Terms of Service

Dolphin provides retail-media, digital out-of-home advertising, audience-intelligence, campaign-management, measurement, analytics and related technology services.

The information presented on this website is intended to provide a general overview of Dolphin and its services. Specific services may be governed by separate contracts, insertion orders, statements of work or other written agreements.

If there is a conflict between these Terms and a separate written agreement signed by Dolphin, the separate agreement will control for the services covered by that agreement.

You must be at least 18 years old and legally capable of entering into a binding agreement to use this website.

When using the website on behalf of a business or organization, you represent that you have the authority to act on behalf of that organization.

You may use this website only for lawful business and informational purposes.

You may not:

• Use the website for any illegal or unauthorized purpose;
• Attempt to gain unauthorized access to the website, servers or connected systems;
• Introduce viruses, malicious code or other harmful technology;
• Interfere with the security, availability or operation of the website;
• Scrape, copy or extract website content through unauthorized automated methods;
• Misrepresent your identity, company or affiliation;
• Violate the intellectual-property, privacy or legal rights of another party;
• Use website information to send spam or unauthorized communications; or
• Use the website in a manner that could damage Dolphin or another person or organization.

We may restrict or terminate access to the website if we reasonably believe these Terms have been violated.

You may provide information to Dolphin through contact forms, meeting requests, email communications or other website features.

You agree that the information you submit will be accurate, current and lawfully provided.

You must not submit confidential, sensitive or proprietary information through the website unless Dolphin has specifically requested it or an appropriate agreement is already in place.

Our collection and use of personal information is described in our Privacy Policy.

The website and its content are owned by Dolphin or its licensors and are protected by applicable intellectual-property laws.

This includes, without limitation:

• Text and written materials;
• Website design and layout;
• Graphics, photographs and videos;
• Software and website functionality;
• Reports, data visualizations and demonstrations;
• Trademarks, service marks, names and logos; and
• Proprietary technology and documentation.

You may view and use the website for legitimate informational and business purposes.

You may not reproduce, modify, publish, distribute, sell, license or commercially exploit website content without Dolphin's prior written permission.

“Dolphin,” the Dolphin logo and related branding may not be used without prior written authorization.

The website may include links to or integrations with third-party websites, platforms and services.

These links are provided for convenience and do not necessarily represent Dolphin's endorsement of the third party.

Dolphin does not control and is not responsible for the availability, content, security, accuracy or privacy practices of third-party websites or services.

Your use of third-party services is governed by the terms and policies of those providers.

We make reasonable efforts to keep the information on this website accurate and current. However, we do not guarantee that all information will always be complete, accurate or up to date.

Information concerning screen availability, network size, audience reach, impressions, campaign performance, service capabilities and other metrics may include estimates, modeled information or data that changes over time.

Website content is provided for general informational purposes and should not be treated as a binding offer, guarantee or contractual commitment unless expressly stated in a written agreement signed by Dolphin.

Any campaign forecasts, audience estimates, impression estimates, performance projections or examples displayed on the website are provided for informational purposes only.

Actual campaign results may vary based on factors including:

• Inventory availability;
• Campaign duration and targeting;
• Venue and screen availability;
• Audience behavior;
• Network connectivity;
• Creative content;
• Third-party technology; and
• Market conditions.

Specific campaign commitments, pricing, delivery requirements, cancellation terms and performance obligations will be governed by the applicable insertion order or written customer agreement.

Your use of the website is also subject to our Privacy Policy, which explains how Dolphin may collect, use, retain and share personal information.

The Privacy Policy is separate from these Terms and should be reviewed before submitting personal information through the website.

To the maximum extent permitted by law, this website and its content are provided on an “as is” and “as available” basis.

Dolphin does not guarantee that:

• The website will always be available, secure or error-free;
• All website information will be completely accurate or current;
• Website defects will always be corrected immediately; or
• Use of the website will produce any particular business or advertising result.

Dolphin disclaims all warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Nothing in these Terms excludes any warranty or right that cannot legally be excluded.

To the maximum extent permitted by law, Dolphin and its directors, officers, employees, affiliates, contractors and service providers will not be liable for indirect, incidental, special, punitive or consequential damages arising from your use of, or inability to use, the website.

This includes loss of profits, revenue, data, business opportunities, goodwill or anticipated savings.

Dolphin will not be responsible for damages caused by third-party websites, services, systems or content outside Dolphin's reasonable control.

Where liability cannot legally be excluded, Dolphin's liability will be limited to the maximum extent permitted by law.

Liability relating to paid services will be governed by the applicable written customer agreement.

To the extent permitted by law, you agree to indemnify and hold harmless Dolphin and its directors, officers, employees, affiliates and service providers from third-party claims, damages, losses and reasonable legal expenses arising from:

• Your violation of these Terms;
• Your unlawful or unauthorized use of the website;
• Information or materials you submit through the website; or
• Your violation of another party's rights.

Dolphin may update, modify, suspend or discontinue any part of the website without prior notice.

We do not guarantee that any website content, feature or service will remain available permanently.

We may update these Terms periodically to reflect changes to our website, services, business practices or legal requirements.

Your continued use of the website after updated Terms become effective means that you accept the revised Terms.

We may restrict or terminate your access to the website if you violate these Terms, misuse the website or create a legal, operational or security risk.

Provisions concerning intellectual property, disclaimers, liability, indemnification and governing law will continue to apply after termination.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles.

Unless otherwise required by law or provided in a separate written agreement, any dispute relating to these Terms or the website will be brought in the appropriate state or federal courts located in Carrollton, Texas.

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The remaining provisions will remain valid and enforceable.

These Terms and our Privacy Policy constitute the agreement between you and Dolphin regarding general use of this website.

These Terms do not replace any separate customer, vendor, campaign, partnership or service agreement signed by Dolphin.

Questions regarding these Terms may be directed to: