Meister Media

Terms of Use

July 15, 2013

These Terms of Use apply to your use of each website owned and operated by Meister Media Worldwide, with offices at 37733 Euclid Avenue, Willoughby, OH 44094. Each such website (“Site”) and its content are copyright © 2011 Meister Media Worldwide. The terms “MMW,” “Company”, “we,” “us” and “our” refer to Meister Media Worldwide and its subsidiaries or divisions.

General. These Terms of Use apply to anyone who visits, makes purchases on, or otherwise uses the Site. By accessing and using the Site, you indicate your acknowledgement and acceptance of these Terms of Use. If you do not agree with these Terms of Use, you should not use any MMW site. MMW reserves the right, in its discretion, to modify these Terms of Use without notice to you at any time, effective immediately upon publication of such modified Terms of Use at this address. Your continued use of the Site after any such modification constitutes your acceptance of such modified Terms of Use. When using certain services on the Site, you and we will be subject to any posted guidelines or rules applicable to such services, which may be posted and updated from to time. All such guidelines and rules are hereby incorporated by reference into these Terms of Use.

Ownership of Content. Unless otherwise noted, all materials displayed or made available on the Site, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips, audio clips and podcasts, are the property of MMW or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on the Site is the exclusive property of MMW and is also protected by United States and foreign intellectual property laws. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved. All trademarks, service marks, brand names and logos used on the Site, whether registered or unregistered, are trademarks or service marks of MMW except as otherwise noted. You may not use any such marks, or any confusingly similar marks, including as part of any trademark, service mark or domain name, without the express written permission of MMW.

Reprints and Copies. You may not download content on the Site that is indicated to be for sale except under the terms of sale specified on the Site.

You may download or copy the content displayed or made available on the Site for personal use only, provided that you may not remove or alter any copyright and other notices associated with such content. Except as provided above, no copying, storage, redistribution, modification or publication of any content on the Site is permitted without prior written permission from MMW. Without limiting the foregoing, you may not edit, modify, incorporate advertising or other content into, or redistribute any podcast or other content supplied by MMW, nor may you place advertising in such a manner that it would be associated with MMW content or targeted toward users of the Site.

Libraries and others registered with the Copyright Clearance Center may obtain permission to reprint material from the Site for their internal use or for internal use by their clients, in return for a modest fee. To inquire about reprints, please contact:

Copyright Clearance Center, Inc.,
222 Rosewood Drive
Danvers, MA 01923
Phone: (978) 750-8400
Fax: (978) 646-8600
www.copyright.com

No Endorsement. Neither the mention of a product name or product or service provider, nor the acceptance of advertising on the Site, constitutes an endorsement of, or any representation regarding, any such product, its performance, any such provider or advertiser, their products or services, or any claim stated in any such advertising.

Links to Other Sites. The Site may contain links to other sites on the Internet, which are owned and operated by third parties (the “External Sites”). You acknowledge that MMW is not responsible for the availability of, or the content located on or through, any External Site. Any such link does not constitute an endorsement of, or any representation regarding, the External Site, its content, its owner, its performance, or its owner’s products or services. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Links from Other Websites. You may link to any page of the Site subject to the following conditions:

  • You do not replicate the home page of the Site;
  • You do not create a frame or any other browser or border environment around any part of the Site;
  • You only link to freely available content (and not link to any content that is sold or is made available only to users with a username and password or other registrationprocess);
  • You do not in any way imply any endorsement by MMW, other than with its written consent, or otherwise misrepresent your relationship with MMW.

Acceptable Use – User-Generated Content: Submissions including Comments, Reader Reveiws, and More. Any content posted on the Site by users reflects the views of the user posting the statement, and does not represent the views of MMW or its advertisers or sponsors. MMW makes no representation regarding the accuracy, timeliness, completeness or reliability of any such content, and you acknowledge that any reliance upon such content shall be at your sole risk.

(a) By submitting ideas, suggestions, documents, comments, forum messages, reviews, text, video, audio, photographs, computer code, and/or proposals (“Submissions”) to MMW, whether through its suggestion or feedback web pages, via email, by posting user-generated content on the Site, or otherwise, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) MMW is not under any obligation of confidentiality, express or implied, with respect to any Submission; (c) MMW may have something similar to the Submissions already under consideration or in development; (d) your Submissions are subject to the license granted below; and (e) you are not entitled to any compensation or reimbursement of any kind from MMW in connection with any Submission under any circumstances.

(b) You grant MMW a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for MMW or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, including on the Site, on our RSS feeds, or in our APIs, any Submission you make, including any Submission posted on any MMW site through a third party. You waive any right you may have to prevent or object to any such action.

