EFFECTIVE AS OF October 1, 2023
IMPORTANT NOTICE REGARDING BINDING ARBITRATION: ANY DISPUTE BETWEEN YOU AND AMG, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION (SECTION 20 BELOW)CAREFULLY AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
You shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. Under no circumstances will AMG be responsible for charges incurred by you or by a person who has access to your devices.
A. You shall use the Services for lawful, non-commercial purposes only and on a non-exclusive, non-assignable, non-transferable basis. You shall not post or transmit through the Services any content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. You shall not post or transmit through the Services any content which contains advertising or any solicitation with respect to products or services. You shall not use the Services to advertise or perform any commercial purpose, including, without limitation, the solicitation of users to become subscribers of other services competitive with the Services. Any conduct by you that in AMG's discretion restricts or inhibits any other user from using or enjoying the Services is not permitted.
B. The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, animation, text, software, images, video, graphics, music and sound, and the rights to the contents of the Services under the United States copyright laws and other laws are owned or controlled by AMG. While you may access, view, use and display the Services for your personal, non-commercial use, you shall comply with all such laws related to the use of the protected material. You may not remove, modify, reproduce, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the content will be permitted without the express written permission of AMG and any relevant third party copyrights owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
C. Without limiting the foregoing, you may not modify, interfere with, enhance, remove or in any way:
i. any portion of any video player made available within the Services;
ii. any underlying technology in any video player made available within the Services; or
iii. any digital rights management mechanism, instrument or other content protections or access control measure incorporated into the Services or any video player therein.
This Section 5C includes without limitation the disabling, modifying, reverse engineering, interfering with or otherwise circumventing, in any manner, any video player made available in the Services.
D. The foregoing provisions of Section 5 are for the benefit of AMG, its subsidiaries, affiliates and its third party providers, contractors, advertisers, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
A. By submitting content to AMG or the Services, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you automatically grant, or warrant that the owner of such content has expressly granted, to AMG, its subsidiaries, its affiliates, its contractors, and its licensees, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such content (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, manner, media or technology now known or hereafter devised.
B. AMG shall have the right in its sole discretion to refuse to post or remove any content submitted to or posted on the Services. AMG does not have an obligation to review posted content on the Services, and AMG cannot assure that the content will either be appropriate or appropriately expressed. While AMG may review submissions, AMG does not assume responsibility for the contents of any submission. AMG may choose not to publish all or any content submitted to the Services at its sole discretion, and such choices cannot be disputed. Without limiting the foregoing, AMG shall have the right to remove any content that AMG, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. AMG reserves the right to alter content as appropriate for the medium.
C. You shall not e-mail, upload, post or otherwise make available on the Services any content protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights in the content, and the burden of determining whether any content is protected by such rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.
D. Subject to AMG's policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts or other content submitted by you will be treated as non-confidential and non-proprietary.
E. If you submit any content to AMG, you will be deemed to have made the following representations and warranties, upon which AMG will have the right to rely:
i. You have the sole and exclusive right to grant such rights to AMG;
ii. You have obtained any and all necessary rights and where required, written releases, from any and all recognizable persons appearing in the content, and from any and all persons who provided art work or any other material appearing in the content;
iii. AMG's exercise of the rights granted to AMG by you under Section 6. A. will not infringe on any rights of any third party, including, but not limited to, copyright trademark, privacy or publicity rights anywhere in the world;
iv. You hereby grant any other user of the site the right to access, view, store or reproduce the content for that user's personal use;
v. You waive your rights to attribution, integrity, or any other moral rights in the content in connection with its use by AMG and other authorized parties;
vi. You agree to allow use of your name, user name (if applicable), city and state in publicity or advertising without compensation; and
vii. You understand and agree that AMG shall have no obligation to copy, publish, display or otherwise exploit the content, nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the content by others.
A. The Services may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video and photographic content from the Services that is provided over the Internet. Certain RSS Feeds may be podcasts (“Podcasts”), which may include an audio, video and/or photographic file where the audio and/or video file may be downloaded and played from your device or (if permitted) transferred to another device. Certain software and hardware may be required for users to download and view and/or play content through RSS Feeds.
Content made available via RSS Feeds is subject to all of the provisions of these Terms, even though you may download, copy and/or transfer to a device, or through a device to another device, the RSS Feeds and associated content.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that we do not warrant that such RSS Feeds will operate on all devices.
B. AMG may offer Services through applications on mobile or other wireless devices including, without limitation, mobile phones and tablets (“Mobile Application Services”). These Terms govern your use of the Services through Mobile Application Services. In addition to these Terms, your carrier may have additional terms and conditions, including but not limited to fees and location limitations, which may apply to your use of the Mobile Application Services. You are solely responsible for any fees assessed by your carrier associated with the use of Mobile Application Services, including but not limited to text message and data fees as further described below.
A. Subscription to the Service. By subscribing to the Services, you represent and warrant that you are in lawful possession of the mobile phone or wireless device to which you are directing messages to be sent. You agree and represent that all registration and contact information provided during the sign-up process, including the mobile phone number registered for the Services, is accurate and current. If any of your registration or contact information or your mobile phone number changes, you agree to update it immediately. You are solely responsible for the use of the Services by you and anyone you allow access to the Services.
B. Quantity of Messages. The number of alerts received will vary by alert type and also depends on the settings you choose. Regardless of your settings, if you choose to receive Services from AMG, you acknowledge and agree that AMG may send you program related messages related to billing, maintenance, usage, tips, reminders, technical support and the operation of the Services.
