Consumer and User Terms of Service
Welcome! By using the Selectable Media.com web site ("Service") and all services of Selectable Media, Inc ("Selectable Media"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Selectable Media reserves the right to change, modify, add, or remove portions of these Terms of Service at any time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your binding acceptance of such changes. For any material changes to these Terms of Service, such amended terms will automatically be effective thirty days after they are initially posted on the Selectable Media web site. While Selectable Media prohibits certain conduct and content on the Service, you understand and agree that Selectable Media cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person. A single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Selectable Media cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Selectable Media Wall Terms allows you to subscribe to video wall and place it on your blogs and other web pages you own.
- You may only place the video wall that you subscribe to onto sites that you own. For example, you cannot post a video wall to an online forum.
- You may not give the video wall to other people to place on their sites.
- If Selectable Media determines that a video wall is being used on any web site not owned by you, Selectable Media reserves the right to disable both the video wall subscription and your account EVEN IF YOU DID NOT CAUSE OR AUTHORIZE THE OTHER USAGE (e.g., the owner of the other site has taken the video wall without your consent).
- The developer of a video wall may have their own terms of usage for the video wall. Such terms may be presented at the time you subscribe to it.
- Selectable Media cannot and will not be liable for any loss or damage from use of the subscribed video wall, whether it be on a site you own or someone else's site.
Customers may access their Selectable Media account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Selectable Media, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that Selectable Media shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Selectable Media has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Selectable Media via the API may result in the temporary or permanent suspension of your account's access to the API. Selectable Media, in its sole discretion, will determine abuse or excessive usage of the API. Selectable Media will make a reasonable attempt via email to warn the account owner prior to suspension.
- Selectable Media reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Cancellation and Termination
- You are solely responsible for properly canceling your account and receipt of the Service. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides simple questions as well as the cancellation link.
- All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- Selectable Media, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Selectable Media service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Selectable Media reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Selectable Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason, with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Selectable Media Site (http://SelectableMedia.com) or the Service itself.
- Selectable Media shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
- Selectable Media and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
- By submitting content on the Selectable Media web site, you hereby grant to Selectable Media solely as necessary to provide the content through the Service, a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute and perform (if applicable) your content on the Selectable Media web site.
Disclaimer, No Warranties
Selectable Media AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Selectable Media ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Selectable Media, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Selectable Media, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Selectable Media WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Selectable Media OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Selectable Media, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Selectable Media NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF Selectable Media AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR OTHER ACQUISITION OF SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Without limiting the foregoing, under no circumstances shall Selectable Media or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Selectable Media OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON Selectable Media , OR ANY OTHER INTERACTIONS WITH Selectable Media , EVEN IF Selectable Media OR A Selectable Media AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Selectable Media 'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL Selectable Media OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER Selectable Media MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Selectable Media AND RECEIVED THROUGH OR ADVERTISED ON Selectable Media OR RECEIVED THROUGH ANY LINKS PROVIDED ON Selectable Media.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Technical support is not guaranteed. We will attempt to respond to emails, but we cannot guarantee the time period or a response at all. There will be no phone support available.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Selectable Media, or any other Selectable Media service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Selectable Media.
- We may, but have no obligation to, remove any content or Account containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Selectable Media customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Selectable Media) of other Selectable Media customers, we reserve the right to immediately disable your account or throttle your video wall serving until you can reduce your bandwidth consumption.
- Selectable Media does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- The failure of Selectable Media to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Selectable Media and govern your use of the Service, superceding any prior agreements between you and Selectable Media (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support@SelectableMedia.com.
Selectable Media.com Corp. Partners’ Terms of Service
This website (this "Site") is operated by, or on behalf of, Selectable Media.com Corp ("Selectable Media"). This Site, and/or the internet domains "*.Selectable Media.com", and all other domains operated by or on behalf of Selectable Media (collectively, the "Selectable Media Domains") may provide Widget Media (as defined below), and/or video wall rich media content, sourced from one or more advertisers or agencies and content owners (the "Suppliers"), including copyright protected music and video entertainment, to owners of websites for display and distribution from their websites . Please read these Selectable Media.com Terms of Service ("Terms of Service") carefully. These Terms of Service, including all documents referenced herein, along with any Selectable Media Network Preferred Affiliate Agreement signed by you or any other written Widget Media contract you have entered into with Selectable Media, represent the entire understanding between Selectable Media and you regarding: (i) your use of this Site, (ii) your acceptance of content served up by this Site and/or any other Selectable Media Domains, (ii) the inclusion of Selectable Media Widget Media on your websites, and (iii) your use of any Selectable Media Intellectual Property, and supersede any prior statements or representations with respect to any of the above.
