Terms of Service
Overview
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://www.The4Media.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by The 4 Media LLC.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and The 4 Media LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them.
By accessing this website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
Definitions
The terms "us" or "we" or "our" refers to The 4 Media LLC, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as a Member.
A "Member" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on The 4 Media LLC's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on The 4 Media LLC's website;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by The 4 Media LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Restricted Uses
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of The 4 Media LLC without express written consent. You might not use any meta tags or any other "unseen text" utilizing The 4 Media LLC's name or trademarks without the express written consent of The 4 Media LLC.
You agree not to offer or modify any content found on the Website or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of The 4 Media LLC, in any other way that is likely to trigger confusion among consumers, that disparages or challenges The 4 Media LLC or its licensors, that dilutes the strength of The 4 Media LLC's or its licensor's property, or that otherwise infringes The 4 Media LLC's or its licensor's copyright rights.
The 4 Media LLC has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our designated representative. Any code that The 4 Media LLC develops to generate or show any Material of the pages making up the Website is likewise secured by The 4 Media LLC's copyright, and you may not copy or adjust such code.
Electronic Communication
You are connecting with us electronically when you visit the Website or send emails to us. You consent to receive communications from us online. We will communicate with you by email or by posting notifications on the Site.
Your Account
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also agree not to reveal any personally identifiable information, including but not limited to first and last names, credentials, or other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. The 4 Media LLC additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discretion.
The 4 Media LLC does not guarantee the truthfulness, precision, or dependability of Content on the site, including Personal Data. Each individual is accountable for updating and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include commercial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceive as to the origin of the opinions.
If you post an evaluation or send comments, and unless The 4 Media LLC indicates otherwise, you grant The 4 Media LLC a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, translate, create derivative works from, distribute, and display such content throughout the world, in any media. The 4 Media LLC takes no duty and assumes no liability for any content published by you or any third party.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. The 4 Media LLC reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Revisions and Errata
The materials appearing on The 4 Media LLC's Website could include technical, typographical, or photographic errors. The 4 Media LLC does not warrant that any of the materials on its Website are accurate, complete, or current. The 4 Media LLC may make changes to the materials contained on its Website at any time without notice. The 4 Media LLC does not, however, make any commitment to update the materials.
Disclaimer
The materials on The 4 Media LLC's Website are provided "as is." The 4 Media LLC 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. Furthermore, The 4 Media LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.
THE WEBSITE AND ALL CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY THE 4 MEDIA LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE 4 MEDIA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCE SHALL THE 4 MEDIA LLC'S LIABILITY EXCEED $100.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. The 4 Media LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Site Terms of Service Modifications
The 4 Media LLC may revise these Terms of Service for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to The 4 Media LLC's Website shall be governed by the laws of Mississippi without regard to its conflict of law provisions, and you consent to exclusive jurisdiction and venue in such courts.
Indemnity
You agree to defend, indemnify, and hold harmless The 4 Media LLC, its affiliates, and their corresponding officers, directors, agents and employees, from and against any claims, actions or demands, including without limitation reasonable legal, accounting, and other provider charges, arising or resulting from (i) any Content or material you provide to the Site, (ii) your use of any Content, or (iii) your breach of the terms of these Terms. The 4 Media LLC will provide notice to you promptly of any such claim, suit, or proceeding.
General Terms
Our Legal Terms shall be treated as though it were executed and performed in Mississippi and shall be governed by and construed in accordance with the laws of Mississippi without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms 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. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of The 4 Media LLC under our Legal Terms shall survive the termination of our Legal Terms.