Terms of Use
If you have any questions or concerns about the Terms of Use please don't hesitate to contact us at info [at] mediawars [dot] com. Thank you!
USER OBLIGATION
If you wish to embed material to this website or to engage and/or participate in any activities or gaming within the website you must sign up, register and thereby become a site member. By utilizing and/or visiting this website (inclusively, including all content and infrastructure available through the MediaWars.com domain name the “MediaWars Website” or the “Website”), you signify your agreement to (1) the terms of use written on this page (2) the Privacy Policy of Media Wars, found on LINK, and (3) MediaWars’ Allowable Content. By doing so, you will have deemed to have consented to and you will be bound by these Terms of Use.
Those people who visit the site and merely desire to passively view content are not required to register and become members. However, any and all utilization of this website (which includes but is not limited to merely viewing the content of the site) signifies your avowal and approval of these Terms of Use, which is enacted the moment you first use the website.
At any time, Media Wars retains the right to modify the terms, conditions and notices under which its ministrations are offered, including but not limited to these Terms of Use, by displaying such modifications on the website. It is the user’s liability to refer to and conform to these updated terms and conditions upon entering the website. Your continual utilization of this website after modifications are displayed comprises your consent to these terms and conditions as modified.
If these Terms of Use are not accepted in totality, you are prohibited from accessing the site and embedding content on or in the site, and you should stop utilizing this site instantly.
If any differences occur between these Terms of Use and regulations and/or specific terms of use displayed on this site regarding specific material, then the latter shall predominate.
CAPACITY TO ACCEPT TERMS OF SERVICE
You declare that you are qualified to enter into the obligations, terms, conditions, representations, affirmations and warranties established in these Terms of Use, and to adhere to and comply with these Terms of Use. You declare that you are either more than 18 years of age or possess legal parental or guardian consent.
We retain the right to terminate or suspend your membership to this site instantly and without notice if we discover or possess any reason to conjecture that you are under 18 years of age or you do not possess legal parental or guardian consent. You must be 18 years of age or over or have legal parental or guardian consent to register as a member of Media Wars
This site may contain material inappropriate for children and young people under 18. Media Wars does not rate, verify, or categorize the content of the site. People under 18 years old are permitted to access the website, but are prohibited from registering as members and actively waging media wars – i.e. embedding media.
SECURITY, USERNAME, AND PASSWORD
Users who register as members of MediaWars.com must choose a Playername. Media Wars will then provide all players with a Password. Players may then change this password and select their own password. A player’s Playername and Password will permit the player to access the player account and enter zones of the site which are designated only for members.
Players hereby agree to inform MediaWars instantly if any unauthorized or fraudulent utilization of a Player’s Playername or Password is occurring. Players hereby agree to notify MediaWars regarding any and all breaches of security as soon as the player is aware of such as breach of security. Players hereby affirm that it is the unique responsibility of the player to retain the secrecy and confidentiality of the Player’s Playername and Password. Players affirm that the player is responsible for all gaming, viewing, embedding, and other activity which happens under that player’s playername. Media Wars is in no way liable if someone else is using another player’s playername or password.
Media Wars shall keep confidential all private and/or personal information submitted by users and players relating to their account name, membership to Media Wars, or embedded content, regardless of whether Media Wars has asked the player to provide this information, or the player voluntarily provides this information. Media Wars shall, at our singular discretion, divulge this information to the police, legal counselors, regulatory bodies if suspected or supposed criminal activity or breach of security is occurring. Media Wars may disclose this information if an alleged violation of these Terms of Use is occurring. Media Wars shall only share this information with its employees, contractors, subcontractors, associates, confidants, counselors, attorneys, and other advisers as it pertains to managing players’ membership, and when determining whether embedded content is acceptable or must be rejected by Media Wars.
HOLD HARMLESS AND INDEMNIFICATION
You hereby agree to hold harmless and indemnify Media Wars, its representatives, agents, subcontractors, contractors, employees, executives, advertising partners, distribution partners, strategic partners, third-party partners, and other partners from and against any third-party claim emerging or arising from or in any way related or connected to your utilization of the MediaWars.com site, including any expense or liability arising from all claims, damages (consequential and actual), losses, suits, judgments, litigation costs, and attorneys fees, of every type, kind, and nature. If someone other than a member whose use of the site is in question sends a claim to Media Wars, Media Wars will supply that member with written notice of such a claim, suit, or action at the email address provided by said member at the time of registration.
