TERMS OF SERVICE

Terms and Conditions for Use of, or Access to, the website and other online Service operated by Aftershock Media Group, Inc.

 

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.  BY USING, ACCESSING, SIGNING UP FOR AN ACCOUNT WITH OR LINKING TO ON-LINE SERVICE OPERATED BY AFTERSHOCK MEDIA GROUP, INC, INCLUDING, BUT NOT LIMITED TO WEBSITE(S), INTERACTIVE DIGITAL COMMUNITIES, BLOGS, OR SOCIAL MEDIA ACCOUNTS (COLLECTIVELY “SERVICES”), YOU AGREE TO ALL THE TERMS CONTAINED WITHIN THIS AGREEMENT AND AGREE TO BE BOUND BY ALL SUCH TERMS.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU ARE NOT PERMITTED TO UTILIZE SUCH ON-LINE RESOURCE.

 

Ownership.

The website(s), interactive digital communities, blogs, and contents of associated social media accounts, are fully owned and operated by Aftershock Media Group, Inc (“Company”), a Delaware corporation. The associated social media platforms, as well as software or services used to host various aspects of Services may be owned and operated by their respective owners and Company makes no claim as to ownership or control thereof except as permitted through the relevant Terms of Use or End User Legal Agreements.

 

Intended Use.

The Service is intended for non-commercial, personal, reference, and entertainment purposes only.  Use for commercial purposes, including use of Service to directly support any business model, actual business, enterprise or venture, is prohibited and not supported. This does not prohibit you at all from applying the knowledge you gain from using Service to create or advance your business or businesses, but your business may not directly incorporate use of Service, or depend directly on Service. Provided, however, that the provisions of this “Intended Use” section are not intended to apply to any Affiliate Program, whereby Company financially compensates Users for referrals to the Service.

 

Intended Audience.

In the United States, the Service is intended only for lawful residents of the United States  who are 13 years of age or older.  In other countries, the Service is intended only for persons of the age at which local law permits access to services such as Service, or the minimum age for audiences of services such as Service. Persons in the United States under the age of 13, and of any age in another county where persons of that age are not allowed to access services such as Service, or are of an age where companies are not allowed to present services such as Service to them, shall collectively be known as “Restricted Audience.”  None of the contents of Service are intended for Restricted Audience, and are not intended in any way to market commercial products to, or solicit any information whatsoever from Restricted Audience.  You are personally and solely responsible for ensuring that accessing the Service, and the information or products and services contained within, is lawful in the jurisdiction in which where you reside or from which You access the Service. If you are a member of Restricted Audience, then you may not access Services and are hereby directed to discontinue your access to Services immediately.

 

 TERMS AND CONDITIONS

 

The following words and terms, when used with initial capitals, unless otherwise specified, shall have the following defined meanings:

 

Company means Aftershock Media Group, Inc, a Delaware corporation.

 

Content Partner means any third-party individual, company, or business entity with whom Company collaborates to develop and provide Sponsored Content through the Services.

 

Digital Content means written, spoken, photographic, drawn, and videographic content, created or stored in a digital format, and made available through the Service.

 

Service means, collectively, or individually, as the context may provide: a) any websites operated by Company; b) any blog or regularly updated content disseminated by Company; c) any digital community or interactive service operated by Company; or d) any social media account operated by Company.

 

User means any person or entity who: a) accesses; b) uses; or c) creates a User Account for use of aspects of Service that are owned or controlled by Company.

 

We means Company.

 

You means User.

 

 

