Terms and Conditions
- Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and MediaWhiz™ with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
- Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.
- Description of the Site. Subject to the Terms and Conditions, MediaWhiz™ provides users with access to: (a) information and data regarding the online marketing and advertising services and products offered by the various MediaWhiz™ properties (the “MediaWhiz™ Properties”); (b) links to the websites of the various MediaWhiz™ Properties; and (c) the MediaWhiz™ Blog (“Blog”) that contains an interactive format for the dissemination of information and data regarding MediaWhiz™, the MediaWhiz™ Properties, and the online marketing and advertising industry (“Content”), as well as comments and feedback from registered users (“Comments”). You should be aware that these Terms and Conditions for this Site do not govern the websites of the various MediaWhiz™ Properties or the products and/or services offered by or through the various MediaWhiz™ Properties, therefore, you should review the applicable terms and conditions, rules and other policies of those websites. The Content appearing on or available through the Blog is provided for informational purposes only. The Comments are provided by non-affiliated third parties and MediaWhiz™ is in no way responsible for the content, accuracy or propriety of such Comments. MediaWhiz™ shall not be responsible or liable for the accuracy, usefulness or availability of any Comments transmitted or made available via the Blog. MediaWhiz™ reserves the right to prohibit any conduct or remove any Comments that MediaWhiz™ deem, in its sole and absolute discretion, to be in violation of the Agreement or which MediaWhiz™ believes to be illegal, potentially harmful to others, otherwise objectionable or that may expose MediaWhiz™ to harm, damage to reputation or liability. Notwithstanding the foregoing, you understand that and agree that MediaWhiz™ will not be responsible for, and MediaWhiz™ takes no responsibility to monitor or otherwise police, such Comments. You agree that MediaWhiz™ shall have no obligation and incur no liabilities to you in connection with such Comments, including all information and data contained within the Comments appearing on or through the Blog.Unless explicitly stated otherwise, any future information or data made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that MediaWhiz™ is not responsible or liable in any manner whatsoever for your inability to access and/or use the Site or any associated functionality including, but not limited to, your inability to access the websites of the MediaWhiz™ Properties and/or your inability to access or post Comments to the MediaWhiz™ Blog. Notwithstanding anything contained herein to the contrary, you understand and agree that MediaWhiz™ reserves the right at any time to modify or discontinue, temporarily or permanently, the features of the Site including those related to the MediaWhiz™ Properties (or any part thereof) and/or the MediaWhiz™ Blog with or without notice to you. If MediaWhiz™ terminates the Agreement, MediaWhiz™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with MediaWhiz™.
- License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. MediaWhiz™ may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site including, but not limited to, the Blog may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. MediaWhiz™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on MediaWhiz™ infrastructure. Your right to use the Site is not transferable.
- Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The “MediaWhiz™” name and logo, as well as the names and logos of the MediaWhiz™ Properties, are trademarks of MediaWhiz™. All other trademarks appearing on the Site are the property of their respective owners. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MediaWhiz™ is prohibited. The posting of information or material on the Site by MediaWhiz™ does not constitute a waiver of any right in such information and/or materials.
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site, including any documents, information or other content appearing on the Blog.
- Legal Warning. Any attempt by any individual, whether or not a MediaWhiz™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and MediaWhiz™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
- Indemnification. You agree to indemnify and hold harmless MediaWhiz™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your use of the Blog; (c) your breach of the Agreement; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of MediaWhiz™, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- Disclaimer of Warranties. THE SITE, THE BLOG AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MEDIAWHIZ™ MAKES NO WARRANTY THAT: (A) THE SITE, THE BLOG AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE AND/OR THE BLOG WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR ANY OF THE PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE SITE; (D) ANY RESULTS THAT MAY BE OBTAINED IN ASSOCIATION WITH ANY PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE SITE WILL BE ACHIEVED IN FULL OR IN PART BY USING SUCH PRODUCTS AND/OR SERVICES; AND/OR (E) ANY CONTENT, COMMENTS OR OTHER MATERIAL APPEARING ON OR AVAILABLE THROUGH THE BLOG WILL BE ACCURATE, AVAILABLE AND/OR USEFUL. THE SITE AND/OR THE BLOG MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE AND/OR THE BLOG. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIAWHIZ™ OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDIAWHIZ™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEDIAWHIZ™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE AND/OR THE BLOG; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR THE PRODUCTS AND/OR SERVICES, OR ANY DENIAL OF ASSOCIATED PRODUCTS AND/OR SERVICES OFFERED BY ANY OF THE MEDIAWHIZ™ PROPERTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY PERSONALLY IDENTIFIABLE INFORMATION ENTERED ON THE SITE; AND (E) ANY OTHER MATTER RELATING TO THE SITE, THE BLOG AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON OR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE MEDIAWHIZ™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF MEDIAWHIZ™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE MEDIAWHIZ™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MEDIAWHIZ™. THE SITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WOULD NOT BE WITHOUT SUCH LIMITATIONS.
- Third Party Websites. The Site may provide, or may refer you to, links to third party Internet websites and/or resources. Because MediaWhiz™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that MediaWhiz™ is not responsible for the availability of such third party websites and/or resources. Furthermore, MediaWhiz™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
- Miscellaneous. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and MediaWhiz™ and governs your use of the Site and/or the Blog, superseding any and all prior and/or contemporaneous agreements between you and MediaWhiz™. To the extent that anything in or associated with the Site and/or any MediaWhiz™ offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and MediaWhiz™ Properties’ terms and conditions, insofar as the MediaWhiz™ Properties are concerned, the applicable MediaWhiz™ Properties’ terms and conditions shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
- Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please contact us at email@example.com.