Policies

Privacy Policy

Introduction

MAED Media LLC, a California limited liability company (“We” or the “Company”) operates the MAED service (the “Service”), which includes our website at www.maed.co (our “Website”).

This Privacy Policy (this “
Policy”) describes our practices for the collection and use of information we may collect from users of the Service.  It does not apply to information collected by us offline or through any other means, including on any other website operated by us or any third party; or by any third party (including our affiliates and subsidiaries).

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, do not access the Website, or use the Service. By accessing the Website, or using the Service, you agree to this Policy.  We may make changes to this Policy from time to time. Your continued use of the Service after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Service is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Service. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Service or on or through any of its features.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at:

MAED Media LLC
2633 Lincoln Blvd., Suite 153
Santa Monica, CA 90405
Attn: Legal

Our Privacy Practices

Information We Collect
When you use the Service, we may collect information about you or your use of the Service.  Examples of this information are (but not limited to):

  • Information by which you may be personally identified, such as name, postal address, email address, and telephone number (“Personal Information”);
  • Information that is about you but individually does not identify you; and
  • Information about your internet connection, the equipment you use to access our Service and usage details.
  • Information about your device, such as the type and model, manufacturer, operating system (e.g. iOS or Android), carrier name, IP address, mobile browser (e.g. Chrome, Safari), and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID, or unique device identifier (a number uniquely allocated to your device by your device manufacturer);
  • Log information, including the website visited, the time and your time zone, network connection type (e.g., WiFi, cellular), and cookie information;
  • The geo-location of your device (using GPS or other geo-location data), when location services have been enabled for the browser accessing our Service;
  • Non-personally identifying information that third parties have collected and share with us to help better provide the Service.

Information We Collect Directly
We collect this information directly from you when you provide it to us, for example:

  • Information that you provide by filling in forms on our Service, submitting inquiries, or requesting further services relating to the Service or your use of the Service;
  • Records and copies of your correspondence (including email addresses), if you contact us;
  • Posted Content (as defined in the Terms of Service)
  • Your responses to surveys that we might ask you to complete for research purposes; and

Information We Collect Through Automatic Data Collection Technologies
As you interact with our Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your use of our Service, including traffic data, location data, logs and other communication data and the resources that you access and use on the Service; and
  • Information about your device and internet connection.

The information we collect automatically is statistical data and does not include personal information.  It helps us to improve our Service and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns;
  • Store information about your preferences, allowing us to customize our Service according to your individual interests; and
  • Recognize you each time you use the Service.

We may use third party analytics services (e.g. Google Analytics) to provide us with analytic data collection and reporting.  We will not provide any personally identifiable information to such third parties.

How We Use the Information We Collect
We use the information we collect to provide and improve our Service.  For example, we use it to help users find products and services to meet their needs, and to optimize and improve our technologies and delivery of our Service.  We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Service and its contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
  • To send you administrative e-mails, such as technical support, security and maintenance notices.
  • To notify you about changes to our Service or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Service.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the order form or registration form) or adjust your user preferences in your account profile, or by sending us an email stating your request to hello@maed.co.  If we have sent you a promotional email, you may select the “unsubscribe” link at the bottom of the email and follow the opt-out instructions. This opt out does not apply to information provided to the Company as a result of a product or service purchase, product service experience, or other transactions.

Accessing and Correcting Your Information
You can review and change your personal information by sending us an email to hello@maed.co to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

General Provisions

How We Respond to “Do Not Track” Signals
Your iOS mobile device may provide a “Limit Ad Tracking” setting.  On Android devices, your settings may allow you to “Opt out of Interest-Based Ads.”  When you have opted out using one of these settings on a device, we will not use in-app information collected from that device to infer your interests or serve ads to that device that are targeted based on your inferred interests.  Your web browser may also provide a “Do Not Track” browser setting. When you have enabled this setting in your browser, we will not use web browsing information from that browser to infer your interests or serve ads to that device that are targeting based on your inferred interests.