  1. Disclaimer of Warranties. Except where disclaimer of warranties are prohibited by law, the Service is provided, and by accepting these Terms and Conditions you are agreeing to use of or access to Service, on an As Is basis and acknowledging the following warranty disclaimers.  All express or implied warranties, including, but not limited to, warranty of merchantability, warranty of fitness for use, warranty of title, and warranty of non-infringement are hereby disclaimed wholly, and completely.  Furthermore, We do not warranty in any way that the Service, and functions or purposes served within or available through the Service, will work in any particular manner, will be error free, uninterrupted, free of viruses, worms or other malware, or error free.  Finally, We do not warranty in any way that Your patronage of any business, merchant or establishment referenced in any way in Service or Digital Content contained in Service will meet any particular standard of quality, or will not result in loss, physical injury or damages due to criminal or tortious conduct by anyone.  If any particular portion of these disclaimers of warranty shall be found, by a court of competent jurisdiction, to be unlawful or otherwise unenforceable, then all remaining portions shall continue to have full force and effect.
  2. Release and waiver of liability. Neither the Company nor any of its elected or appointed officers, shareholders, employees or agents shall be liable for any liability, penalty, fee, fine, attorney’s fees, or any other costs, associated with, stemming from, or in any other way pertaining to Your use of, or access to the Service or reliance on the Service, regardless of the theory of liability including, but not limited to, direct, indirect, special, consequential, incidental, exemplary, punitive or any other type of damages, lost or damaged data, damage to equipment, lost profits, personal injury or death, all of which are excluded, waived and disclaimed in their entirety and in perpetuity by the agreement of the parties.  Your agreement to exclude, waive and disclaim shall extend, in perpetuity, to your estate, descendants, heirs and assigns.  If any particular portion of these disclaimers of liability shall be found, by a court of competent jurisdiction, to be unlawful or otherwise unenforceable, then all remaining portions shall continue to have full force and effect.
  3. Limitation of Liability. Under no circumstance shall the liability of the Company or any of its elected or appointed officers, shareholders, employees or agents, in any way related to Your use of Service referenced by or related to these Terms and Conditions, exceed the cumulative sum of $10 in US funds.
  4. Indemnification and hold harmless. You agree to, and shall indemnify, defend, and hold completely harmless the Company, its elected or appointed officers, shareholders, employees, and agents from and against any claims, lawsuits, regulatory proceedings, damages (of any type, including punitive or exemplary damagers), penalties, fees, fines, and costs, claimed by any third party or imposed by any governmental entity or court of law, for your actions or inactions in any way relevant to, stemming from, or resulting from your use or misuse of the Service.  This duty to defend, indemnify and hold harmless shall include payment of any reasonable attorney’s fees incurred therefrom.  Company will endeavor to advise you about the existence of any legal action that may trigger your indemnification obligations as soon as possible. Late notification does not limit or eliminate your indemnification obligations.
  5. Applicability of Terms and Conditions. Except as prohibited by law these Terms and Conditions shall be binding on You, your estate, descendants, heirs, and assigns.
  6. Non-Responsibility for Third-Party Actions or Third-Party Websites. The Service is available to many Users and, from time to time, may permit Users to access websites or other digital Service operated by third-parties.  The Company has no control over the actions of Users or third-parties that may operate websites or other digital resources accessible through the Service.  As such, the Company takes no responsibility for the actions of other Users.  Furthermore, while the Company will exercise care in choosing the websites and other digital Service that are officially accessible through the Service, because it has no control over these websites and other digital Service, and because other Users may, through interactive media, themselves post or provide access to third-party websites and other digital Service, Company disclaims all responsibility for the contents of these third-party website and other digital Service, and advises Users to exercise care when following links that take them to websites or other digital Service, operated by third-parties, outside of Service. If You choose to access third-party websites or other digital resources through Service, then you agree that you are doing so at your own risk.
  7. No Implied Endorsement. The listing of, or reference to, third-party businesses, merchants and establishments in Service is provided strictly for references purposes only and do not constitute an endorsement of any sort by Company.
  8. User Accounts. To access certain portion of Service You may be required to create a User Account.  User Accounts are subject to the following terms:
    1. You must provide accurate and truthful information in your User Account registration;
    2. You agree that we may utilize a confirmation email to verify the accuracy of Your email address before We approve Your User Account;
    3. We may store IP Address information if we deem it necessary to prevent or protect against fraudulent activity;
    4. We may use information you provide in registering your User Account as specified in our Privacy Policy.
  9. Digital Millennium Copyright Act (“DMCA”) Notices. The Company respects the intellectual property rights of everyone.  If you believe that your intellectual property rights have been violated by copyrighted material posted by a third party on or through the Service, then the Company will take prompt action to investigate your allegation and take appropriate action so long as you provide notice to the Company’s designated agent:

 

Attn: DMCA Notice

{             }

 

 

An email sent to ___________ [provide email] will assist in expediting the           handling of your notice.  However, because of its inherent unreliability, the

            email communication, in itself, should not be deemed sufficient notice.  If

            the Company does not actually receive an email notice and no mailed

            notice is sent, then your notice may not have its desired effect.

