You own your content and branded assets. You grant LMS MEDIA-Managed unrestricted rights to use your content and brands and according to the Terms herein. The Terms are meant to limit liability of all parties. The best case scenario is when everything goes according to plan. The worst case scenario may diplomatically be described as unforeseen events. The most likely scenarios are somewhere in between. In the event you choose to move your assets please let us know so we can help you package your assets for transfer and let you know where to get the software license(s) where applicable.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the Terms of this agreement. If you do not agree to all the Terms of this agreement, then you may not access the Website or use any services. If these Terms are considered an offer by MEDIA Managed, acceptance is expressly limited to these Terms. The Website is available only to individuals who are at least 18 years old.
You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products are property of MEDIA Managed. Our products are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.
Your MEDIA Managed Client Account.
If you create a Client account with MEDIA Managed, or we create one for you, you are responsible for maintaining the security of your Client account and site, and you are fully responsible for all activities that occur under the Client account and any other actions taken in connection with the site. You must not describe or assign keywords to your advertising or site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MEDIA Managed may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MEDIA Managed liability. You must immediately notify MEDIA Managed of any unauthorized uses of your Client account or any other breaches of security. MEDIA Managed will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a website, comment on a website, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, ‘Content and/or Advertising’), You are entirely responsible for the content of, and any harm resulting from, that Content and/or Advertising. That is the case regardless of whether the Content and/or Advertising in question constitutes text, graphics, an audio file, or computer software. By making Content and/or Advertising available, you represent and warrant that:
- the downloading, copying and use of the Content and/or Advertising will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content and/or Advertising, and have done all things necessary to successfully pass through to end users any required terms;
- the Content and/or Advertising does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content and/or Advertising is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content and/or Advertising is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content and/or Advertising that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MEDIA Managed or otherwise.
By submitting Content and/or Advertising to MEDIA Managed, you grant MEDIA Managed a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content and/or Advertising solely for the purpose of displaying, distributing and promoting your site. If you delete Content and/or Advertising, MEDIA Managed will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content and/or Advertising may not be made immediately unavailable.
Without limiting any of those representations or warranties, MEDIA Managed has the right (though not the obligation) to, in MEDIA Managed’s sole discretion (i) refuse or remove any content that, in MEDIA Managed’s reasonable opinion, violates any MEDIA Managed policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MEDIA Managed’s sole discretion. MEDIA Managed will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment.
By selecting any optional Client upgrade or premium service you agree to pay MEDIA Managed the fee for service or monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a term, monthly or annual period as indicated. Premium service fees are not fully refundable after 30 days.
Responsibility of Website Visitors.
MEDIA Managed has not reviewed, and cannot review, all of the material, including advertising and/or other content posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MEDIA Managed does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. Due to rapid change of technology and content the Website may contain technical inaccuracies, typographical mistakes, and other errors. MEDIA Managed disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through advertising, websites and Web Pages to which MEDIA Managed links, and that link to MEDIA Managed. MEDIA Managed does not have any control over those non- MEDIA Managed websites and Web Pages, and is not responsible for their contents or their use. By linking to a non- MEDIA Managed website or web page, MEDIA Managed does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. MEDIA Managed disclaims any responsibility for any harm resulting from your use of non- MEDIA Managed websites and Web Pages.
Copyright Infringement and DMCA Policy.
As MEDIA Managed asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MEDIA Managed violates your copyright, you are encouraged to notify MEDIA Managed. MEDIA Managed will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MEDIA Managed or others, MEDIA Managed may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MEDIA Managed will have no obligation to provide a refund of any amounts previously paid to MEDIA Managed and may act without notice.
This Agreement does not transfer from MEDIA Managed to you any MEDIA Managed or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MEDIA Managed. MEDIA Managed, the MEDIA Managed logo, and all other trademarks, service marks, graphics and logos used in connection with MEDIA Managed, or the Website are trademarks or registered trademarks of MEDIA Managed or MEDIA Managed’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MEDIA Managed or third-party trademarks.
MEDIA Managed reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MEDIA Managed may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms of this Agreement.
MEDIA Managed may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MEDIA Managed Client account (if you have one), you may simply discontinue using the Website or service. Notwithstanding the foregoing, if you have a Client account, such Client account can only be terminated by MEDIA Managed if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MEDIA Managed notice to you thereof; provided that, MEDIA Managed can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
Materials on the MEDIA Managed web site are provided ‘as is’. MEDIA Managed makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MEDIA Managed does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will MEDIA Managed, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MEDIA Managed under this agreement during the twelve (12) month period prior to the cause of action. MEDIA Managed shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless MEDIA Managed, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
Client submission of a testimonial includes and does not exclude irrevocable consent to the unrestricted use by LMS MEDIA-Managed, its successors and assigns, of the Client testimonial and name, and (if applicable) all images, audio, video of the Client which the Client have or have been provided to the client, for all purposes, including without limitation, audio, video, art, editorial, advertising, and all media derivatives, or trade without further compensation to the client.
The Client hereby waives any right to inspect or approve the finished media, photograph, advertising copy, Website, or printed matter that may be used in conjunction therewith, or to the eventual use that it may be applied.
In connection with the foregoing, the Client hereby releases and holds harmless LMS MEDIA-Managed and each of the above from all liability, claims, demands and causes of action which the Client, the Client heirs, the Client representatives, the Client executors, the Client administrators or any other persons acting on behalf of the Client, or on behalf of the estate of the Client have, or may have, by reason of this authorization.
The Client warrants that the Client is providing this testimonial as an individual, and that this agreement constitutes the sole, complete and exclusive agreement between the Client and LMS MEDIA-Managed and the Client is not relying on any other representation whether oral or written.
If you have any questions regarding these Terms or your dealings with our website, please contact us here: http://media-managed.com/contact/
3969 Sherbourne Street, Victoria, B.C.