Terms of service

1. Definitions

1.1. Agreement: consists of these Standard Terms of Service, which may be amended and/or modified without prior notice. The online and dated version is the applicable version.

1.2. Content: includes any and all text, software, scripts, graphics, photos, sounds, music, videos and other audiovisual material viewed on, accessed through or contributed to the Licensed Website via the Platform.

1.3. Embedded Code: is either original embedded code of a specific Video Player of a Video Player Rights’ Owner.

1.4. Intellectual Property Rights: mean any and all intellectual property rights arising out of the Licensed Website and the Services offered on the Platform and any and all intellectual property rights, including, but not limited to copyrights, logos, trademarks, codes and patents belonging to INVIBES ADVERTISING.

1.5. Platform or Licensed Website: all features, services, functionalities, content and the “look & feel, design and style” available under or served from www.invibes.com or any affiliated domain, on third party web pages or domains via all kinds of devices.

1.6. Publisher: is any person or entity, commercial or otherwise which publishes, disseminates, distributes and/or edits Content on the Internet via any kinds of devices.

1.7. Services: an easy way for You to search and discover online Content.

1.8. Terms of Service: comprises (1) the present Agreement and (2) the Privacy Policy which together constitute the binding applicable agreement governing Your relationship with INVIBES ADVERTISING regarding Your use of INVIBES ADVERTISING DISCOVERY made available under or served from www.invibes.com or affiliate domain, in any form on third party web pages or domains via all kinds of devices.

1.9. Video Player: includes any and all kind of video players, including any audiovisual Content and technical functionalities, embeddable, either (1) following a specific authorization given by the Video Player Rights’ Owner or (2) because they are made publicly available under their respective terms of use. During the crawling process, INVIBES ADVERTISING respects the instructions given in the /robots.txt file indicated in the root directory of the Video Player Right’ Owner website(s).

1.10. You / User / Your (where applicable): the user of the Services.

1.11. Video Player Rights’ Owner: Video Player Provider / Video Player Platform / Producer / Video Player Owner / Video Player Broadcaster, any and all entity or person which owns or has any and all necessary licenses, proprietary rights, permissions and/or other rights to said Players of video media Content and which has displayed the corresponding Embed Code on the web or which has given a specific authorization to INVIBES ADVERTISING, to crawl for said Video Player Embedded Code.

2. Invibes advertising discovery services

INVIBES ADVERTISING DISCOVERY offers an easy way for You to search and discover online content and videos that have been made available or embeddable by its corresponding rightholder on its website(s).

3. Your use of the services (obligations)

INVIBES ADVERTISING hereby grants you a non-exclusive, non-transferable and non-assignable license to access and have a use of the Services as set forth in this Agreement provided that:

3.1. Except as permitted pursuant to applicable law You agree not to alter, disrupt, tamper with, circumvent and/or interfere with the Licensed Website and its security features, through any technology or means other than the Licensed Website itself. In particular, considering that the embeddable Video Players submitted to the Platform are protected by Intellectual Property Rights regarding their Content, You agree not to alter the viewing made available via the Player of the Platform or to illegally download the Video Players by other means than the proposed Embedded Code and to respect the applicable terms of use.

3.2. Except as permitted pursuant to applicable law You agree not to use or launch any automated system, or try to access the Services other than indicated in the interface and the instructions provided, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the INVIBES ADVERTISING servers in a given period of time than a human can reasonably produce in the same period using a conventional on-line web browser. Notwithstanding the foregoing, INVIBES ADVERTISING grants the operators of public search engines permission to use spiders to copy materials from the Licensed Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

3.3. Except as permitted pursuant to applicable law you agree not to collect any personal data or to use the communication systems provided by the Licensed Website for any commercial solicitation purposes. In particular, You agree not to solicit, for commercial purposes, any users of the Licensed Website with respect to their Content. In general, You agree not to use the Services for any commercial purposes except as authorized unless You obtain INVIBES ADVERTISING’s prior express written consent. Such consent shall not be unreasonably withhold.

3.4. You understand that when using the Services, you will be exposed to Content from diverse sources and that INVIBES ADVERTISING is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such Content. Indexed Videos are the sole responsibility of their Video Players Rights’ Owner as INVIBES ADVERTISING acts solely as a technical intermediary to index them and thus has no responsibility regarding the available embeddable Video Players. You agree to immediately notify INVIBES ADVERTISING of any Video which would allegedly violate any legitimate rights or applicable law by sending an email to contact@INVIBES.com.

