Terms of Service
Version 1.1.1, published October 31, 2014.
1. INTRODUCTION AND ACCEPTANCE OF TERMS
Welcome to MediaHound®, an online entertainment discovery service that allows you to find, collect, share, and access entertainment distributors, from your web browser, on your compatible mobile devices, and natively on your compatible iOS device. MediaHound’s website is located at www.mediahound.com (the “MediaHound Site”). We refer to the MediaHound Site and the software applications made available by MediaHound as the “Service Applications”, and we refer to the Service Applications and the service provided through the Service Applications, collectively, as the “MediaHound Service”. These Terms of Service (“Terms of Service”) set forth a binding agreement between you and MediaHound governing your use of the MediaHound Service. These Terms of Service act as the end user license agreement (or “EULA”) governing your use of the desktop and mobile Service Applications.
In these Terms of Service, “MediaHound” means MediaHound, Inc., a Delaware corporation, with its principal business address at 112 Arena Street, El Segundo, CA 90245. Please read these Terms of Service carefully. By using any of the MediaHound Service, or by creating a user account, you signify your acceptance of these Terms of Service, as they may be amended by MediaHound from time to time in its sole discretion. You may only use the MediaHound Service and/or open an account if applicable law does not prohibit your acceptance of these Terms of Service. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Terms of Service. If you do not agree to these Terms of Service, then you must cease using the MediaHound Service. THESE TERMS OF SERVICE ARE GOVERNED BY THE LAWS SET FORTH IN SECTION 21, DEPENDING ON THE TERRITORY IN WHICH YOU USE THE MEDIAHOUND SERVICE.
2.1 MediaHound’s Sharing Policy
When you discover, play, collect, comment-on, post, and share entertainment or other content on or through the MediaHound Service, you authorize MediaHound to share and/or publicly display such activity on or through: (i) the MediaHound Service; and (ii) any third party social networking sites and services you have linked to your MediaHound account, such as Facebook or Twitter (“Social Networks”).
2.2 Abuse Policy
MediaHound reserves the right to manage the MediaHound Service in a manner that it believes best benefits its users and best enables it to maintain the MediaHound Service. The MediaHound Service is for your own personal, non-commercial use, and accordingly, MediaHound has determined that its ability to provide the MediaHound Service is disrupted when users make an abnormally high number of requests against the service in a short amount of time, or otherwise browse, search, or “scrape” in a manner that is not consistent with normal, personal use (even if those activities technically comply with the specific terms of any free or paid offering). Thus, MediaHound reserves the right to discontinue any portion or all of the MediaHound Service, or to terminate or suspend the account of any person, that, in MediaHound’s experience and sole determination, cause or result in disruptive usage patterns or, with respect to individual account holders, otherwise use the MediaHound Service in a manner that is not consistent with normal, personal use. For example, you should not share your MediaHound account with anyone, or have a software application use the MediaHound Service for you for any purpose (unless otherwise permitted by MediaHound).
3. PROPRIETARY RIGHTS
You acknowledge and agree that MediaHound, and its licensors, retain all right, title and interest in and to all data and information (excluding data and information that you provide), content and materials provided on or through the MediaHound Service (including, without limitation, the musical compositions, audiovisual works, editorial and contextual information (about artists, cast, crew, movies, TV shows, books, video games, and songs), text, images, photographs, videos, graphics, page headers, the selection and arrangement of elements displayed on or through the MediaHound Service, the compilation of all content and materials on the MediaHound Service, and the business process, procedures, methods and techniques used in the MediaHound Service) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world. MediaHound®, the MediaHound logo and the MediaHound “button” logo are the common law and/or registered trademarks of MediaHound, Inc., and all other proprietary trademarks, service marks, trade names, slogans, logos, and other sign of origin that appear on or in connection with the MediaHound Service (including, without limitation, as displayed on or through any of the Service Applications) are the property of MediaHound, Inc. MediaHound’s intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages MediaHound. All rights are expressly reserved.
All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Service Applications and through the MediaHound Service are the property of the respective third parties, including the respective content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to MediaHound to enforce any of your rights in relation thereto.
4. Internet video archive (iva) DATA
Certain portions of the Content available on or through the MediaHound Service comprise third-party proprietary data provided by Internet Video Archive LLC (IVA). IVA Data is the property of Internet Video Archive LLC. You may not modify, copy, scan or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of the IVA Data. You may not use the IVA Data except for your own personal, non-commercial use. See http://www.internetvideoarchive.com/.