GRANT OF LICENSE
When a player embeds, posts, or uploads content to Media Wars, the player grants Media Wars, its associated, affiliated, and allied contractors, partners, and companies, a global, worldwide, royalty-free, sub-licensable, revocable, non-exclusive license to distribute, publicly perform, publicity display, use, reproduce, create derivative works of, transmit, transfer, publish, and otherwise display that content or media for the purposes of exhibiting that content on Media Wars, and on other platforms, devices, applications, and Web sites. When you embed content and media to Media Wars, that content instantly gains public status, that is, that content becomes public and is accessible and searchable by anyone visiting the MediaWars.com site. Embedded content will be obtainable by the public through various technological methods, including but not limited to RSS feeds and other manners of open syndication. Media Wars does not claim possession or ownership of the content or media you embed, post, write, submit, or input to the MediaWars.com site.
If you embed or input media or content to the MediaWars.com site, you hereby confer MediaWars.com a license to share or distribute that content or media via any media, including but not limited to electronic distribution, to other uses who seeks to obtain it, download it, or otherwise secure it through the MediaWars.com website or for reasons relating to other purposes offered by MediaWars.com, and to display, reveal, and show this content on any sites affiliated with MediaWars. This license applies to the storage, circulation, and distribution of your media and content in any medium, form, or technology now existing or later designed or developed as necessary for MediaWars to supply the MediaWars.com services as they exist currently or are developed in the future.
As MediaWars continues to grow and develop, MediaWars shall, to the extent possible and reasonable, grant the user power over circulation of content or media to third-party Web sites, platforms, and devices.
By embedding content onto MediaWars, you hereby affirm that you possess a copyright license to embed and/or upload this content. This license is additional to the license which you grant to MediaWars and its affiliated partners and companies. You hereby affirm that MediaWars has the freedom to utilize your content on third-party websites, subject to their affirmation and conformity to a copyright license. You hereby affirm and acknowledge that it is not the responsibility of MediaWars.com to impose this license and MediaWars gives no guarantee that any third parties will observe your license.
Only MediaWars may remove content on the MediaWars.com website. All media embedded onto the site shall remain on the site at the discretion of MediaWars. Players may flag media which violates the terms explicitly stated in the “Allowable Usage” guidelines. However, if a third-party website removes your media from their website, MediaWars cannot guarantee that you may re-embed or otherwise repost such media onto the MediaWars website. In addition, if a third-party website retains your content despite your request to remove such content, MediaWars cannot and will not guarantee that MediaWars will remove this content. You will be required to contact the third-party Web site with any respect to any requests.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
MediaWars has designed text, software, graphics, photos, videos, and other media which is exclusively and expressly owned by or licensed to Media Wars, subject to intellectual property rights and copyright laws under International Copyright Laws and trademark laws, international conventions, and foreign laws. You may not participate or engage in the illegal, unauthorized or prohibited use, utilization, copying or distribution of any content.
MediaWars and its affiliates, licensors, and associated companies shall retain all copyright, trademark, trade secrets, intellectual property rights, design, aesthetic elements, service marks, and all content or media provided as a functional part of the site, excepting content or media embedded or deployed by players or users.
All imagery, names, logos, text, and other design officially function as proprietary signifiers, trademarks, and propriety signs of MediaWars.com. Nothing exists on the website as designed by MediaWars which confers by estoppels or license or right under any copyright, trademark, or mark of MediaWars, its associated companies, affiliates, or any and all third parties.
You assume full liability for the content you embed or post on the site. You assume full and utterly complete responsibility for any consequences that may occur as a result of embedding or posting any content on MediaWars.com. Regarding and in connection with any media that you embed onto MediaWars.com, you hereby declare, affirm, and agree to the following: (1) that you possess the necessary copyright, license, right, consent, and permission to authorize and utilize MediaWars to access and thereby utilize all propriety rights within said media or content, including but not limited to, patents ,trademarks, trade secrets, copyrights, etc, including any sound, video, or musical recording or representations which are contained therein, and (2) that you have obtained and acquired the necessary legal paperwork, signatures, and/or official permission from every single identifiable individual in any embedded video to utilize and use the name or likeness of every identifiable individual in the manner dictated by these Terms of Use and the Website.
Players who wish to view or enjoy any of the media which is embedded or posted on the Media Wars website understand and acknowledge that all content on the site is licensed from third-party suppliers via the Terms of Use of the website wherein the original video was uploaded. All media on the website is thereby uploaded on another website, and all content is subject to the copyright Terms of Use on the website onto which it was uploaded. It is the responsibility of the user or player to obtain copyright for any media posted on a third-party site which is then embedded onto Media Wars. Media Wars shall dictate limitations regarding the content, dissemination, or circulation of any media. All players and users must adhere to these limitations when participating in any activities on the website.
