MediaLabOne.com TERMS OF USE
Last Updated: May 18, 2018
1. Introduction
These are the terms of use (“Terms of Use”) for your use of services or features on the sites owned and controlled by Media Lab One (“MLO”), including www.medialabone.com (the “Site”). We may add additional Sites from time to time as we expand our media offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.
We also like to interact with you on third party sites where we post content or invite your feedback, such as www.linkedin.com/medialabone and www.vimeo.com/medialabone (“Third Party Sites”). Our Terms of Use and other areas of our Sites may provide guidelines (“Guidelines”) and rules and regulations (“Rules”) in connection with the Community, including services that involve Third Party Sites, but MLO does not control those Third Party Sites, and these Terms of Use, do not apply to companies that MLO does not own or control, or to the actions of people that MLO does not employ or manage. You should always check the terms of use posted on Third Party Sites.
MLO reserves the right to change or modify any of the terms and conditions contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion. If MLO decides to change these Terms of Use, MLO will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.
2. Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 2000-2018 Media Lab One, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of MLO and protected by U.S. and international copyright laws. All software used on the Sites is the property of MLO or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with MLO, engaging with the MLO Community or using the Sites as a media services consulting resource. Any other use of materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Media Lab One is strictly prohibited.
3. Trademarks
MediaLabOne.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of MLO and may not be used in connection with any product or service that is not offered by MLO in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
4. Responsibility for your Content
You are solely responsible for all content that you email or otherwise transmit via or to the Sites, including all other data, information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”).
5. Your Use of Content on the Sites and Limitation of Liability
MLO provides the Sites and is not liable for any statements, representations, or Content provided by its users in any public forum or any Third Party Site, including without limitation through a social media Community. Any Content, if displayed, is displayed for entertainment and informational purposes only. MLO shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will MLO be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites. The preceding sentence does not apply to New Jersey residents.
You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. MLO reserves all rights not expressly granted in and to the Content.
6. Your Content Submission
You also represent and warrant that any Content you submit to MLO:
♦ Is not false, inaccurate or misleading;
♦ Does not harm minors;
♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
♦ Is not submitted for compensation or other consideration from any third party;
♦ is relevant to the product being rated and reviewed or about which a question or answer is submitted;
♦ does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
♦ Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
♦ Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
♦ Does not impersonate any person or entity
If your Content includes ideas, suggestions, documents or proposals to MLO through the SITE or by email, (a) such Content is not confidential or proprietary and MLO has no obligation of confidentiality, express or implied, with respect thereto; (b) MLO may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from MLO under any circumstances unless you are otherwise notified by MLO in writing.
For any Content that you submit, you grant MLO a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licenseable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.
7. Third Party Content and Third Party Sites
MLO may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. MLO does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between MLO and such third party. MLO does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. MLO is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to MLO do not necessarily reflect the views of MLO.
8. Mobile Services
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
9. Modification of Content
All Content that you submit is not confidential and may be used at MLO’s sole discretion. However, MLO and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, MLO and its designees will have the right to remove any Content that MLO deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. MLO does not guarantee that you will have any recourse through MLO to edit or delete any Content you have submitted. MLO reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not MLO, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of MLO, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
10. Reservation of Rights
MLO reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. MLO may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of MLO (and its employees), its users and the public.
11. Disclaimer of Warranties
MLO IS PROVIDING THE SITES, THEIR CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, MLO DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, MLO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
12. Disclaimer of Liabilities
MLO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.
13. Indemnification
You agree to defend, indemnify and hold harmless MLO (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites.
14. DMCA
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Media Lab One’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Sites;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your name, address, telephone number and email address (if available); and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
MLO’s DMCA designated copyright agent for notice of claims of copyright infringement on the Sites can be reached as follows:
Media Lab One
Legal Department
18100 Von Karmen Ave
Irvine, CA 92612
15. Fraud Protection Program
As part of our order processing procedures, we screen all received content for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to publish content due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our clients as well as ourselves from fraud or other unauthorized or illegal activity.
16. Privacy
By submitting your email address, you agree that MLO and its third-party service providers may use your email address to contact you about MLO or Content or Requested Quote Information you have submitted to the Sites, or for other administrative purposes and for any other purpose permitted or required by law. MLO’s Privacy Policy provides further detail on the manner in which MLO may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites.
17. Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MLO’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
18. English Language
It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
19. Dispute Resolution
If a dispute should arise between you and MLO, we want to provide you with a resolution that is efficient and cost-effective by using our service team. reachable by sending an email to hello@medialabone.com.
If your dispute cannot be resolved using our service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND MEDIA LAB ONE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
20. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and MLO agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate MLO’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances MLO may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or MLO must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and MLO will pay all other administrative costs and fees. In addition, for claims of less than $1,000, MLO will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and MLO, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MLO.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and MLO in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MLO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing MLO at hello@medialabone.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
21. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.
22. Severability
The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by MLO, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.