5. LIMITED LICENSE
MediaHound grants you a limited, non-exclusive and non-assignable license to access and use the MediaHound Service for your personal, non-commercial use, subject to all of the terms and conditions of these Terms of Service and not for redistribution of any kind. MediaHound may make certain software, including, without limitation, the Service Applications, available to you through your use of the MediaHound Service. The Service Applications are deemed licensed to you by MediaHound under a non-exclusive, non-assignable license for your personal, non-commercial, use only, and your use of such Service Applications is subject to these Terms of Service. With respect to any mobile Service Application, this license is limited to the right to use the applicable mobile Service Application solely on a device that you own or control and as permitted by any usage rules made available from time to time by the applicable provider of a mobile application platform. MediaHound does not transfer, and, as between you and MediaHound, retains all title to and ownership of the Service Applications and all intellectual property rights in the Service Applications. You may not take any action to jeopardize, limit or interfere with MediaHound’s ownership of and rights with respect to the Service Applications. You acknowledge that any unauthorized copying or unauthorized use of the Service Applications is a violation of these Terms of Service and is strictly prohibited.
Additionally, you may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual elements provided on or through the MediaHound Service, (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, publicly display or perform, or in any way exploit any content, materials or individual elements provided on or through the MediaHound Service without MediaHound’s prior written consent, (iii) make any commercial use or any derivative use of any of the MediaHound Service or any of the content, materials or individual elements provided on or through the MediaHound Service, (iv) frame or utilize framing techniques to enclose any content, materials or individual elements provided on or through the MediaHound Service without MediaHound’s prior written consent, (v) use any circumvention tools or any metatags or other hidden text utilizing MediaHound’s name, trademark, URL or the name of any of the MediaHound Service without MediaHound’s prior written consent, or (vi) disassemble, decompile or reverse engineer the Software or any other materials made available on or through the MediaHound Service or used to provide any of the MediaHound Service.
6. ACCOUNTS AND SECURITY
To access the Service Applications or use certain aspects of the MediaHound Service, you will be directed to create a user account by providing certain information about yourself, or to create new, or to use existing Social Network login details. As part of MediaHound’s stand-alone registration process, you will be asked to submit, among other things, your email address and to select a password. You agree that all information you provide to MediaHound for purposes of creating an account (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information will constitute a breach of these Terms of Service and may result in the immediate termination of your account. By utilizing your Social Network log-in details to log into the MediaHound Service (including on or through any of the Service Applications), or by linking your MediaHound Service account with any Social Network account, you expressly authorize MediaHound to receive, and for such Social Network to share, certain of your information that is available on your Social Network account, including, without limitation, your profile information, friends names, your photos, privacy settings and certain other information that will be disclosed to you (and authorized by you) during the log-in process; and you also authorize MediaHound to generate and publish on your Social Network news feed or timeline actions you take on the MediaHound Service, and to allow you to interact with your Social Network friends on the MediaHound Service. If linked, you agree to allow the Social Networks to receive information concerning the actions you take on the MediaHound Service. In the event you no longer want the MediaHound Service to publish your MediaHound activity on your Social Network news feed or timeline, or want to otherwise limit the ways in which the MediaHound Service interacts with your Social Network account, you can always disable aspects of this feature by changing your application settings in the Social Networks. The Social Networks are made available by their respective corporate entities.
Without limiting the above, by submitting your information through the Service Applications, and/or by utilizing Social Network log-in details to log-in to the MediaHound Service, by linking your MediaHound Service account with any Social Network account, or by otherwise providing Registration Information to MediaHound, you grant MediaHound a perpetual, royalty-free, non-exclusive license to use, reproduce, transmit, and display the information obtained from these third parties and any Registration Information in connection with MediaHound’s operation of the Service Applications and/or performance of the MediaHound Service (subject to the other terms and conditions of these Terms of Service, including Section 2.1). You will (i) promptly update your Registration Information to keep it true, accurate, current and complete, (ii) maintain the confidentiality of your login credentials, and (iii) properly exit from your account at the end of each session. You will not (a) select or use the Social Network account or email address of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address that is profane, offensive or otherwise inappropriate, or (d) allow any other party to use your account and/or password. You agree to notify MediaHound immediately of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your user name or password or Social Network account login details. You understand and agree that you will be liable for all activities that occur under any account created for your use, even if you did not commit such activities. MediaHound is not responsible for any loss or damage as a result of someone else using your account or password with or without your knowledge.
