Terms of Service

What personal information do we collect from the people that visit our blog, website or app?

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2014.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Grabit Systems, also known as Grabit, located at 4508 Finch Street, Mukilteo, Washington 98275, and our subsidiaries and affiliates, in association with the use of the Grabit website, which includes http://grabitsystems.net (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is video service which has the following description:A New Way to Monetize Engagement With VideoAny and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Grabit Systems At its discretion, Grabit Systems may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Grabit Systems does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member acknowledge, accept and agree that Grabit Systems shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.Furthermore, the user and/or memberunderstands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Grabit Systems shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

REGISTRATION

To register and become a “member” of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Grabit’s Services under the laws and statutes of the United States or other applicable jurisdiction.Furthermore, the registering party hereby acknowledges, understands and agrees to:a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, andb) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Grabit Systems will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Grabit Systems Services, or any portion thereof.It is Grabit Systems’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Grabit website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age‑appropriate for his/her child.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Grabit Systems immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Grabit Systems shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT

As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of Grabit Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Grabit.Furthermore, you herein agree not to make use of Grabit Systems’s Services for the purpose of:a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;b) causing harm to minors in any manner whatsoever;c) impersonating any individual or entity, including, but not limited to, any Grabit officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;j) interfering with or disrupting any Grabit Systems Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;m) “stalking” or with the intent to otherwise harass another individual; and/orn) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.Grabit Systems herein reserves the right to pre‑screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.Grabit Systems herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:a) compliance with any legal process;b) enforcement of the TOS;c) responding to any claim that therein contained content is in violation of the rights of any third party;d) responding to requests for customer service; ore) protecting the rights, property or the personal safety of Grabit Systems, its visitors, users and members, including the general public.Grabit Systems herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Grabit Systems or any other content providers supplying content services to Grabit Systems. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource‑center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export‑prohibited country identified in applicable export and import laws and regulations;b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export‑prohibited country;c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Grabit Systems shall not lay claim to ownership of any content submitted by any visitor, member or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Grabit Systems the below listed worldwide, royalty‑free and non‑exclusive licenses, as applicable:a) The content submitted or made available for inclusion on the publicly accessible areas of Grabit Systems’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Grabit Systems’s sites, and shall terminate at such time when you elect to discontinue your membership.b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Grabit Systems’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Grabit Systems’s sites and shall terminate at such time when you elect to discontinue your membership.c) For any other content submitted or made available for inclusion on the publicly accessible areas of Grabit Systems’s sites, the continuous, binding and completely sub‑licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.Those areas which may be deemed “publicly accessible” areas of Grabit Systems’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both visitors and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

CONTRIBUTIONS TO COMPANY WEBSITE

Grabit Systems provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:a) your Contributions do not contain any type of confidential or proprietary information;b) Grabit shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;c) Grabit shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;d) the contributor’s Contributions shall automatically become the sole property of Grabit; ande) Grabit is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users and/or members herein agree to insure and hold Grabit Systems, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Grabit Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Grabit’s sites.

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that Grabit Systems may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Grabit Systems, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Grabit Systems’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Grabit Systems has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Grabit Systems shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

MODIFICATIONS

Grabit Systems shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

TERMINATION

As a member of http://grabitsystems.net, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to webmaster@grabitsystems.com.As a member, you agree that Grabit Systems may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;b) by way of requests from law enforcement or any other governmental agencies;c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;d) unexpected technical or security issues and/or problems;e) any extended periods of inactivity;f) any engagement by you in any fraudulent or illegal activities; and/org) the nonpayment of any associated fees that may be owed by you in connection with your http://grabitsystems.net account Services.Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.The termination of your account with http://grabitsystems.net shall include any and/or all of the following:a) the removal of any access to all or part of the Services offered within http://grabitsystems.net;b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; andc) the barring of any further use of all or part of our Services.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Grabit Systems shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

LINKS

Either Grabit Systems or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Grabit Systems shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Grabit Systems’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Grabit Systems or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Grabit Systems Services (e.g. Content or Software), in whole or part.Grabit Systems herein has granted you personal, non‑transferable and non‑exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Grabit Systems for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:a) THE USE OF GRABIT SYSTEMS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. GRABIT SYSTEMS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT.b) GRABIT SYSTEMS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) GRABIT SYSTEMS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) GRABIT SYSTEMS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR‑FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE GRABIT SYSTEMS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF GRABIT SYSTEMS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM GRABIT SYSTEMS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT GRABIT SYSTEMS AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:a) THE USE OR INABILITY TO USE OUR SERVICE;b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Grabit Systems’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Grabit Systems and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third‑party beneficiaries to this agreement.

