Terms And ConditionsPLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE OR ANY OF THE SERVICES AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE SERVICES AVAILABLE THROUGH IT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
1. About The Terms And Conditions
1.1 This Media Group Management website and the various content, features and services offered on this website (collectively, the "Website") is owned and operated by Media Group Management LLC ("Media Group Management", "MGM" "we", "us" or "our"). These terms and conditions apply to your use of the Website. By accepting these terms and conditions and / or using the Website you enter into a legally binding contract with us.
1.2 We reserve the right to update these terms and conditions at any time. If we do so, we will publish the amended version on the Website. The amended terms and conditions will take effect from the time they are first published on the Website, and from then on will govern the relationship between you and us in respect of your use of this Website. If you do not agree with the amended terms and conditions, you may not continue to use the Website after the time on which the amended terms and conditions are published on the Website.
1.3 From time to time we may ask you to agree to further terms and conditions relating to additional services that we may make available through the Website, for example in relation to the submission of materials (including audition materials), entering into competitions or purchasing items or services from us. In such circumstances, these terms and conditions will continue to apply save that, in the event of any conflict between these terms and conditions and any terms and conditions relating to such additional services, the terms and conditions relating to the additional services shall prevail.
2. About Us
2.1 Media Group Management LLC is the trading name of Media Group Management LCC. which is a limited liability company located in Ohio whose primary office is at 106 West 6 St. Lorain, Ohio 44052.
2.2 If you have any questions, complaints or comments concerning the services provided on the Website, you can contact us using the following e-mail address firstname.lastname@example.org.
3. Solustions / Services
3.1 If you have any questions, complaints or comments concerning the services provided on the Website, you can contact us using the following e-mail address email@example.com.
4. Linked Websites
4.1 We do not endorse and are not responsible for the contents or privacy practices of any third party web sites which are linked to on the Website. We shall not be responsible or liable for any loss or damages caused by use of or reliance on any content, goods or services available on such websites.
5.2 Please ensure that the personal information you provide when you register is correct and complete and that you inform us immediately of any changes to that personal information. You can access and update the information you provide to us by accessing your account on the Website.
6. Use Of Your Account
6.1 You are responsible for all use of, and for protecting the confidentiality of the login details for any account you set up with us, and you may not share such login details with anyone. If you fail to comply with the above obligations, we will not be responsible for any losses you suffer as a result. You must notify us immediately of any unauthorized use of your account or any other breach of security regarding any transactions that you make through the Website that comes to your attention.
7. Intellectual Property
7.1 All intellectual property rights in the Website and all material or content made available by us by means of the Website remains at all times our property or the property of our licensors.
7.2 Any names, images and logos identifying us, our partners or third parties and our or their products and services contained in the Website are proprietary marks and may not be reproduced or otherwise used without express permission.
7.3 Nothing contained in these terms and conditions shall be construed as conferring by implication any license or right to use any trade mark, patent, design right or copyright or other intellectual property right belonging to us or to any third party.
8. Your Use Of The Content
8.1 Provided that you comply fully with these terms and conditions, we and/or our licensors grant you the right to access view and, to the extent that we enable download functionality, download the content that we make available through the Website, for your personal and non-commercial use only. We may restrict the extent to which you can view, back-up, transfer to other devices or otherwise use such content.
8.2 Save as expressly provided in these terms and conditions, you may not copy, reproduce, sub-license, republish, distribute, transmit, publicly perform, display or make available, alter, adapt, interfere with, create derivative works from, counterfeit or paste to any other website or webpage, by any means or in any manner, any content provided or made available on or through the Website, or do anything else with such content. You agree and acknowledge that you will not acquire any ownership rights in the content. You acknowledge that modification of any content or use of any content for any purpose not expressly permitted by these terms and conditions may breach our and others' copyright and other proprietary rights.
9. Third Party Content And Software
9.1 Where content, information, software, advertising and any other material or services are supplied by third parties, you acknowledge and agree that we cannot control and do not purport to endorse such content, software or services in any way. All third party content, software or services that are made available through the Website are offered in good faith but we do not (to the extent permitted by applicable law) accept any responsibility for the accuracy, reliability, timeliness, or otherwise of such content, software, advertising or other material or services (whether published on or offline) or for the use, download and/or installation of such content, software, advertising or other material or services.
9.2 Where content, information, software, or other material or services are supplied by third parties, you may need a license from such third parties, and may need to agree to other terms and conditions, which will govern your relationship with such providers in relation to your use of such content, information, software, or other material or services. You should read those terms carefully and ensure that you are happy to be bound by them before you use any such content, information, software, or other material or services.
10. Permitted Submissions
10.1 From time to time, we may make it possible for you through the Website to submit text, still images and other content to us and / or for possible inclusion on the Website (for example in a chat room, forum or comment entry field). Subject to your compliance with these terms and conditions, you may make such submissions at any time that the Website enables you to do so. However, the fact that you may make such submissions does not guarantee that they will be considered by us or others or that they will appear on the Website.