8. CONTENT PROVIDED BY YOU
You understand that all data, information, text, images, software, sounds, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, on the Service Applications or through the use of any of the MediaHound Service, are the sole responsibility of the person posting or transmitting such Content. You, and not MediaHound, are entirely responsible for all Content that you upload, post, email, transmit, distribute or otherwise make available on the Service Applications or through the use of any of the MediaHound Service or that is provided or transmitted through your account. You acknowledge that you will have the burden of proving that any such Content does not violate any laws or infringe any third party rights.
MediaHound does not control user-generated Content posted on or through the Service Applications or transmitted through the use of any of the MediaHound Service and, as such, does not guarantee the accuracy, reliability or quality of such Content. You understand that by using the Service Applications or using any of the MediaHound Service, you may be exposed to user-generated Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will MediaHound be liable in any way for any user-generated Content including, but not limited to, any errors or omissions in any user-generated Content, or any loss or damage of any kind incurred as a result of the use of any user-generated Content posted, emailed, transmitted or otherwise made available on or through the Service Applications or through the use of any of the MediaHound Service. You agree that MediaHound may, in its sole discretion, refuse to post, store or transmit any Content submitted by you and may move, remove, edit or modify any such Content for any reason at any time.
You acknowledge, consent and agree that MediaHound may access, preserve and disclose account information and/or Content that you provide if MediaHound is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Service, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of MediaHound, its employees, partners and agents or members of the public. By posting, displaying or performing Content on or through the Service Applications or transmitting or otherwise distributing Content through the use of any of the MediaHound Service, you grant MediaHound and its affiliates, successors and assigns, a perpetual, irrevocable royalty-free, worldwide, non-exclusive license to use, reproduce, distribute, transmit, display, publicly perform, edit, translate and reformat such Content in connection with the operation of the Service Applications and/or performance of the MediaHound Service for you by MediaHound or any of its affiliates, successors, assigns or agents. You will not be compensated for any Content that you provide. You agree that MediaHound may publish or otherwise disclose your name in connection with your Content. By posting, displaying or performing Content on or through the Service Applications or transmitting or otherwise distributing Content through the use of any of the MediaHound Service, you represent and warrant that you own the rights in such Content or are otherwise authorized to post, display, perform, transmit or distribute the Content.
9. USE OF THE MEDIAHOUND SERVICE
You will comply with all applicable laws, statutes, ordinances and regulations in your use of the MediaHound Service. MediaHound may immediately terminate your account, or suspend access to your account, in its sole discretion and without notice, for conduct that MediaHound reasonably believes is: (i) illegal, fraudulent, harassing or abusive, (ii) a violation of these Terms of Service or any other policies or guidelines posted on or through the Service Applications, or (iii) harmful to other users, third parties, or MediaHound’s business. Use of your account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice. In addition, MediaHound may terminate your account if you file any claim against MediaHound, or any claim that in any way involves MediaHound. Upon MediaHound’s termination of your account for any of the forgoing reasons, (a) you may not establish a new account for a period of one (1) year from the date of termination, (b) MediaHound will have no obligation to notify any third parties regarding such termination, and (c) you will be responsible for any damages that may result or arise out of termination of your account. You agree not to:
upload, post, email, transmit, display on or through the Service Applications or make available through the use of any of the MediaHound Service: (a) any Content that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, profane, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law, regulation or standard of conduct, (b) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (c) any Content that infringes or misappropriates any patent, trademark, trade secret, copyright, privacy, publicity or other rights of any other person or entity, (d) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, or (e) any material that contains any virus, Trojan horse, worm, time bomb or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;
- use any of the MediaHound Service to (1) harm minors in any way, (2) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (3) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms of Service, (4) intentionally or unintentionally violate any applicable local, state, national or international law, or any rule or regulation having the force of law, (5) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization, or (6) stalk or otherwise harass another
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content displayed on or through the Service Applications or transmitted through the use of any of the MediaHound Service;
- remove any proprietary notices from the Service Applications;
- cause, permit or authorize the modification, creation of derivative works, or translation of any Content displayed on or through the Service Applications or transmitted through the use of any of the MediaHound Service without MediaHound’s prior written consent;
- attempt to hack the Service Applications, or to defeat or overcome any encryption technology or security measures implemented by MediaHound with respect any of the MediaHound Service and/or data transmitted, processed or stored by MediaHound;
- attempt to harvest or collect any information about or regarding other users of any of the MediaHound Service, including, but not limited to any personal data or information;
- engage in web scraping, database scraping or any other activity for the purpose of obtaining Content, data or other information from the Service Applications for any purpose other than the use of the MediaHound Service as expressly permitted by these Terms of Service;
- perform any meta-search or automated queries of the Service Applications or of any of the Content;
- interfere with or disrupt any of the MediaHound Service or servers or networks connected to or operated with any of the MediaHound Service, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with any of the MediaHound Service; and/or
- engage in any action or activity in violation of the Abuse Policy, or any other terms, conditions and policies, set forth in these Terms of Service.