The activities of any third parties are subject to their own privacy policies and are not covered by this policy

Data Collection Technologies
The technologies for data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Service.
  • Other Technologies. Certain web pages on our Website and Applications, and our emails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-party Use of Cookies and Other Tracking Technologies.
Some content or applications, including advertisements, on our Service or on other websites or mobile applications are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. Your device manufacturer and network service providers may also collect information about your use of their devices or services.  These third parties may use cookies alone or in conjunction other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services.  They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • to our subsidiaries and affiliates;
  • to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
  • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about end users or our Service users is among the assets transferred;
  • to fulfill the purpose for which you provide it;
  • for any other purpose disclosed by us when you provide the information; or
  • with your consent.

We may also disclose your personal information:

  • to comply with any court order, law or legal process, including to respond to any government or regulatory request;
  • to enforce or apply our terms of service [INSERT AS LINK TO TERMS OF SERVICE] and other agreements, including for billing and collection purposes; or
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.

Choices About Tracking Technologies and Advertising
You can set your device or browser to refuse all or some cookies, or to alert you when cookies are being sent.  If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We will use commercially reasonable efforts to safeguard the information that you submit to us.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.

California Residents
Section 1798.83 of the California Civil Code permits California residents to request from certain businesses, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. If you are a California resident, and Company is subject to California Civil Code Section 1789.3, you may make one request each year by contacting us at the email address below. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800)-952-5210.

Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page.  If we make what we, in our sole discretion, believe is a material change to this Policy, we will notify our registered Service users by email to the email address specified in each user’s account or through a notice on the Service home page.  The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at hello@maed.co.

Terms of Service

These Terms of Service (the “Terms”) govern the relationship between you and MAED Media LLC, a California limited liability company (hereinafter, “Company,” “us,” or “we”) regarding your access to and use of this website (the “Website”), and products and services we provide through or in connection with the Website, including any products or services that facilitate your use of such services (collectively the “Service”).  The Service is owned and operated by the Company.

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT. OR BY ACCESSING OR USING THE SERVICE OR ANY CONTENT OFFERED THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS.  IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICE.

Use of the Service is also governed by the following policies, which are incorporated herein by reference:

  • Our Privacy Policy
  • Our Affiliate Disclosure

We may publish additional policies related to specific services such as forums, contests, or loyalty programs.  Your use, if any, of such services is subject to such specific policies and these Terms.

If you are using the Service on behalf of another person or entity (the “Principal User”), then you personally represent and warrant to us that the Principal User has authorized you to act on the Principal User’s behalf and to bind the Principal User by these Terms; you hereby agree to these Terms in the name of and on behalf of the Principal User.  Except in the prior sentence, as used in these Terms (and the Privacy Policy and any other policies), “you” refers to the Principal User on behalf of whom the service is used.

