise interfere with such users’ enjoyment of the services.

Unless otherwise expressly authorized in these Terms of Use or on the services, you may not take any action to interfere with the services or any other user’s use of the services. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the services without our prior written consent. You agree not to bypass any measures we may use to prevent or restrict access to the services.

You agree not to use the services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the services.

Jurisdiction.

Except as otherwise described, all Contents on the Site are made available only to provide information about Poinsettia Media and its services. Poinsettia Media controls and operates the Site and makes no representation that the Contents on such Site are appropriate and may be subject to the laws of the country in which they are controlled and operated. If you use the Site from a location other than the location where the site is controlled and operated, you are responsible for compliance with applicable local laws.

Disclaimer.

THE CONTENTS ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALSO, Poinsettia Media MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AT ANY TIME. THE CONTENTS ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Poinsettia Media DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Poinsettia Media DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Poinsettia Media DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Poinsettia Media MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE SITE. YOU (AND NOT Poinsettia Media) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. FURTHER, INFORMATION CONTAINED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. Poinsettia Media SHALL NOT BE LIABLE FOR ANY RESULTS OBTAINED OR NOT OBTAINED AS A CONSEQUENCE OF THE USE OF THE INFORMATION CONTAINED ON THE SITE.

ANY REFERENCE TO Poinsettia Media OR THE INFORMATION CONTAINED ON THE SITE FOR COMMERCIAL PURPOSES, INCLUDING CITATION IN ANY ADVERTISING, SALES COLLATERAL OR OTHER MARKETING MATERIALS, IS STRICTLY PROHIBITED.

LINKED SITES

The Site includes links to other sites which are not maintained by Poinsettia Media who is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by Poinsettia Media of the sites or any products or services referred to therein. Poinsettia Media may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the Site. If you decide to access any third party site linked to the Site, you do so entirely at your own risk and Poinsettia Media shall have no liability for any loss or damage arising from your use of any such site.

LINKING AND LOGO POLICY

By linking to any page on the Site, you hereby agree to be bound by the following terms and conditions. Except as provided in this paragraph, Poinsettia Media prohibits site caching, the use or posting of unauthorized hypertext links to the Site and the framing of any Content available through the Site. You may link to the Site only via the Site’s home page or a designated gateway page. A gateway page is any page that is the first and primary page that serves as a starting point to a significant body of content. Links can be by text only and may only read “Poinsettia Media” Images of the Poinsettia Media logo can only be used for link purposes and can only be made with the express written permission of Poinsettia Media. Any requests for such permission or for permission to link to the Site in a manner other than as permitted in the preceding paragraph should be addressed to contact@mpoinsettiamedia.com. By linking to the Site, you acknowledge and agree that, other than as set forth herein, all rights to the Poinsettia Media trademarks or service marks used on the Site, the Content appearing on the Site and the design of the Site belong to Poinsettia Media. You must not misrepresent your relationship with Poinsettia Media or present false or misleading impressions about Poinsettia Media. No links to the Site may be used in a manner that implies or suggests that Poinsettia Media approves or endorses you, your website or your goods and services (in all cases, except as Poinsettia Media may have agreed separately with you in writing). Poinsettia Media shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend Poinsettia Media against all claims against Poinsettia Media arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. Poinsettia Media reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the Site from your website. This is not a license, but subject to your compliance with the above terms, Poinsettia Media agrees to grant you the use of the “Poinsettia Media ” name solely for the purpose of establishing a link to the Site as permitted hereunder. Except for the limited permission to use the “Poinsettia Media” name as set forth in this paragraph, you may not use any of Poinsettia Media’s trademarks or service marks for any other purpose without the express written permission of Poinsettia Media. Poinsettia Media may at any time, in its sole discretion, without cause, withdraw the permission granted herein to use the “Poinsettia Media” name and your right to link to any pages on the Site. In such event upon request, you agree to immediately remove all links to the Site and to cease using the “Poinsettia Media” name for linking purposes. Thereafter, any future links to the Site will require the express written permission of Poinsettia Media. Poinsettia Media reserves the right to amend these linking terms and conditions at any time. By continuing to link to the Site, you agree to be bound to and abide by these linking terms and conditions, as well as other legal terms of use and conditions on the Site, as amended from time to time.

MISCELLANEOUS

Poinsettia Media may, without notice, revise these Terms of Use at any time by updating this posting. Your continued use of the Site now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms of Use will be governed and be interpreted pursuant to the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) notwithstanding any principles of conflicts of law. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Site.

Last updated: May 2021