Terms Of Use
MediaHound Partners, LP ("MediaHound," "we," "us", or "our") welcomes you to its website at the address http://MediaHound.com (the "Website"). Please read the following terms and conditions ("Terms of Use") carefully.
By using this Website and the Service, you agree that you have read and understood the Terms of Use, including the terms available by hyperlink in the Privacy Policy (collectively, the "Terms of Use"), and you agree to be bound by them and to comply with all applicable laws and regulations regarding the use of this Website and the Service. If you do not agree to the Terms of Use, please do not enter or use the Website or Service.
By posting the amended Terms of Use on this Website, We reserve the right to, at any time to: (a) modify or discontinue, temporarily or permanently, the operation of this Website (or any part thereof) without notice; or (b) charge fees for the use of this Website. By continuing to use the Website after any such changes, you accept and agree to such changes. You agree that MediaHound shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of this Website. All new features made available through this Website that were not available as of the "Last Revised" date above, shall automatically become subject to these Terms of Use.
The Service
MediaHound provides registered users ("Members") with the ability to search titles across our expansive database, receive recommendations through playlists, create playlists, and share links to movie and television show details (the "Service").
Member's Account
To become a Member you must be at least 13 years old. In order to use the Service you must select a username and password and create an account or connect via Facebook. You agree that the information you supply during the registration process will be accurate, and that you will not register under the name of another person, or attempt to use the Website through another person's account. MediaHound reserves the right to reject or terminate any user name which we decide is unacceptable. You are responsible for maintaining the confidentiality of your sign-in information and will notify us of any known or suspected unauthorized use of your account. You are solely and fully responsible for all activities that occur under your account. You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements for written communication.
Use of The Website And The Service
You are granted a personal non-commercial, limited, nonexclusive and revocable license to use the Service and the Content provided in the Website, including, materials, information, descriptions, links, specialized content, documentation, data, graphics and other features and services (collectively, "Materials"). Please note that if you are interested in making commercial use of the Service you must contact us at legal@mediahound.com or send a postal correspondence to10736 Wagner Street, Culver City, CA 90230.
User Generated Material
As a Member of the Website you are able to post various content including Playlists, images and other text material via the Service (collectively "Member's Material"). You are solely responsible for any and all Member's Material posted, transferred or uploaded by you or under your username or account. MediaHound has the right, but no obligation, to remove upon its sole discretion any Member's Material for any reason, including if MediaHound suspects or believes that the Member's Material is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise violates any third-party's rights, including intellectual property, or the Terms of Use.
You retain all of your ownership rights to your Member's Material. However, by submitting or uploading your Member's Material to the Website, you hereby grant MediaHound a worldwide, non-exclusive (meaning you are free to license your Content to anyone else in addition to MediaHound), perpetual, royalty-free (such that MediaHound is not required now or in the future to pay you for the use of the Content that you post on the Website), sub-licensable (MediaHound can sub-license its rights under this Terms of Use to any third-party of its choice) and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, and perform the Member's Material only in connection with the Website and MediaHound's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
You further agree not to take action against MediaHound in relation to Member's Material that you submit, and you agree to indemnify MediaHound if any third-party takes action against MediaHound in relation to the Member's Material you submit. The above license granted by you terminates within a commercially reasonable time after you remove or delete your Member's Material from the Website. You understand and agree, however, that MediaHound may retain, but not use, display, distribute, or perform, server copies of Member's Material that have been removed or deleted.
Use Restrictions
You may not (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website, the Service or Material in any way; (ii) create a browser or border environment around the Website and/or Service (no frames or inline linking is allowed); (iii) interfere with or disrupt the operation of this Website and/or the Service, or the servers or networks that host the Website and/or the Service or make this Website and/or the Service available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers, or networks; (iv) interfere with or violate any other users' or Members' right to privacy or other rights, and/or harvest or collect personally identifiable information about other Members without their express consent and/or harvest or collect any kind of information from within the website, including by using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index and/or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others including Members or users, or include such unlawful, hateful, obscene, indecent, or otherwise illegal content in the Member's Material posted, transferred or uploaded by you on or through the Website; (vi) impersonate any person or entity, including, but not limited to, any MediaHound agent or representative, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that MediaHound endorses you, your website, your business or any statement you make, or present false information about the Service or the Website on any other website you linked via the Website; (vii) create, transfer or send unwanted or unsolicited commercial E-mail (spam) to other users or Members via the Website or to any third-party using the Website or Service; (viii) transmit or otherwise make available in connection with this Website any virus, worm, Trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (ix) provide false, inaccurate or misleading information during the account creation process or in any of the Member's Material posted, transferred or uploaded by you on or through the Website or the Service; (x) post, transfer or upload on or through the Service any Member's Material which infringes any third-party intellectual property rights, including trademarks, copyright and patent rights, or other propriety rights, or contain any unlawful material including presence of illegal pornography of any kind; (xi) violate any law, statute, ordinance or regulation, including, but not limited to, those governing import / export control, consumer protection, unfair competition, anti-discrimination or false advertising; or (xiii) use the Service or the Website for any illegal or unauthorized purpose. Your failure to comply with the provisions set forth herein may result in the termination of your account and access to the Service and Website, and may expose you to civil and/or criminal liability.
