You agree that you will not. (a) copy or distribute any part of the Service – including user postings – in any medium without our prior written authorization; or (b) alter or modify any part of the Service in any manner. In order to access some features of the Media Kitty Service, you will have to create a login account. When creating your login account, you represent and warrant to us that the information you provide is accurate and complete in all respects. All registrations must be made by you, personally. Accounts registered by "bots" or other automated methods are not permitted under any circumstances. You may never use another's login account without permission, and may not permit anyone else to use your login account. Single login accounts shared by multiple persons are not permitted under any circumstances. You may register for plans with multiple login accounts by contacting us.
You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Use of the Service is only available only to individuals who are at least 13 years old. If you are not yet 13 years old, you are not authorized to use the Service.
We may, at our sole discretion, modify these Terms of Service at any time. By accessing or using the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of August 4, 2015 In addition, we may modify and/or temporarily or permanently discontinue all or any part of the Service at any time in our sole discretion, with or without notice, and will not be liable for any such action.
We reserve the right to refuse service to any person for any reason, in our sole discretion. In addition, in our sole discretion, we may suspend or terminate your account for any reason. Such termination of your account will result in your loss of access to the Service and the content that you have posted on the Service. We will not be liable for any decision to suspend, terminate or refuse service under any circumstances.
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We currently charge subscription fees for Media Kitty Services, although free accounts are provided to qualified journalists at our discretion. Fee schedules for Media Kitty Services are posted online and are subject to change without notice. We will charge you sales tax along with your order, based on your billing address. In addition, you will be responsible for all other taxes, levies, duties or similar charges, only excluding taxes based on our income.
Media Kitty subscription fees are refundable for first-time subscribers if the subscription is cancelled within the first thirty days. Note that the 30-day refund policy is not available for users who have previously subscribed and taken advantage of the refund policy.
You must have a valid credit card on file at all times in order to maintain any paying account. Fees are billed in advance on the monthly billing cycle described below and are non-refundable, except for the 30-day refund policy described above.
If you have a monthly subscription, the following terms apply:
The fees for your first month of service will be charged to your credit card on the day you sign up, and fees for each additional month will be charged on the monthly anniversary of your sign-up date. If the anniversary date does not exist on a given month on the last day of the month. For example, if you sign up on May 15, your next month of service would be charged on June 15. We do not provide refunds or credits for partial months of service, downgrades in service that occur in the middle of a monthly billing cycle, or monthly billing cycles in which the service was unused but the account was open, or for any other reason, other than the 30-day refund policy described above.
In order to cancel a paid service, you should email us the cancellation request at collarme (at) mediakitty (dot) com. If you cancel a paid service in the middle of a monthly billing cycle, your cancellation will take effect immediately, and you will not be charged for the next month’s service. However, you will not receive any refund for the fees paid for the monthly billing cycle in which the cancellation occurs, except in connection with the 30-day refund policy described above. All of the content in your account will be deleted upon cancellation, and you will not be able to recover this information after cancellation.
If you upgrade a paid service in the middle of a monthly billing cycle, your credit card will automatically be charged a pro-rated portion of the new rate for that monthly billing cycle, and the monthly fee will be increased for future monthly billing cycles. If you downgrade a paid service in the middle of a monthly billing cycle, you will not receive a refund for that monthly billing cycle, but future monthly fees will be decreased accordingly. Downgrading your service level may result in the loss of content and features. We will not be liable for any such loss.
If you have an annual subscription, the following terms apply:
The fees for your first year of service will be charged to your credit card on the day you sign up, and fees for each additional year will be charged on the annual anniversary of your sign-up date. We do not provide refunds or credits for partial years of service, downgrades in service that occur in the middle of an annual billing cycle, or all or any portion of an annual billing cycles in which the service was unused but the account was open, or for any other reason, other than the 30-day refund policy described above.
In order to cancel a paid service, you should email us the cancellation request at collarme (at) mediakitty (dot) com. If you cancel a paid service in the middle of an annual billing cycle, your cancellation will take effect immediately, and you will not be charged for the next year’s service. However, you will not receive any refund for the fees paid for the annual billing cycle in which the cancellation occurs, except in connection with the 30-day refund policy described above. All of the content in your account will be deleted upon cancellation, and you will not be able to recover this information after cancellation.
If you upgrade a paid service in the middle of an annual billing cycle, your credit card will automatically be charged a pro-rated portion of the new rate for that annual billing cycle, and the annual fee will be increased for future annual billing cycles. If you downgrade a paid service in the middle of an annual billing cycle, you will not receive a refund for that annual billing cycle, but future annual fees will be decreased accordingly. Downgrading your service level may result in the loss of content and features. We will not be liable for any such loss.
User Submissions and Third Party Content
Content (as hereinafter defined) submitted by users for transmission through, or inclusion on, the Media Kitty Service is referred to in these Terms of Service as "User Submissions." Whether or not such User Submissions are transmitted or published, they will be subject to these Terms of Service. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all Content included therein), including the right to authorize us to use the User Submissions in the manner contemplated by the Service and these Terms of Service.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us for public display, you hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions that you publicly display through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Service.
We expressly disclaim any and all liability in connection with User Submissions. We reserve the right to remove Content and User Submissions without prior notice (or to refuse to transmit or publish any User Submission) for any reason, and to terminate or refuse a User's access to the Service for any reason.
We will not tolerate violations of intellectual property rights. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide us notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." at collarme (at) mediakitty (dot) com. that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512. ). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
The Service contains links to third party tweets and other third party websites that are not owned or controlled by us. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, "Third Party Content"). We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content.
Intellectual Property Rights
Except for User Submissions and Third Party Content, all material included on the Media Kitty Service, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") are owned by or licensed to us, subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Service is subject to copyright owned exclusively by us. Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SERVICE – INCLUDING AY AND ALL TRAVEL OPPORTUNITIES and EVENT ATTENDANCE FACILITATED THORUGH THE SERVICE BY ITS MEMBERS OR OTHERWISE-- SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES ARE PROVIDED TO YOU "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and offered by us from our facilities in Canada and the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Service.
Code of Conduct for Users
You may not use the Service for any purpose that is unlawful or prohibited by these Terms of Service – INCLUDING TO SET UP A COMPETING SERVICE -- or any other purpose not reasonably intended by us. In furtherance, and not in limitation, of the foregoing, you agree not to take any of the following actions in connection with your use of the Service:. (i) abuse, harass, threaten, impersonate or intimidate others; (ii) contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; (iii) engage in any activity intended to obtain password, account, or private information from any user;. (iv) transmit unwanted email or other communications; (v) submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content; (vi) take any action that might impose an unreasonable or disproportionately large load on our infrastructure; (vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (viii) bypass any measures we may use to prevent or restrict access to the Service. You will not post on the Service, or transmit to other Users via the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, discriminatory, racially offensive or illegal material.
To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE service or the WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.
Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.