1. This is a Legal Agreement
This Terms of Service (“Terms”) is a prison settlement among you and the Media7 Group LLC (“Media7”, “we” or “us”) governing your get entry to to and use of the websites and online services that Media7 operates and that hyperlink to those Terms, which includes, without dilemma, the Media7 Content and User Content and any Subscription Services (together, the “Services”). Please examine the Terms carefully earlier than using the Services. Do now not use the Services in case you do no longer be given the Terms. Media7 may additionally exchange or adjust the Services or the Terms at any time. Such changes, revisions, or changes will be effective immediately upon being published in relation to the Services. You represent which you are as a minimum 18 years old, and that every one records you put up is accurate.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 10), DISCLAIMERS OF LIABILITY AND AN EXCLUSIVE REMEDY (SECTION 11), AS WELL AS INFORMATION ABOUT CERTAIN LIMITATIONS ON YOUR ABILITY TO BRING A CLAIM AGAINST US (SECTION sixteen).
2. Prohibited Content and Activities
You might not get right of entry to or use, or try to get right of entry to or use, the Services to take any action that could damage us or any man or woman or entity (a “man or woman”), intrude with the operation of the Services, or use the Services in a manner that violates any and all applicable local, nation, country wide and global laws and regulations and treaties. For instance, and with out hindrance, you can no longer:
• Impersonate any individual or falsely country or in any other case misrepresent your credentials, affiliation with any character, or the origin of any records you provide, or permit or in any other case enable unauthorized users to get entry to and/or use the Service;
• Sell, reproduction, reproduction, lease, lease, loan, distribute, switch, or sublicense the Service, or otherwise allow any 1/3 birthday celebration to use or have get right of entry to to the Service for any reason (besides as expressly authorized through us in writing) or decompile, opposite engineer, disassemble, alter, create a by-product paintings of, display in human readable shape, try and find out any supply code, or in any other case use any software that enables or accommodates any a part of the Service; Exploit the Service or collect any records integrated in the Service in any automatic way via the usage of bots, metaspiders, crawlers or any other automatic means;
• Use the Service to export software or facts in violation of relevant U.S. legal guidelines or regulations;
• Obtain or try to benefit unauthorized get entry to to other laptop systems, substances, information or any offerings to be had on or via the Services;
• Use any tool, software, or ordinary to intrude or try and interfere with the right working of the Services or any pastime performed on the Services or try to probe, scan, check the vulnerability of, or breach the safety of any gadget, device or community;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or in any other case regulate or intrude with (or strive, inspire, or assist all people else’s try to have interaction in such activities) any of the software comprising or in any way making up part of the Services. The use or distribution of gear designed for compromising protection (e.g., password guessing packages, cracking equipment or community probing equipment) is precisely prohibited;
• Take any movement that imposes an unreasonable or disproportionately big load on our network or infrastructure;
• Upload or otherwise transmit any communique, software, or material that carries an epidemic or is otherwise dangerous to Media7’s or its users’ computer systems, devices or systems; or
• Engage in any other conduct that restricts or inhibits any person from using or taking part in the Services, or that, in our sole judgment, exposes us or any of our associates, users or another 1/3 birthday celebration to any legal responsibility, damages, or detriment of any kind.
Violations of device or community protection and positive other conduct can also bring about civil or criminal liability. We may also inspect and paintings with regulation enforcement authorities to prosecute customers who violate the Terms. We may also droop or terminate your get admission to to the Services for any or no motive at any time without note.
3. User Submissions
Certain regions of the Services can also permit you to post comments, send emails, or in any other case provide statistics to Media7 or other men and women. You stay absolutely liable for the substances which you provide to us or others, such as with out drawback statistics, audio recordings, pix, documents, or different materials submitted, posted, uploaded, despatched or otherwise transmitted to us or others (“User Content”). You agree now not to provide User Content that:
• Infringes on, misappropriates or in any other case violates the copyright, trademark, patent or other intellectual property right of any individual;
• Is fake, deceptive, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-specific;
• Violates someone’s right to privateness or publicity;
• Contains advertising or a solicitation of any kind;
• Degrades others on the basis of gender, race, elegance, ethnicity, country wide starting place, faith, sexual choice, orientation or identification, incapacity, or other category;
• Contains epithets or different language or fabric intended to intimidate or to incite violence; or
• Violates any applicable nearby, country, countrywide, or international law, or advocates illegal activity.
