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Revised as of 24 December 2007
1. THE SERVICE, MediaZone.com, Inc. ("MediaZone") owns
and operates various services through which registered users can
access online media for a fee (each a "Service").
The Services are accessible at various
worldwide web sites that are owned and/or controlled by MediaZone
or through other electronic media and means
2. ACCEPTANCE OF TERMS AND CONDITIONS Your use of one or more of
MediaZone's Services is subject to the following Terms of Use
("Terms"), which may be updated in accordance with
Section 22 below. You can review the most current version of the
Terms at any time at www.MediaZone.com. If you do not agree
with any part of the following Terms or any other terms expressly
specified by MediaZone in connection with a transaction (such as
pricing), you shall not use any of the Services. You acknowledge and agree that any use of one or more
Services by you shall constitute your acceptance of these Terms. If
you violate any of these Terms, your permission to access and view
the Services automatically terminates and you must immediately
destroy any copies you have made. These Terms were last updated on
Dec 24th, 2007.
3. SCOPE OF SERVICE You understand and agree that the Services
may include content such as advertisements, service announcements,
program information and administrative messages. Such content is
considered part of the Service and you will not be able to opt out
of receiving it. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service(s) or are
delivered through other distribution means shall be subject to
these Terms. You understand and agree that the Services are
provided "AS IS" and that MediaZone assumes no
responsibility for the timeliness, deletion, nondelivery or failure
to store any user correspondence, information or personalization
settings. You are solely responsible for obtaining access to the
Services and that access may involve third party fees (such as
Internet service provider or air time charges). You are solely
responsible for those fees. In addition, you must provide and are
solely responsible for all equipment necessary for you to access
the Services. You agree not to access the Services by any means
other than through the interface that is provided by MediaZone for
use in accessing the Services. You also acknowledge that your right
to access the Services is limited to the number of hours (or other
applicable parameters) specified in the subscription package you
purchase from MediaZone. Due to rights restrictions; certain
programming may not be available in certain territories. You agree
that your subscription may not entitle you to receive all the
programming on one or more of the Services.
4. CONTENT RIGHTS AND OWNERSHIP You acknowledge and agree that
the information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content")
presented to you through the Services or contained in sponsor
advertisements are protected by copyright, trademarks, service
marks, patents and/or other proprietary rights and laws. Subject
always to these Terms, MediaZone grants you a personal,
non-transferable and non-exclusive license to stream, download
(solely to the extent permitted by MediaZone in advance in writing)
and/or view the Content for non-commercial, personal use only,
provided that you also retain all copyright and other proprietary
notices contained on the materials. Other than for your personal
and private viewing, you agree not to distribute, modify, transmit,
reuse, re-post, or use the Content available on any Site for any
purpose, and further agree not to modify, rent, lease, loan, sell,
distribute, reverse engineer (other than to the extent permitted by
law) or create derivative works based on the Content, in whole or
in part, without MediaZone's prior express written permission.
Images of people or places displayed on the Sites are either the
property of MediaZone or third parties. The use of these images by
you, or anyone else authorized by you, is prohibited except to the
extent specifically permitted by these Terms or specific permission
provided elsewhere by MediaZone in writing. Any unauthorized use of
the images may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
Where your license with respect to certain Content is restricted to
certain territories, you agree not to redistribute or in any way
assist in the redistribution of the Content outside said
territories.
