TERMS OF USE
EFFECTIVE JUNE 1, 2024
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING,
REGISTERING FOR, OR SUBMITTING CONTENT TO THE SERVICES (DEFINED BELOW)
FROM ALLEN MEDIA, LLC. BY USING, REGISTERING FOR, OR SUBMITTING CONTENT
TO THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS
OF USE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO
NOT WISH TO AGREE TO THESE TERMS OF USE, YOU MAY NOT USE, REGISTER FOR,
OR SUBMIT CONTENT TO THE SERVICES.
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 21 BELOW)
CAREFULLY AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
1. General
This Agreement is between Allen Media, LLC, and its affiliated companies
(collectively "AMG") and you. The services covered by these Terms of Use
("Services") include AMG's applications, websites, and other
Internet-enabled or wireless means by which AMG provides any audiovisual
content to you or receives content from you, including, without
limitation, software applications (including, without limitation,
desktop applications, mobile applications, tablet applications, and
applications for digital media player devices), content and blog
submission services, chat rooms, message boards, text/SMS messaging,
email messaging, alert products, and delivery of AMG content to you at
your request. The Services are owned and operated by AMG, but may
include elements licensed from or provided by third parties. AMG has the
right at any time to change or discontinue any of the Services or any
aspect or feature of the Services, including, without limitation, the
content, hours of availability, and equipment needed for access or use
of the Services. AMG has the right to terminate, restrict and/or suspend
your ability to access the Service or any portion thereof, for any or no
reason, without notice (except as and when required by law or as stated
in these Terms).
2. Privacy Policy
By using any of the Services, you are agreeing to the terms of AMG's
privacy policy
and the collection, use and sharing of information, including without
limitation your personal information, described therein.
3. Registration
Some of the Services may provide you with the opportunity to register by
creating a user account in order to enable certain features or receive
certain information. AMG will use the information you provide in
accordance with AMG's Privacy Policy. By registering, you represent and
warrant that all information that you choose to provide is current,
complete and accurate. You agree to maintain and promptly update such
information as necessary, so that it remains current, complete and
accurate. If the registration process requires you to create and use
log-in credentials such as an email address or user name along with a
password, you acknowledge and agree that AMG may rely on the subsequent
use of your log-in credentials to provide access to your account and the
information you have provided. You are responsible for all use of your
account, regardless of whether you authorized such access or use, and
for ensuring that all use of your account complies fully with these
Terms of Use.
4. Equipment
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.
5. Restrictions on Use
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, and 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.
6. Submissions
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.
7. RSS/Podcasts/Mobile Features
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.
8. Text/SMS Messages and Alerts
These terms relate specifically to your use of any of AMG's text/SMS
message Services. These Services may provide text/SMS messages and
alerts.
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.
9. Push Notifications
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.
10. Closed Captioning
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.
11. Disclaimer of Warranty; Limitation of Liability
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.
12. Indemnification
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.
13. Trademarks
All trademarks appearing on the Services are the property of AMG or
their respective owners.
14. Third Party Content
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.
15. Viruses
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.
16. Export Control
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.
17. Business Associates
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.
18. Links
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.
19. Video Viewing
You agree that AMG can share your video viewing activities with any
service provider acting on our behalf and with advertising partners.
Your consent to such sharing is valid for two years or until you
withdraw your consent by emailing datarequest@weathergroup.com or
submitting the form located
here . If you do not consent or withdraw your consent in the future, your
information will be used only as set forth in our
Privacy Policy , and shared with third parties only in the ordinary course of
business.
20. Changed Terms
AMG has the right at any time to change or modify the terms and
conditions applicable to use of the Services, or any part thereof, or to
impose new conditions, including, without limitation, adding fees and
charges for use. Such changes, modifications, additions or deletions
shall be effective (i) immediately upon notice thereof, which may be
given by any means including, without limitation, posting on the
Services, or by electronic or conventional mail, or by any other means
or (ii) where required by law, 30 days after their publication through
the Services. Any use of the Services by you, including without
limitation, your continued submission of content to the Services, after
such notice shall be deemed to constitute acceptance of such changes,
modifications, additions or deletions. If any modification to these
Terms is unacceptable to you, you may immediately terminate your use of
the Services.
21. Binding Arbitration and Class Action Waiver
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. Each party shall be responsible for and bear its own costs and
attorneys’ fees, except as otherwise required by applicable law.
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 21 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.
22. Terms Applicable to Third Party Platform Providers; Third Party
Licenses
A. If you access or download the Services via an Apple, Inc. (“Apple”),
Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung
Electronics America, Inc. (“Samsung”), LG Electronics, Inc. (“LG”) or
any other third party app store or platform (each a “Third Party
Platform Provider”), such Third Party Platform Providers shall be
third-party beneficiaries to these Terms. However, these Third Party
Platform Providers are not party to these Terms and have no obligation
to provide maintenance and/or support of the Services. AMG, not such
Third Party Platform Providers, is solely responsible for the Services.
Your access to the Services using the Third Party Platform Providers’
app stores or platforms are subject to the usage terms set forth in the
applicable Third Party Platform Provider’s terms of service.
B. The Services may include open source software or third party
software. Any such software is made available to you under the terms of
the applicable licenses; please review the information set forth here
for applicable license terms related to the Service.
23. Miscellaneous
These Terms constitute the entire agreement of the parties with respect
to the subject matter hereof and supersede all previous written or oral
agreements between the parties with respect to such subject matter. This
Agreement shall be construed in accordance with the laws of the State of
Georgia without regard to its conflicts of law principles. No waiver by
AMG of any breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any legal import.
24. Intellectual Property Terms
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.