If the Services allow you to submit or publish User Content, you could most effective submit User Content that is original and that you have the proper to submit. By filing User Content, you provide us a royalty-free, irrevocable, perpetual, non-exceptional, global, completely sub-licensable, transferable, license to publish, reproduce, distribute, show, perform, edit, adapt, regulate, tranmedia7, create spinoff works, make, sell, provide on the market, export, and in any other case use and make the most your User Content (or any component thereof) in any manner that we need and in any shape, media, or technology now known or later developed. You hereby waive any moral rights you may have on your User Content. You constitute which you have received all important permissions from any person identified in or implicated by way of your submission (such as those proven in photographic content material), and, within the case of minors, additionally from their mother and father or prison guardians, as suitable.
We aren't obligated to publish or use your User Content. Media7 is not in any way endorsing any User Content or Media7 Content that it can submit or publish on the Services and can't, and will now not, vouch for its reliability. Media7 is not chargeable for any User Content or Media7 Content and has no responsibility to display the User Content or Media7 Content posted at the Services. You use any statistics contained in User Content or Media7 Content at your own hazard. Media7 and its designees have the right, of their sole discretion, to reveal, evaluate, edit, remove, delete, disable, refuse, restrict, or terminate access on your User Content or the Services (in entire or in element) at any time, without previous word and in our sole discretion, for any or no reason. The duties that you need to us beneath these Terms shall continue to exist termination of the Services, any use through you of the Services, any User Content at the Services, or these Terms. You will no longer maintain to post any User Content that Media7 has formerly recommended you now not to submit.
4. Subscription Services
Subscription Services. Certain Services, such as Media7 Plus, can be to be had simplest thru creation of a subscription account and price of a rate (“Subscription Services”). Through such Subscription Services bills, you may have get right of entry to to the Subscription Services for a fixed time period, so as to no longer renew automatically until otherwise disclosed to you when you pay for the Subscription Services.
Access Restrictions. You aren't authorized to get admission to any Subscription Services unless you have opened a subscription account and paid the appropriate price, have obtained access credentials (e.g., a username and password) from us, and are the usage of the ones get entry to credentials. You may not assist everybody else in having access to Subscription Services on an unauthorized basis, together with with the aid of sharing your get admission to credentials or supplying any content or other materials which you received thru Subscription Services to third parties. You are accountable for maintaining the confidentiality of your access credentials and for all usage or pastime in your Subscription Services accounts, such as the usage of Subscription Services via any third birthday celebration authorized by you to apply your get right of entry to credentials. Such responsibility expressly includes any purchases made or different prices incurred on your credit card in connection with your use (or an authorized 0.33 celebration’s use) of the Subscription Services. In the event of any fraudulent, abusive or otherwise illegal hobby in your Subscription Services debts, we may also, in our sole discretion, terminate those debts and refer you to appropriate law enforcement corporations. You can be accountable for damages from any such fraudulent, abusive, or in any other case unlawful pastime.
Age and Billing Authorization. By subscribing to a Subscription Service, you verify that you are at least 18 years of age, that all statistics you post is real and correct (which include all credit card data), and which you are the authorized holder of the credit score card.
Fees. You agree to pay all subscription charges and different costs for your Subscription Services money owed, together with any applicable taxes. Media7 and/or the specific carrier provider reserves the right to change the quantity of, or the idea for determining, any subscription expenses or different expenses for the Subscription Services and to institute new subscription costs or different charges powerful upon prior note to you.