10. EXPLICIT CONTENT
11. ADVERTISEMENTS; LINKS TO OTHER WEBSITES
The Service Applications may contain third party advertisements or promotions and/or links to other websites and applications (“Third Party Sites”). MediaHound provides these advertisements, promotions and links as a convenience to you and the inclusion or display of any advertisement, promotion or link does not constitute or imply any affiliation, endorsement or sponsorship by MediaHound of any given advertiser or its products, or of any given Third Party Site or of any given content contained in the advertisement, promotion or Third Party Site. MediaHound makes no guarantees about the accuracy, content or quality of the information, or of the products and services, provided by such advertisements, promotions or Third Party Sites and MediaHound assumes no responsibility for misleading, objectionable or inaccurate information, or for the products and services that may be obtained from or through such advertisements, promotions or Third Party Sites. Your interaction or participation with any advertisement or promotion (or the third party sponsor thereof) or with any Third Party Site, whether on or through the Service Applications or any Third Party Sites, are solely between you and such third party and your interaction or participation is subject to the terms and conditions associated with that advertisement, promotion or Third Party Site. You acknowledge and agree that MediaHound is not responsible or liable in any way, including for any loss or damage you incur, (i) as a result of your interaction or participation with any advertisement or promotion (or the third party sponsor thereof), whether on or through the Service Applications or any Third Party Sites, (ii) as a result of your activity or interaction on or with any Third Party Site, (iii) for any products or services, or your use thereof, that are the subject of any advertising or promotion, or (iv) for any content, advertising, products or services, or your use thereof, on or made available from any Third Party Sites.
12. WARRANTY DISCLAIMERS
You understand that the processing and transmission of communications relating to the use of any of the MediaHound Service may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that MediaHound will not be responsible or liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content that you provide for display on or through the Service Applications or for transmission through the use of any of the MediaHound Service. Please read the following – it is an important disclaimer:
The Service Applications, the MediaHound Service and all information and materials provided through the same are provided on an “as is” and “as available” basis without any warranty or condition, express or implied. MediaHound does not guarantee the sequence, accuracy, or completeness of any price information or other data displayed, and is not liable or responsible in any way for any delays, inaccuracies, or errors in any price information or data or in the transmission of any price information or data. The price information or data provided is not to be relied upon for any business or financial purposes and MediaHound and its service providers are not liable or responsible in any way for any damages, losses or costs arising from reliance on this information or incurred as a result of the non-performance, interruption or termination for any reason whatsoever of the price information or data. To the maximum extent permissible under applicable law, MediaHound, and each of its joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, specifically disclaim all implied warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement. Further, no warranties will be implied by any course of dealing or course of performance.
MediaHound makes no representation or warranty that (i) the Service Applications or the MediaHound Service will meet your expectations or requirements, (ii) the Service Applications or the MediaHound Service will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Service Applications or the MediaHound Service will be accurate, timely, complete or reliable, (iv) any errors or defects in the Service Applications or the MediaHound Service will be corrected, or (v) the Service Applications and the MediaHound Service and/or the servers that make the Service Applications and the MediaHound Service available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the Service Applications and the MediaHound Service may be interfered with by numerous factors outside of MediaHound’s control including, but not limited to, telecommunications network disruptions, natural disasters, and malicious actions taken against MediaHound. MediaHound is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Service Applications or the MediaHound Service. You acknowledge that the entire risk arising out of the use, inability to use or performance of any of the MediaHound Service remains with you to the maximum extent permissible under law. For the avoidance of doubt, no provider of a mobile application platform has any warranty obligation, or any obligation to provide maintenance and support services, with respect to any mobile Service Application or the MediaHound Service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. You acknowledge and agree that your sole remedy for any problems or dissatisfaction with any of the MediaHound Service is to terminate your account and discontinue use of the Service Applications and the MediaHound Service.