C. Functionality; Security; Mobile Use Precautions. The Services may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier’s network and text messaging platform, and restrictions set by your carrier to your account. Neither AMG nor its third party service providers guarantee message delivery, completeness, accuracy, or timeliness, or that Services will be available at all times. Neither AMG nor its third party service providers are responsible for messages that are lost or misdirected.
D. Third Party Charges and Text/SMS Alerts. A mobile phone or wireless device is required to use the Services. The Services are not available on all carriers or on all rates plans. Even for Services for which AMG does not charge, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Services. Under no circumstances will AMG, its third party service providers, agents or affiliates be responsible or liable for any text messaging or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.
E. How to Opt Out. You may opt out of the text/SMS Services at any time by texting the keyword "STOP" in response to a message. Upon receipt of your opt-out message, you agree to AMG or its third party service provider sending to your mobile phone or wireless device an OPT OUT confirmation message that confirms your election to terminate participation in the Services and that may also contain contact information and/or instructions as to how you can opt back in to the Services. You agree that, upon opt-out, your participation in the Services is deemed terminated immediately.
Certain application Services may ask you if you would like to receive push notifications. If you agree, those notifications will be delivered to your device. If you wish to turn off the push notifications, you may do so in the application’s settings.
Under United States law, specifically the 21st Century Communications and Video Accessibility Act of 2010, all distributors who make video programming available using internet protocol are required to provide contact information for handling written closed captioning complaints. If you have a complaint regarding closed captioning, please send your written complaint to: Allen Media, LLC, Attn: Legal Department, 300 Interstate N Pkwy SE, Atlanta, GA 30339.
A. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER AMG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, “COVERED PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. IN NO EVENT WILL COVERED PARTIES OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, (I) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES, OR (II) ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO THE SERVICES, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES.
B. THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT AMG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
D. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL AMG'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
E. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF SECTION 8 MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless AMG and its suppliers, advertisers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of this agreement. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.
All trademarks appearing on the Services are the property of AMG or their respective owners.
AMG is not a publisher of content supplied by third parties and users of the Services. Accordingly, AMG has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of AMG. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. AMG neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized AMG employee spokespersons while acting in their official capacities.
AMG also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. AMG does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.
The business associates of AMG identified on the Services are independent contractors of AMG. The business associates are not joint venturers or partners of AMG. No employee or representative of the business associates is under the control of AMG.
The Services incorporate links to other Web sites. AMG does not in any way endorse, nor is it responsible for, the content on those other Web sites.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM (WITH LIMITED EXCEPTION) WILL BE CONDUCTED THROUGH A BINDING, CONFIDENTIAL, INDIVIDUAL, AND FAIR ARBITRATION PROCESS.
A. Neither you nor AMG will seek to have a Dispute (defined below) heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties involved therein. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and AMG concerning the Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and AMG empower an arbitrator with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any Dispute and any claim that all or any part of this Agreement are void or voidable.
B. In the event of a Dispute, you or AMG must first send by mail to the other a written notice of the Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Service(s) to which the Notice relates, and the relief requested. Your Notice to AMG must be sent by mail to the corporate address provided herein. AMG will send any Notice to you at the contact information it has for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. You and AMG will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period, you or AMG may commence an arbitration proceeding. Alternatively, you litigate the Dispute in small claims court if such Dispute meets the requirements to be heard in small claims court.
C. If you and AMG do not resolve the Dispute by informal negotiation or in small claims court, the Dispute shall be resolved by final, binding arbitration conducted before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Agreement. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267.
D. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of conflict or choice of law rules. Notwithstanding anything to the contrary herein, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
E. In accordance with the JAMS Rules, the party initiating the arbitration (either you or AMG) is responsible for paying the filing fee. The arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
F. You and AMG agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any informal negotiation, proceedings of the arbitration, the arbitrator’s decision, and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order.
G. This Section 20 shall survive termination of this agreement and/or any subscription to any Services which you may have.
If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney.
AMG finds certain content and gets permission from owners to use it in various audiovisual media, including, without limitation, digital and television programming and podcasts. We need a license from the owner to use the audiovisual and/or other content that we specified in correspondence to you, in our programming and/or other media.
This page outlines the terms of the license you are granting to us. Your approval, whether communicated by email or otherwise, acknowledges that you are licensing the Content to us, subject to the terms outlined below.
By accepting this license you agree that:
1)You grant to us and our affiliated companies, a license that is: -perpetual (meaning that it never expires); - non-exclusive (meaning that you are free to license the content to anyone else); -irrevocable (meaning that, once granted, your permission cannot be withdrawn); - royalty-free (meaning that we do not pay you for the content); - sub-licensable (meaning that we can license the content to third parties, provided that we will not do so on an a la carte, standalone basis); - transferable (meaning that we can transfer these rights to third parties); and - worldwide; which license permits us to use, reproduce, edit, reformat, publicly perform, distribute,display, prepare derivative works from, and exploit the content (in whole or in part), and/or to incorporate it in other works, in any media now known or hereafter created.
2) You represent and warrant that you are the sole owner of the content, or that you have all necessary licenses, rights, consents, and permissions to grant us this license to the content. You also represent and warrant that no additional third party permissions (including, without limitation, permissions by persons depicted in the content) are required for AMG's use of the content as described above.
3)In exchange for granting these rights, you have received from AMG good, valuable, and sufficient consideration, including your desire to participate in our programming as well as any credit in our programming that may be granted to you in our sole and absolute discretion.
Other than the rights granted to AMG herein, as between you and AMG, you retain all rights in and to the content.
Contact information for our applications and websites:
Allen Media Digital, LLC
1925 Century Park East, 10th Floor
Los Angeles, CA 90067
Attn: Legal Dept.