Mobile Access. Some Subscription Services are available simplest using a selected sort of tool, which includes an Apple iPad or an Amazon Kindle. You have to inspect Subscription Services earlier than you pay for get entry to to them to make sure that they may paintings along with your device because we can now not refund any costs you paid if the Subscription Services to which you subscribe are not well suited. Also, positive Subscription Services might not be available to be used in each jurisdiction, and we can no longer refund any charges you paid if the Subscription Services to that you subscribe aren't available. For facts on compatibility and availability, please go to the applicable company’s internet site or contact us at email@example.com before you subscribe.
Suspension or Termination. We may additionally suspend or terminate your get admission to to Subscription Services at any time with out be aware to you. If we accomplish that, you will not be accountable for fees related to the Subscription Services after the termination turns into effective, however you may now not have another remedies in opposition to us, and we are able to no longer problem any refunds. If you have got breached or violated any responsibility underneath those Terms, you will now not be entitled to any remedy.
Cancellation. To cancel your subscription to Subscription Services, you must comply with the tactics described on the applicable company’s website. If we do no longer listing cancellation tactics for a particular Subscription Service, you have to touch us at firstname.lastname@example.org. We do no longer refund or prorate Subscription Services, or another purchases made through the Services, for any cause. Requests to terminate subscriptions might be powerful once the billing length wherein we received the cancellation concludes.
five. Registration for Non-Subscription Services
You can be requested to sign in for certain sports in reference to the Services other than Subscription Services (see Section 4 for a dialogue of Subscription Services). When you register, you agree to offer correct, modern and complete information approximately your self as asked or directed and to directly update this facts to keep its accuracy. Media7 has the right to suspend or terminate any account or other registration and to refuse any and all contemporary or destiny use if it suspects that such records is wrong or incomplete. You are liable for keeping the confidentiality of any password and username which you are given or choose, and you're accountable for all sports that arise under your password or account.
6. Intellectual Property
All content, statistics, materials, laptop code, and software that are part of the Services apart from your User Content (together, the “Media7 Content”) is the belongings of Media7 or 1/3 events. You can also get admission to, use and display the Services on a unmarried computer or device and download and print copies of the Media7 Content most effective for non-industrial, informational, private use, without modification or alteration in any way, and simplest so long as you observe those Terms.
Copyright and Other Intellectual Property Rights. The Media7 Content is protected below the copyright laws of america and other countries. You renowned that each one copyrights and other intellectual belongings rights within the Services are owned by using Media7 or its third-celebration licensors to the full quantity accredited beneath the US Copyright Act and all international copyright laws and all other applicable laws. Unless expressly accredited by means of an authorized character in writing, you may not reproduction, reproduce, distribute, post, input right into a database, show, carry out, modify, create spinoff works from, transmit, or in any manner use or exploit any part of the Media7 Content besides that you could make use of the content material for instructional and non-industrial functions only, provided which you maintain all copyright and other notices posted together with the Media7 Content. To gain written consent to apply a copyrighted work, please contact us using the facts in Section 18. Copying or downloading those materials for some thing aside from your non-public use is a contravention of these Terms.
Trade and Service Marks. All rights in product names, the Media7 call, exchange names, trademarks, carrier marks, exchange get dressed, slogans, product packaging, and designs of Media7 products or services, whether or not or no longer acting in massive print or with the trademark image, belong solely to Media7 or its licensors and are included from reproduction, imitation, dilution, or confusing or misleading uses below national and worldwide trademark and copyright legal guidelines. The use or misuse of those trademarks or any substances, except as authorized herein, is expressly prohibited, and not anything said or implied on the Services confers on you any license or right underneath any patent or trademark of Media7, its associates, or any 0.33 birthday party. To achieve written permission to apply the trade and carrier mark rights of Media7, please touch us using the statistics in Section 18.
