These Terms and Conditions of Use (these "Terms") govern your use of the Mediabong Website. We refer to ourselves in these Terms as "Mediabong," or "we," or "us." Please read these Terms carefully before using the Mediabong Website. By using the Mediabong Website, you signify your assent to these Terms. If you do not agree to these Terms, you may not use the Mediabong Website.
1. Ownership. The content on the Mediabong Website, including text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the MEDIABONG trademark and logo, as well as certain other of the names, logos and materials displayed on or through the Mediabong Website that constitute trademarks or logos ("Marks") are owned by or licensed to Mediabong and are subject to copyright, trademark, and other intellectual property rights under international laws.
2. Use of the Mediabong Website and Content.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Mediabong Website, or any portion of the Mediabong Website, including, without limitation, Content and Marks,
except as authorized by these Terms or as otherwise authorized in writing by Mediabong and its applicable licensors.
You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
You agree that we may use any information we obtain about you through the Mediabong Website.
Prohibited content and activities include, but are not limited to:
(a) Violating any national, or international law or regulation.
(b) Transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
(c) Transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
(d) Knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications equipment.
(e) Stalking, harassing, or harming another individual.
(f) Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
(g) Interfering with or disrupting the Mediabong Website or servers or networks connected to the Mediabong Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Mediabong Website.
(h) Launching any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses the Mediabong Website in a manner that sends more request messages to the Mediabong Website in a given
period of time than a human can reasonably produce in the same period by using a conventional Web browser.
3. Feedback. You further agree that Mediabong and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback ("Feedback"), whether oral or written, that you may send to Mediabong or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Mediabong has no duties to you, with respect to such Feedback.
4. Digital Millennium Copyright Act. Mediabong respects the intellectual property rights of others. Upon proper notice, Mediabong will remove Submissions or other applicable content that violate copyright law.
5. Links to and from other Websites. The Mediabong Website may provide, or third parties may provide, links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that Mediabong is not responsible for the availability of such websites or resources, and Mediabong does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Mediabong 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 content, goods or services available on or through any such website or resource.
6. Disclaimer.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE MEDIABONG WEBSITE IS AT YOUR SOLE RISK. THE MEDIABONG WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEDIABONG AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
WITH RESPECT TO THE MEDIABONG WEBSITE (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND
NON-INFRINGEMENT). MEDIABONG AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH
THE MEDIABONG WEBSITE OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE MEDIABONG WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE MEDIABONG WEBSITE;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
(d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MEDIABONG WEBSITE;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE MEDIABONG WEBSITE BY ANY THIRD PARTY;
(f) AND FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE MEDIABONG WEBSITE.
MEDIABONG AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE MEDIABONG WEBSITE OR ANY LINKED WEBSITE. MEDIABONG AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MEDIABONG WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIABONG OR THROUGH THE MEDIABONG WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEDIABONG OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE MEDIABONG WEBSITE.
8. 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 and disclaimers may not apply to you. To the extent Mediabong may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Mediabong's liability shall be the minimum permitted under such applicable law.
9. Indemnity. You hereby agree to indemnify, defend, and hold harmless Mediabong, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and legal costs) of any kind or nature, arising from or relating to (a) any information (including, without limitation, your Submissions, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Mediabong Website; (b) your (or anyone using your account's) use of the Mediabong Website; (c) your (or anyone using your account's) violation of these Terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Mediabong reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Mediabong in asserting any available defenses.
10. Force Majeure. Under no circumstances will Mediabong be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
11. Termination. If you violate any of these Terms, your permission to use the Mediabong Website and the Content automatically terminates.
12. Modifications to the Mediabong Website. Mediabong reserves the right to modify or discontinue the Mediabong Website with or without notice to you. Mediabong shall not be liable to you or any third party should Mediabong exercise its right to modify or discontinue the Mediabong Website.
13. Other Provisions. These Terms shall be governed by and construed in accordance with the laws of France without giving effect to any conflict of laws rules or provisions. You agree that any action at law or in equity arising from or relating to these Terms, the Mediabong Website, or any software which is made available for download from the Mediabong Website or is ordered through the Mediabong Website shall be filed only in the court located in Paris, France and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Mediabong to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms, together with the Mediabong Privacy Policy, and any other principles, rules, or guidelines posted in connection with the Mediabong Website, are the entire and exclusive agreement between Mediabong and you regarding the Mediabong Website, and these Terms supersede and replace any prior agreements between Mediabong and you regarding the Mediabong Website. Please note that certain end user license agreements govern your use of software which is made available for download from the Mediabong Website or is ordered through the Mediabong Website.
14. Changes to these Terms. From time to time, we may change these Terms. If we decide to change these Terms, in whole or in part, we will inform you by posting the revised Terms on the Mediabong Website. Those changes will go into effect on the Effective Date disclosed at the end of the revised Terms. Your continued use of the Mediabong Website constitutes your agreement to abide by the Terms as revised. If you object to any such revisions, your sole recourse shall be to stop using the Mediabong Website.