5. PRIVACY POLICY AND USER SUBMISSIONS. Any collection or use of
personally identifiable information collected from you via the
Services is governed by MediaZone's Privacy Policy, which is
incorporated by reference herein and is available at
MediaZone's home page www.mediazone.com. To the extent
particular pages or features of the Services permit the submission
of communications which will be treated by MediaZone as
confidential (including features that collect your personally
identifiable contact information), that fact will be stated clearly
on the applicable web pages or features, and such information will
be subject to said Privacy Policy. All other communications or
submissions to MediaZone, including submissions to a chat room,
message board, comments, profile pages including user-generated
photos/videos/audio, third party applications such as gift-giving,
bookmarking tools, interactive games, survey/quizzes, customer
testimonials or similar feature of the Services, is hereby deemed
non-confidential and non-proprietary on your part. By posting text
or other material at or through non-confidential portions or
features of the Services, you hereby assign to MediaZone all rights
therein, including without limitation the right to use, reproduce,
modify, publish, edit, translate, distribute, perform, and display
such text and material alone or as part of other works in any form,
media or technology, whether now known or hereafter developed, and
to sublicense such rights. All comments, feedback, suggestions and
ideas submitted to MediaZone in connection with your use of the
Services are hereby deemed MediaZone's sole property and
subject to disclosure and use by MediaZone without an obligation to
compensate you in any manner. You should be aware that any
personally identifiable information you submit there can be read,
collected, or used by other users of these forums, and could be
used to send you unsolicited messages. Mediazone is not responsible
for the personally identifiable information you choose to submit in
these forums. In addition, all users of Mediazone blogs and forums
must adhere to the Mediazone Member Conduct listed in this Privacy
Policy. You understand that all information, data, text, messages,
or other materials, whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom
such Content originated. This means that you, and not Mediazone is
entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Services.
6. YOUR REGISTRATION OBLIGATIONS In consideration of your use of
the Service(s), you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the
Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or MediaZone has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, MediaZone has the right to suspend or
terminate your account and refuse any and all current or future use
of the Service (or any portion thereof). MediaZone is concerned
about the safety and privacy of all its users, particularly
children. Please remember that the Services may contain Content
that addresses topics for a mature audience, including discussions
or depictions of a sexual, violent or drug-related nature.
Accordingly, it is your sole responsibility to determine whether
any of the Services and/or Content is appropriate for your
child.
7. PAYMENT TERMS The credit card or alternate payment method
that you provide as part of your Registration Data will be
automatically charged the then-current fee for the applicable
Service. All fees are non-refundable and non-creditable. All price
references are in U.S. dollars. The prices and terms of sale for
subscriptions to any Service and other Content transactions will be
those in effect (and presented to you either through the purchase
process and/or incorporated by reference via presenting you with a
link to the purchase terms during that process) on the date on
which you submitted sufficient information to complete your order
(e.g. valid credit card information). MediaZone reserves the right
to change prices for its Services at any time, and MediaZone is not
responsible to you for any sudden price changes, including without
limitation requiring payment for Content that was previously free
or reducing or eliminating charges for Content that previously
required payment (whether or not you had subscribed to such
Content). Notwithstanding the foregoing, if MediaZone raises the
price of, or otherwise changes the material terms to, a
subscription package, MediaZone will give current affected
subscribers advance notice by using the contact information
provided as part of the Registration Data, and such subscribers may
cancel the relevant subscription(s) within thirty (30) days of the
notification to avoid being bound by the new pricing or terms.
Automatically renewing subscriptions will be automatically charged
to you at the then-current price at the time of renewal using the
credit card or other payment methods used by you. If you have
insufficient funds available or automatic payment is otherwise
unavailable, your subscriptions may not automatically renew. You
are responsible for keeping MediaZone informed of your current
email address, for checking your spam/bulk mail filters for
important notices about upcoming changes to your Service, for
contacting us via email if you do not accept those changes, and for
the loss or non-delivery of such notices. MediaZone shall not be
liable in any way with respect to the timing of any charges to your
credit card.
8. CANCELLATION OF SUBSCRIPTIONS Subscriptions to the Service
may be provided on a monthly, annual or other periodic basis
commencing on the date that you sign up for the Service. For each
Service to which you subscribe, your subscription may automatically
renew immediately upon the expiration of the then-current term and
your credit card or other payment method submitted when initially
subscribed to the service, will automatically be charged the
then-current price for the applicable Service, unless you cancel
the applicable Service in accordance with this section or, if the
Service to which you subscribe to has a limited time period. You
can cancel a subscription to a Service at any time by contacting us
and requesting cancellation of the applicable subscription.
