1. ACCEPTANCE OF TERMS
MEDIAWAVE.TV, Inc. ("MEDIAWAVE.TV") provides a collection of online resources, including search, comments, link sharing, tags,
calendar tools, data input tools, and Web Services application programming interfaces (APIs), (collectively referred to hereafter as
"the Service" or "the MEDIAWAVE.TV Service") subject to the following Terms of Use ("Terms"), which may be updated by MEDIAWAVE.TV from time to time.
MEDIAWAVE.TV will provide notice of materially significant changes to the Term by posting notice on the MEDIAWAVE.TV site.
By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular MEDIAWAVE.TV services,
you agree to abide by any applicable posted guidelines for all MEDIAWAVE.TV services, which may change from time to time.
Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with
MEDIAWAVE.TV in any way, your only recourse is to immediately discontinue use of MEDIAWAVE.TV.
2. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on,
transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated.
More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service.
You understand that MEDIAWAVE.TV does not control, and is not responsible for Content made available through the Service, and that by using the Service,
you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the MEDIAWAVE.TV site and
Content available through the Service may contain links to other websites, which are completely independent of MEDIAWAVE.TV. MEDIAWAVE.TV makes no
representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content,
that you may not rely on said Content, and that under no circumstances will MEDIAWAVE.TV be liable in any way for any Content or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that MEDIAWAVE.TV
does not pre-screen or approve Content, but that MEDIAWAVE.TV shall have the right (but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. CONDUCT AND RESPONSIBILITIES
Violation of any of these terms will result in the termination of your MEDIAWAVE.TV account. While MEDIAWAVE.TV prohibits such conduct and content on its site, you understand and agree that MEDIAWAVE.TV cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the MEDIAWAVE.TV service at your own risk.
4. GENERAL CONDITIONS
We reserve the right to modify or terminate all or any portion of the MEDIAWAVE.TV Service for any reason, without notice at any time.
We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use,
we will notify you via email (if you've provided us with your email address) as well as on the Terms of Use page itself.
What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
5. COPYRIGHT
Although MEDIAWAVE.TV does not claim ownership of Content that its users post, by posting Content to any public area of the Service,
you automatically grant, and you represent and warrant that you have the right to grant to MEDIAWAVE.TV an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of,
or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please notify MEDIAWAVE.TV's agent for notice of claims of copyright or other intellectual property
infringement ("Agent"), at:
Copyright Agent
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the MEDIAWAVE.TV site that you claim is infringing, with enough detail so that we may locate it on the website;
3. 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;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
MEDIAWAVE.TV's Agent will forward this information to the alleged infringer.
6. PRIVACY AND INFORMATION DISCLOSURE
MEDIAWAVE.TV has established a Privacy Policy to explain to users how their information is collected and used,
located at PRIVACY. Your use of the MEDIAWAVE.TV website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that MEDIAWAVE.TV may,
in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses,
IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms;
respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal
safety of MEDIAWAVE.TV, its users, or the general public.
7. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to MEDIAWAVE.TV email addresses or through MEDIAWAVE.TV
computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California.
Any unauthorized use of MEDIAWAVE.TV computer systems is a violation of these Terms and certain federal and state laws,
including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ยง 1030 et seq.), Section 502 of the California Penal
Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or
her agents to civil and criminal penalties.
8. TERMINATION OF SERVICE
You agree that MEDIAWAVE.TV, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account,
block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately
and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MEDIAWAVE.TV
believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that MEDIAWAVE.TV shall not be liable
to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said
termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE MEDIAWAVE.TV SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE MEDIAWAVE.TV SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF
ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIAWAVE.TV DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MEDIAWAVE.TV SITE AND THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIAWAVE.TV DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE MEDIAWAVE.TV SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE MEDIAWAVE.TV SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIAWAVE.TV DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE MEDIAWAVE.TV SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MEDIAWAVE.TV BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (
EVEN IF MEDIAWAVE.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MEDIAWAVE.TV
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MEDIAWAVE.TV SITE OR THE SERVICE, FROM INABILITY TO USE THE
MEDIAWAVE.TV SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MEDIAWAVE.TV
SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE MEDIAWAVE.TV SITE OR THE SERVICE OR ANY LINKS ON THE MEDIAWAVE.TV SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MEDIAWAVE.TV SITE OR THE SERVICE OR ANY LINKS
ON THE MEDIAWAVE.TV SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of
liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
