1. Media Content
3. Your Obligations and Conduct
3.1 You agree that You will not use the Website to:
- (a) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Media Content or User Content transmitted through the Website;
- (b) engage in any activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law;
- (c) violate or infringe anyone's intellectual property rights;
- (d) transmit 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) injure the interests of MediaNet or other users of the Website;
- (f) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; or
- (g) stalk or otherwise harass another.
3.2 You agree that You will not attempt to gain unauthorized access to the Website or any portion or feature of the Website, or any other systems or networks connected to the Website or to any of Our servers.
3.3 You agree that You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the site.
3.4 You agree that You may not take any action that imposes an unreasonable load on the Website or on Our infrastructure or networks or any networks connected to the Website.
3.6 You acknowledge that We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
4. Music and Video Services
MediaNet may offer certain music and video services through the Website ("Services"). and Your use of these Service may be governed by other agreements. We recommend that You review such agreements by following this link.
5. Links to Third Party Sites
Any links to the Internet sites of third parties are provided solely for Your convenience and such sites are not owned or operated by MediaNet. MediaNet has no control over any linked third party sites, is not responsible for the content on such sites, and makes no representations or warranties with respect to such sites. If You click through to a third party's site, You do so at Your own risk.
6. Intellectual Property Rights
6.1 All Media Content, including, without limitation, downloads, streams or samples, accessible through the Website as well as the design, selection, arrangement, "look and feel" and coordination of such Media Content on the Website is owned or licensed by or to Us and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws.
6.3 Except as expressly provided herein, You are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Media Content. You must not modify, decompile, or reverse engineer any software We disclose to You and You must not remove or modify any copyright or trademark notice, or other notice of ownership. Subject to any rights granted to You herein, You acknowledge and agree that no right, title or interest in any content or the Website is transferred to You as a result of Your use of the content, Website, or Services. We reserve all rights not expressly granted hereunder.
6.4 Copyright. We respect the copyright of others, and We ask You to do the same. We may, in appropriate circumstances and at Our discretion, disable and/or terminate the access of users who may be repeat infringers. If You believe that intellectual property may have been or is being infringed with respect to any items made available through the MediaNet Service, please notify Us pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c) by providing the following information to our designated agent:
- an electronic copy or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone numbers and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon receiving proper notice, We will take prompt action. Such written notice should be sent to our designated agent as follows:
MediaNet Digital, Inc.
1697 Broadway, 10th Floor
New York, NY 10019
Telephone: (212) 704-0280
Facsimile: (212) 759-9783
All information must be included in the notice to be effective.
PLEASE NOTE THAT UNDER SECTION 512(F) OF THE DMCA, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY.
6.5 Trademark. MediaNet, MediaNet Digital, MNDigital.com, Performance by MediaNet are trademarks or service marks of MediaNet. All other trademarks or service marks are property of their respective owners. Use of any MediaNet's trademarks or service marks without MediaNet's express written consent is strictly prohibited.
7. Term and Termination.
8. Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS MAKE NO WARRANTY THAT (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OUR SERVICES WILL BE ACCURATE OR RELIABLE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH US FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THE LICENSE. NO USE OF THE MN OPEN APPLICATION IS AUTHORIZED HEREUNDER EXCEPT PURSUANT TO THESE DISCLAIMERS.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOUR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE OUR SERVICE.
Date: November 17, 2011