Terms Of UseOur goal is to help you enjoy videos of great quality. We don't like spam, and we will never sell your email addresses. However just like any other company, we have to include these terms & conditions to protect us, as well as for your benefit. Last Updated: February 2008 1. Description of Service.The "Service" includes (a) the websites operated by MediaMelon, Inc. (hereafter, "MediaMelon"), as well as web links and URLs formed by MediaMelon and available on other websites (collectively, the "Site") , (b) the services provided by the Site and by any MediaMelon software made available through the Site, and (c) all data, text, images, sounds, video, content, programming and software made available through the Site or services, or developed using MediaMelon's software ("Content"). Any new features added to or augmenting the Service are also subject to this TOS (as defined below). 2. Acceptance of Terms.MediaMelon provides its Service to you subject to this Terms of Service agreement ("TOS"). MediaMelon may update this TOS from time to time and shall notify you by posting an updated Agreement on www.mediamelon.com and/or by sending you an email message. By continuing to use the Service, you signify your binding acceptance of the TOS and you represent that you are of legal age to form a binding contract. 3. Permission to Use the ServiceYou may access the Service for personal use only, provided that you are in compliance with all provisions of this TOS. By using or accessing this Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service. You also agree not to reverse engineer, decompile, disassemble, separate or otherwise attempt to determine the source code, ideas, components, algorithms or structure underlying the Software or Service or any portion of the Software or Service. You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with MediaMelon. You acknowledge that MediaMelon may, in its sole discretion and at any time, discontinue providing any part of the Service without notice. 4. User Conduct.Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:
Additionally, portions of the Service, including specifically, certain content and programming available on the Service, have recommendations regarding the suitability of content or programming for certain ages. By using the Service and/or the Site, you acknowledge and agree that you will not access or view any content and programming in violation of the specified age recommendations. 5. Access Rights.Some functions of this Service require registration with an email address and a password, collectively your "Access Information" You agree to (a) keep your Access Information confidential and use only your Access Information when logging in, (b) ensure that you log out from your account at the end of each session on the Site, and (c) immediately notify MediaMelon (contact@mediamelon.com) of any unauthorized use of your Access Information. You are fully responsible for all activities that occur under your Access Information. MediaMelon will not be liable for any loss or damage arising from unauthorized use of your Access Information or your failure to comply with this Section. You agree that MediaMelon may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your account, and remove or discard from the Service any Content associated with your account. Grounds for such termination may include, but are not limited to, extended periods of inactivity or violation of the letter or spirit of this TOS. 6. Contributions to MediaMelon or the Service.Unless otherwise agreed, MediaMelon does not claim ownership of any Content you submit to the Service, including to any software applications, or widgets, you may develop using functionality or Site features provided by MediaMelon (any and all such Content and materials submitted by you are referred to as a "Contribution"); however, MediaMelon has the right to remove any Contribution that violates this TOS or any other written policy or terms of use published by MediaMelon from time to time, or is otherwise objectionable, as determined solely by MediaMelon. By submitting Content for inclusion on the Service, you represent and warrant that you have all necessary permissions to grant the licenses below to MediaMelon. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Service, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Contribution. You hereby grant MediaMelon and its successors a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Contribution on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you terminates once you or MediaMelon removes your Contribution from the Service. You understand that your Contribution may be transmitted over various networks and changed to conform and adapt to technical requirements. Any material, information or idea you post on or through the Service, or otherwise transmit to MediaMelon by any means (each, a "Submission"), is not considered confidential by MediaMelon and may be disseminated or used by MediaMelon or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to MediaMelon, you acknowledge and agree that MediaMelon and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant MediaMelon and its successors a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to develop the items identified above, and to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you will continue for as long as MediaMelon determines to use your Submission. This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Service. 7. Privacy Policy.MediaMelon agrees to protect your personal information as described in the Privacy Policy published on the Site. You agree that MediaMelon can export your information to any country as operationally necessary, even if that country's privacy laws are weaker or different from the privacy laws of your country and that MediaMelon can use and transfer your personal information to the extent provided in the Privacy Policy. 