• Notice of Infringement. Media7 respects intellectual assets rights. If you agree with in correct religion that your paintings has been reproduced or is available on the Services in a way that constitutes copyright infringement, please provide our exact agent with the subsequent records in writing to Media7’s Copyright Agent beneath the Digital Millenium Copyright Act (“DMCA”):
• An electronic or bodily signature of the man or woman authorized to behave on behalf of the owner of the unique proper this is allegedly infringed;
• Identification of the copyrighted work or a representative list of the works claimed to had been infringed;Identification of the allegedly infringing cloth and statistics moderately sufficient to allow us to find the fabric;
• Your name, cope with, smartphone wide variety, and e mail cope with, in order that we may additionally contact you if necessary;
• A assertion which you have a terrific faith belief that the disputed use isn't authorized with the aid of the copyright owner, its agent, or the law; and
• A statement via you, made under penalty of perjury, that the above facts to your be aware is correct and which you are the copyright proprietor or authorized to act on the copyright owner’s behalf.
You can also notify our distinctive copyright agent both by means of mail to Copyright Agent, Media7, 1707 L St. NW, Suite 800, Washington, D.C., 20036 or through e-mail or fax email@example.com Fax: (202) 223-0671. Only copyright complaints need to be sent to the Copyright Agent. All other comments or comments ought to be addressed to firstname.lastname@example.org. You renowned that in case you fail to comply with all the requirements of this segment, your DMCA note might not be legitimate.
7. Change or Termination
Media7 might also alternate or terminate those Terms for any reason at any time. Media7 reserves the right, in its sole discretion, to restriction, suspend, or terminate your get entry to to and use of the Services, without or with previous notice. Otherwise applicable sections of the Terms shall survive termination. Media7 additionally reserves the right to searching for all remedies to be had at regulation and in equity for violations of those Terms. Upon termination, you must quit all use of the Services, along with any of the Media7 Content.
The Services might also incorporate hyperlinks to different websites or on-line offerings that are operated and maintained by using different folks and that are not under the control of or maintained by means of Media7. Such hyperlinks do no longer constitute an endorsement through Media7 of those other websites or on line offerings, the content displayed therein, or the individuals associated therewith. These Terms do no longer observe to such different websites and on line offerings, and such websites and on-line offerings aren't part of the Services. We inspire you to study the privateness rules and phrases of use of these different websites or services.
10. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS absolutely AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE offerings, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES or With ReSPECT TO any web sites or offerings linked from the offerings. THE SERVICES ARE PROVIDED “AS IS”, “with all faults,” AND “AS AVAILABLE.” Without restricting the generality of the foregoing, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, no liens and no encumbrances; (II) THE warranties against infringement, misappropriation or violation of any highbrow belongings or proprietary rights of any person; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE warranties relating to the accuracy, reliability, correctness, or completeness of statistics or content made to be had at the SERVICES or in any other case through SLATE. Further, there is no assurance that the SERVICES will meet your needs or necessities or the needs or necessities of some other individual OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, THAT THE SERVICES, INCLUDING WITHOUT LIMITATION THE SLATE content, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. SLATE DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SLATE CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR SLATE CONTENT. SLATE makes no illustration that the Services are appropriate or available to be used outside of america. No oral or written statistics made to be had through or on behalf of Media7 shall create any warranty.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS CLAIMS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM SLATE’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
eleven. Exclusive Remedy and Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL SLATE, its affiliates, or any birthday party concerned in creating, generating, or handing over the SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION direct, incidental, consequential, oblique, special, or punitive damages AND LOST PROFITS bobbing up out of THE TERMS OR your get entry to, use, misuse, or incapacity to use the offerings, INCLUDING WITHOUT LIMITATION ANY SLATE content material OR USER CONTENT, or any Sites LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SLATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, or in reference to any failure of performance, error, omission, interruption, disorder, postpone in operation or transmission, laptop virus, or line or gadget failure.
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY HEREIN, DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS CLAIMS OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM SLATE’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
Because some jurisdictions do now not allow the exclusion or dilemma of incidental or consequential damages, SLATE’s liability in such jurisdictions will be confined to the extent accredited with the aid of law.
Any declare in opposition to us will be constrained to the quantity you paid, if any, to be used of the Services.