 

            All DMCA notices MUST contain the following:

  • (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. Brand Assets Belonging to the Company. The following are Brand Assets belonging to the Company.  The Company claims and reserves all rights to such Brand Assets and the intellectual property contained therein.  Use other than as licensed or as reasonably permitted by the Fair Use Doctrine, is strictly prohibited.  In particular, you may not utilize the Company’s Brand Assets: a) in a manner that might deceive or confuse the public; b) in a manner that implies that you own or control the the Brand Assets; c) in a manner that implies that you or your organization is affiliated with the Company unless you actually are and receive a license to use the Brand Assets in such a manner; d) in a manner that suggest that the Company sponsors or endorses you, your organization or your product/service; e) in a manner that confusingly combines your Brand Assets with those of the Company; f) on your website or other digital presence vehicle (including social media sites or accounts owned or controlled by you) if the Company’s Brand Assets are featured more prominently than other branding material on the site; or g) on your website or other digital presence vehicle (including social media sites or accounts owned or controlled by you) if said website or digital presence vehicle promotes pornography, gambling, underage smoking or drinking, or any unlawful activity.  Whenever you reference the Company’s Brand Assets, you are required to use the “™” designator following it at least once in any document, web page or other digital presence vehicle.
    1. “Aftershock Media Group” and “AMG” are trademarks owned by the Company and are considered Company Brand Assets.
    2. The following logos are trademarks owned by the Company and are considered Company Brand Assets . The Company does not permit the use of logo Brand Assets except as specifically licensed in writing:  [insert images of logos here]
  2. Change to these Terms and Conditions. The Company may unilaterally change any of the provisions herein if, in its sole discretion, it believes the change to be appropriate.  Upon any change, the new version of this Agreement will be posted on the main website for the Company. If you continue to access Service after a new version of this Agreement has been posted, then you are, by your actions, agreeing to the new Agreement.
  3. Mandatory Arbitration. Any disputes relating to this Agreement and to the Service, shall be resolved by binding arbitration only, and the parties hereby waive their otherwise inherent right to file a lawsuit in a court of competent jurisdiction for relief.  This means that by accepting this Agreement, you are waiving your right to file a lawsuit in court and to form a class for purposes of a class action lawsuit.  Prior to commencing with arbitration, any aggrieved party is strongly encouraged to contact the Company’s dispute resolution center at: ____________ [Email Address for Disputes].  If arbitration becomes necessary, then the parties agree that it shall be conducted in the following manner:
    1. The matter shall be submitted to the American Arbitration Association (“AAA”) for arbitration and the AAA shall be entitled to assign an Arbitrator according to their policies and procedures for doing so.
    2. The AAA’s Consumer Arbitration Rules shall control the arbitration process.
    3. All parties shall be permitted to participate in all aspects and stages of the arbitration by virtual means including video-conference when appropriate. No travel shall be required of any party to participate in the arbitration process.
    4. Neither party shall have the opportunity to present or communicate to the arbitrator in person prior to the rendering of a decision, unless the presentation or communication is mutually agreed upon.
    5. Upon the conclusion of the arbitration, the most prevailing party shall be entitled to its reasonable attorney’s fees and costs, and the other party shall be responsible for the entire cost of the arbitration proceedings including the cost of the arbitrator.
    6. Any award resulting from arbitration may be filed in any court of competent jurisdiction. If the party who is required, by an arbitration award, to pay damages does not pay such damages within a reasonable period of time and legal action is necessary to enforce said award, then the party enforcing the award shall be entitled to its reasonable attorney’s fees and costs for such enforcement action.
    7. Arbitration awards shall be final and shall not be subject to appeal into a court of competent jurisdiction even if such an appeal is allowed by court rules pertaining to mandatory arbitration of legal disputes in any relevant jurisdiction.
    8. If any portion of this Mandatory Arbitration section is found by a court of competent jurisdiction to be unenforceable for any reason, then said portion shall be removed and the remainder of the section shall be enforceable as if the unenforceable provision was never a portion thereof.
  4. Venue. Venue for any legal action requiring an action in court, including any legal action to enforce the Mandatory Arbitration provisions herein, shall only be proper in a State or Federal court of competent jurisdiction, physically located within the counties of Benton or Franklin, in the State of Washington.
  5. Choice of Law. These Terms and Conditions are created under the laws of the State of Washington, and for all purposes shall be interpreted under Washington State laws governing contractual transactions between Washington State residents.
  6. No Legal Notices Accepted. The Company does not, by operating the Service or any other website, social media account or other digital presence, consent to service of legal notice of any sort whatsoever, by way of delivery through Service associated with the Service or such other website, social media account or other digital presence, including any email addresses that may be found therein.  Instead, any such legal notices shall be served in the manner otherwise directed by applicable law.
  7. If a court of competent jurisdiction finds that any portion of these Terms and Conditions to be unenforceable, or if any of these Terms and Conditions conflict with any agreements that the Company has with third-parties (such as operators of social media services to which the Company has subscribed) then said unenforceable or conflicting portion(s) shall be severed and the remaining portions shall be enforceable as if the unenforceable portion was never a part of these Terms and Conditions to begin with.