NOTICE

Grabit Systems may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Grabit Systems trademarks, copyright, trade name, service marks, and other Grabit Systems logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Grabit Systems. You herein agree not to display and/or use in any manner the Grabit Systems logo or marks.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Grabit Systems will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, Grabit Systems may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) The physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Grabit Systems Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

Grabit SystemsAttn: Copyright Agent4508 Finch StreetMukilteo, Washington 98275

Telephone:

818‑909‑9066

Email:

Sales@GrabitSystems.com

CLOSED CAPTIONING

BE IT KNOWN, that Grabit Systems complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at http://grabitsystems.net.

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Grabit Systems and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Grabit Systems Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Grabit Systems Services, affiliate Services, third‑party content or third‑party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Grabit Systems with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Grabit Systems, shall be filed within the courts having jurisdiction within the County of Los Angeles County, California or the U.S. District Court located in said state. You and Grabit Systems agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Grabit Systems fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON‑TRANSFERABILITY

You acknowledge, understand and agree that your account is non‑transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to Grabit Systems as follows:

Mailing Address:Grabit SystemsAttn: Copyright Agent4508 Finch StreetMukilteo, Washington 98275

Telephone: 818‑909‑9066

Email: Sales@GrabitSystems.com

Get in Touch

Contact
Rich Kentopp
VP, Product Management

After his career of being a pastor and touring musician, Rich started his technology career almost a decade ago with many of the KERV leadership at Lin Digital. Since then he has been a Product leader at three different scaling startups, learning how to build valuable products with teams who love to work together.

Devin Monds
Head of EMEA Sales

Devin is a dedicated and experienced media sales professional with over 15 years in the digital media space in both North America and EMEA. He most recently headed up the International Team at Adludio, the premier advertising platform for delivering strong creative on mobile devices. Prior to his role at Adludio, Devin worked on the Global Brand Partnerships team at CAA Sports in London, and was International Sales Director at LoopMe where he built out the US West Coast Sales Team from Los Angeles. With a proven track record of new business development and revenue generation, Devin has a multitude of solid relationships with brands and agencies, globally.

He relishes the opportunity to engage with new clients on a daily basis, in order to identify tailored solutions that can drive their desired outcomes. Furthermore, he takes pride in his culinary skills, often experimenting with new recipes and delivering delectable results.






    Brad Quinn
    SVP, Enterprise & Publisher Partnerships

    Brad Quinn is the SVP, Enterprise & Publisher Partnerships based out of our NYC office. He has over 15 years of experience across Agencies, Publishers and Tech. At KERV, Brad leads the Partnerships team focused on content providers and distributors. He integrates KERV’s tech capabilities across ads and content to create a real‑time interactive/shoppable experience.

    David Knight
    VP, Engineering

    Before joining KERV in 2018, David Knight spent over 31 years building software products for large corporations like IBM and Schlumberger, 3-person “garage” startups and everything in between. He’s spent the last 15 years discovering and refining the tools, development process, and necessary culture that create great Engineering teams capable of meeting the special demands of technology driven startups.

    Dan Bloomfield
    VP, Technical Ad Operations

    After spending time living in New York and working for NBC Universal’s first digital operations team Daniel moved to Austin in 2009 to further pursue ad tech. During the next decade, he built a career working on interactive video first for Sizmek and then Nexstar. He immediately jumped at the idea to work for KERV and was one of the first to join the company in 2017.

    Creed Pettit
    SVP, Head of Partnerships

    Creed Pettit is an entrepreneurial sales executive offering experience in all aspects of solutions selling, team management, negotiation, organizational leadership, go-to-market strategies and momentum driven models. Prior to joining KERV, Creed served as Media & Entertainment Vertical Sales Leader, Global Business Solutions at TikTok.