3.5. To the maximum extent permitted pursuant to applicable law you agree to waive and hereby do waive, any legal or equitable rights or recourse You have or may have against INVIBES ADVERTISING with respect thereto. To the fullest extent permitted pursuant to applicable law You agree to indemnify INVIBES ADVERTISING arising out of an culpable infringement of your obligations under this Agreement.

4. Adaptations, changes and improvement of the services

INVIBES ADVERTISING continually adapts, changes and improves the Services. You are aware, acknowledge and accept that the form, nature and substance of the Services can be modified at any time without prior notice.

5. Intellectual property

5.1. You agree that any and all Intellectual Property Rights resulting out of the Licensed Website and the program proposed via the Platform are exclusively held by INVIBES ADVERTISING NV, Reigerstraat 8, 9000 Ghent, Belgium. You will not take any action to jeopardize, limit or interfere with the Intellectual Property Rights. You acknowledge and agree that any unauthorized use of the Intellectual Property Rights is a violation of this Agreement and – provided that the statutory prerequisites are fulfilled - might be subject to criminal sanctions.

5.2. You agree that all Intellectual Property Rights in and to any Content that may be accessed through use of the Services, are exclusively held by the respective rightholders, in particular regarding the Content displayed via the Video Player. You acknowledge and agree that any unauthorized use of the Content displayed via the Video Player is a violation of the rights of the Video Player Rights’ Owner and of this Agreement and – provided that the statutory prerequisites are fulfilled - might be subject to criminal sanctions.

6. Warranties and remedies

6.1. The Services are provided essentially corresponding to the specifications (such as product or service descriptions) published by INVIBES ADVERTISING.
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6.2. To the maximum extent permitted pursuant to applicable law INVIBES ADVERTISING expressly disclaims all warranties, guarantees, claims or representations, express or implied with respect to the Licensed Website, its Services and the Content offered via its Platform, including, without limitation fitness for a particular purpose. Nothing in this Agreement represents or warrants that the Licensed Website will always and continuously be accessible, uninterrupted, secure, complete or error-free, or will operate without data loss, nor does INVIBES ADVERTISING warrant any connection to or transmission from the Internet, or any quality of transmissions of data made through the Licensed Website.

6.3. To the maximum extent permitted pursuant to applicable law You acknowledge that You bear the risk arising out of the use or the performance of the Services. You expressly recognize that INVIBES ADVERTISING has no general obligation of control over the Content available via its Platform.
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6.4. Your only recourse with respect to any problems with the Licensed Website is to cease accessing the Services. Moreover, if You happen to encounter any problems with the use of and/or access to the Services, then it is Your responsibility to immediately notify INVIBES ADVERTISING as soon as reasonably possible at: support@invibes.com.

7. Liability

7.1. In case of intent or gross negligence on our part or by our agents or assistants in performance for the Services we are liable according to the provisions of applicable law; the same applies in case of breach of material contractual obligations. To the extent a breach of contract is unintentionally our liability for damages shall be limited to the typically foreseeable damage.
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7.2. However, we shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal and authorized use of the Services. Furthermore, our liability shall be excluded for damages resulting out of a loss of data to the extent that data recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. These limitations shall not apply in case of intent.
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7.3. Any liability not expressly provided for above shall be disclaimed.
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7.4. Our liability for culpable damage to life, body or health as well as our liability under any specific Product Liability Act the country you are using this program from or where your business is situated has shall remain unaffected.

