Terms of Use
Terms Of Use
Effective as of: August 1st 2015
These Terms of Use are part of the agreement between Monday Sessions Media, Inc. ("MSM", "we", "us" or "our") and each visitor or registered user, as the case may be (each, a "user" or "you") concerning the use of CheeseheadTV.com ("Website") or our mobile application (collectively, the "Service"). The other parts of the agreement are the Terms of Sale, Privacy Policy and incorporated Youtube Terms. By using the Service, you agree to be bound by the Terms of Use ("Agreement"), whether or not you are a registered user. .
This Agreement sets out the legally binding terms for your access and use of the Service. We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted.
This Agreement includes our Acceptable Use Policy concerning content posted on the Service.
1. User Age
You represent and warrant that you are 13 years of age or older and that your use of the Service will not violate any applicable law or regulation. If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of the Service.
2. Personal Non-Commercial Use
The Service is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
3. Ownership; Proprietary Rights
3.1. MSM owns the Service. You acknowledge that you do not acquire any ownership rights by using the Service.
3.2. Copyright. All content (including without limitation any pictures, logos, images, text and podcasts) appearing on the Service is our property or the property of our licensors or suppliers and is protected by copyright under the copyright laws of the United States and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
3.3. Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included on the Service are our trademarks or trademarks of our licensors, or sponsors (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and/or other countries. The Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, us.
3.4. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on our Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on our Service; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
Corey Behnke
483 10th Ave. Suite 310
Email: [email protected]
We suggest that you consult your legal advisor before filing a notice with our copyright agent because there maybe penalties for false claims under the DMCA.
4. Podcasts.
If you download one of our podcasts through the Service, then you consent to the downloading of data to your local computer or mobile device.
5. Registration
5.1. By registering for the Service, you acknowledge and agree that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your personal profile may be deleted without warning if it is found that you are misrepresenting any information. Your registration is solely for your personal use, and you shall not authorize others to use your account. You may only register once for the Service. If you would like to change your user name, please email us at [email protected]. Multiple registrations will result in the removal of your registration privileges under any user name. We reserve the right, in our sole discretion, to review and delete your registration should we find something that might be considered objectionable.
5.2. Term and Termination. This Agreement shall remain in full force and effect while you use the Service. You may terminate your registration at any time, for any reason, by contacting us. We may terminate your registration for any reason and at any time, effective upon sending notice to you at your registered email address.
6. User Disputes
You are solely responsible for your interactions with other registered users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
7. Submissions; Acceptable Use Policy.
7.1. Submissions; Monitoring. The Service enables you to post comments and other content (“Submissions”). You are solely responsible for all Submissions published or displayed through your account. You represent and warrant that: (i) you own the Submission or otherwise have the proprietary rights to the Submission, and (ii) your Submission does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to comply with any Submission size and usage limitations. You acknowledge and agree that we have the right to monitor and to alter, edit, refuse to post or remove any Submissions that you post, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission.
7.2. Grant of License to Submissions. By posting Submissions to our Service, you automatically grant, and represent and warrant that you have the right to grant us a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, display, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on our Service and elsewhere. No Submissions shall impose any obligation on us, whether of attribution or otherwise, and we shall not be liable for any use or disclosure of any such Submissions.
7.3. Acceptable Use Policy. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the registration of such violators.
7.3.1. Restricted content. You agree not to post or otherwise submit to the Service any Submission that:
(i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) harasses or advocates harassment of another person;
(iii) is fraudulent, or promotes information that you know is false or misleading,
(iv) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work, such as by linking to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link;
(vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(vii) provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone;
(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(xi) uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to a personal profile;
7.3.2. Other prohibit conduct. You agree to not engage in the following conduct:
(i) transmit "junk mail," "chain letters," or unsolicited mass mailing or "spamming;"
(ii) collect user names or email addresses by electronic or other means for the purpose of sending unsolicited email.
(iii) advertise or solicit any user of the Service to buy or sell any products or services;
(iv) cover, obscure or block any advertisements on the Service;
(v) automate the use of the Service, such as by using scripts;
(vi) attempt to impersonate another registered user or person who is not a registered user of the Service; use the account, user name, or password of another registered user at any time; disclose your password to any third party or permit any third party to access your account; or sell or otherwise transfer your registration; or
(vii) use the Service for any illegal or unauthorized purpose, you agree to comply with all laws, rules, and regulations (for example, federal, state, local) applicable to your use of the Service;
(viii) interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts the Service, services connected to the Service, or otherwise interferes with operations or services of the Service in any way.
8. Third-party services.
In order to provide you with a rich set of features, we may utilize third-party service providers. You agree that we can exchange information with our third-party services providers, under our Privacy Policy, as necessary to implement such features.
9. Links.
We and/or third parties may provide links to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
10. DISCLAIMERS.
10.1. The opinions expressed in Submissions posted on the Service are not necessarily our opinions. We do not endorse any opinion, advice or statement contained in a Submission. Further, we are not responsible for the conduct, whether online or offline, of any user of the Service.
10.2. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, APPROPRIATENESS, AVAILABILITY, CORRECTNESS, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON THE SERVICE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. LIMITATION OF LIABILITY.
11.1. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR RELIANCE ON CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) OBTAINED THROUGH THE SERVICE OR CAUSED BY THE CONDUCT OF VISITORS TO THE SERVICE; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING IN CONNECTION WITH USE OF OUR SERVICE IN ANY CIRCUMSTANCE IS LIMITED TO FIFTY DOLLARS ($50.00).
11.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification.
You agree to indemnify, defend and hold us, our affiliates, officers, directors and employees harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your use or misuse of the Service, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of this Agreement by you, or your violation of any law or the rights of a third party. You agree that under no circumstances will we be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold us harmless for (i) any errors or omissions in any Submission posted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission posted by you.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.
13. Privacy
We are committed to safeguarding your privacy. The terms regulating the handling of personal information and other information about you are described in our Privacy Policy [link]. By using the Service, you consent to the processing described therein.
14. Additional Terms for Apple iOS Mobile Application
14.1. You agree (as does MSM) that Apple is not a party to the Terms of Use, and that we are solely responsible for the mobile application and the content thereof.
14.2 You agree that our mobile application may be installed on up to five-iTunes authorized devices at any time.
14.3. The license granted to you for our mobile application is a non-transferable license to use the application on any iOS mobile device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service [link --- http://www.apple.com/legal/internet-services/itunes/us/terms.html].
14.4. MSM is solely responsible for providing any maintenance and support services with respect to the mobile application. You agree (as does MSM) that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile application.
14.5. In the event of any failure of our mobile application to conform to any applicable warranty (see Section 11), you may notify Apple, and Apple will refund the purchase price for the mobile application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
14.6. You agree (as does MSM) that MSM is solely responsible for addressing any claims by you or any third-party relating to our mobile application, or your possession or use of our mobile application. In the event of a third-party claim that our mobile application or your possession and use of our mobile application infringes that third party’s intellectual property rights, MSM, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
14.7. You agree (as does MSM) that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and that upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.
14.8. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
15. Governing Law; Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. You hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
We control and operate this site from New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Please note that your use of the Web Site may be subject to other local, state, national, and international laws.
16. General.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
17. Contact Us.
If you have any questions or concerns regarding the Service, please contact Monday Sessions Media, Inc., 483 Tenth Avenue, Suite 310, New York, NY 10018 by telephone at 844-465-4839 e-mail at [email protected].
