Terms
MEDIASHARE TERMS OF USE
Welcome to the Mediashare (“Mediashare”) Web site (the “Site”). YOUR RIGHT TO ACCESS AND USE THE SITE AND/OR THE SERVICES IS SUBJECT TO THESE TERMS OF USE (“TERMS”). BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE OR THE SERVICES.
SUMMARY
Your access and use of the Site is subject to the provisions of the Mediashare Terms of Use .
This summary provides an overview of some of the most important provisions for your reference only. Please read the entire Terms prior to accessing or using the Site. All definitions are as provided in the Terms. If there is any inconsistency between this summary and the Terms, the Terms shall prevail.
RULES OF CONDUCT
You cannot upload and share copyrighted TV or movie footage on Mediashare, without the prior written consent of the copyright owner.
You are strictly prohibited from posting content that is pornographic; illegal; obscene; invasive of privacy; harmful to minors; racially, ethnically or otherwise offensive; infringes any person's proprietary rights; or which consists of a commercial solicitation of any kind. Mediashare has the right, but not the obligation, to review, remove or edit any content you submit or post to the Site, at Mediashare's sole discretion. Mediashare reserves the right to terminate your Mediashare membership with or without notice if you breach the Terms of use agreement.
PERSONAL MEDIA OWNERSHIP - COPYRIGHT
Please respect copyright and other intellectual property rights. For example, in most cases, the person who took a photograph is the copyright owner. Please do not upload photo, video, or sound files that you do not own without the written consent of the owner.
CANCELLING YOUR ACCOUNT
You may cancel your Mediashare account at any time by logging in to your member account, then selecting ACCOUNT, and then selecting Cancel Account. Upon canceling your account your photo and video albums will remain active until your trial or one-year membership expires. Once your account expires, your photos and videos will be deleted as well as your member name and password. Mediashare will not refund any amount paid by you for the year in which you cancel your membership. If you do not cancel your Mediashare account, Mediashare will continue charging your credit card the Mediashare yearly subscription fee as explained in the signup page.
YOUR RIGHT TO ACCESS AND USE THE SITE AND/OR THE SERVICES IS SUBJECT TO THESE TERMS OF USE (“TERMS”). BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE OR THE SERVICES.
MEDIASHARE MAY MODIFY THE TERMS OR THE SERVICES FROM TIME TO TIME AND WITHOUT NOTICE, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE. YOUR CONTINUED ACCESS OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH MODIFICATION(S).
YOUR INFORMATION
In consideration of Your ability to access the Site and use the Mediashare Services, You agree to provide true, accurate and complete information to Mediashare as requested in any registration form or elsewhere on the Site, and to update all such information as necessary to ensure it remains current.
MEDIASHARE CONTENT
All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, indexes, desktop tools, software and any other material or information used in connection with the Site (“Mediashare Content”); the selection, arrangement, and presentation of all Mediashare Content (including information in the public domain); and the overall design of the Site are the property of Mediashare and protected by U.S. and international copyright laws. Mediashare grants You a personal, non-transferable, and non-exclusive limited license to access the Site solely for (a) Your personal, non-commercial use, and provided that You do not delete or modify any copyright or other proprietary notices there from; or (b) as expressly permitted under an Agreement currently in effect between You and Mediashare. Any other copying, reproduction, republication, uploading, posting, distribution, transmission, or modification of Mediashare Content or any other property of Mediashare, whether in electronic or hard copy form, is strictly prohibited without the express prior written permission of Mediashare.
You may not frame any Mediashare Content, or any trademark, logo or other proprietary information on the Site, without Mediashare’s express written consent. You may not use Mediashare’s name or trademarks in any meta-tags or other hidden text without the express written consent of Mediashare. You may link to the Site for non-commercial purposes only. Mediashare reserves the right to demand You remove any such link at time, for any or no reason, and at Mediashare’s sole discretion.
