MediaCrossing Terms and Conditions
Last updated: April, 2013
Welcome to www.mediacrossing.com (the “Website”) which is owned and operated by MediaCrossing Inc. By using the Website you are agreeing to be bound by these Terms and Conditions.
Please read these Terms and Conditions carefully before registering or using the Website. If you do not accept these Terms and Conditions, then you may not use the Website. These Terms and Conditions are subject to change by MediaCrossing at any time, effective when posted on the Website. Your continued use after such notice will constitute acceptance by you of such changes.
USE OF THE WEBSITE. You may only use this Website subject to these Terms and Conditions, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, the Website to any third party.
TERMINATION OF ACCESS. In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate your access to the Website, at any time with or without notice and with or without cause.
LINKS. This Website may contain links to other web sites not maintained by us. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. The existence of a link between this Website and any other website is not and shall not be understood to be an endorsement by us of the owner or proprietor of the linked internet website, nor an endorsement of us by the owner or proprietor of such linked website.
OUR PROPRIETARY RIGHTS. MediaCrossing or its licensors are the exclusive owners of all content, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Website. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms and Conditions are reserved by MediaCrossing.
NO WARRANTIES. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. THE WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS AND YOU AGREE THAT THE WE SHALL NOT BE BOUND BY ANY SUCH ERRORS.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Website during the prior twelve (12) months or (ii) ten dollars ($10).
INDEMNITY. You agree to defend, indemnify and hold harmless MediaCrossing, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by MediaCrossing) or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Any claims asserted by you in connection with the Website must be asserted in writing to MediaCrossing within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
SEVERABILITY. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
WAIVER; REMEDIES. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
International Access: Our Web site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Web site. We make no representations regarding the legality of this Web site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
CONTACT INFORMATION. Should you have any questions, you may contact us at firstname.lastname@example.org.