Last updated/Effective Date: December 31, 2024
PRIVACY POLICY: https://mediaco.biz/privacy-policy/
1. INTRODUCTION AND ACCEPTANCE
Welcome to Star Magazine, which is operated by MediaCo, LLC (collectively, “Website,” “we,” “us” or “our”). The singular term “Website” includes all websites and web pages within the Website as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Website. We are based in the United States and our Services are hosted in the United States.
This Terms of Use Agreement, including any future modifications (the “Agreement”), governs your use of the Website, applications, music and video services, community pages, message boards, messaging services, mobile services, text messaging campaigns, sweepstakes and contests, promotions, and any other features, content, promotions, games or applications offered from time to time by us that link or otherwise refer users to this Agreement (collectively, the “Services”).
The Website and our Services are provided for your personal enjoyment and entertainment.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME) AND USING OUR SERVICES, YOU ARE AGREEING TO COMPLY WITH ALL TERMS INCLUDED IN THIS AGREEMENT, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. SUCH CHANGES BECOME EFFECTIVE IMMEDIATELY AND IF YOU USE THE WEBSITE AFTER THEY BECOME EFFECTIVE IT WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK BACK FREQUENTLY AND REVIEW THIS AGREEMENT REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE WEBSITE OR OUR SERVICES.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: BY USING THIS WEBSITE, OUR SERVICES AND/OR ACCEPTING THIS AGREEMENT, YOU AND WE ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN US THROUGH A DISPUTE RESOLUTION PROCEDURE DESCRIBED IN THE ARBITRATION SECTION BELOW. YOU AND WE WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW CAREFULLY THE ARBITRATION SECTION BELOW TITLED “INFORMAL DISPUTE RESOLUTION PROCEDURE, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” FOR DETAILS REGARDING THIS DISPUTE RESOLUTION PROCEDURE (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
You agree that this Agreement is supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website, the materials and information available on it and our Services, and the possibility of publication or publicity of your User Content, as “User Content” is defined below.
In addition to this Agreement, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here: https://mediaco.biz/privacy-policy/ and is incorporated by reference into this Agreement. By accessing or using the Website or our Services, you are also signifying your acknowledgement and agreement to our Privacy Policy.
We are providing the Website and our Services in the United States of America. We do not represent that the content of the Website or our Services are appropriate (or, in some cases, available) for use in other locations. If you use the Website from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Website. By using or attempting to use the Website or our Services, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Website.
2. INTELLECTUAL PROPERTY
The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in this Agreement, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in this Agreement are expressly reserved.
3. WEBSITE ACCESS AND USE
Access to the Website including, without limitation, the Website Content is provided for your information, enjoyment and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in this Agreement, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
Furth, except as expressly permitted by this Agreement, you may not:
Further, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of this Agreement.
4. USER REGISTRATION
In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information.
If you become a registered user, you will provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at privacy@mediaco.biz of any breach of security or unauthorized use of your Membership.
USER CONTENT
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website or our Services will not be permitted.
By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, affiliates, and related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and this Agreement.
By submitting User Content, you also grant us the right, but not the obligation, to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.
Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
5. ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our (and third party) advertisers, sponsors, or promotional partners as a result of your use of the Website or the Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts, or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). We take no responsibility for third party advertisements which are posted on the Website or other in our other Services. We also do not take any responsibility for the goods or services provided by our advertisers.
Additionally, we participate in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites.
6. E-Commerce
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from or through the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice.
We make every effort to ensure the accuracy of the prices of any products available to you on our Website or through our Services. When errors are discovered, we will correct them. Be advised that we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover a pricing error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded back the full amount of your order. You will be notified via email if your order has been canceled and be given the opportunity to place the order at the correct price. Please note that individual bank policies vary when the amount is credited back to your account. Prices and availability are subject to change without prior notice.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE OR OUR SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR A PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You should not use the information on this Website for diagnosis or treatment of any health problem or for prescriptions of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided with a product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
We may provide users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from us, either by registering on this Website or via their wireless device. Such services and promotional opportunities are provided by the Advertisers or other third parties. The information requested as part of the online registration process is a user’s telephone number or a wireless email address, but only if specifically requested, and the carrier’s name. Optional information may be requested for specific promotions, such as a user’s preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy.
Users that register for the wireless marketing services acknowledge, understand and agree that they will be charged by their wireless carrier for all messages sent to the user from us or our partners. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.
You understand, acknowledge and agree that we may, in our sole discretion and without liability to any user, terminate any offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Website.