Cancellation of a subscription prior to the end of the applicable
pre-paid term will not take effect until the end of that term and
you will not receive a refund in respect to any portion of the
pre-paid fee. During that time, you will continue to have access to
the Service until the conclusion of the particular term of your
subscription.
For example, if you cancel a monthly subscription ten (10) days
after your credit card or alternative payment method has been
billed for your subscription for a particular month, e.g. June, you
will continue to have access to the Service for the remaining
twenty (20) days of the term, and the cancellation will become
effective at the end of that remaining 20-day period. Some events
are linked to certain particular Service subscription packages. If
you have an event package linked to a subscription, you cannot
cancel such a subscription without also losing access to the
specific event package.
9. TERMINATION AND SUSPENSION OF ACCOUNT MediaZone expressly
reserves the right to, at its option, immediately modify, suspend
or terminate your account and refuse current or future use of any
Service by you if:
(a) your credit card or alternative payment method is invalid for
any reason,
(b) you charge back to your credit card or alternative payment
method the fees due to MediaZone,
(c) MediaZone, at its sole discretion, believes that you have
engaged in manipulation of any Service,
(d) MediaZone, at its sole discretion, believes you have violated
or tried to violate the rights of others,
(e) MediaZone, at its sole discretion, believes you have failed to
provide or maintain valid, accurate, current and complete
Registration Data or other information,
(f) MediaZone, at its sole discretion, believes you have disclosed
your Service password or other information to any third party, or
used your account to enable access to the Service for anyone other
than yourself,
(g) MediaZone, at its sole discretion, believes you have acted
inconsistently with the spirit or letter of the Terms, or
(h) MediaZone, at its sole discretion, believes your safety, or the
safety of other users of the Service or the general public, is in
jeopardy.
MediaZone may exercise its remedies immediately upon occurrence of
the events listed above, without prior notice to you and without
refund or compensation to you. MediaZone shall have the right to
terminate your account and refuse current or future use of any
Service by you for any reason other than those set forth above or
no reason, provided MediaZone refunds to you (a) for the
subscription period of each affected Service that has not yet
commenced, the Service subscription fee you have pre-paid to
MediaZone and (b) for subscription periods of each affected Service
that is longer than one month and has already commenced, the
prorated amount of the applicable pre-paid subscription fee
attributable to the then-current month and the remainder of the
subscription period. Except as expressly set forth above,
MediaZone's actions in exercising its rights hereunder shall
not relieve you from your obligations under the Terms.
10. MODIFICATIONS TO SERVICE The Services are offered at the
sole discretion of MediaZone. MediaZone reserves the right at any
time and from time to time to modify or discontinue, temporarily or
permanently, any Service (or any part thereof) with or without
notice in its sole discretion. You agree that MediaZone shall not
be liable to you or to any third party for any modification,
suspension or discontinuance of any Service or any part
thereof.
11. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a
password and/or personal identification number (PIN) upon
completing the Service's registration process and account set
up. You are responsible for maintaining the confidentiality of the
password and/or PIN, and are fully responsible for all activities
on your account that occur under your password and/or PIN. You
agree to (a) immediately notify MediaZone of any unauthorized use
of your password, PIN or account or any other breach of security,
and (b) ensure that you log out of your account at the end of each
session. To the maximum extent permitted by law, MediaZone will not
be liable for any loss or damage arising from your failure to
comply with this section.
12. MEMBER CONDUCT You agree that you will not: (a) interfere
with or disrupt any Service, any servers or networks connected to
the Service or MediaZone's websites, (b) disobey any
requirements, procedures, policies or regulations of networks
connected to the Service, (c) violate any applicable local, state,
national or international law or regulations, (d) use the Services
or MediaZone's websites in a manner that infringes another
party's intellectual property rights, or that violates another
party's privacy rights or rights of publicity; (e) introduce
viruses, Trojan horses, worms or other harmful computer programming
routines into the Services or MediaZone's websites; (f) use any
robot, spider, other automatic device or process to monitor or copy
any portion of the Services or MediaZone's websites; or (g)
probe, scan or test the vulnerability of the Services or
MediaZone's websites, or breach the security or authentication
measures thereof.