13. LIMITATION OF LIABILITY
Please read the following – it is an important limitation of MediaHound’s liability:
To the maximum extent permissible under applicable law, in no event will MediaHound or its directors, officers, employees, agents, representatives, stockholders, joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, or any of them, be liable with respect to the Service Applications, your use of the Service Applications or any other materials or services provided to you by MediaHound or any other subject matter of these Terms of Service, whether based on contract, tort, strict liability or other theory, for (i) any lost or corrupted data, lost profits, loss or damage to any computer, mobile phone or other device or any special, incidental, indirect or consequential damages, even if such parties have been advised of the possibility of such damages or if such damages were foreseeable, or (ii) the cost of procuring substitute goods, services or technology. To the maximum extent permissible under applicable law, the aggregate liability of MediaHound and its directors, officers, employees, agents, representatives, stockholders, joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, or any of them, to you or any third party in any circumstance will not exceed one hundred dollars ($100). Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.
You agree that MediaHound, in its sole discretion and without notice or liability to you, may terminate or suspend your use of, or access to, the Service Applications or any of the MediaHound Service at any time if MediaHound believes in good faith that you have violated or acted inconsistently with any provision of these Terms of Service or any applicable law, rule or regulation or that you have engaged in conduct that MediaHound reasonably determines to be inappropriate or unacceptable. MediaHound may in its sole discretion, and at any time, discontinue providing the MediaHound Service, or any part thereof, on notice to you.
You agree to defend, indemnify and hold MediaHound and its joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, together with their respective affiliates, successors, assigns, employees, consultants, agents, directors, officers, members and stockholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs) that are attributable to your actions or fault and arise out of (i) your access, use or misuse of any of the MediaHound Service, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation or of any law, rule, regulation or rights of others in connection with your use of any of the MediaHound Service including, without limitation, infringement of anyone else’s intellectual property rights, or (iv) your use or disclosure of another person’s personal information including, without limitation, financial or credit information. Without limiting the foregoing, you acknowledge that certain countries may require you to pay a use, sales, consumption, value added or other tax in connection with your use of the MediaHound Service. The payment of any such tax, if required, is your responsibility. The foregoing indemnity obligations will apply to any damages MediaHound may incur in connection with your failure to pay any such tax.
16. COPYRIGHT INFRINGEMENT
MediaHound respects the intellectual property rights of others and we ask our users to do the same. If you believe a user of the Service Applications or MediaHound Service is infringing your copyright or the copyright of any third party, please notify MediaHound in accordance with the following procedure: All notifications of copyright infringement must be in writing and directed to MediaHound’s designated agent at the following mailing address, fax number or email address:
Attn: Copyright Agent\u2028c/o MediaHound, Inc.\u2028 112 Arena Street, El Segundo, CA 90245 (213) 402-3010 (fax)\u2028 firstname.lastname@example.org
Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, (ii) detailed identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit MediaHound to locate the material, (iv) information reasonably sufficient to permit MediaHound to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In the event of any copyright or other intellectual property infringement claim, you acknowledge and agree that as between MediaHound and any provider of a mobile application platform, MediaHound, and not any provider of a mobile application platform, will be solely responsible for the investigation and discharge of any such claim.
MediaHound may modify or update these Terms of Service at any time without notice. Any additional or different terms in these Terms of Service will be effective upon being posted on the MediaHound Site. It is your responsibility to review these Terms of Service periodically. Your continued use of any of the MediaHound Service following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of those additional or different terms. MediaHound reserves the right to add, change, modify, suspend or discontinue all or any of the MediaHound Service, in its sole discretion, at any time. Unless expressly stated otherwise, the use of any new or existing MediaHound Service, including the availability of services or products through the Service Applications, will be subject to these Terms of Service. In addition, MediaHound may also impose limits on any of the MediaHound Service or restrict your access to portions or all of the Service Applications in its sole discretion without notice or liability. MediaHound reserves the right to refuse to provide you with access to any of the MediaHound Service or to allow you to create a user account for any reason.