8. Third-Party ContentEach contributor to the Service of data, text, images, sounds, video, software and Contributions is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Contribution. As such, MediaMelon is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Contribution. You will not hold MediaMelon responsible for any user's actions or inactions, including things they post or otherwise make available via the Service. In addition, the MediaMelon Service may contain links to third party text and video feeds (and podcasts) (collectively, "third party feeds"), websites and offers, links to download third party software applications and/or actual widgets that have been developed by third parties using the MediaMelon Sites and/or functionality. Additionally, third parties may make available, on their own websites, third party feeds, and widgets developed by them using the MediaMelon Services. These third party links, third party feeds, websites and widgets are not owned or controlled by MediaMelon. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. MediaMelon has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third-parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Service, you agree that MediaMelon shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget. You further acknowledge and agree that MediaMelon may disable your use of, or remove, any third party links, third party feeds, or widgets on the MediaMelon Service to the extent they violate this TOS 9. Making Claims of Copyright Infringement.If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify the MediaMelon Copyright Agent. A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit MediaMelon to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
The MediaMelon Copyright Agent can be reached by email, fax or post as follows:
or
Attention: Copyright Agent
The Copyright Agent will only respond to any claims involving alleged copyright infringement. 10. DISCLAIMER OF WARRANTIES.*READ THIS CAREFULLY* You understand and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, MediaMelon expressly disclaims all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. MediaMelon makes no representations or warranties about the accuracy or completeness of the Content made available through the Service or the content of any websites linked to the Site. MediaMelon does not warrant, endorse, guarantee, or assume responsibility for any product, application or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and MediaMelon will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products, applications or services. As with the purchase of a product or service, or installation or download of any application, through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from MediaMelon or through the Service shall create any warranty not expressly stated in this TOS. 11. LIMITATION ON LIABILITY.*READ THIS CAREFULLY* You understand and agree that MediaMelon shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if MediaMelon has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute services resulting from any services obtained through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) inaccuracies, mistakes, or errors of content; (f) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (g) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Service by a third party; or (h) any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of MediaMelon shall not exceed the amount of fifty (50) dollars. 12. Indemnification.You agree, at your own expense, to indemnify, defend, and hold harmless MediaMelon, its employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to use of or access to the Service, or violation of this TOS by you or, when due to your cooperation or negligence, by someone else using your User ID. 13. Waiver and Severability.The failure of either party to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the TOS provisions, including the Disclaimer of Warranty or Limitation of Liability, are held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 14. GeneralYou agree that: (i) the MediaMelon Website shall be deemed solely based in California; and (ii) the MediaMelon Website shall be deemed a passive website that does not give rise to personal jurisdiction over MediaMelon, either specific or general, in jurisdictions other than California. This TOS shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and MediaMelon that arises in whole or in part from the MediaMelon Website shall be decided exclusively by a court of competent jurisdiction located in San Francsico County, California. This TOS, together with the Privacy Policy at http://www.MediaMelon.com/privacy.jsp and any other legal notices published by MediaMelon on the Website, shall constitute the entire agreement between you and MediaMelon concerning the MediaMelon Website. If any provision of this TOS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this TOS, which shall remain in full force and effect. No waiver of any term of this TOS shall be deemed a further or continuing waiver of such term or any other term, and MediaMelon's failure to assert any right or provision under this TOS shall not constitute a waiver of such right or provision. YOU AND MediaMelon AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MediaMelon WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 15. Statute of Limitations.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. 16. AssignmentThis TOS and the rights and licenses it grants or receives may be assigned or transferred by MediaMelon without restriction. 17. Comments/InquiriesIf you have any comments or inquiries regarding this TOS or the Service, please contact MediaMelon as follows: support@MediaMelon.com or
Attention: Customer Service
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