    Karen Germ
    VP of Marketing

    Karen Germ is a seasoned marketing and communications professional with a nearly 15‑year history serving in leadership roles across the advertising and technology landscape. Most recently, Karen served as OAAA’s VP of Marketing where she implemented industry leading initiatives to elevate and promote the power of OOH for advertisers, agencies, partners and consumers. 

    Ryan Schoenfeld
    VP, Technical Partnerships

    Ryan Schoenfeld’s career started as an intern at a smaller digital media agency while attending the University of Texas. Since then, he has spent over 15 years working in the programmatic advertising/video space.

    Bill Roberson
    VP, Creative Strategy & Design

    Bill Roberson has worked in the digital space for over 17 years, spanning Media Buying, Ad Operations, Analytics and Optimization, Account Management and now Creative.

    Grant Gorton
    VP, UX & Design

    Grant has been with KERV as VP of Creative for over 5 years, and has worked as a designer and creative director at agencies and media companies for the last 17 years.

    Michael Fleischman
    Chief Financial Officer

    Michael is currently the CFO of KERV Interactive in addition to being an Executive in Residence at Progress Partners, a Merchant Investment Bank and Venture Fund. A seasoned C-Suite executive with a broad array of expertise in Accounting, Financial Planning, M&A, Board Governance and External Commercial Banking and Private Equity Relationships.

    Prior to KERV Interactive Michael was the CFO and current Board Member at Digital Remedy, a privately held media execution company supporting agencies, publishers, and brands in navigating the complex ad tech landscape of digital success.

    Prior to Digital Remedy Michael spent 20 years at Cablevision and Rainbow Media Holdings
    during which he was instrumental in the launch and management of multiple Regional sports networks and a number of National Cable Networks including American Movie Classics (AMC), Bravo, The Independent Film Channel as well as the structuring of partnerships with companies including Liberty Media, NBC, Fox/NewsCorp, and MGM.

    Additionally, Michael played lead finance role in the acquisition of a number of professional sports teams including Madison Square Garden, the successful IPO of Cablevision, and a tracking stock at Rainbow Media. Michael was also involved in the creation and successful launch of Rainbow Advertising Sales, one of the cable industry’s first local advertising sales rep firms and has married his linear experience with a robust understanding of the intricacies of new media, creating a unique skill-set.

    A native of the New York City area, Michael resides with his wife where he enjoys biking, tennis and spending time with his wife and three adult children.

    Taylor Pate
    Chief Technology Officer

    Taylor Pate is the CTO at KERV Interactive, with over 16 years of experience in the advertising and creative industry, known among his peers as a technical and creative powerhouse.

    Taylor’s career began in 2008 as an animator and art director, specializing in the design and production of interactive art. He created 3D illustrations for advertisers such as HP and Dell, and developed 3D animations and tools for top video game series including Club Penguin and The Sims.

    Transitioning to focus on automation, e-commerce, and software development, Taylor joined LIN Digital in Austin, Texas. Over five years, he built a powerful framework to automate the production of thousands of rich media ads annually, developed high-performance ads for major brands, and led the engineering of PHNX, the company’s order management system that processed millions of dollars in ad campaigns monthly. He concluded his tenure at Nexstar Digital as Director of Engineering, leading a team of over 16 engineers and product managers before taking on his current role at KERV Interactive.

    Jay Wolff
    Chief Revenue Officer

    Jay Wolff is currently the Chief Revenue Officer at KERV Interactive, leading global revenue and partnerships. In addition to KERV, Jay is the President of 212NYC, New York’s leading organization for the digital advertising and the media industry. 212NYC’s mission is to build a better advertising industry by providing the programming, tools, and thought leadership to help move the industry forward.

    Jay’s expertise in scaling significant revenue and partner growth in the advertising industry spans 20 years. Most recently, Jay served as Chief Revenue Officer of Varick Media, and Chief Growth Officer at Boostr, the first end-to-end SaaS revenue management system for media companies. Previously, as Regional Vice President of SambaTV, Wolff built the revenue organization and east coast market from the ground up to $100M in revenue. Jay has been tapped for industry thought leadership and panel participation by the likes of Mediapost, Ad Age, and Digiday. 