13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE The United States
controls the export of products and information. You agree to
comply with such restrictions and not to export or re-export any
materials made available by MediaZone to countries or persons
prohibited under the export control laws. By accessing the
Services, you are agreeing that you are not in a country where such
export is prohibited or are a person or entity to which such export
is prohibited. You are responsible for compliance with the laws of
your local jurisdiction regarding the import, export or re-export
of any material..
14. DEALINGS WITH ADVERTISERS Your correspondence or business
dealings with, or participation in promotions of, advertisers found
on or through any Service, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that MediaZone
shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on any Service.
15. THIRD PARTY CONTENT AND LINKS You agree that MediaZone's
Content providers, and not MediaZone, are entirely responsible for
all Content and any other information (e.g., titles and
descriptions) that such Content providers make available on or
through the Service. You also agree that, to the extent MediaZone
users post any information on or through the Service, those users,
and not MediaZone, are entirely responsible for all information
posted by them. MediaZone does not and has no obligation to control
Content or other information made available by anyone other than
MediaZone itself and, as such, does not guarantee the accuracy,
integrity or quality of such Content or information. MediaZone
shall not be liable in any way for any Content or other information
made available by anyone other than MediaZone itself, including
without limitation for any loss or damage of any kind from
infringement of any copyright, performing right, right of privacy,
trademark, moral right, patent, trade secret or other proprietary
right or interest, or from any defamation, obscenity, pornography,
harassment, error or omission. The Services may provide, or third
parties may provide, links to websites or resources not owned or
controlled by MediaZone. Because MediaZone has no control over such
sites and resources, you acknowledge and agree that MediaZone is
not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that MediaZone shall not be 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 or through any such site or
resource.
16. DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. MEDIAZONE EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERMS AS TO SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON
INFRINGEMENT. MEDIAZONE MAKES NO WARRANTY THAT (i) THE SERVICES
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE SERVICES OR
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL
BE ACCURATE, RELIABLE, COMPLETE OR TIMELY (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE(S) WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN ANY SOFTWARE OR CONTENT WILL BE CORRECTED.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE(S) IS DONE AT YOUR OWN DISCRETION AND RISK, AND,
WITHOUT PREJUDICE TO SECTION 18 BELOW, YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE ACCESS. DOWNLOAD, VIEWING OR USE OF ANY SUCH
CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM MEDIAZONE OR THROUGH OR FROM ANY SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
17. LIMITATIONS OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT MEDIAZONE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ANY LOSS
OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFIT ON
CONTRACTS), REVENUE, BUSINESS, OPPORTUNITY, ANTICIPATED SAVINGS,
USE OF MONEY, GOODWILL, REPUTATION, USE, DATA OR ANY OTHER
INTANGIBLE LOSSES (EVEN IF MEDIAZONE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE ANY SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH ANY
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. WITHOUT
LIMITING THE FOREGOING, MEDIAZONE'S AGGREGATE LIABILITY UNDER
THESE TERMS SHALL IN NO EVENT EXCEED 100% OF THE AGGREGATE AMOUNTS
PAID OR PAYABLE BY YOU TO MEDIAZONE UNDER THESE TERMS.
18. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
19. INDEMNITY You agree to indemnify, defend and hold MediaZone,
and its subsidiaries, affiliates, officers, agents, co branders or
other partners, and employees, harmless from any claims, actions
demands, damages or losses (including reasonable costs, legal fees
and expert costs) incurred in connection with any third party claim
arising out of your use of the Service(s), your connection to the
Service(s), your violation of the Terms, or your violation of any
rights of another.