(c) The Site shall be used only in a noncommercial manner. You shall not, without the express approval of MMW, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

(d) You shall not upload to, or distribute or otherwise publish on the Site anything that violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that violates any contractual right, of any other party.

(e) You shall not upload to, or distribute or otherwise publish on the Site anything containing viruses or other contaminating or destructive features.

(f) You shall not upload to, or distribute or otherwise publish on the Site any libelous, defamatory, obscene, pornographic, abusive, harassing, threatening or otherwise illegal material.

(g) Be courteous. You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages, or “spam.”

(h) Use respectful language. As in any community, the online conversation flourishes only when our users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Site.

(i) Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. MMW encourages active discussions and welcomes heated debate on the Site. But personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of access to all or part of the Site.

(j) You are solely responsible for the content of your Submissions. However, while we do not and cannot review every Submission and are not responsible for the content of these messages, MMW reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. MMW shall have the right, but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.

Other Conduct. You also agree to abide by the following rules for use of the Site.

(a) You may not use the Site in such a manner as to violate any applicable law.

(b) You may not use the Site or any hardware, software, or equipment of MMW for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to MMW or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.

(c) You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of MMW.

You should report any violations of these Terms of Use to MMW at commentingabuse@meistermedia.com.

Registration and Security. In order to take advantage of certain portions of the Site, it may be necessary for you to register and create an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity.

(a) You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password, including any purchases.

(b) You may not (1.) select or use the user ID of another person with the intent to impersonate that person; (2.) use any user ID in which another person has rights without such person’s authorization; or (3.) use any user ID that MMW, in its sole discretion, deems offensive. Failure to comply with the foregoing rules may result in immediate termination of your account.

(c.) You shall notify security@meistermedia.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

Termination of Service. MMW reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. We may change, suspend, discontinue, or impose limitations or conditions on any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.

Digital Millennium Copyright Act (“DMCA”) Notice. Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All such notices should be sent to our designated agent as follows:

Meister Media Worldwide Attn: General Counsel
37733 Euclid Avenue
Willoughby, OH 44094 (440) 942-2000
Email: copyrights@meistermedia.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Equitable Relief. You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, MMW shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

Disclaimer of Warranties. THE SITE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE SPECIFIED IN WRITING, ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MMW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE ALL INFORMATION AND CONTENT INCLUDED ON THE SITE, AND, UNLESS OTHERWISE SPECIFIED IN WRITING, WITH RESPECT TO ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE. MMW MAKES NO WARRANTY THAT (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, “TROJAN HORSES,” OR OTHER MALICIOUS CODE; (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (d) THAT ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED. No information or advice obtained through the Site, or any other affirmation of MMW, by words or actions, shall constitute a warranty.

You use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. MMW assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site or any material found on the Site, or any other site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site.

IN NO EVENT SHALL THE LIABILITY OF MMW ARISING IN CONNECTION WITH OR UNDER THESE TERMS OF USE EXCEED THE AMOUNT PAID OR PAYABLE BY YOU TO MMW FOR ANY PURCHASE MADE THROUGH THE SITE, OR, IF NO PURCHASE WAS MADE, ONE HUNDRED DOLLARS ($100). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

Disclaimer of Consequential Damages. IN NO EVENT SHALL MMW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, (a) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON MMW IN CONNECTION WITH THESE TERMS OF USE; (b) THE USE OF OR INABILITY TO USE THE SITE; AND (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ELSEWHERE, OR YOUR RELIANCE ON THE SAME. “Consequential damages” include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.

MMW shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond MMW’s reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold harmless MMW, its affiliates, successors, advisors and licensors, and their respective directors, officers, shareholders, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of the Terms of Use, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third party claims arising as a result of your use of the Site or reliance upon any information found on the Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Governing Law. These terms of Use shall be governed by and construed under the laws of the State of Ohio, without regard to its conflicts of laws principles. Except as set forth in the “Equitable Relief” provision of these Terms of Use, the sole jurisdiction and venue of any action related to these Terms of Use shall be the Ohio state courts and the United States federal courts in Cuyahoga County, Ohio, and you agree to submit to the personal and exclusive jurisdiction of these courts.

General Provisions. All the terms of these Terms of Use shall apply to and bind your assignees and successors in interest and those of MMW. These Terms of Use are not assignable by you without the prior written consent of MMW. The waiver by MMW of any breach or default shall not be deemed to be a waiver of any other breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms of Use is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms of Use.

Contacts. Should you have any questions about the Site or these Terms of Use, you may contact us at info@meistermedia.com.