You agree to indemnify, hold harmless, and guard Media7, and its associates and licensors, and each of their respective officials, administrators, contractors, retailers, employees, successors and assigns from and towards any and all demands, claims, damages, liabilities, judgments, fines, hobby, penalties, losses, fees, prices and harms, along with with out quandary reasonable legal professionals’ charges and fees of different professional advisers, bobbing up out of or in connection with (i) your use of the Services (which includes, with out hassle, your User Content and your use of any Media7 Content), (ii) your on line conduct, (iii) your violation or breach of those Terms, (iv) your failure to conform with any relevant legal guidelines or regulations, (v) your negligence, willful misconduct, or violations of the intellectual assets or other rights of any character, or (vi) any of your dealings or transactions with different men and women attributable to use of the Services. You shall not settle this kind of claim without the earlier written consent of Media7. These responsibilities will survive an termination of these Terms.
This provision does no longer require you to indemnify us for any unconscionable industrial practice via such celebration or for such birthday party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any fabric reality in connection with the Services.
13. Integration and Severability
These Terms constitute the complete agreement between Media7 and also you, superseding any previous or contemporaneous communications and suggestions (whether oral, written or digital) among you and us. In the event any provision of those Terms is held unenforceable, it's going to not affect the validity or enforceability of the final provisions and will be replaced by way of an enforceable provision that comes closest to the intention underlying the unenforceable provision.
14. No Waiver
Our failure to enforce any provisions of the Terms or respond to a breach by way of you or other events shall no longer in any way waive our proper to put in force finally any terms or situations of the Terms or to act with respect to comparable breaches.
15. Assignment and Binding Effects
You must not assign these Terms or any rights or duties herein without the earlier written consent of Media7 and any tried venture in contravention of this provision is null and void and of no pressure or impact. Media7 has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each celebration and its respective successors, heirs, trustees, directors, executors and authorized assigns.
sixteen. Location, Governing Law
17. DISPUTES AND ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It consists of methods for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to solve disputes extra quickly. Instead of a judge or a jury, the case can be decided by using a impartial arbitrator who has the energy to award the identical damages and alleviation that a courtroom can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the final arbitration phrases shall be enforced.
(1) Write a demand for Arbitration. The demand must consist of a description of the Claim and the quantity of damages sought to be recovered. You can discover a replica of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the perfect submitting rate to: JAMS to your neighborhood JAMS workplace or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111
(three) Send one reproduction of the Demand for Arbitration to the alternative birthday celebration.
Payment of all submitting, management and arbitrator costs may be ruled by using the JAMS Rules. If traveling to the Commonwealth of Virginia is a burden, you can participate inside the arbitration by way of smartphone or through report submission to the fullest quantity allowable through the arbitrator. Each party will bear their own prices of arbitration unless the arbitrator directs that bearing such fees would be an undue burden and if so, we will pay to your part of the arbitration administrative prices (but not your legal professionals’ fees). Arbitration beneath this settlement shall be held within the United States within the Commonwealth of Virginia below Virginia law without regard to its war of legal guidelines provisions. The arbitration may additionally award on an person basis the same damages and alleviation as a courtroom (which include injunctive alleviation). Any judgment on the award rendered by using the arbitrator can be entered in any court of equipped jurisdiction.
NO CLASS ACTIONS: You may additionally simplest remedy disputes with us on an character foundation, and won't convey a declare as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, elegance moves, non-public attorney wellknown movements, and consolidation with different arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, as an alternative electing that all claims and disputes shall be resolved by using arbitration. Arbitration processes are commonly more constrained, more green and less high-priced than guidelines applicable in court docket and are situation to very limited review by a court docket. In the occasion any litigation need to stand up among you and us in any kingdom or federal courtroom in a suit to vacate or put in force an arbitration award or otherwise, YOU AND SLATE WAIVE ALL RIGHTS TO A JURY TRIAL, as an alternative electing that the dispute be resolved by using a decide. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
17. Separate Terms and Conditions
18. Contact Information
Please direct any questions, lawsuits or claims related to the Services or your use of the Services, or requests to apply a copyrighted paintings or trade or provider mark right to email@example.com.