  1. Right, License and Restrictions.
    1. Limited License.  Subject to your agreement to, and continuing compliance with, these Terms and any other relevant Company policies, we grant you a non-exclusive, non-transferable, revocable limited right and license to access and use the Service.  As used in these Terms, “Other User” means another licensee or user of the Service; “All Users” means you and all Other Users.
      1. The Website. We grant to you a non-transferable, non-exclusive, right to access and use the Services on the Website for your personal use.
    2. Minimum Age Requirement.  If you are under the age of 13, you are not permitted to use any feature or other part of the Service, or submit any personal information.  If you are age 13 through 17, you may not submit any personal information to the Service, but may visit and view content on the Website, and represent and warrant that your parent or legal guardian agrees to these Terms.  Some content may contain adult language and material, and may not be suitable for persons under 18 years of age.
    3. Use of the Service:  The following restrictions apply to the use of the Service:
      1. You accept full responsibility for any use of the Service;
      2. Except for using features of the Service in the manner they are intended to be used, you shall not advertise, solicit or transmit any commercial advertisements, including chain letters, junk email or repetitive messages to anyone;
      3. You shall not use the Service to engage in any illegal conduct;
      4. You shall not reproduce, distribute or publicly display any content you access through the Service unless such content is clearly marked as “public” and you have been given the right to view such content; and
      5. You shall not do anything with any content you access through the Service that has been marked with restrictions or other instructions that is counter to such restrictions or other instructions.
    4. Service Use Limitations and Prohibitions.
      1. General Effects of Violations.  Any use of the Service in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1, and may subject you to liability for violations of law.  We may limit or restrict use of the Service by anyone whom we reasonably believe has or will violate any applicable law in connection with using the Service.
      2. Activity Prohibitions.  You agree that you will not, under any circumstances:
        1. Engage in any act that the Company deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms;
        2. Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
        3. Modify or cause to be modified any files or content that are used to offer the Service, without the express prior written consent of the Company;
        4. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer, server, or network equipment used to offer or support the Service (each a “Server”) or (2) the use or enjoyment of the Service by any other person;
        5. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
        6. Gain, or attempt to gain, unauthorized access to the Service, Servers or networks connected to the Service by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service);
        7. Post any information that is abusive, threatening, obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive;
        8. Post any information that contains nudity, excessive violence or offensive subject matter or that contains a link to such content;
        9. Harass, abuse, harm, or advocate or incite harassment, abuse or harm of another person or group of persons, including the Company’s employees or customer service representatives;
        10. Post, distribute or make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity or impersonates any other person;
        11. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
        12. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
        13. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
        14. Make any automated use of the Service or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, as we determine in our sole discretion;
        15. Bypass any robot exclusion headers or other measures we take to  restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service, or harvest or manipulate data from, through, or relating to the Service;
        16. Use, facilitate, create or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service or (2) any connection using programs, tools or software not expressly approved in writing by the Company;
        17. Copy, modify or distribute rights or content from any Company site, including but not limited to content that contains or is protected by the Company’s copyrights or trademarks or use any method to copy or distribute the content of the Service, except as specifically allowed in these Terms;
        18. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image, video, or other form), identification documents or financial information through the Service; or
        19. Upload or transmit (or attempt to upload or to transmit), without the Company’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
    5. Suspension and Termination of Service:
      1. FAILURE TO COMPLY.  WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS OR YOUR USE IS USED FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE OF THE SERVICE. WE SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION, OR DELETION OF YOUR ACCESS TO THE SERVICE.
      2. IP INFRINGEMENT.  
        1. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.  
        2. REPEAT INFRINGERS.  IN APPROPRIATE CIRCUMSTANCES IT IS OUR POLICY TO SUSPEND OR TERMINATE ACCESS OF USERS WHO ARE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
      3. Right to Cease Service.  We reserve the right to stop offering and/or supporting the Service or part of the Service at any time, at which point the license granted hereunder to you to use the Service or a part thereof will automatically terminate.  We shall not be required to provide refunds, benefits or other compensation to users in connection with such cessation of the Service or any part thereof.
    6. Intellectual Property Ownership in the Service.  The Service, and all of its components and contents, (including without limitation any computer code, template content, pre-populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) is owned by the Company or its licensors, and all of which material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.  
    7. Your Content.
    8. Posted Content: “Posted Content” means any information, content, communications, videos, images, sounds, and all the material, data, and information that you upload, post, publish or transmit through the Service. By transmitting or submitting any Posted Content you assume all risks associated with the Posted Content and affirm, represent and warrant that such transmission or submission (a) is accurate and not confidential; (b) not in violation of any applicable law, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Posted Content; (c) will not result in any infringement of the intellectual property rights of any third party or violate or misappropriate any rights of publicity or privacy for any third party; and (d) is free of viruses, adware, spyware, worms or other malicious code.  You further represent and warrant that you have all rights necessary to transmit Posted Content to us and to grant the rights in Posted Content granted to us under these Terms.
    9. Licenses to Posted Content: You hereby grant us a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works of, manufacture, introduce into circulation, publish, distribute, sublicense, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Posted Content as well as all modified and derivative works thereof.  We will only exercise the rights granted in this Section 2 to offer or to facilitate the offering of Services. To the extent permitted by applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you may have in any Posted Content. We will cease any further public display or distribution of any Posted Content if you use the features of the Service that permit you to indicate that certain Posted Content is to no longer be displayed or distributed to Other Users except we retain the right to display or distribute any Posted Content as necessary for us to fulfill legal duties or in connection with bringing or defending any legal claims or actions that may arise now or in the future.
    10. Release For Disputes.  You hereby release us, and our officers, directors, agents, subsidiaries, joint ventures and employees, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute that arises between you and any other User or third party.  If you are a California resident, you acknowledge that you are aware of, understand, and waive any rights you may have under the provisions of California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
  2. Third Party Advertising.
    1. Third Party Advertisements.  You understand that the Service may feature advertisements from us or third parties.  The Privacy Policy addresses our disclosure of information for third party advertising.
    2. Links to Third Party Sites and Dealings with Advertisers.  We may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit.  Any charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods, or services provided by any third party even if linked from our Service, and we will not be liable for any claim relating to any third party content, goods, or services.  The linked sites are not under our control and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply our endorsement of these linked sites.
  3. Copyright Notices; Complaints. If you believe any materials, content on the Website, Applications or otherwise contained in the Services infringes upon your copyright, we have procedures in place for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyright Act (“DMCA”).  All claims of copyright infringement and/or defamation must be delivered to us in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:

MAED Media LLC
2633 Lincoln Blvd., Suite 153
Santa Monica, CA 90405
Attn:  Copyright Agent

To be effective, each notice must be in writing and contain the following information: (i) A physical or electronic signature of a person authorized to act on behalf of (a) the owner of an exclusive right that is allegedly infringed or (b) the person defamed; (ii) A description of the copyrighted material claimed to have been infringed upon; (iii) A description of the location of the allegedly infringing material reasonably sufficient so as to enable us to identify and locate the potentially infringing material; (iv) A statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by the copyright or other proprietary right owner, its agent, or under the law; and (v) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon or on behalf of the person defamed.  We reserve the right to terminate without notice any user’s access to the Service if that user is determined by us to be a “repeat infringer.” In addition, we accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.

  1. Updates to the Service.  You understand that the Service undergoes frequent changes.  We may require that you accept updates to the Service in order to continue using the Service.  You acknowledge and agree that we may update the Service without notifying you. YOU FURTHER ACKNOWLEDGE THAT CERTAIN FEATURES OF THE SERVICE MAY BE ALTERED OR DISCONTINUED AT ANY TIME IF WE REASONABLY BELIEVES THAT SUCH ALTERATION OR DISCONTINUANCE IS NECESSARY TO BE IN COMPLIANCE WITH APPLICABLE LAW.  
  2. Disclaimer; Limitations; Waivers on Liability; Indemnification.
    1. Disclaimer of Warranties.
      1. SERVICE PROVIDED “AS IS”.  THE CONTENT ON THE WEBSITE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
      2. NO WARRANTY OF ERROR-FREE OPERATION.  WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “COMPANY PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.   
      3. NO WARRANTY REGARDING ACCESS TO CONTENT.  WE DO NOT WARRANT THAT ALL CONTENT OR INFORMATION POSTED BY A USER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. WE DO NOT WARRANT THAT THE SERVICE OR ANY INFORMATION POSTED BY A USER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY US OR THROUGH THE SERVICE.
    2. Limitations; Waivers of Liability.
      1. DISCLAIMER OF INDIRECT DAMAGES.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
      2. NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
      3. DISCLAIMER MAY NOT BE APPLICABLE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
      4. The Service is offered and controlled by the Company from its offices in the United States of America.  The Company makes no representations that the Service is either appropriate or available for use in other locations.  Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local law.
    3. Indemnification.  You agree to defend, indemnify, save, and hold the Company parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of the Service.
  3. Dispute Resolution.
    1. General.  If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.  Accordingly, you agree that we will resolve any claim or controversy at law or equity (a “Claim”) that arises out of these Terms, the Service, or any products or services provided by us in accordance with one of the subsections below or as we and you otherwise agree in writing.  Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.  Other than those matters listed in Section 7.2, you agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 7, and not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
    2. Exclusions from Arbitration.  YOU AND THE COMPANY AGREE THAT ANY CLAIM FILED BY YOU OR BY THE COMPANY IN SMALL CLAIMS COURT OR BY US RELATED TO PROTECTION OF OUR OR ANY COMPANY LICENSOR’S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 7.
    3. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS.  IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS SECTION 8, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO THE COMPANY, ATTN: TERMS ADMINISTRATOR, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR USERNAME, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH THE COMPANY THROUGH ARBITRATION.
    4. Class Action Waiver.  ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE COMPANY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
    5. Initiation of Arbitration Proceeding; Selection of Arbitrator.  If you or the Company elect to resolve your dispute through arbitration, the party initiating the arbitration proceeding must initiate it with the American Arbitration Association (“AAA”). The terms of this Section 8 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
    6. Arbitration Procedures.  You and the Company agree that the Service, and products and services offered through or in connection with the Service, involve interstate commerce.  The Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes and any arbitration conducted pursuant to these Terms. However, applicable federal or state law may also apply to the substance of any disputes.  For claims of less than $75,000, the AAA’s Consumer Arbitration Rules shall apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  Further, if your claims do not exceed $75,000 and you provided notice to, and negotiated in good faith with, the Company as described above, and if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Company or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.  Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