MEDIASHARE MEMBERSHIP
Mediashare Members who have paid all applicable fees and are not in breach of these Terms are eligible for Mediashare Services, which allow them to build interactive online photo and video albums (“Home Pages”), and share Home Pages with friends and family at a unique Web address hosted by Mediashare on the Site. There are several Mediashare Membership Plans available, depending on your storage needs. Because the service is designed for only consumer content sharing, Mediashare uses bandwidth usage limits that may restrict how many video and photo downloads can be made each month.
Should You exceed the maximum storage or bandwidth limit for your Mediashare Membership Plan, You agree that Mediashare shall have the right to upgrade Your membership, without notice to You. You agree to pay all applicable fees for such upgraded Mediashare Membership. All Home Pages shall be deemed incorporated in, and a part of, the Site, and all visitors to a Mediashare Members’ Home Page(s) are subject to these Terms.
VISITOR CONTENT AND MEDIASHARE CONTENT
Some parts of the Site may allow You to post, or to e-mail to Mediashare materials or information (“Visitor Content”); or to access or use Visitor Content posted or e-mailed by other visitors to the Site. In addition, if You are a Mediashare Member, You may post photos and video and audio files to Your personal Home Page(s) (“Mediashare Content”). You may not post any Mediashare Content other than photos, video and audio files, and only in strict accordance with these Terms and any other instructions of Mediashare. Your Mediashare Content is “read-only” and may not be printed, copied or retransmitted by You or any other visitor. Your Mediashare Content is password protected and may be modified only when accessed using Your password. You are solely responsible for protecting the security of Your password.
Your Visitor Content and/or Mediashare Content is Your sole responsibility. You agree not to submit or post any Visitor Content or Mediashare Content which (a) is pornographic, illegal, obscene, vulgar, threatening, defamatory, libelous, invasive of privacy, harmful, abusive, harassing, tortuous, harmful to minors, racially, ethnically or otherwise objectionable; (b) promotes or provides instruction regarding illegal activities or promotes physical harm or injury against any group or individual, including without limitation instructions on how to assemble bombs or other weapons; (c) violates any applicable local, state, national or international law; (d) infringes the patent, trademark, trade secret, copyright or other proprietary rights of any person or entity or which You do not have the right to submit or post (such as inside information or proprietary or confidential information learned as part of an employment relationship or under a nondisclosure agreement of any kind); (e) contains software viruses, corrupted data, cancel bots, or otherwise disrupts the operation of the Site or the Mediashare Services, or servers or networks connected to the Site, or the ability of other visitors to access or use the Site or the Mediashare Services; or (f) consists of commercial solicitations, or mass mailings or any form of “spam.” You further agree not to use a false e-mail address or to impersonate any person or otherwise mislead as to the origin of any Visitor Content or Mediashare Content You submit or post, and not to harvest or collect information about other visitors to this Site or use such information for any purpose, including without limitation transmission of spam.
Mediashare has the right, but not the obligation, to review, remove or edit Mediashare Content, Visitor Content or any other content on the Site that Mediashare, at Mediashare’s sole discretion, determines is in breach of these Terms or is otherwise harmful, objectionable or untrue. Mediashare is not responsible for any failure or delay in reviewing or removing any content whatsoever. You hereby release Mediashare from any liability as a result of a decision to edit or remove any content or not to edit or remove any Mediashare Content, Mediashare Content, Visitor Content or any other content whatsoever. Mediashare has no responsibility, and assumes no liability for, any Visitor Content or Mediashare Content posted by You or any other party, and does not guarantee the accuracy, integrity or quality of any content on the Site. By using the Site or the Mediashare Services, You may be exposed to content that is offensive or indecent. Mediashare shall have no liability in any way for any Visitor Content or Mediashare Content, including but not limited to any errors or omissions, or any loss or damage of any kind You incur as a result of any Mediashare Content.