10.2 You may only submit audio or video materials to the website when specifically invited to do so by us.
10.3 Any and all submissions of any sort made by you are subject to clause 12 below.
11. Solicited Materials
11.1 We may invite you to submit to us audio and/or video material for inclusion on the Website or enter certain competitions we may run.
11.2 If we do invite you to submit to us any audio and/or video material, you acknowledge and agree that you will follow accurately all instructions that we may give you. In particular, if we provide a script for you to follow, you agree not to edit, add to or deviate from such script.
11.3 If we do request that you send us audio or video materials, your submission of these materials will be subject to clause 12, below.
12. Solicited Materials
12.1 If you submit any material to us, whether text, still image, video, audio or any other form, and whether solicited or not, you acknowledge and agree that your submissions are subject to this clause 12.
12.2 You promise that you are the original owner of any submission you make or that you have the necessary rights, licenses, consents, and permissions required to make the submission to us and to authorize us to use it.
12.3 You promise that you have obtained the permission of any people featured or referred to in you submission (and if any are under 18, their parents or guardians as well) to our use of your submission.
12.4 You agree to provide us with copies or other evidence of all such licenses, rights, consents, and permissions if we so request.
12.5 You acknowledge the contents of any material you submit.
12.6 By submitting material to the website, you grant us and our affiliates a perpetual, world-wide, royalty-free, irrevocable license to use, edit, reproduce, record, modify, translate, distribute, play, perform, publish, broadcast, make available, prepare derivative works from, to display your submission by any medium or method, whether now known or later developed, and to use your submission in any other way we deem fit. Such right is to be exercised in our sole discretion for the full term of copyright and other rights and all renewals and extensions thereof including, for the avoidance of doubt, the right to register any design rights and/or trademarks.
12.7 If you are resident in a jurisdiction which recognizes moral rights in certain works, to the extent permitted by the law of that jurisdiction, you agree to waive your moral rights in any submissions you make to the website.
12.8 You agree that you will not: (a) use the website for posting or transmitting any material of any kind which is unlawful, harmful, threatening, abusive, offensive, harassing, defamatory or vulgar or which is objectionable on the grounds of race, ethnicity, religion, gender, sexual orientation, age, disability or otherwise or which infringes any laws or the rights of others; or (b) upload files that contain viruses, "Trojan Horses", worms, cancelbots, corrupted files or other such similarly destructive features or otherwise in any way damage, disable or impair the operation of the website, or attempt to do any of the same, or gain or attempt to gain unauthorized access to the website, or to networks connected to it, or to content delivered through it, by any means, including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures.
13. Unsolicited Creative Materials
13.1 Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via the website, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently.
13.2 However, if you do still transmit to us, via the Website, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in clause 12, above, as if you had made a permitted or solicited submission to the website. In addition, you agree that we and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without payment to you.
PURCHASE AND PAYMENT PROCESS
14. Ordering Process
14.1 We may make available for purchase on the Website certain products, content, materials and other items. When you request paid-for products, content, materials or other items ("items") or services through the Website, this is an offer by you to purchase such items or services from us. All offers you make to purchase items or services from us are subject to our acceptance. Our acceptance of your offer and the subsequent contract between us for the purchase of such items or services will be formed only when your payment for the items or services has been processed and we have commenced delivery of the items or services to you.
14.2 For any physical products you purchase from us, you have the right to cancel your order during a period of seven working days beginning on the day after we inform you that we have accepted your offer to purchase such products (or, if a longer period is mandated under the law of the country in which you reside, such longer period). However, your right to cancel any such order is contingent upon you returning at your cost such product(s) in good, unused condition, if we have shipped them to you prior to receiving or processing your cancellation.
14.3 For any streaming, download or other services delivered by means of the Website that you purchase from us, you understand and acknowledge that because we commence delivery of such services as soon you order them, you will not have a right to cancel your content purchase.
Please note that we will not file any contract that exists between us.
15.1 The purchase price for any items or services you purchase through the website will be set out on the Website. While we try hard to ensure that all prices displayed on the Website are correct and up to date at the time you place an order, it is possible that an occasional mistake may be made. We may refuse any order or cancel any contract between us in respect of any item or service which has been obviously incorrectly priced or where some other clear error has been made. All prices are inclusive of all sales and other taxes unless otherwise stated.
15.2 You must make the appropriate payment by credit or debit card or other payment mechanism approved by us and made available through the Website and provide us and/or our payment service providers with the necessary information for your payment to be processed. You confirm that the payment card or account used by you is yours or that you are authorized to use such card or account and there are sufficient funds or credit facilities to cover the payment.
15.3 You will be given the opportunity to correct any input errors in your payment details prior to completing your purchase request.
15.4 Orders for any items or services made available to purchase through the Website may not be processed until we have completed any validation checks described immediately below and we have received payment in full.
16. Validation Checks
16.1 All credit/debit/charge card and other payment service transactions may be subject to validation checks and authorization by the relevant card and service providers. If your card issuer/payment service provider refuses to authorize payment to us, we will not be liable for any delay or non-acceptance of orders made by you through the Website.