    Prior to joining SambaTV, Wolff served as Vice President of agency and brand partnerships at PulsePoint; instrumental to the merger of ContextWeb and Datran Media.

    Originally from Armonk, NY, Jay holds a BS in Marketing from Syracuse University and a Certificate of Management from the University of Chicago. Jay resides in Rye Brook, NY with his wife, darling daughter, Olivia, and newborn son, Logan.

    Dan Bienenfeld
    President

    Dan Bienenfeld is currently the Co-Founder and President of KERV Interactive and a seasoned serial entrepreneur who has built startups for more than 35 years. Before joining KERV he has founded seven startups and architected successful exits for a number of them. For four years, he served as CEO of TimeCard Specialists, which created a cutting-edge time attendance software app that streamlined payroll for union members in the TV, film, and commercial industries. TimeCard Specialists was sold in 2016.

    Before that, he was CEO of Total Vision Care for nearly eight years. Total Vision Care built one of the largest mobile diagnostic services in eye care. This service provided ophthalmologists & optometrists with state of the art equipment and licensed technicians right in their own practice to diagnose various eye diseases.

    Gary Mittman
    Chief Executive Officer

    Gary Mittman is currently the Co-Founder and CEO of KERV Interactive and brings more than 30 years in technology and direct marketing, as well as substantial experience in building startups to exit with creativity and agile development. Before joining KERV he held numerous top-ranking leadership roles; Founder & President of Nami Media (which was acquired by Lin/Nexstar Media Group), CEO & Founder of Marina Communications (also acquired), and Vice President of New Business Development – Direct Response at Western International Media leading the team in the new frontier of Infomercials.

    Gary brings a decade of experience in the entertainment industry, including managing all tier one acts booking for New York City’s premiere performance nightclub “The Ritz” as its Executive Manager and Booking Agent, Executive Producer of the first MTV concert series “Live At The Ritz”, a Professional Manager at Chappell Music Publishing, and started out as an Assistant to legendary Clive Davis at Arista Records.

    Andi Fenster
    CPO

    Andi Fenster went into the profession of Human Resources 30 years ago, because she believed from a young age that the way you treat your employees is what you get out of them. Her goal as an HR professional has been to help create the type of work environments that inspire folks to want to come to work. She is also a Management/Leadership/Career Coach and her focus is optimizing humans focusing on the mind‑body connection. 

    “We, each, have tremendous potential and the abilities to level‑up if we choose to understand how to get the support we need to get us there. Helping talent thrive and helping them create success is my reason for doing what I do.”

    Marika Roque
    Chief Innovation Officer

    Marika Roque is currently in her second year as the Chief Innovation Officer at KERV Interactive, following four years as the company’s Chief Operating Officer. She is recognized for her expertise in digital media, data, and organizational infrastructures, with over 15 years of professional leadership experience. Prior to joining KERV, Marika worked as the Vice President of Digital Operations for Mass², a division of the multi-billion-dollar corporation Nexstar Digital LLC. Before that, she served as Vice President of Digital Media & Activation at LIN Digital and Nexstar, leading several departments while advising leadership on digital strategy during multiple acquisitions, including Media General, LKQD, Yashi, Dedicated Media, Federated Media, etc..

    Marika has held senior-level positions with leading agency and digital technology teams in Austin, Texas, including Sizmek and GSD&M, a subsidiary of the Omnicom Group. She also spent several years in Chicago working for FCB Global and Starcom MediaVest Group, a division of the Publicis Groupe. At Starcom, she played a key role in creating the first agency-side programmatic pipelines, contributing to what the industry now refers to as an agency trading desk. Her extensive experience in programmatic advertising dates back to its inception. She also worked on global client strategy and activation for brands like Newell Rubbermaid and their subsidiaries, including Paper Mate and Sharpie, as well as Microsoft B2B. 

    Marika holds a bachelor’s degree in advertising from The University of Texas at Austin, where she was also a Division I collegiate athlete. Hook ’em.