You further agree that Mediashare may, at Mediashare’s discretion and without notice to You, disclose Your Mediashare Content and/or Visitor Content (a) as required by a court or government agency; (b) to enforce these Terms; (c) to respond to any claim that any Content or Visitor Content violates the rights of any third party; or (d) to protect Mediashare’s rights.
Communication via the Internet may use potentially unsecure computers and links, and data may be lost, or intercepted by unauthorized parties during such transmission. You agree that Mediashare shall have no liability whatsoever in connection with such lost or intercepted data.
Remember, any personal information You post or e-mail to the Site may be collected and/or used by third parties. Mediashare takes reasonable steps to protect Your personal information in accordance with our Privacy Policy but is not responsible for the security of any personal information You post or e-mail to the Site.
TRADEMARKS
Mediashare, Neptune, neptune.com, mediashare.com and any other names of Mediashare or its Web sites, publications, products, content or services referenced on the Site are the exclusive trademarks or servicemarks of Mediashare; including without limitation the “look and feel” of the Site and the color combinations, layout and other graphical elements of the site. You may not use Mediashare’s trademarks in any manner without the express, written permission of Mediashare. Other product and company names which appear on the Site may be subject to trademark or other rights of other parties.
USE OF THE SITE
You are solely responsible for obtaining and maintaining all telephone, hardware, software and other equipment necessary to access and use the Site, including all related expenses.
You agree not to use the Site in any manner so as to (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law, including without limitation laws regarding the export of data from the United States or the country in which You reside; or (c) delete or revise any content on the Site. You further agree not to use the Site or the Mediashare Services to harass any other person or to collect or store personal information about other visitors.
Should You enter into an Agreement for Mediashare Services, You agree not to use Your personal Home Page(s) as a door or signpost to any other home page or as a vehicle for remote loading. An example of remote loading would be if you attempted to link from another web site directly to a video hosted in your Mediashare web site.
LINKING
Mediashare has no control over other Web sites or other resources accessed through links on the Site. You agree that Mediashare shall have no responsibility for any content, advertising, products or other material accessed through such links, and shall not be liable, directly or indirectly, for any damage or loss incurred by You or any third party in connection with Web sites or resources accessed through links on the Site.
TERMINATION
These Terms remain in effect until terminated by either You or Mediashare. Mediashare reserves the right to suspend or terminate Your access to the Site or any portion of the Site with or without notice, if You breach these Terms or the terms of any Agreement, or if Mediashare has reasonable grounds to believe You have committed such breach. Mediashare may, in its sole discretion, discontinue providing the Site, in whole or in part, and with or without notice to You. Mediashare shall have no liability to You or any third party for any termination of the Site or access to the Site.
The following termination provisions apply to Mediashare Members:
You may terminate Your Mediashare Membership at any time. Termination is effective immediately, and you are not entitled to receive a refund of any fees paid for such year.
You agree that Mediashare shall have the right the cancel Your membership immediately, and without refund of any amount paid by You for the year in which Your membership is cancelled. Should Mediashare decide, in Mediashare’s sole discretion, that You have breached any provision of these Terms, or have failed to pay any applicable fees, Mediashare may terminate your membership.
DEALINGS WITH ADVERTISERS
Mediashare shall have no responsibility or liability of any kind in connection with, pertaining to or arising from any correspondence or other dealings between You and any advertiser on the Site, including without limitation any purchase, payment, delivery of goods or services, or any other terms, agreements, warranties or representations associated with Your dealings with such advertisers.
NO WARRANTY
MEDIASHARE DOES NOT WARRANT THAT ANY MEDIASHARE CONTENT, VISITOR CONTENT, MEDIASHARE CONTENT OR ANY OTHER CONTENT POSTED ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MEDIASHARE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DOES MEDIASHARE MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE SITE OR THE SERVICES. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.)
