Description of Service
MediaDC is not responsible for any aspect of these third-party service providers or websites, including any purchases made on those sites, or outside of our Digital Services. Please review any terms and conditions that may apply if and when you visit these online stores or other areas operated by third parties.
In-App Purchases & Subscriptions
Additional Policies and Agreements
Modifications and Interruptions to the Digital Services
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites and Services
Our Digital Services may include links to other sites, mobile application stores, or services on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site or service.
As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Digital Services and accessing the Content under the laws of the United States or other country.
Ownership of User Content
TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIADC, ITS RELATED ENTITIES, ITS CONTENT AND SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “MEDIADC PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MEDIADC PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE MEDIADC PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. FURTHER, IF YOU HAVE PURCHASED ANY OF OUR DIGITAL SERVICES FROM THE APPLE APPSTORE, IN THE EVENT OF ANY FAILURE OF OUR DIGITAL SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE TO YOU. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR DIGITAL SERVICES, AND ANY OTHER CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSE ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE DEALT WITH BY US IN ACCORDANCE WITH THESE TERMS.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY MEDIADC PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE MEDIADC PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Registration on our Digital Services
If you wish to register on any of our Digital Services, you agree to provide accurate information about yourself as required by the applicable registration form, and you further agree that you will update such data to keep it accurate, current and complete. We reserve the right to suspend or terminate your use of our Digital Services if we discover, or if we have a reasonable basis to believe, that any of the data you have provided is inaccurate, incomplete or untrue. If you register on any of our Digital Services, you may not share your log-in details (e.g., username and password) with any other person or authorize any other person to log-in with your account. You are responsible for maintaining the confidentiality of your log-in details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account or any other suspected breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your log-in data.
User-Submitted Content and User Conduct
Any Content uploaded, posted, submitted, or otherwise made available by individual users of our Digital Services, including without limitation submissions by contributors, comments to articles, or other content which does not originate with a MediaDC Party (“User Content”), is the sole responsibility of the person who made such User Content available on the Digital Service. Under no circumstances will any MediaDC Party be liable in any way for any User Content made available through any of our Digital Services. Because we do not necessarily pre-screen or review the User Content posted on our Digital Services, we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing any of our Digital Services, you may encounter Content that you may consider to be obscene, improper, or otherwise objectionable. We have no responsibility for any User Content, including without limitation any errors or omissions therein. The MediaDC Parties are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available on our Digital Services, whether by any MediaDC Parties, individual users of our Digital Services, or our third party contractors or licensors.
You agree that you will not use any of our Digital Services to transmit or make available any Content that:
- violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
- infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
- contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
- you know or have reason to know is false, misleading, or fraudulent;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- employs any techniques to disguise the origin of the Content submitted;
- contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
- incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
- contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Digital Services to:
- engage in any conduct which might be harmful to any individual;
- impersonate or misrepresent your affiliation with any person or entity;
- engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity;
- engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
In addition, you are prohibited from interfering with or disrupting our Digital Services, or servers or networks connected thereto. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on our Digital Services. You agree that our exercise of such discretion will not convert or transform User Content to Content owned or provided by MediaDC, and the user who made such User Content available on a Digital Service will retain ownership thereof as described below.
Ownership of User Content
If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Digital Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through a Digital Service, you are granting MediaDC, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
Ownership of Feedback
We welcome your feedback regarding our Digital Services. All information and materials submitted to MediaDC, such as any feedback, ideas, questions, proposed features or the like regarding or relating to a Digital Service or the business of MediaDC or its related entities (collectively, “Feedback”), will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of MediaDC. By submitting Feedback to MediaDC, you assign to MediaDC, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Disclaimer Regarding Third-Party Content and Services
Some of the Content, services and features on our Digital Services, including without limitation User Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Digital Services created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Digital Services (including without limitation advertisers on the Digital Services) and you acknowledge that any reliance on representations and warranties provided by any party other than MediaDC will be at your own risk. You expressly agree to hold the MediaDC Parties harmless for any claims of damage arising from any Content, product or service provided by any third party.
Copyright and Trademark Information
All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of this Digital Service will be deemed by MediaDC to be an intentional infringement. All trademarks displayed on the Digital Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with MediaDC.
Permitted Use of Mobile Applications
Our Mobile Applications are protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of MediaDC. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile Applications, or in anyway compromise the security of data stored or transmitted by our Mobile Applications.
Permitted Use of the Content
Any use of Content on the Digital Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MediaDC, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of MediaDC. You may use the Content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on the Digital Service, without the express consent of those third parties.
Links to the Site and RSS Feeds
You are hereby licensed to create hyperlinks to Content on the Sites, provided that the hyperlink accurately describes the Content to which it links on the Sites. In addition, individuals and non-commercial organizations are hereby granted a license to implement the RSS feeds offered by our Sites. If you wish to inquire about use of the RSS feeds on a commercial website, please contact us at email@example.com..
When you include links to a Site on your website (including RSS feeds) when the link is clicked, the applicable page within our Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by MediaDC. Under no circumstances may you “frame” the Site or any of its Content or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. MediaDC reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
Notification of Claimed Copyright Infringement
In the event that you find Content posted on one of our Digital Services which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
1. your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner; 2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner; 3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed; 4. if your claim is based on a registered work, the registration number, and the date of issuance of the registration; 5. a description of the infringing material and the URL where such material is located on the Digital Service, or a description of where on our Digital Service you found such material; 6. your written statement that you believe, in good faith, that the use of the work on our Digital Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and 7. a statement under penalty of perjury that all of the information you have provided is true. Please send your notice of alleged infringement to: Copyright Agent, MediaDC, Inc., 1015 15th St. NW, Suite 500, Washington, DC, 20005 , E-mail:firstname.lastname@example.org. In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of MediaDC to terminate use of our Digital Services by repeat infringers in appropriate circumstances.
Other Content Complaints
The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing any Digital Services, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time.
Mobile Devices & Third-Party Restrictions
Separate versions of our Content or our Digital Services may be available for use on mobile devices, and may be available in Mobile Applications. If you access our Digital Services or Content on mobile devices or in Mobile Applications, you understand that your mobile carrier’s standard charges will apply.
Any Mobile Application installed from the Apple App Store must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store. If you install a Mobile Application from the Apple App Store, MediaDC, not Apple, is responsible for:
(1) The Content in the Mobile Application;
(2) Maintenance or support of any Mobile Application;
(3) Any product warranties, whether express or implied;
(4) Addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
(5) The investigation, defense, settlement and discharge of any third party claim that the Mobile Application or your possession and use of that Mobile Application infringes a third party’s intellectual property rights.
You are solely responsible for any User Content you may post to our Digital Services and any disputes you may encounter with other users of our Digital Services as a result of such contributions or otherwise. We have no obligation to become involved in, or to resolve, any disputes between users of our Digital Services (whether Content contributors or other users). However, we reserve the right to take any actions we deems appropriate with regard to such disputes.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Digital Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
By using any of our Digital Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.