18. EQUITABLE REMEDIES
You hereby agree that MediaHound would be irreparably damaged if these Terms of Service were not specifically enforced, and therefore you agree that MediaHound will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Service, in addition to such other remedies as MediaHound may otherwise have available to it under applicable laws.
19. EXPORT ADMINISTRATION
You will comply fully with all relevant export laws and regulations of the territories in which the MediaHound Service is made available, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Service Applications, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
21. GOVERNING LAW; JURISDICTION
These Terms of Service will be is governed by, and will be construed under, the laws of the United States of America and the laws of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 22 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the MediaHound Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California and you agree to submit to the personal jurisdiction and venue of such courts.
22. DISPUTE RESOLUTION
Before initiating any arbitration or court proceeding, you and MediaHound agree to first attempt to negotiate any dispute, controversy or claim related to these Terms of Service (“Claim”) (except those Claims expressly provided in Section 22.6 below) informally for at least sixty (60) days. Negotiations will begin upon receipt of written notice. MediaHound will send its notice to your physical address (if on file with MediaHound) and email you a copy to the email address you have provided. You will send your notice to MediaHound, Inc., 112 Arena Street, El Segundo, CA 90245, ATTN: CLAIM.
22.2 Binding Arbitration
If the parties fail to resolve a Claim through negotiations within the above sixty (60) day period, you and MediaHound agree that, except as provided in Section 22.6 below, all Claims will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms of Service. In the event of a conflict between the terms set forth in this Section 22 and the JAMS Rules, the terms in this Section 22 will control and prevail. Except as otherwise set forth in Section 22.6, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms of Service, (i) you and MediaHound may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND MEDIAHOUND ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
22.3 Arbitration Fees
If you initiate arbitration for a Claim, you will only need to pay an arbitration initiation fee of $250 and we will pay all other costs charged by JAMS for initiating the arbitration. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. Notwithstanding anything in the clause titled “Miscellaneous” above to the contrary, you will not be required to pay our attorneys’ fees or other costs if you do not prevail in the arbitration.
The arbitration will take place in your hometown area if you so notify MediaHound in your notice of arbitration or within ten (10) days following receipt of MediaHound’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or Internet connection appearances.
You and MediaHound agree that any arbitration will be limited to the Claim between MediaHound and you individually. YOU AND MEDIAHOUND AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
22.6 Exceptions to Negotiations and Arbitration
You and MediaHound agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or MediaHound’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration. As some jurisdictions do not allow for some of the dispute resolution provisions set forth in these Terms of Service, some of these provisions may not apply to you.
You and MediaHound agree that if any portion this “Dispute Resolution” section is found illegal or unenforceable (except any portion of Section 22.6 above), that portion will be severed and the remainder of this section will be given full force and effect. If Section 22.6 above is found to be illegal or unenforceable then neither you nor MediaHound will elect to arbitrate any Claim falling within that portion of Section 22.6 above found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within Los Angeles, State of California, United States of America, and you and MediaHound agree to submit to the personal jurisdiction of that court.
If you have any questions about these Terms of Service or your rights or MediaHound’s obligations relating to any of the MediaHound Service, please email us at email@example.com or you may contact us by mail at: MediaHound, Inc.,\u2028112 Arena Street, El Segundo, CA 90245. CALIFORNIA RESIDENTS If you are unable to resolve a complaint you may have regarding any of the MediaHound Service, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
24.1 Unsolicited idea Submission
MediaHound or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to MediaHound or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when MediaHound’s products or marketing strategies might seem similar to ideas submitted to MediaHound. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.
24.2 Terms Of Idea Submission
You agree that: (1) your submissions and their contents will automatically become the property of MediaHound, without any compensation to you; (2) MediaHound may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for MediaHound to review the submission; and (4) there is no obligation to keep any submissions confidential.
24.3 Product Feedback
MediaHound does, however, welcome your feedback regarding many areas of MediaHound’s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at www.mediahound.com/thefeedsbackradar, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on MediaHound’s existing products or marketing strategies; do not include any ideas that MediaHound’s policy will not permit it to accept or consider. It’s just one more way that MediaHound can learn how to best satisfy your needs.
24.4 Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. MediaHound shall be free to use such information on an unrestricted basis.
25. ELECTRONIC COMMUNICATIONS
You acknowledge and agree that by clicking on the “I AGREE” button (or similar buttons or links as may be designated by MediaHound to show your acceptance of the Terms of Service), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the MediaHound Service.