Nitruc, LLC. (“Nitruc”), on behalf of MediaStinger, provides you access to the MediaStinger.com web site (the “Site”), the MediaStinger app (the “App”), and the information and other materials available on and through the Site and App, subject to your compliance with the terms and conditions set forth below (the “Terms of Service”). If you do not agree with any of the Terms of Service, DO NOT USE THE SITE OR APP. Your continued use of this Site evidences your agreement to be bound by each of the Terms of Service and constitutes a legally binding contract between you and MediaStinger.
THE INFORMATION PROVIDED ON THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT MEDIASTINGER TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.
All text, graphics, multimedia content or other material available from the entry point URL http://www.mediastinger.com and pages within that domain and all related code, including but not limited to films, images, text, ideas, graphics, logos, icons, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts and software within this Site (“Material(s)”) are the property of MediaStinger and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by MediaStinger or by other parties that have licensed their Material to MediaStinger. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way commercially exploited in whole or in part except that you may download one copy of the Materials on any single computer for your personal, noncommercial use, and one single permanent copy to be used by you, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You must obtain the prior written consent of MediaStinger for any other use of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any of the Material on any other Web site or computer environment is strictly prohibited.
“MediaStinger”, the “MediaStinger logo,” and MediaStinger’s other common law and registered service and trademarks (Marks) which may appear on the Site, are the service and trademarks of MediaStinger. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the express written permission of MediaStinger.
LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES
This Site contains links to pages on other sites, and those sites may offer products and/or services for sale (“Linked Sites”). You acknowledge and agree that MediaStinger has no responsibility for the accuracy or availability of information provided by Linked Sites. Links to Linked Sites do not constitute an endorsement by MediaStinger of the sponsors of such Linked Sites or the content, products, advertising or other materials presented on the Linked Sites. MediaStinger does not author, edit or monitor these pages or links. You acknowledge and agree that MediaStinger is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on the Linked Sites or resources.
MEDIASTINGER WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITIES OR DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON THE LINKED SITES. MEDIASTINGER IS NOT AND WILL NOT BE RESPONSIBLE FOR: (1) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY; (2) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY THIRD PARTY INCLUDING THEIR PRODUCTS AND SERVICES; (3) THE QUALITY OF SERVICES PERFORMED BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES; OR (4) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF ANY PRODUCT SOLD BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LIABILITY. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTY OR ANY THIRD PARTY’S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE MEDIASTINGER (AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH DISPUTES TO THE FULLEST EXTENT PERMITTED BY LAW.
DIGITAL MILLENNIUM COPYRIGHT ACT
MediaStinger respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that MediaStinger directly makes available on the Site and App. However, if you believe any Material on the Site or App, either posted by MediaStinger, our users or any other party, is infringing, please contact MediaStinger at email@example.com. Pursuant to the Digital Millennium Copyright Act, MediaStinger has registered an agent to receive copyright infringement claims.
Infringement notices addressed to MediaStinger’s Designated Agent need to include the following information so that MediaStinger can locate the Material and properly process the request:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in the Material;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the Material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use of the Material is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
USER CONDUCT AND SUBMISSIONS
In order to access and use the Site and App, you agree that you will not: (1) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site; or (2) use MediaStinger’s name, URL, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or “spam.” For the purposes of this agreement, “spam” has the meaning generally understood among Internet users.
You may not post, upload, or transmit to the Site or to the MediaStinger servers any communications, text, graphics or other information (collectively, “Unauthorized Content”) that: (1) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (2) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (3) advocates or encourages any illegal activity; (4) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (5) violates the privacy of individuals, including other users of the Site; or (6) violates any applicable local, state, national or international law. Although MediaStinger does not pre-screen user submissions in chat rooms, forums, reviews or otherwise, MediaStinger and its agents retain the right (but not the obligation) in their sole discretion to refuse or move any Materials, information or other content available on the Site.
MediaStinger does not claim ownership of any Materials or information you submit or make available for the Site and you are entirely responsible for everything you upload, post, email or otherwise make available on the Site. Any Materials or other information are not and will not be treated as confidential. In addition, by uploading, posting, emailing or otherwise making available any Materials or other information on the Site, you grant MediaStinger a worldwide, perpetual, royalty-free, fully paid up, non-exclusive license to distribute, reproduce, modify, adapt, publicly perform, publicly display, sublicense, freely assign, create derivative works from and otherwise use and exploit any such Materials or information in any medium now known or hereinafter developed. You also agree that MediaStinger may disclose any such Materials or information to any third party for any reason, including without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, enforce MediaStinger’s rights, analyze or respond to third party claims or generally protect MediaStinger and its users.
ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MEDIASTINGER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES.
IN ADDITION, MEDIASTINGER DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDIASTINGER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SPECIFIC PRODCUTS OR SERVICES DISCUSSED ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MEDIASTINGER) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS AND ANY OTHER CONTENT OR INFORMATION AVAILABLE ON THE SITE.
UNDER NO CIRCUMSTANCES WILL MEDIASTINGER BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY CONTENT ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MEDIASTINGER, ITS PARENT, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
You agree to indemnify and hold MediaStinger and its parent, subsidiaries, affiliates, and their respective officers, directors, agents, partners, sponsors and employees of each harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Service, or your violation of any rights of another party.
TERMINATION OF THE SITE
MediaStinger reserves the right to withdraw, suspend or discontinue at any time and from time to time any Materials, information, content or services available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice.
MediaStinger may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if MediaStinger believes that you: (1) have breached these Terms of Service; (2) infringed the intellectual property right of a third party; (3) provided any information that MediaStinger is unable to verify or authenticate; (4) uploaded or transmitted Unauthorized Content to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Site may be effected without prior notice to you.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This Site is controlled and operated by MediaStinger from its offices within the State of California, U.S.A. MediaStinger makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by MediaStinger.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within California and without giving effect to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by MediaStinger, you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in Los Angeles County, California.
If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions.
Any delay or failure on the part of MediaStinger to enforce any rights under these Terms of Service to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.
MediaStinger reserves the right to change or modify these Terms of Service at any time. These Terms of Service shall not be modified except in writing, as posted on this Site by MediaStinger. Any change or modification made by MediaStinger will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by MediaStinger.