Terms of Service
Welcome to MediaBugs. The following terms and conditions ("Terms of Service") govern your use of all services located under the domain MediaBugs.org. These terms are a legal agreement ("Agreement") between you and the owner(s) and operator(s) of MediaBugs.org, who are referred to throughout the Agreement as "MediaBugs." Please read the Agreement carefully before registering for or using MediaBugs.org (the "Website").
By accessing or using MediaBugs, you are agreeing to be legally bound by this Agreement. If at any time you are not willing to be bound by it, then you must not use the MediaBugs service. The terms of this Agreement are subject to change by MediaBugs at any time, effective upon posting the updated Agreement on our website. Any use of Mediabugs.org after such posting will constitute acceptance by you of the changes.
MediaBugs can refuse to accept any registration of an account, and can cancel any account, at its discretion, at any time.
You must be 18 years old or older to participate in the MediaBugs Service.
Your registration for, and/or use of, the Website constitutes your representation and warranty that: (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement.
Your account will be accessed through a user ID and password that you will create (your "Credentials"). Your Credentials are solely for your personal use. You are responsible for maintaining the confidentiality of your Credentials, and you are fully and solely responsible for all activities that occur under your Credentials. It is up to you to take adequate precautions with your Credentials, and to immediately notify MediaBugs of any unauthorized use of your Credentials. MediaBugs will not be liable for any loss or damage arising from your failure to comply with this provision. Neither your account nor any of your rights or obligations as a user may be assigned, transferred, rented, loaned, or otherwise distributed or used for the benefit of any other person or entity without MediaBugs' prior written consent.
Using your account, you may access and participate in the MediaBugs Service, including viewing, posting and responding to communications on the MediaBugs Service.
II. Content and Intellectual Property
If you post your own text, images or other audiovisual information (collectively, "Content") on the MediaBugs Service, that Content still belongs to you, and you can use it in any other way without restriction. Content posted by another person or company belongs to the poster, and you can only use that Content in the ways described in this Agreement.
In order to operate the MediaBugs Service, MediaBugs needs the right to make certain uses of your publicly posted Content. Therefore, when you post Content on the MediaBugs Service, you agree to grant MediaBugs an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, publicly display, publicly perform and make derivative works of your Content on the MediaBugs Service and on services affiliated with MediaBugs regardless of the form of media used or of whether such services now exist or are developed in the future. If you post Content to the MediaBugs Service, then you hereby represent and warrant that you have the right to post that Content and to grant the above rights to MediaBugs.
You will not post or distribute to another User any illegal or prohibited Content, including (but not limited to) Content that:
- is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing ("spamming");
- contains information that you know (or reasonably should know) is false or misleading, or promotes illegal activities;
- is abusive, threatening, obscene, defamatory or libelous;
- contains or promotes distribution of, or access to, any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- contains or provides material that exploits people under the age of 18 in a sexual or violent manner;
- solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits a password or personally identifying information for commercial or unlawful purposes from another User;
- and/or engages in commercial activity and/or sales without our prior written consent such as contests, sweepstakes, advertising, and/or pyramid schemes.
These Terms of Service will remain in full force and effect while you use the MediaBugs Service. Those terms that can continue to operate after you stop using the MediaBugs Service (including without limitation your Content license to MediaBugs and the General Terms in this Section), will survive after you stop using the MediaBugs Service.
You agree to indemnify and hold MediaBugs, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the MediaBugs Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the MediaBugs Service, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.
THE MEDIABUGS SERVICE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE MEDIABUGS SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE MEDIABUGS SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MEDIABUGS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, MEDIABUGS AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE MEDIABUGS SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MEDIABUGS DOES NOT WARRANT THAT THE MEDIABUGS SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MEDIABUGS SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEDIABUGS OR THE MEDIABUGS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
MEDIABUGS AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MEDIABUGS'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO MEDIABUGS FOR THE MEDIABUGS SERVICE IN THE 12 MONtHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).