8. Contracting party, choice of law and location for resolving disputes

8.1. If you are using the Program from, or if your business is in Europe, except for France, Spain, Germany, Switzerland, Italy, Belgium, the United Kingdom, the Netherlands, the Czech Republic, Poland, Sweden, Norway or Denmark, you're contracting with INVIBES ADVERTISING NV, a private company incorporated under the laws of Belgium (0836.533.938) having its registered office and principal place of business at Reigerstraat 8, 9000 Ghent, Belgium and this Agreement is governed by Belgian law, except for its conflict of law principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after a dispute notification, the claim or dispute shall be decided exclusively by the courts of Ghent, Belgium, having subject matter jurisdiction.
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8.2. If you are using the Program from, or if your business is in France, you're contracting with INVIBES ADVERTISING SAS, a private company incorporated under the laws of France (537 450 140 R.C.S. PARIS) having its registered office and principal place of business at 24 rue des Petites Ecuries, 75010 Paris, France and this Agreement is governed by French law, except for its conflict of law principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after a dispute notification, the claim or dispute shall be decided exclusively by the courts of Paris, France, having subject matter jurisdiction.
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8.3. If you are using the Program from or if your business is in Spain you're contracting with INVIBES SPAIN SL, a private company incorporated under the laws of Spain having its registered office and principal place of business at C/ Pez Volador n°32, 28007 Madrid, Spain and this Agreement is governed by Spanish law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Madrid, Spain, having subject matter jurisdiction.
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8.4. If you are using the Program from or if your business is in Germany you're contracting with INVIBES ADVERTISING AG, a private company incorporated under the laws of Germany having its registered office and principal place of business at Theatiner Str. 45, 80333 München, Germany and this Agreement is governed by German law, except for its conflict of laws principles. This Agreement is exclusively governed by German law without prejudice to any mandatory conflict of laws provisions. The provisions of the UN Convention on the International Sale of Goods (CISG) shall not apply. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Germany, having subject matter jurisdiction.

8.5. If you are using the Program from or if your business is in Switzerland you're contracting with INVIBES SWITZERLAND AG, a private company incorporated under the laws of Switzerland having its registered office and principal place of business at Langstrasse 11, 8004 Zürich, Switzerland and this Agreement is governed by Swiss law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Switzerland, having subject matter jurisdiction.

8.6. If you are using the Program from or if your business is in Italy you're contracting with INVIBES ITALY SRL, a private company incorporated under the laws of Italy having its registered office and principal place of business at Via Giosue Carducci 31, Milan, Italy and this Agreement is governed by Italian law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Italy, having subject matter jurisdiction.

8.7. If you are using the Program from or if your business is in the United Kingdom you're contracting with INVIBES advertising UK LTD, a private company incorporated under the laws of the United Kingdom having its registered office and principal place of business at 5 Underwood Street, London, United Kingdom, N1 7LY and this Agreement is governed by the law of the United Kingdom, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of the United Kingdom, having subject matter jurisdiction.

8.8. If you are using the Program from or if your business is in Belgium you're contracting with INVIBES Benelux BV, a private company incorporated under the laws of Belgium having its registered office and principal place of business at Prins Boudewijnlaan 5 Bus 10, 2550 Kontich, Belgium, and this Agreement is governed by the law Belgium, except for its conflict of laws principles. In any claim or dispute between You and INVIBES Benelux BV that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Belgium, having subject matter jurisdiction.

8.9. If you are using the Program from or if your business is in the Netherlands, you're contracting with INVIBES NETHERLANDS BV, a private company incorporated under the laws of the Netherlands having its registered office and principal place of business at KNSM-laan 171, 1019LC Amsterdam, Netherlands, and this Agreement is governed by Dutch law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES NETHERLANDS BV that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Amsterdam, Netherlands, having subject matter jurisdiction.

8.10. If you are using the Program from or if your business is in the Czech Republic, you're contracting with INVIBES ADVERTISING CZECH REPUBLIC, a private company incorporated under the laws of the Czech Republic having its registered office and principal place of business at Ovocny trh 1096/8, stare Mesto, 11000 Prague, Czech Republic, and this Agreement is governed by Czech law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING CZECH REPUBLIC that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Prague, Czech Republic, having subject matter jurisdiction.

8.11. If you are using the Program from or if your business is in Poland, you're contracting with INVIBES POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a private company incorporated under the laws of Poland having its registered office and principal place of business at Ul. Przyokopowa 33 01-208 Warsaw, Poland, and this Agreement is governed by Polish law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Warsaw, Poland, having subject matter jurisdiction.