MEDIASHARE DOES NOT WARRANT THAT ANY CONTENT AVAILABLE FOR DOWNLOADING OR OTHERWISE OBTAINED THROUGH THE SITE OR THE SERVICES IS FREE OF SOFTWARE VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.
LIMITATION OF LIABILITY
MEDIASHARE SHALL HAVE NO LIABILITY FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OR INABILITY TO USE THE SITE THE SERVICES, OR ANY CONTENT. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE MATERIAL, DATA AND ALL OTHER CONTENT PROVIDED ON THE SITE FOR ACCURACY, COMPLETENESS AND USEFULLNESS.
MEDIASHARE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE OR THE SERVICES, OR ANY INFORMATION, DATA OR OTHER CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR INFORMATION, DATA OR OTHER CONTENT PROVIDED ON THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE MATERIALS, DATA OR OTHER CONTENT PROVIDED ON THE SITE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF MEDIASHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MEDIASHARE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.
IN NO EVENT SHALL MEDIASHARE’S LIABILITY EXCEED THE GREATER OF $50.00 OR THE AMOUNT ACTUALLY RECEIVED BY MEDIASHARE FROM YOU UNDER AN AGREEMENT IN THE THREE MONTH PERIOD PRIOR TO THE EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
INDEMNITY
You agree that You are personally responsible for Your use of the Site and the Mediashare Services. Upon Mediashare’s request, you agree to defend, indemnify and hold harmless Mediashare, its subsidiaries and affiliates, and all officers, directors, employees, agents, partners, advertisers and third party information providers from and against any loss, damage, or expense of any kind (including attorneys’ fees and costs) resulting from Your violation of any the Terms; Your use of or access to the Site or the Mediashare Services, Your posting or e-mailing of Mediashare Content or Visitor Content, or Your violation of the rights of any third party. Mediashare reserves the right, at Your expense, to assume control of any matter subject to the above indemnification, and You agree to cooperate with Mediashare at your own expense in any such matter.
FORWARD-LOOKING STATEMENTS
Any forward-looking statement contained in content accessed on or through the site which may be based on or include assumptions concerning Mediashare’s operations, future results and prospects is based on current expectations and subject to risk and uncertainties and may be modified or superseded by subsequent events. Mediashare has no duty or policy to update any information or statements, and any content accessed on or through the Site should not be relied upon as being current as of the date it is accessed. In addition, content may include technical inaccuracies or typographical errors. All content provided on or through the Site is furnished for informational purposes only, and does not constitute and should not be construed as an offer to buy or sell securities.
MISCELLANEOUS
This Site is controlled and operated by Mediashare from it’s headquarters in Seattle, Washington, United States of America. Mediashare makes no representation that any Mediashare Content, Visitor Content, Mediashare Content or any other content on this Site is appropriate or available for use in other locations. If You access this Site from a location outside the United States of America, You do so on Your own initiative and are responsible for compliance with all applicable laws of Your jurisdiction.
These Terms, and any dispute that may arise between You and Mediashare, shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws principles. The Terms, as they may be amended from time to time, set forth the entire understanding of You and Mediashare as to the subject matter of the Terms, unless otherwise specifically provided under a written agreement between You and Mediashare, and supercede any prior agreements between You and Mediashare, whether oral or written, as to the subject matter herein. You consent to jurisdiction and venue in the courts of King County, Washington, U.S.A. for any all disputes arising out of or relating to the Terms and/or the Site.
Nothing contained in these Terms shall constitute You and Mediashare as partners or joint venturers or constitute an employment or agency relationship between You and Mediashare.
These Terms constitute a written agreement between You and Mediashare, and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
If any provision of these Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law.
No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Mediashare. Mediashare may assign its rights and duties under the Terms to any party, at any time, and without notice to You.
All rights not expressly granted herein are reserved to Mediashare.