20. COMPLAINTS AND INVESTIGATIONS. In order to ensure that
MediaZone provides a high-quality and law-abiding service,
MediaZone reserves the right to access your account and information
to investigate complaints or allegations of abuse against you,
whether or not made pursuant to the Digital Millennium Copyright
Act ("DMCA"). MediaZone does not have an obligation to
inform you of any complaints against you or the commencement or
results of any investigation. MediaZone has no obligation to
investigate any complaint made by you or against you. MediaZone
reserves the right, but has no obligation, to take any action
MediaZone deems appropriate following an investigation, including
but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and
disclosing any relevant information, including without limitation
your contact information, usage history, posted materials, IP
addresses and traffic information.
In the event you believe your copyrighted Content is being
infringed through the Service, you agree to provide MediaZone with
notice of such infringement pursuant to the DMCA, 17 U.S.C. ยง 512
in particular. More specifically, you agree that you will provide
MediaZone's Copyright Agent, whose email address is
copyright@mediazone.com, the written information provided below.
The contact address is Copyright Agent, MediaZone, 1900 Wright
Place, Suite 200, Carlsbad, CA 92008. You acknowledge this
procedure is exclusively for notifying MediaZone that you believe
your copyrighted material has been infringed.
- an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been
infringed;
- a description of where the material that you claim is
infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
- a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
21. NOTICE Notices to you may be made via either email or postal
mail, using the then-current address information you have provided
to MediaZone as part of the Registration Data, as updated by you.
The Service or MediaZone's system may also provide notices of
changes to the Terms or other matters by displaying notices or
links to notices to you generally on or in connection with the
Service(s).
22. TRADEMARK INFORMATION The "MediaZone" trademark
and all other logos, trademarks, service marks and product and
service names associated with MediaZone and/or the Services (the
"MediaZone Marks")are owned by MediaZone or its
affiliates or vendors. You agree not to display or use in any
manner the MediaZone Marks without prior permission from MediaZone
.
23. AMENDMENT OF TERMS MediaZone may amend these Terms at any
time by posting the amended Terms on the Sites, and such amended
terms and conditions will automatically be effective immediately
upon being posted. The Terms may not otherwise be amended except in
writing signed by you and MediaZone. If you do not agree to the
amended terms and conditions, your sole option is to cease all use
of the Service(s) Any use of the Service(s) after the amended Terms
become effective will be deemed an express acceptance by you of the
amended Terms.
24. GENERAL INFORMATION Except for the written terms of any
transaction conveyed to you by MediaZone via other means (e.g., a
web page and check-out function specifying Service pricing and
Service-specific terms and conditions) these Terms constitute the
entire agreement between you and MediaZone with respect to the
Services and govern your use of the Service(s), superseding any
prior agreements between you and MediaZone with respect to the
Services. You may also be subject to additional terms and
conditions that may apply when you use affiliate services, third
party content or third party software. The construction and
validity of the Terms and the relationship between you and
MediaZone shall be governed by the law of the state of California,
without respect to its conflicts of laws principles. You and
MediaZone agree to submit to the personal and exclusive
jurisdiction of state or federal courts located in San Diego
County, California, USA, save that nothing in this Section shall
limit the right of MediaZone to take proceedings against you in any
other court of competent jurisdiction, nor should the taking of
proceedings in any one or more jurisdictions preclude the taking of
proceedings by MediaZone in any other jurisdictions, whether
concurrently or not, to the extent permitted by the law of such
other jurisdiction. The failure of MediaZone to exercise or enforce
any right or provision of the Terms shall not constitute a waiver
of such right or provision. If any provision of the Terms 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 Terms shall remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to
use of the Service(s) or the Terms must be filed within one (1)
year after such claim or cause of action arose or be forever
barred. The section titles in the Terms are for convenience only
and have no legal or contractual effect.
25. VIOLATIONS Please report any violations of the Terms to us
on our contact page. |
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