Links
Linking to MediaHound's Website: We welcome links to any page on our Website. You are free to establish a hypertext link to the Website so long as the link does not state or imply any connection or approval of your website by MediaHound, and does not portray MediaHound in a false or otherwise offensive manner. We do not permit framing or inline linking. Linking to third party's websites: Certain links provided in the Website permit you to leave the Website and enter non-MediaHound World Wide Web sites or resources. These linked sites are provided solely for your convenience. These linked sites are not under the control of MediaHound and MediaHound is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content advertising products or other materials, on or available from, such linked sites or any link contained in a linked site. MediaHound reserves the right to terminate any link at any time. You further acknowledge and agree that MediaHound 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 such content, goods or services available on or through any such linked sites or resource.
Intellectual Property Rights
The Website, the Service and the Material content on the Website, including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, button icons, images, audio clips, digital downloads, data compilations, interactive features and the like, excluding Member's Content and the trademarks, service marks and logos contained therein (collectively "Intellectual Property"), are the sole property of MediaHound or its licensors and subject to copyright, trademark, and other intellectual property rights under United States, foreign laws and international conventions. Except for the limited licenses expressly granted to you in this Terms of Use, MediaHound expressly reserve all other rights and you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property without the prior express written permission of MediaHound.
You may not use any trademark or service mark appearing on this Website without first obtaining written consent from its owner. MediaHound is a registered trademark, and the MediaHound logo and other marks indicated on our Website are trademarks of MediaHound internationally.
Privacy Policy
We respect your privacy and we are fully committed to protecting the personal information you share with us. MediaHound policy and practices and the type of information collected, are described in our Privacy Policy.
Copyright Agent
At MediaHound, we aim to respect the intellectual property rights of others. If you believe that your work appears on MediaHound in a way that constitutes infringement of your intellectual property, please provide our copyright agent with the following written information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to enable MediaHound to locate the material; (d) your full name, email address, mailing address and a telephone number at which you can be reached; (e) a statement by you that you have a good-faith belief that use of the material in the manner stated is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the work or right that is allegedly infringed. MediaHound's copyright agent can be reached at: legal@mediahound.com.
Termination
Your right to use the Website and the Service will be suspended or terminated immediately without notice by MediaHound if you fail to comply with any term or provision of these Terms of Use. MediaHound may also terminate your access to all or any part of the Website and Service at any time, or move or suspend the Website or the Service, upon its sole discretion, with or without notice, effective immediately. You can also choose to terminate your account at any time, by emailing hello@mediahound.com.
Indemnification
You agree to indemnify, defend and hold harmless MediaHound (including its affiliates, subsidiaries, partners or licensors or any of their respective officers, directors, employees and/or agents) from and against all claims, losses, expenses, damages, liabilities and costs (including but not limited to attorney's fees) arising directly or indirectly from (i) any breach of these Terms of Use; (ii) your use of the Website or Service; (iii) the Member's Material you posted on the Website; (iv) MediaHound's publication, distribution or use of such Member's Material, or (v) your violation of any law or the rights of a third party, including, but not limited to (i) any allegation that any Member's Materials that you submit to us or transmit to the Website infringe or otherwise violate any rights, including intellectual property rights of any third party; and (ii) your activities in connection with the Website. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. Your indemnification obligation shall survive the termination of these Terms of Use.
WARRANTY DISCLAIMER
THIS WEBSITE AND SERVICE ARE PROVIDED BY MEDIAHOUND "AS IS" AND "AS AVAILABLE." MEDIAHOUND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE SERVICE OR THE MATERIALS ON THIS WEBSITE. MEDIAHOUND RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY MATERIAL OR INFORMATION FROM THIS WEBSITE AT ANY TIME AT ITS DISCRETION. YOU AGREE THAT YOUR USE OF THIS WEBSITE AND SERVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIAHOUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA MEDIAHOUND (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). LIMITATION OF LIABILITY IN NO EVENT SHALL MEDIAHOUND OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE AND SERVICE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. REGARDLESS OF THE PREVIOUS PARAGRAPH, IF MEDIAHOUND IS FOUND TO BE LIABLE, THE LIABILITY OF MEDIAHOUND, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS), TO YOU OR TO ANY THIRD PARTY, IS LIMITED TO THE GREATER OF (I) THE AMOUNT YOU PAID TO MEDIAHOUND FOR THE USE OF THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (II) US$100.
General
The Terms of Use does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and MediaHound. Any claim relating to the Website and/or Service or its use thereof will be governed by and interpreted in accordance with the laws of the State of Texas without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Website and/or the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the State of New York. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under this Terms of Use without MediaHound's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Terms of Use constitutes the entire terms and conditions between you and MediaHound relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and MediaHound. MediaHound Partners, LP is a private company incorporated under the laws of the State of Texas. Please send all postal correspondence to 10736 Wagner Street, Culver City, CA 90230.
Last Revised: March 1, 2012