Terms of Service
Last Updated: September 19, 2022
Slickstream.com and the Slickstream service are operated by CMI Marketing, Inc. d/b/a CafeMedia. (“we” or “us”). These Terms of Service apply to the person or entity that enrolls to use the Slickstream service on its website or other online properties (“Publisher” or “you”). You agree to be bound by these Terms of Service and to use the Slickstream service in accordance with these Terms of Service. Accessing the Slickstream service, in any manner, whether automated or otherwise, constitutes your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Slickstream service, from time to time, in which case we will post the revised Terms of Service on this website and update the "Last Updated" date to reflect the date of the changes. By continuing to use the Site after we post any such changes or notify you of any material changes, you accept the Terms of Service, as modified.
Slickstream allows online content creators to increase engagement with their online visitors. We help increase engagement in a variety of ways -- through components ("widgets") that publishers can add to their site, through analytics that help explain visitor behavior, and through facilitating visitor communities. Publishers can enroll for the Slickstream service by visiting this site (slickstream.com) and, after authenticating, can configure and monitor activity about our service for their site(s). If you are a Client of our AdThrive services, then in the event of any conflict between the AdThrive Service Agreement and these Terms of Service, the AdThrive Service Agreement shall govern to the extent applicable.
The Slickstream service is primarily a "cloud" solution. Publishers add an embed code into their website that allows us to participate within the browser context as each visitor views webpages on the publisher's site. Our scripts communicate with our cloud servers to record certain information and to present the appropriate information to the visitor. Our cloud servers inventory ("crawl") all of the content on the publisher's site in order to have a complete picture to present to visitors.
Eligibility. We do not offer our services to all Publishers. We reserve the right to choose not to offer the Slickstream service to anyone, in our sole discretion.
Termination. Either party (we or Publisher) may terminate services at any time for any reason.
Disclaimers. We make the Slickstream service available for use “as is”, and any use thereof will be undertaken solely at Publisher’s own risk. We reserve the right, in our sole discretion, to change or cease providing the Slickstream service at any time (subject to notice as may be required herein). We do not give any warranties or otherwise promise that the Slickstream service will be of satisfactory quality, or that the Slickstream service will be fit for any particular purpose.
Use of Content and Data. To provide the Slickstream service, we need to extract and store on our servers some of the content from the Publisher's site. This includes images, text, and metadata. This information is used only for the purpose of providing the Slickstream service. We will render some of this content (e.g., thumbnail images, search results, etc.) directly from our servers, but only as part of the Slickstream service.
Indemnification. Publisher agree to defend, hold harmless and indemnify us, and our affiliated companies, and each of their officers, directors, employees, agents, licensees (collectively, the “CafeMedia Indemnitees”) from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) relating to or arising out of or from (a) Publisher’s use or inability to use the Slickstream services; (b) Publisher’s violation of these Terms of Service, or (c) Publisher’s violation of any applicable laws, rules or regulations.
Limitation of Liability. NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SLICKSTREAM SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY. In any event, our total cumulative liability to Publisher for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement will not exceed $100.
Language. This Agreement shall be executed in the English language. If there is any discrepancy between the provisions of the English and another other language version of this Agreement, the provisions of the English version shall prevail and be used in interpreting this Agreement in all cases, and the provisions of any other language version shall not affect the interpretation of this Agreement.
Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflicts of laws provisions thereof. Any claims, legal proceeding or litigation arising in connection with the Agreement will be brought solely in the federal or state courts located in the borough of Manhattan, New York, and Publisher consents to the jurisdiction of such courts. PUBLISHER WAIVES ANY RIGHT TO LITIGATE ANY CLAIM ARISING UNDER THESE TERMS OF SERVICE OR RELATING TO THE SLICKSTREAM SERVICES ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER PUBLISHERS, OR ANY OTHER PERSONS. Neither party’s waiver of any default is a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties’ intention, and remaining provisions of these Terms of Service will remain in full effect. Publisher may not assign any of Publisher’s rights hereunder and any such attempt is void (except to Publisher’s successor in the event of Publisher’s merger, acquisition or sale of all or substantially all or Publisher’s assets). We and Publisher are not legal partners or agents, but are independent contractors. Notwithstanding termination of this Agreement, the terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the parties hereunder shall survive and continue in effect.