You must abide by and adhere to the specific regulations specified within the copyright license which grants you the right to embed and or post any content on Media Wars. You may not modify, transmit, display, sell, reproduce, perform, or in any way exploit the content on the MediaWars site in whole or in part outside of the usage dictated to you by each license. You assume all liability for any copyright infringement which you may accrue by violating a copyright license. Media Wars does not host any uploaded videos, therefore, any and all videos embedded onto Media Wars must first by uploaded to a third-party website. Media Wars makes no guarantee that the player or the third-party website has obtained a proper copyright license for hosting such media. Since Media Wars does not host any media, and only accepts embedded media, it is the dual responsibility of the player and the third-party website to ensure that they are following the regulations dictated within each copyright license as each license pertains to media or content posted or embedded on Media Wars.
If you believe that any of your intellectual property rights have been violated (e.g., your copyright or trademark infringed) by material available on the MediaWars you will need to contact the site(s) which the content was embedded from.
PRIVACY
MediaWars highly respects the privacy of its users. MediaWars will not reveal, disclose, or divulge any personally identifiable information about you to any third-party unless it is required by law or unless if in order to fulfill commitments set forth within these Terms of Use.
MediaWars shall never store any information regarding your identity. Media Wars will collect demographic data, so MediaWars may ask you questions about yourself. These answers may be dispatched or transmitted to MediaWars occasionally, though MediaWars will never retain this information so that it is connected or related to your identity, instead it shall be collected as an aggregate. Advertising partners of MediaWars may receive demographic data regarding players on Media Wars, but never personal information.
Players who use the site may also have their IP address recorded, and the pages/videos that the player has visited. Our partners or other users may receive this information in an aggregate form so that it is never personally identifiable.
PROHIBITED CONTENT
MediaWars believes in freedom and promotes an egalitarian media worldview. In addition to other restrictions provided by MediaWars in this Terms of Use and on the MediaWars website, MediaWars prohibits the following content from being embedded on the site:
*Content which contains hard-core pornography.
*Content that exploits minors or that divulges any personally identifying information beyond a first name about persons under the age of 18.
*Any content which MediaWars deems inappropriate, for any reason whatsoever.
*Content which encourages or instructs users about illegal activities.
*Content which displays cruelty to animals or people.
*Content which is embedded without a copyright license, or content which is used without the express written permission of the owner.
*Content which is intended to harass, stalk, abuse, threaten, or violate the legal rights or others.
*Content which violates intellectual property laws, or content that contains software which violates these laws, unless the owner possesses all rights and licenses to display such content.
*Content that contains viruses, corrupted files, or any broken links, broken media, or faulty, broken, extremely poor quality content, and other content which is deemed unacceptable by Media Wars.
*Content that violates any applicable laws not referenced herein.
As a condition of using this site, you hereby declare that you will not utilize any of the technology on the MediaWars.com site for any purpose that is illegal or prohibited by these terms. You hereby agree that you shall use the site only in the manner dictated by this Terms of Use, and you hereby agree that you will not use the MediaWars.com site in any manner which could impair, interfere with, destroy, damage, disable, or otherwise sabotage the MediaWars website. You hereby agree that you shall not interfere or impair the ability of any other user to fully engage in and participate in every activity stated in these Terms of Use and on the MediaWars.com website. You hereby agree that you shall not make any attempt whatsoever to secure or obtain any material which is propriety to Media Wars, including but not limited to: software, design, coding, and anything else designed and/or built by Media Wars.
MediaWars is under no ruling or obligation to review and oversee the content which is posted or embedded onto the site to comply with what is written above. MediaWars reserves the exclusive right to remove any materials on the web site for any reason or for no reason. MediaWars is not required to notify the user if we take down any media. MediaWars reserves the right to refuse service to anyone, and to terminate and or suspend the account of any user who violates any of these Terms of Use. MediaWars may suspend and or terminate the account of any user for no reason, as well.
MediaWars.com officially disclaims any and all liability with regard to content or media embedded by the user and any consequential actions which result from content created by, embedded, or deployed by users. MediaWars does not endorse, lay claim to, or endorse any media or content embedded on the MediaWars.com website.
