This agreement is between Mediant LLC. ("Mediant") and users of Mediant's products, services, and websites ("You").1. YOUR ACCEPTANCE
2. COMMUNITY GUIDELINES
- Although Mediant may attempt to notify You when major changes are made to the Terms of Service, You should periodically review the most up-to-date version at medianthq.com/privacy_policy. Mediant may, in its sole discretion, modify or revise the Terms of Service at any time, and You agree to be bound by such modifications or revisions.
You may be permanently banned from the Service if You do any of the following:
- Attack or demean individuals or groups,
- Engage in predatory behavior, stalking, harassment, or intimidation,
- Engage in offensive speech,
- Engage in bullying.
You also may be banned if you take any other action that Mediant determines is harmful to the Service or the use of the Service by others, or is in violation of applicable law.3. GENERAL USE OF THE SERVICE
Mediant grants You permission to access and use the Service as set forth in the Terms of Service, provided that:
4. YOUR USE OF CONTENT
- You agree not to alter or modify any part of the Service.
- You agree not to use the Service for any of the following commercial uses unless you obtain Mediant's prior written approval:
- the sale of access to the Service; or
- the sale of advertising, sponsorships, or promotions placed on or within the Service, including any content shared on the Service.
- In your use of the Service, You will comply with all applicable laws.
- Mediant reserves the right to discontinue any aspect of the Service at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of musical content ("Content"):
- Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to Mediant, subject to copyright and other intellectual property rights under the law.
- You may access Content for your personal use solely as intended through the provided functionality of the Service and as permitted under the Terms of Service. You shall not copy, distribute, broadcast, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Mediant or the respective licensors of the Content. Mediant and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Mediant with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Mediant, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
If You purchase products or services directly from Mediant, You authorize Mediant to charge You the applicable fees, including any ongoing charges for subscription renewals, through the designated payment method. You understand and acknowledge that Mediant may adjust the pricing for its products and services in the future and that You will be charged such adjusted fees on a going forward-basis after notice to You from Mediant. If You purchase a subscription from Mediant, your subscription will automatically renew at the end of each subscription term until You cancel the subscription. If You cancel a subscription, Your subscription will terminate at the end of Your current subscription period. You acknowledge that any payments You make to Mediant are non-refundable.
• Our apps contain Weekly, Monthly and Annual subscriptions*
• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
• Payment will be charged to iTunes y of the current period
• Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
• Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable-renewal may be turned off by going to the user's Account Settings after purchase
* Price are equal to the value that "Apple's App Store Matrix" determines is the equivalent of the subscription price in $USD
6. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
If You are an intellectual property owner or agent thereof and believe that any Content on the Service infringes any rights that You own or represent, then You may submit a notification of claimed infringement and we will respond accordingly, using the e-mail firstname.lastname@example.org 7. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIANT ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. MEDIANT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MEDIANT'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE. MEDIANT DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEDIANT 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.8. LIMITATION OF LIABILITY
IN NO EVENT SHALL MEDIANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MEDIANT'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MEDIANT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Mediant from its facilities in The Service is controlled and offered by Mediant from its facilities in Estonia. Mediant makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.