Terms of Service
 

Last Updated: September 1 2010

Terms & Conditions
The following Terms of Use govern the use of the Madej Media online web site ("Site"), including participation in its forum facilities ("Forums") as provided by Madej Media. Please read these Terms of Use carefully. In addition to the rules listed below, you are also subject to any posted guidelines applicable to particular parts of the Site, including any applicable sweepstakes rules and any terms or conditions applicable to any services provided in conjunction with the Site's content or service partners. Your use of and/or registration on any aspect of the Site will constitute your agreement to comply with these rules. If you do not agree to these rules, do not use the Site. Madej Media reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms periodically for changes. Your continued use of the Site following the posting of changes will constitute your acceptance of any changes or revisions to the Terms of Use.

Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Site, may result in suspension or termination of your access to the Site, without notice, in addition to Madej Media's other remedies.

1. USE OF THE SITE BY YOU:
a. Your right to use the Site is personal to you. You may not authorize others to use the Site, and you are responsible for all use of the Site by you and by those you allow to use, or provide access to, the Site.
b. The Site is not intended for users under the age of 13, and Madej Media does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted or retained by us.
c. You agree not to use any obscene, indecent, or offensive language or to contact us with any material that is defamatory, abusive, harassing, inflammatory or hateful. You agree not to contact us with any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
d. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, except as permitted by law or as expressly permitted in writing by these Terms of Use, Madej Media, or the Site.
e. You agree not to disrupt, modify or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site.
f. Other than connecting to Madej Media's servers by http requests using a Web browser, you may not gain access to Madej Media's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
g. You acknowledge that Madej Media has not reviewed and does not endorse the content of any sites linked to this Site and is not responsible for the content or actions of any other sites linked to this Site. Your linking to any service or site is at your sole risk.

2. PRIVACY POLICY.
All information concerning users of the Site is subject to Madej Media's Privacy Policy. Please refer to Madej Media's Privacy Policy whenever you provide information to the Site.

3. OWNERSHIP AND LICENSE RIGHTS
This Site and all materials displayed or made available on it are protected by copyright and/or other applicable law. Unauthorized use of the material may violate copyright, trademark, and other laws. This Site is for your personal, noncommercial use only, under a license by Madej Media with no transfer of title. You may not use any of the materials available from this Site on any other Web site or networked computer environment, or for any purpose inconsistent with these Terms of Use. You may not remove any copyright or other legal notices from any materials downloaded from this Site. If you violate these Terms of Use, Madej Media reserves the right to terminate your access to the Site and require you immediately to destroy any copies you have made of our materials, in addition to Madej Media's other remedies.

5. COPYRIGHT AND COPYRIGHT NOTICES.
Madej Media respects the intellectual property of others, and we require users to do the same. Madej Media may, in appropriate circumstances and at its discretion, terminate the access of users who infringe the intellectual property rights of others, in addition to Madej Media's. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Madej Media's Copyright Agent the following information:
. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
. A description of the copyrighted work or other intellectual property that you claim has been infringed;
. A description of where the material that you claim is infringing is located on the Site;
. Your name, address, telephone number, and email address;
. A 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;
. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

6. LINKS
Madej Media may provide, or third parties may provide, links to other World Wide Web sites or resources. Madej Media has no control over or responsibility for such sites and resources. You acknowledge and agree that Madej Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Madej Media shall not be responsible or liable, directly or indirectly, for any damage or loss of any kind whatsoever caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

7. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS," AND MADEJ MEDIA AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES AND INDEPENDENT CONTRACTORS (THE "COMPANY ENTITIES") HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTIBILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. THE COMPANY ENTITIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE. THE COMPANY ENTITIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE COMPANY ENTITIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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."

8. ACCEPTANCE OF TERMS OF USE
Your use or continued use of this Site constitutes your acceptance of these terms and conditions of use and waiver of liability on the part of the Company Entities.

9. TERMINATION AND MODIFICATION
Madej Media has the right to terminate your ability to access the Site for any reason, without notice. Madej Media has the right to discontinue, change, suspend or restrict access to the Site or any portion of the Site at any time without liability to you or any third party.

10. PUBLIC OFFERS
From time to time, Madej Media will engage the public via online survey. These surveys may be completed by qualifying individuals and an incentive may be offered. Surveys are available only to residents of the United States of America, age 18 or older. Maximum one submission per household. If multiple surveys are being run simultaneously, users may complete both provided that they meet the qualifications, but may only be compensated for one. Rewards for completed surveys are of limited quantities and are filled on a first-come first-serve basis. Users will be disqualified from receiving the reward if they do not complete the whole survey or if they answer a question inadequately (eg. Not fulfilling character limits in open-ended text entry questions). Please direct any questions or concerns to us via our contact page.

11. JURISDICTION AND SEVERABILITY
Madej Media makes no representation that materials on the Site are appropriate, available or legal in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions shall remain in full force and effect. The failure of Madej Media to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that the terms and conditions of use applicable to this Site, for all purposes, shall be governed and construed in accordance with the laws of the State of Washington, without regard to conflicts of law provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to the terms and conditions of use applicable to this Site shall be an appropriate State or Federal court located in the State of Washington and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. In addition, both parties agree to submit to the exclusive and personal jurisdiction and venue of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

If you do not agree to these Terms of Use, you must exit the Site. Please click the Back button on your browser to return to the previous page.

 

 


® 2008-2010 Madej Media Inc. All Rights Reserved.


Terms of Service | Privacy Policy | Contacts