You hereby declare that you shall only use MediaWars in a manner that is lawful, legal and otherwise conforms to the terms stated in this Terms of Use. You hereby declare that you shall only use the services provided by MediaWars only for lawful purposes and in accordance with all applicable laws. You agree that you shall not access or aid others to access any software or other technology which shall interfere with the operations of MediaWars, including the monetization and gaming operations of MediaWars. You hereby affirm that you shall not use MediaWars.com in any manner that interferes or impedes with MediaWars.com’s normal operation, as dictated by its executives, and you shall not use MediaWars in any manner that will interfere with other users’ enjoyment of the site. You also agree that you shall not access the site from any area where MediaWars.com is illegal.
MediaWars hereby disclaims any and all liability and any and all association which any content embedded by the user or player on the website. MediaWars does not endorse any content embedded or deployed by users, and MediaWars.com does not endorse any opinions regarding said content. If MediaWars suspects that any user-embedded content violates this Terms of Use, MediaWars reserves the right to investigate this issue and determine whether or not to remove the content which allegedly infringes upon this Terms of Use.
THIRD PARTY SITES/LINKS TO MEDIAWARS
MediaWars disclaims any connection or endorsement of any site which MediaWars links to (Linked Sites). MediaWars possess no responsibility for the content provided on these sites and assumes no liability regarding this content. MediaWars does not claim to possess or claim anything regarding or related to content which exists on external sites, including linked sites. MediaWars is not responsible for any webcasting or any other transmission which is received from any linked site. The fact that MediaWars is linking to other sites does not imply MediaWars’ endorsement of these sites, or any association with its operators.
MediaWars.com states expressly that users assume all liability for visiting linked sites, and MediaWars.com assumes no responsibility for anything which occurs on linked sites. Any destructive, damaging, or unlawful activity which occurs to the user as a result of visiting a linked site is the full express liability of the user, MediaWars is not responsible or liable for any damage, loss or offense caused by any services, information, advertising, or any else contained on any other websites. Any terms, conditions, or warranties which mitigate such dealings constitute an exclusive relationship between the user and the linked website.
MediaWars.com disclaims any and all liability for any legal and other consequences of links made to MediaWars.com on unaffiliated websites.
COMMERCIAL AGGREGATION
Users are not permitted to broadcast, transmit, or distribute any content designed by MediaWars for MediaWars. Users are not permitted to aid or help any third-party in modifying technologies developed on MediaWars by MediaWars. The technologies developed by MediaWars are proprietary only to MediaWars, and by agreeing to the Terms of Use, you hereby agree not to develop or devise any technologies which spring from the MediaWars.com platform without the express written consent of MediaWars. You may not aggregate, embed, or “deep-link” any content on MediaWars from your own Web site, service, or platform for any commercial or noncommercial purpose.
WARRANTY DISCLAIMER
MediaWars is consistently updating, upgrading, and improving the services included in, or available through, the MediaWars.com website. MediaWars does not represent that they are accurate, complete, valid, or otherwise reliable. CONSEQUENTLY, ALL USERS AND VISITORS USE MEDIAWARS AT THEIR OWN RISK. YOU USE THE SITE AT YOUR OWN RISK. MEDIAWARS HEREBY DISCLAIMS ANY WARRANTY REGARDING THE SITE OR THE CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO, ANY NON-INFRINGEMENT, THIRD-PARTY AGREEMENT, SOFTWARE COMPATIBILITY, DEFENSE, SECURITY, ACCURARCY, IMPLIED WARRANTY OF MERCHANTABILITY, ADVERTISING, AND STATISTICS. MEDIAWARS DISCLAIMS WARRANTIES BOTH EXPRESS OR IMPLIED.
The information and other materials included on this site may contain inaccuracies and typographical errors. MediaWars does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software or any user-generated content). User acknowledges that any reliance on any such statement or information shall be at their own risk. MediaWars reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services or prices described in the site at any time without notice.
MediaWars does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. MediaWars does not represent the full functionality, accuracy or reliability of any material.
User acknowledges that MediaWars may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDIAWARS AND/OR ITS EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MEDIAWARS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MEDIAWARS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MEDIAWARS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MEDIAWARS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEDIAWARS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the MediaWars website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the MediaWars website and services provided therein.LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas. Disputes arising from these Terms of Use or your use of the MediaWars website shall be exclusively subject to the jurisdiction of the courts of Texas. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises. MediaWars makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is strictly prohibited. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.
MISCELLANEOUS
If any of these Terms of Use or any other policies deployed by MediaWars management on the MediaWars website should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent permissible, such Term of Use or policy, or portion thereof, shall be severed and deleted from the remaining terms, conditions and policies, and the remaining terms, conditions and policies shall survive and continue to be binding and enforceable. The failure of MediaWars to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
The section headings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect these terms and conditions.