INFRINGEMENT
If You believe any Mediashare Content, Visitor Content, Mediashare Content, or any other content on the Site infringes any person’s copyright interest, please provide the following information, in writing and signed by You, to the Mediashare Copyright Agent at the address listed below:
A description of the allegedly infringing content, and of the copyrighted work which You believe is infringed, including an assertion that You either own such copyright interest, or are the authorized agent of the owner.
Your address, telephone number and e-mail address.
Your statement that all information You have provided is accurate and that You have a good-faith belief that the use of the disputed content is not authorized by the copyright owner, its agent or by law.
Mediashare Copyright Agent
mediashare@neptune.com
MEDIASHARE PRIVACY POLICY
The following provisions apply to information Mediashare (“Mediashare”) learns about or obtains from You when You visit the Site. These provisions may be changed from time to time and without notice, at Mediashare’s sole discretion and as provided by applicable law. You should check this Privacy Policy frequently for any such changes, but in any case Your continued access or use of the Site shall constitute acceptance of such modifications of the Privacy Policy. Mediashare’s use of information gathered or obtained now is subject to the Privacy Policy in effect at the time of such use.
What We Collect
Mediashare may ask You to provide certain information, such as Your name and e-mail address, so that we can identify You and provide better service to You on future visits. You do not have to provide this information; however failure to provide the information may affect Mediashare’s ability to provide You with Mediashare Services, or Your ability to access certain portions of the Site or download material or data from the Site. In addition, in order to receive Mediashare Services You must provide Your correct name, E-mail address, billing address and credit card number.
In addition to information You provide, Mediashare may automatically collect the name of the domain and host from which You access the Internet; the IP address of the computer You are using; and the browser and operating system You are using; the date and time You access the Site; and the Internet address of the Web site from which You linked to the Site.
Mediashare uses “cookies” so that You won’t have to reenter information each time You visit the Site. A cookie is a small text file that the Mediashare system sends to Your computer to collect information about Your activities on the Site, or to make it possible for You to purchase products or services from the Site and to track such purchases. The cookie transmits this information back to the Site each time Your browser requests a page from the Site, and the information is stored to help facilitate Your use of the Site the next time You visit. If You do not want to receive cookies from the Site, You can set Your browser to not accept cookies.
How We Use Information
We use the information You provide and we collect to:
Administer the Site and diagnose problems with our server;
Verify Your identity;
Provide You with information about the Site and Mediashare and our products and services; and in order to facilitate performance by Mediashare or You under any Agreement as defined in the Terms; and
Measure the number of visitors to the Site and how the Site is used, in order to make the Site as useful as possible to our visitors.
Collect any payments due for Mediashare Services or any other services You receive.
Links
The Site may contain links to other sites. These links are for the convenience of visitors to the Site only, and Mediashare makes no representations whatsoever regarding such other sites. You should review the privacy policies of other sites carefully before providing any information to such sites. Mediashare is not responsible for the privacy policies or procedures or the content of any other site.
Security
The Site has security measures in place to protect against the loss, misuse or alteration of information under Mediashare’s control.
Compliance with COPPA
The Site is not directed at children under the age of 13. Mediashare complies with the Children’s Online Privacy Protection Act and does not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age. This age requirement is posted each time we request personally identifiable information.
Subpoenas
We do not disclose the identities of visitors or users of the Site unless legally required to do so. We will respond to any subpoena received from a government agency (i.e., the Securities and Exchange Commission or law enforcement agencies) without prior notice to You. Unless prohibited by law or by a valid court order, we will notify You of any subpoena received from any other party (i.e., for civil litigation) which requires us to disclose Your identity, and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena.
Email Communication
Mediashare shall have the right to communicate with you via email, receipt of which by you is considered essential to our provision of service. You may unsubscribe from such communication via email at any time by contacting : support (at) mediashare.com.
Conditions of Use
Your access and use of the Site is subject to this Privacy Policy and the Terms including limitations on damages, and the applicability of the law of the State of Washington, United States of America.
Last Updated: July 1 2009
