Terms of Use


MediaRadar, Inc, (“MediaRadar”), requires that all visitors to a World Wide Web site owned, operated, licensed, or controlled by MediaRadar (a “MediaRadar Site”) adhere to the following terms of service. By accessing and using an MediaRadar Site, you indicate your acknowledgment and acceptance of these terms of service. If you do not agree with these terms of service, you should not use an MediaRadar Site.

RESTRICTIONS ON USE All the Materials, graphics, sounds and other components on this site (the “Materials”) are copyrighted by MediaRadar unless otherwise noted. Any unauthorized use of Materials on this site may violate copyright, trademark and other laws and intellectual property rights of MediaRadar. Materials from this site may not be copied or distributed, or republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of MediaRadar. The Materials in this site are provided for lawful purposes only.

U.S. GOVERNMENT RESTRICTED RIGHTS The materials on this site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the materials by the U.S. government constitutes acknowledgment of MediaRadar’s proprietary rights in them.

DIGITAL MILLENNIUM COPYRIGHT ACT MediaRadar has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. MediaRadar reserves the right to remove any content contained in or posted to this site which allegedly infringes another person’s copyright. Notices to MediaRadar regarding any alleged copyright infringement on this site should be directed to MediaRadar’s General Counsel’s Office, at 252 W 37th Street, Suite 1001, New York, New York 10018, U.S.A., tel. (646) 652-7000.

RESTRICTION OF LIABILITY MediaRadar will not be liable for any damages or injury caused by any materials or software, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. MediaRadar will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in or available through this site, even if there is negligence or even if MediaRadar or an authorized MediaRadar representative has been advised of the possibility of such damages, or both. the above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. MediaRadar’s total liability to you for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) will not be greater than the amount you paid to access this site.

SUBMISSIONS All remarks, suggestions, ideas, graphics, or other information communicated to MediaRadar through this site (together, the “Submissions”) will become upon communication and will forever be the property of MediaRadar. MediaRadar will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future MediaRadar operations or Materials. Without limitation, MediaRadar will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature everywhere. Except as noted below in this paragraph, MediaRadar will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submissions.

Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not MediaRadar, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

JURISDICTION Except as otherwise described, all Materials in this site are made available only to provide information about MediaRadar and its services. MediaRadar controls and operates the “MediaRadar.com” site and makes no representation that the Materials on such sites are appropriate or available for use in other locations. If you use an MediaRadar Site from a location other than the location where the site is controlled and operated, you are responsible for compliance with applicable local laws.

DISCLAIMER The materials in this site could include technical inaccuracies or typographical errors. Also, MediaRadar may make changes or improvements to this site at any time. The materials in this site are provided “as is” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. MediaRadar disclaims all warranties of merchantability and fitness for a particular purpose. MediaRadar does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the site, or the servers that make them available, are free of viruses or other harmful components. MediaRadar does not warrant or make any representations regarding the use of or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. MediaRadar makes no commitment to update the materials on this site. you (and not MediaRadar) assume the entire cost of all necessary servicing, repair or correction. the above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties.

TERMINATION MediaRadar or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from this site and all related documentation and all copies and installations. MediaRadar may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of this agreement without the written approval of MediaRadar. Provided, however, that MediaRadar shall retain all rights, including all copyright rights and the right to use submissions as provided herein, and the limitations on use and treatment of Materials and Software shall remain in full force.

LINKED SITES This site includes links to other sites which are not maintained by MediaRadar. MediaRadar is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by MediaRadar of the sites or any products or services referred to therein. MediaRadar may terminate a link at any time. The terms of service and privacy policies applicable to such sites may be different from those applicable to this site. If you decide to access any third party site linked to this site, you do so entirely at your own risk and MediaRadar shall have no liability for any loss or damage arising from your use of any such site.

LINKING AND LOGO POLICY By linking to any page on this site, you hereby agreed to be bound by the terms and conditions as set forth below.

Except as provided below, MediaRadar prohibits site caching, the use or posting of unauthorized hypertext links to this site and the framing of any content available through this site. You may link to this site only via the site’s home page (i.e., www.MediaRadar.com) or a designated gateway page. A gateway page is any page that is the first and primary page that serves as a starting point to a significant body of content.

Links can be by text only and may only read “MediaRadar.” Images of the MediaRadar logo can only be used for link purposes can only be made with the express written permission of MediaRadar. Any requests for such permission or for permission to link to this site in a manner other than as permitted in the preceding paragraph should be addressed to MediaRadar, Business Development at 252 W 37th Street, Suite 1001, New York, New York, U.S.A., Tel: (646) 652-7000.

By linking to this site, you acknowledge and agree that, other than as set forth herein, all rights to the MediaRadar trademarks or service marks used on this site, the content appearing on this site and the design of this site belong to MediaRadar.

You must not misrepresent your relationship with MediaRadar or present false or misleading impressions about MediaRadar. No links to an MediaRadar Site may be used in a manner that implies or suggests that MediaRadar approves or endorses you, your website or your goods and services (in all cases, except as MediaRadar may have agreed separately with you in writing).

MediaRadar shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend MediaRadar against all claims arising out of or based upon your website.

No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

MediaRadar reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to an MediaRadar Site from your website.

This is not a license, but subject to your compliance with the above terms, MediaRadar agrees to grant you to use the “MediaRadar” name solely for the purpose of establishing a link to this site as permitted hereunder. Except for the limited permission to use the “MediaRadar” name as set forth in this paragraph, you may not use any of MediaRadar’s trademarks or service marks for any other purpose without the express written permission of MediaRadar. MediaRadar may at any time, in its sole discretion, without cause, withdraw the permission granted herein to use the “MediaRadar” name and your right to link to any pages on an MediaRadar Site. In such event upon request, you agree to immediately remove all links to the relevant MediaRadar Site and to cease using the “MediaRadar” name for linking purposes. Thereafter, any future links to an MediaRadar Site will require the express written permission of MediaRadar. MediaRadar reserves the right to amend these linking terms and conditions at any time. By continuing to link to an MediaRadar Site, you agree to be bound to and abide by these linking terms and conditions, as well as other legal terms of use and conditions on the MediaRadar Site, as amended from time to time.

MISCELLANEOUS These Terms of Service will be governed and be interpreted pursuant to the laws of the State of Delaware and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Service is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. MediaRadar can revise these Terms of Service at any time by updating this posting.

TRADEMARK AND SERVICE MARK INFORMATION The following list of trademarks and service marks (collectively, “Marks”), some or all of which are used on this or other MediaRadar Sites, are trademarks or registered trademarks owned by MediaRadar Corporation, its subsidiaries or affiliates. All other trademarks are the property of their respective owners. Users are prohibited from using any of these Marks for any purpose whatsoever including, but not limited to, use as links on or metatags in the code of any other page or site on the World Wide Web, without the express written permission of MediaRadar.


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