16.2 We reserve the right to require proof of identification and age before processing any order made through the Website.
17. Premium Rate Telephone Calls
17.1 We may invite you to contact us by means of premium rate telephone lines. The cost of calling these lines will be set out on the Website.
18. Access To And Provision Of Content
18.1 Your ability to view and/or download content, information, material, software or other items or services may depend on your geographical location, and whether you have appropriate technical equipment, including connectivity and bandwidth, available to you to download and view content properly, as well as other factors. Before purchasing paid-for products, content, materials or other items or services, we recommend that you check, and you are responsible for checking, that you have all necessary equipment, internet connectivity and systems properly to access, download and view such products, content, materials or other items or services.
19. Our Liability To You
19.1 Nothing in these terms and conditions excludes, restricts or affects your statutory rights.
19.2 We promise that all physical products will correspond with their relevant descriptions on the Website, will be of satisfactory quality and fit for the purpose for which they are made available (i.e. non-commercial, domestic use). We also promise that any services that we provide to you will be provided with reasonable skill and care.
19.3 To the maximum extent permitted under applicable law, we exclude all other express or implied terms and conditions, conditions, warranties, representations or endorsements whatsoever with regard to any content, information, material, software or other items or services provided through the website including those as to availability, quality, timeliness, performance, or fitness for a particular purpose.
19.4 We shall not be liable for any loss or damage resulting from the illegal, incorrect or inappropriate use of any content, information, material, software or other item or service by you or anyone else whilst the content is in your possession or while you are receiving such service.
19.5 We do not accept liability for any loss which is not a direct and reasonably foreseeable consequence of the relevant breach of these terms and conditions or which is consequential, even if we have previously been advised of the possibility of such loss.
19.6 We exclude all liability, to the extent permitted by law, for any losses or damages you suffer from the use or viewing (or attempted use or viewing) of content in countries in which it is unlawful to use or view such content.
19.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use, and is compatible with, the Website. We will take reasonable care to ensure but do not promise that the Website or its servers are or will remain free from viruses, worms, cancelbots, "Trojan Horses" or anything else that has contaminating or destructive properties. We shall not be liable for any damage to, or viruses that may infect your computer equipment or other property following your access to, use of, or browsing on the Website or accessing of any content, information, material, software or other item or service. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy, reliability, integrity and security of data input and output.
19.8 Save in the case of death or personal injury caused by our negligence or the negligence of our employees, or where we have acted fraudulently, our total liability to you under these terms and conditions for any losses suffered by you will never exceed the greater of One Hundred US Dollars ($100.00) or the amount paid by you to us in the month during which the losses arose.
20. Your Further Obligations To Us
20.1 You agree that you will not use the content, information, material, software or other items or services available on this Website for any commercial or illegal purpose or for any other purpose prohibited by these terms and conditions or in any notice contained within any content, information, material, software or other item.
20.2 You must ensure that the health of viewers will not be adversely affected by the viewing of any content, information, material, software or other item or service (for example, persons whose health may be affected by watching content containing strobe lighting).
20.3 You shall compensate us in full in respect of any losses, liabilities, damages, expenses or costs (including legal fees and expenses), arising from or in connection with any third party claim, suit or proceeding brought against us which arises out of, results from or is related to any breach by you of these terms and conditions.
21. Events Beyond Either Party's Control
21.1 Except in respect of a payment obligation, neither party will be liable for any failure to perform any obligation owed to the other due to reasons beyond its reasonable control, for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure.
22. Termination And Assignment
22.1 We reserve the right to terminate your access to this Website, your account (if you have one) and/or this agreement at any time with or without cause or notice. Any person who holds such a suspended or terminated account must not seek to use or re-register on the Website without our prior consent. Termination of this agreement shall not affect the rights or obligations accruing to either party prior to such termination.
22.2 These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms and conditions, including an assignment to a subsequent owner, co-owner or operator in connection with a merger, acquisition or sale of all or substantially all of Media Group Management's assets, or Media Group Management's assets related to the Website. In the event of such a merger, acquisition or sale, your continued use of the Website signifies your agreement to be bound by the applicable terms and conditions and privacy policies of such subsequent owner, co-owner or operator.
23. Entire Agreement
23.1 Save as otherwise expressly stated, these terms and conditions contain the entire agreement between us and you relating to your access to and use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you.
24. Waiver And Severance
24.1 In the event that any provision (or any part of such provision) of these terms and conditions is held to be illegal, invalid or unenforceable, such provision (or part) will be severed and: (1) it shall be deemed replaced by an alternative provision (or part) which approximates as closely as lawfully possible in terms of substance and effect the provision or part severed; and (2) the remainder of these terms and conditions shall continue in full force and effect.
24.2 If you breach these terms and conditions and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach subsequently and to use our rights and remedies in any other situation where you breach these terms and conditions.
25. Your Further Obligations To Us
25.1 English is the only language offered for the conclusion of any contract made between us via the website.
25.2 These terms and conditions are governed by and are to be construed in accordance with Ohio law.
25.3 You agree that the courts of Ohio shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions.
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