8. CONTESTS, SWEEPSTAKES, AND PROMOTIONS
From time to time, we, or our service providers, suppliers, Advertisers, and other third parties may conduct promotions on or through the Website or our other Services, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
9. MAGAZINE SUBSCRIPTIONS
All subscription account payments are non-refundable and subject to applicable sales tax. For customers paying by check, payment may be converted to an electronic Automated Clearing House (ACH) debit transaction. The debit transaction will appear on your bank statement, although your check will not be presented to your financial institution or returned to you. This ACH debit transaction will not enroll you in any automatic debit process and will only occur each time a check is received. Any re-submissions due to insufficient funds may also occur electronically. Please be aware that all checking transactions will remain secure and payment by check constitutes acceptance of these terms.
10. WEBSITE CONTENT & THIRD PARTY LINKS
We provide the Website including, without limitation, Website Content and our Services for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any part of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Website, us, and our officers, directors, members, employees, parents, partners, successors, agents, affiliates, subsidiaries, and related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
11. INDEMNIFICATION
You agree to indemnify and hold harmless the Website, us, and our officers, directors, members, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of this Agreement; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
12. DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, WEBSITE CONTENT AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, US, AND OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
13. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES OR THE WEBSITE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THIS AGREEMENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT, OR OUR SERVICES IS TO STOP USING THE WEBSITE OR OUR OTHER SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE WEBSITE, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY THE ABOVE LISTED PARTIES DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
14. TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website or our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of this Agreement. You agree that we, the Website, our officers, directors, members, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website or the Services.
Any suspension or termination shall not affect your obligations to us under this Agreement. The provisions of this Agreement which by their nature should survive the suspension or termination of your Membership or this Agreement shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set forth below.
15. COPYRIGHT POLICY
We respect the intellectual property rights of others, and we ask that users of the Website and our Services do the same. We will respond expeditiously to claims of copyright infringement and reserve the right to remove or disable access to any User Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of Section 512(c)(3) of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) as set forth below. To the extent that a registered user or anyone using the Website or any of our Services is deemed a repeat infringer, we reserve the right to terminate the availability of the Website or our Services to that user.
If you believe that any material residing on the Website or linked to the Services infringes your copyright, you must send our designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website or Services (such as the URL(s) of the claimed infringing material);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
(d) 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;
(e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and
(f) your physical or electronic signature. Our Designated Agent for notification of claimed infringement can be as follows:
MediaCo LLC
Attn: General Counsel
45 Rockefeller Plaza, Suite 2000
New York, NY 10111
E-Mail: DMCA@mediaco.biz
This contact information is exclusively for the purpose of notifying us of claimed infringement. Please be advised that requests sent to the Designated Agent without the appropriate subject line or for purposes other than communication about copyright claims may not be reviewed or responded to.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
If you posted material to the Website or Services that we removed due to a notice of claimed infringement from a copyright owner, we will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Website or other Services or by written or electronic communication to such address(es) you have provided to us, if any.
You may provide counter-notification in response to such notice in a written communication directed to the Designated Agent as described above, that includes the following:
(i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and
(iv) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages. Please do not make false claims.
16. Informal Dispute Resolution Procedure, Arbitration Agreement and Class Action Waiver
So that we can maintain the ability to offer you and other users the Services, you and we agree to the following mechanisms for resolving any Dispute between us:
(1) Dispute. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and us that arises from or in any way relates to or concerns any Website Content, the Website or services provided by us, including but not limited to the Services (as defined above), this Section, any other aspect of this Agreement or any prior versions of this Agreement (including their applicability and their conformance to applicable law), and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Section are that: (i) you and we each retain the right to sue in small claims court; (ii) you and we each may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights; and (iii) you and we each may bring suit in court to determine the enforceability of Sub-Section (2) and/or Sub-Section (11).
17. CHOICE OF LAW; JURISDICTION AND VENUE
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and we agree to submit to the exclusive jurisdiction of the courts located in New York, New York, unless otherwise mandated by law, to resolve any Dispute arising out of the Agreement, the Website or the Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
18. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
19. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
20. AMENDMENT; ADDITIONAL TERMS
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify this Agreement. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
Modifications to this Agreement or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Agreement and the Website from time to time for any changes or Additional Terms. Your access and use of any of the Website following any modification of this Agreement or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Agreement or to any Additional Terms, immediately discontinue use of the Website, our Services and, if applicable, terminate your Membership.
21. MISCELLANEOUS
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of this Agreement is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
This Agreement (including the Privacy Policy and any Additional Terms incorporated by reference) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between us with respect to such subject matter.
You may not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign this Agreement or any rights hereunder without your consent and without notice.
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