Access to, and/or distribution or use of, this Site and any other Selectable Media Domain is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Site or of any other Selectable Media Domain would be deemed illegal by governing law, such access, distribution and/or use is prohibited. By visiting any area on this Site, and/or by uploading or downloading any video wall media that are provided by Selectable Media ("Widget Media") through this Site or through any other Selectable Media Domain, and/or by allowing any third-parties to use such Widget Media, you are deemed to have accepted these Terms of Service. If you do not agree to abide by these Terms of Service, please do not use this Site or any of the other Selectable Media Domains, or upload or download any Widget Media provided by Selectable Media.
Except for third-party content, you acknowledge that Selectable Media owns all right, title and interest in and to the Widget Media, including without limitation, to: the computer programs, software, online platform technology ("Technology"); the trademarks, trade names, brand names, trade dress, logotypes, symbols, service marks, domain names and the goodwill of the business symbolized thereby, domain names and other distinctive features ("Trademarks"); the methodologies, processes, techniques, ideas, concepts, trade secrets and know-how ("Knowledge"); and the copyrights, patents and other intellectual property rights relating thereto (collectively, the "Selectable Media Rights"). You agree not to remove, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or contained within the Widget Media.
Selectable Media hereby grants to you a non-transferable, non-sublicenseable, non-exclusive license during the Term to display certain of Selectable Media's Trademarks as such are provided to you by Selectable Media hereunder (the "Selectable Media Trademarks"), for the purpose of promoting or advertising that you are using the Widget Media. Any such use of the Selectable Media Trademarks is subject to Selectable Media's prior approval and compliance with Selectable Media's Trademarks guidelines. Selectable Media may modify the Selectable Media Trademarks or the guidelines at any time.
Nothing in these Terms of Service will grant or will be deemed to grant you any right, title or interest in or to any Selectable Media Trademarks. All use by you of the Selectable Media Trademarks (including all goodwill associated therewith) will inure to Selectable Media's benefit. At no time during or after the Term will you challenge or assist others in challenging in any way the Selectable Media Trademarks or the registration thereof by Selectable Media, nor will you attempt to register any Selectable Media Trademarks (including domain names) or any other Trademarks that are substantially similar in any way (including but not limited to, sound, appearance and spelling) to the Selectable Media Trademarks.
Limitations on Use
The services, products, and information on this Site and on the other Selectable Media Domains include access to Selectable Media's Widget Media, which can be placed on the personal and public pages of other websites. Widget Media may contain content provided by a third party that requires the end-user to agree to additional terms and conditions before using such Widget Media. You understand that Selectable Media will provide Widget Media on a nonexclusive basis, and that Selectable Media will continue to customize and provide its services to other parties for use in connection with a variety of applications.
You may not use the Widget Media in any manner that either directly or indirectly: violates (1) any federal, state, or local law, (2) any court, regulatory or other order or judgment against you, or (3) any right of any person or entity.
To the extent you permit or allow any third party to download or otherwise use any Widget Media, you will impose obligations on such third parties so as to protect Selectable Media's rights in such Widget Media at least to the extent such rights are protected in these Terms of Service.
You may not reference or use any Widget Media in any manner that implies a partnership or affiliation with, sponsorship, or endorsement by Selectable Media, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Selectable Media or Selectable Media personnel. Your site will not, in any way, copy or resemble the look and feel of any part of this Site or of any other Selectable Media Domain, or of Selectable Media's Widget Media, nor will you create the impression that your site is a Selectable Media website or is a part of this Site or hosted on a Selectable Media Domain.
You acknowledge and agree that we may use date capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from the use of Widget Media. To the extent that any such data or information is collected by us, Selectable Media shall exclusively own such data or information and may use such data or information for any lawful purpose. The provisions of this paragraph are in addition to, and not intended to limit or modify, the rights of Selectable Media as set forth in the Intellectual Property paragraph contained herein.
Selectable Media reserves the right, in its sole discretion, to terminate or modify your permission to display the Widget Media at any time and to take action against any use that does not conform to these Terms of Service.
Copyright Infringement Policy
Selectable Media values intellectual property and respects the intellectual property rights of others, and will remove materials on this Site and on any other Selectable Media Domain that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this Site or on any other Selectable Media Domain, then pursuant to Title 17, United States Code, 512, you may notify Selectable Media's Designated Agent in writing as follows:
Name of Designated Agent: __________________
Address: Selectable Media.com
307 Seventh Ave
New York, NY 10001
Telephone number: _________________
Electronic Mail Address: _________________
In your notice, you must include the following:
- a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
- identification of the copyrighted work(s) that is (are) allegedly being infringed;
- identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow us to locate such materials;
- contact information (i.e., name, address, email address) sufficient to enable Selectable Media to contact you;
- a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
Selectable Media IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSS RELATED TO THE USE OF THIS SITE AND/OR ANY OTHER Selectable Media DOMAIN OR THE USE OF THE WIDGET MEDIA. THIS SITE, ALL OTHER Selectable Media DOMAINS, ALL MATERIAL CONTAINED ON THIS SITE AND ON THE OTHER Selectable Media DOMAINS (INCLUDING BUT NOT LIMITED TO ALL WIDGET MEDIA) AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THIS SITE OR THE OTHER Selectable Media DOMAINS, THE WIDGET MEDIA, OR ANY OF THEIR FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THIS SITE OR ANY OTHER Selectable Media DOMAIN OR ANY OF THE MATERIALS CONTAINED THEREON, INCLUDING BUT NOT LIMITED TO THE WIDGET MEDIA. ANY INFORMATION CONTAINED WITHIN THIS SITE OR ANY OTHER Selectable Media DOMAIN, OR WITHIN THE Selectable Media WIDGET MEDIA IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. Selectable Media RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE OR TO ANY OTHER Selectable Media DOMAIN, AND/OR TO THE WIDGET MEDIA WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR ANY SUCH PAGES OR THE WIDGET MEDIA NOT BEING AVAILABLE AT ALL TIMES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND ANY OTHER Selectable Media DOMAIN AND OF THE WIDGET MEDIA IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY COMPUTER SYSTEM DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THIS SITE, OF ANY OTHER Selectable Media DOMAIN, AND/OR OF ANY WIDGET.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO TH E MAXIMUM EXTENT ALLOWED BY LAW. Limitation of Liability
YOU AGREE THAT Selectable Media SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES) WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Selectable Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM: (1) USE OR MISUSE OF AND/OR RELIANCE ON THE WIDGET MEDIA (2) ANY THIRD-PARTY CONTENT IN A WIDGET, (3) INABILITY TO USE THE WIDGET MEDIA, (4) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WIDGET MEDIA (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES); (5) USE OR INABILITY TO USE OR ACCESS THIS SITE OR ANY OTHER Selectable Media DOMAIN, OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE; OR (6) ANY OTHER MATTER RELATED TO THE WIDGET MEDIA OR TO THIS SITE OR TO ANY OTHER Selectable Media DOMAIN. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
You hereby agree to indemnify, defend and hold Selectable Media and its affiliates, and their respective directors, officers, agents, employees, representatives, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all losses, liability suits, claims, damages, expenses and costs (including reasonable attorneys' fees and expenses) incurred by any Indemnified Parties in connection with any claim arising out of, or relating directly or indirectly to, or resulting from: (i) the uploading or use of any Widget Media or any content related thereto, or the serving of Widget Media from the Selectable Media Domains; (ii) any action or inaction that would constitute a breach of any obligation, warranty, representation or covenant made by you under these Terms of Service or under any Selectable Media Network Preferred Affiliate Agreement or any other Widget Media contract you have entered into with Selectable Media, or (iii) any third party lawsuit or proceeding brought against Selectable Media based upon a claim that any action of yours, your access to or use of the Site or of any other Selectable Media Domain, or of any Widget Media, or any of the content on your website or your Trademarks infringe any copyright, trade secret or Trademark of a third party or otherwise violate the rights of any third party. You will not enter into any settlement or compromise of any indemnified claim without Selectable Media's prior consent. You shall cooperate as fully as reasonably required in the defense of any such claim. Selectable Media reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
You may indicate that your website uses Widget Media provided that you are in compliance with all of your obligations under these Terms of Service and under any Selectable Media Network Preferred Affiliate Agreement or other Widget Media contract you have entered into with Selectable Media, and further provided that your website does not, in Selectable Media's reasonable opinion: (1) tarnish, infringe, or dilute Selectable Media's Trademarks; (2) violate any applicable law; (3) infringe or violate any third-party rights; or (4) subject Selectable Media to an undue risk of liability. If you wish to use Selectable Media Trademarks and/or logo in any manner, you must first obtain Selectable Media's written consent.
Selectable Media may amend, modify or terminate these Terms of Service, either with respect to your use of the Widget Media or generally for all users, at any time, with or without warning or cause. Any new features that augments or enhances the Widget Media will be owned by Selectable Media and subject to the Terms of Service
Unless otherwise provided for in any Selectable Media Network Preferred Affiliate Agreement or other Widget Media contract you have entered into with Selectable Media, the term of the Terms of Service will commence on the date upon which you add Widget Media to your Site and will continue in force thereafter, unless terminated as provided in these Terms of Service or in any Selectable Media Network Preferred Affiliate Agreement or other Widget Media contract you have entered into with Selectable Media.
Selectable Media may change, suspend or discontinue all or any aspect of the Widget Media, including their availability, at any time, and may terminate your use of the Widget Media at any time. In addition, Selectable Media may elect to cease providing Widget Media to your site at any time, for any reason, or for no reason including, but not limited to, if you engage in any action that reflects poorly on Selectable Media or otherwise disparage or devalue the Selectable Media Trademarks or Selectable Media's reputation or goodwill.
In the event Selectable Media elects to cease providing Widget Media to your Site for any reason (i) all license rights granted in these Terms of Service will terminate and (ii) you will immediately delete any and all Selectable Media Trademarks, Widget Media and Widget code from such Site
You acknowledge that your breach of any of the service/license restrictions as contained in these Terms of Service may cause irreparable harm to Selectable Media, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Selectable Media may be legally entitled, Selectable Media will have the right to seek immediate injunctive relief in the event of a breach or threatened breach of such sections by you or any of your officers, employees, consultants or other agents without the need to post a bond.
Any notice to Selectable Media required for or permitted by the Terms of Service will be in writing and will be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally, (ii) by overnight courier upon written verification of receipt, or (iii) by certified or registered mail, return receipt requested, upon verification of receipt. All notices to Selectable Media must be sent to the attention of the Selectable Media Management at:
307 Seventh Ave
New York, NY 10001
You may not assign your rights or delegate your obligations under the Terms of Service without Selectable Media's prior written consent. The parties are independent contractors. Neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other.
Use of this site, of the other Selectable Media Domains, and of the Widget Media, along with these Terms of Service, shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute concerning your use of this Site or of any other Selectable Media Domain, or of any Widget Media shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, Selectable Media may at any time seek injunctive or other appropriate legal or equitable relief against you and/or against others, in any state or federal court in the state of New York, in the event that Selectable Media believes that you have violated or threatened to violate any of Selectable Media's intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts and agree to waive any right to a jury trial.
If any portion of these Terms of Service are deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Terms of Service will be deemed severable and will not affect the enforceability or validity of the remaining portions of these Terms of Service. No waiver by Selectable Media of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or of any other term, and Selectable Media's failure to assert any right or demand compliance with any provision of these Terms of Service shall not be deemed to constitute a waiver of any such right or provision.
These Terms of Service, along with any Selectable Media Network Preferred Affiliate Agreement signed by you or any other written Widget Media contract you have entered into with Selectable Media constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Selectable Media.
© 2012 Selectable Media.com Corp. All rights reserved.