    7. Location of Arbitration.  You or the Company may only initiate arbitration in Los Angeles County, California.
    8. Severability.  If any clause within this Section 7 (other than the Class Action Waiver clause of Section 7.4) is found to be illegal or unenforceable, that clause will be severed from this Section 7 and the remainder of this Section 7 will be given full force and effect.  If the Class Action Waiver (Section 7.4) clause is found to be illegal or unenforceable, this entire Section 7, except for this Section 7.8, will be unenforceable and the dispute will be decided by a court and IN THAT INSTANCE, YOU AND THE COMPANY EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
    9. Survival.  This Section 7 shall survive any termination of the Terms.
  4. General Provisions.
    1. Updates to the Terms and Privacy Policy.
      1. Right to Update.  We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms and our Privacy Policy at any time by posting the amended Terms or Privacy Policy through the Service.  You may also be given additional notice, such as an email message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective thirty (30) calendar days after they are initially posted.  We may also revise other policies, codes or rules at any time and the new versions will be available on the Website, or in the Service. No amendment to the Terms or Privacy Policy shall apply to any dispute of which we had actual notice before the date of the amendment.
      2. Seeking Consent.  If we revise these Terms or the Privacy Policy and seek your consent to be bound by such revised Terms or revised Privacy Policy and you do not agree to be bound by such revised Terms or revised Privacy Policy before using the Service again, then notwithstanding anything to the contrary, we reserve the right to terminate your use of the Service.
      3. Disagreement with Terms.  If at any time you do not agree to any provision of the then-current version of our Terms, the Privacy Policy or any other Company policy, rule or code of conduct relating to your use of the Service, your right to use the Service will immediately terminate, and you must immediately stop using the Service.
      4. Conflict.  To the extent these Terms or the Privacy Policy conflict with any other Company terms, policy, rule, or code of conduct, the provisions of these Terms and the Privacy Policy will prevail.
    2. Severability.  If any provision of these Terms or the Privacy Policy is found invalid, illegal, or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity, illegality, or unenforceability without affecting the validity, legality, or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.
    3. Assignment.  We may assign any of its rights or delegate any of its obligations under these Terms, in whole or in part, to any person or entity at any time without your consent.  You may not assign or delegate any rights or obligations under the Terms without our prior written consent; any purported assignment or delegation in violation of this Section 8.3 is void.
    4. Entire Agreement.  These Terms, together with any supplemental policies, the Privacy Policy, Affiliate Disclosure, and any other documents expressly incorporated by reference herein, contain the entire agreement between the Company and you with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
    5. No Waiver.  The failure of the Company to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.  The express waiver by the Company of any provision, condition or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers or other acts or omissions by the Company shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of the Company.
    6. Notices.  We may notify you via postings on the Website and via email or any other communications means through contact information you provide to us.  All notices given by you or required from you under these Terms or the Privacy Policy shall be in writing and addressed to the address in this Section 8.6.  Any notices that you provide without compliance with this Section 8.6 shall have no legal effect.

MAED Media LLC
2633 Lincoln Blvd., Suite 153
Santa Monica, CA 90405
Attn:  Terms Administrator

    1. Equitable Remedies.  You acknowledge that the rights granted and obligations made under these Terms to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone, so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.  You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 6.2.
    2. Force Majeure.  We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.

Choice of Law. These Terms and the Privacy Policy shall be governed by the laws of the State of California notwithstanding its conflict of laws provisions. 

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