8.12. If you are using the Program from or if your business is in Sweden, you're contracting with INVIBES NORDICS AB, a private company incorporated under the laws of Sweden having its registered office and principal place of business at c/o Leinonen, Sankt Eriksgatan 63B, 112 34, Stockholm, Sweden, and this Agreement is governed by Swedish law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES NORDICS AB that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Stockholm, Sweden, having subject matter jurisdiction.
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8.13. If you are using the Program from or if your business is in Norway, you're contracting with INVIBES NORWAY AS., a private company incorporated under the laws of Norway having its registered office and principal place of business at Arbins Gate 4, 0253 Oslo, Norway, and this Agreement is governed by Norwegian law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES NORWAY AS. that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Oslo, Norway, having subject matter jurisdiction.
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8.14. If you are using the Program from or if your business is in Denmark, you're contracting with INVIBES DENMARK APS, a private company incorporated under the laws of Denmark having its registered office and principal place of business at c/o Baker Tilly Revisionspartnerselsk., Poul Bundgaards Vej 1, 1, 2500 Valby, Denmark, and this Agreement is governed by Danish law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES DENMARK APS that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Copenhagen, Denmark, having subject matter jurisdiction.
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8.15. If you are using the Program from or if your business is outside Europe, except for the United Arab Emirates and South Africa, you're contracting with INVIBES ADVERTISING INC, USA, a private company incorporated under the laws of New York having its registered office and principal place of business at 1177 Avenue of the Americas, 7th floor, New York, NY 10036, and this Agreement is governed by New York law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of the State of New York, USA, having subject matter jurisdiction.
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8.16. If you are using the Program from or if your business is in the United Arab Emirates (UAE), you're contracting with INVIBES ADVERTISING FZ-LLC, a private company incorporated under the laws of the UAE having its registered office and principal place of business at SEO100 BLDG 08-CO Work, Dubai Media City, UAE, and this Agreement is governed by Emirati law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING FZ-LLC that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Dubai, UAE, having subject matter jurisdiction.
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8.17. If you are using the Program from or if your business is in South Africa, you're contracting with INVIBES ADVERTISING SOUTH AFRICA LTD, a private company incorporated under the laws of South Africa having its registered office and principal place of business at 10 Buffalo Road, Gallo Manor Sandton, 2196 Gauteng, South Africa, and this Agreement is governed by South African law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING SOUTH AFRICA LTD that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of South Africa, having subject matter jurisdiction.

9. General legal provisions

9.1. INVIBES ADVERTISING reserves the right to terminate the provision of Services at any time and for any reason, without prior notice.
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9.2. If any provision of this Agreement is deemed invalid or unenforceable by a Court with proper jurisdiction or any competent administrative body, the invalidity of such provision shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.
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9.3. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and INVIBES ADVERTISING’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
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9.4. If INVIBES ADVERTISING provides the Agreement in any other language, this will be only for commercial expediency. The English language Agreement is the only valid and acceptable Agreement.
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9.5. INVIBES ADVERTISING reserves the right to amend this Agreement at any time and without notice, and it is Your responsibility to review this Agreement regularly. Your use of the Services following any amendment of this Agreement will signify Your assent to and acceptance of its revised terms.

10. Privacy policy

GENERAL RULES
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INVIBES ADVERTISING is committed to protect and safeguard your personal data. INVIBES ADVERTISING has taken all necessary steps to comply with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council dated April 27, 2016 and applicable as of May 25, 2018 (the “GDPR“). INVIBES ADVERTISING, when applicable, also adheres to the fullest extent to the IAB Europe’s GDPR Transparency & Consent Framework 2.0.
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When giving consent You give consent to all companies of the Invibes group which consists of all Invibes companies who are controlled, directly or indirectly, by Invibes advertising NV, having its registered office at Reigerstraat 8, 9000 Ghent, Belgium and with enterprise number BE0836.533.938. A list of companies which are part of the group can be found here.
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This policy only addresses INVIBES ADVERTISING’s activities to the exclusion of any other third-party websites’ activity.
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INVIBES ADVERTISING has appointed a data protection officer (DPO) in accordance with Article 37 of the European Data Protection Regulation and can be contacted if needed under the following contact details: Email: dpo@invibes.com.
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INVIBES ADVERTISING is a Belgian company and falls within the competence of the Belgian Privacy Authority.
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10.1 WHAT DATA CAN WE PROCESS OF YOU
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This privacy policy sets forth the use and disclosure of the data that is collected on the Licensed Website and is a condition of Your use and access to the Licensed Website. If you have any concerns or questions please contact INVIBES ADVERTISING DPO at: dpo@invibes.com.
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- To delete all your data, including cookies that are stored on Your browser, and delete all your past data history from domains used by INVIBES ADVERTISING to collect statistical data and that are directly owned and operated by INVIBES ADVERTISING: