Terms of Use


PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. These Terms of Use (this “Agreement”) govern the use of the Talking Media Group website at http://www.talkingmediagroup.com (the “Site”). The Site is operated and maintained by Talking Media Research, LLC (“TMG”, “we”, “us” or “our”). This Agreement incorporates by reference the terms of our Privacy Policy, which may be found at http://www.talkingmediagroup.com/privacy.

  • Your use of the Site constitutes your agreement to the terms of this Agreement (including, without limitation, to the terms of our Privacy Policy), as well as to all applicable laws. TMG offers access to and the use of the Site only to those persons who accept all of the terms and conditions in this Agreement. If you do not accept all of these terms of use, you may not use the Site.
  • TMG reserves the right, in its sole discretion and for any or no reason, to modify this Agreement from time to time by posting a revised version, together with the date of such posting at the bottom of the page. All such changes will be effective immediately upon posting, and each time you use the Site, you agree anew to the terms of this Agreement. Therefore, please review this Agreement regularly. If at any time all of the terms of this Agreement are not acceptable to you, please do not use the Site.

Use At Your Own Risk


Many of the services we provide are available on or through the Site, which is accessible to Users via the Internet. We will use reasonable commercial methods to keep the Site free of worms, viruses and other malware. However, we cannot and do not police the Internet for malware. Therefore, you acknowledge and agree that you may sustain damage to your computer or system while using the Site, and that you will use the Site solely at your own risk.


Purpose


TMG is an information and media company that gathers, creates and provides information about, and analysis of, companies in the media space.


Registration


You may visit the Site without becoming a registered User. However, until you have registered, you will not have access to all of the resources provided through the Site. When you register, the information you provide must be correct and complete in all respects and will be subject to our Privacy Policy. Also, you will have the opportunity to select a user name and password with which you can access the restricted content made available through the Site. It shall be your sole responsibility to protect this information and to ensure that use of the Site via your user name and password will be in accordance with this Agreement.


* * * You may not use the Site if such use is prohibited by applicable law. * * *


Uses


Registered and unregistered Users may review the contents of the TMG Directory – an ever-growing and changing database containing basic information about thousands of media companies in the US and throughout the world. Some of this content may be original with us, and some may be made available under third party license(s). However, only registered Users will have access to our exclusive database of TMG research reports, which contains our written reports of research into and analysis of media companies, as well as industry sector analyses. In addition, only registered Users may request that we update existing reports or research and analyze companies that are not yet represented in the TMG Directory. New reports and updates of existing reports may be subject to fees and expenses.


User Content


Users will be encouraged to participate in discussions on the Site. Companies with profiles on the Site may submit updated profiles via a web form to augment or replace the existing profile. Companies are also encouraged to submit detailed presentations about their companies for use in connection with our research coverage. The postings and submissions described above are examples, but not an exhaustive list, of “User Content”, which is defined as Content posted to the Site or otherwise submitted by Users. “Content” is defined as all words, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material used on or incorporated into the Site. You agree that the User Content you post or submit to the Site will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties, and will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. In your interactions with us and other Users, you may not impersonate any person or entity, or otherwise mislead as to the origin of yourself or any User Content you may post. We do not systematically review User Content for conformity with this Agreement, but we reserve the rights (but do not have any obligation) to review, remove or edit any User Content as determined in our sole discretion.


Ownership of and Right to Use Content


User Content. Ownership of User Content will not be transferred solely as a result of its posting or submission. However, by uploading User Content to the Site, you grant to TMG and its sublicensees, assigns and successors a nonexclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the universe on and in connection with the Site via the Internet and/or other medium now known or hereafter developed, including, without limitation, in our efforts to promote the Site and in our research and analysis.

By uploading User Content, you also agree that the following statements are and will remain true while the User Content is on the Site:

  • you own or license rights in and to your User Content sufficient to permit you to legally post or upload it to the Site and to license to TMG the rights granted under this Agreement; and
  • neither your User Content nor our use of it as provided in this Agreement breaches or will breach any of the terms of this Agreement, violates or will violate any applicable law or will cause injury to any person or entity.

Site and the Content, any compilation, collective work or other derivative work created by TMG using or incorporating Content, including the arrangement or integration of all such Content. The Content is the protected property of TMG, is licensed to TMG by third parties (including by you), or is used pursuant to applicable copyright law. You agree to comply with any copyright or trademark notices and other restrictions contained in any Content available on or accessed through the Site. Assume that all material on or accessible through the Site is protected by copyright, trademark or other intellectual property law. Please do not use Content except as expressly permitted in this Agreement or by separate agreement with the Content owner.

TMG grants you a limited license to access the Site and to copy any Content for your own personal, noncommercial use. You agree to comply with and keep intact any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Other than as expressly set forth in this Agreement or without our prior written approval, you may not, directly or indirectly:

  • copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part; or
  • use any of the trademarks, trade names or logos that appear on the Site; or
  • make commercial or other unauthorized use by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including, without limitation, the Content; or
  • use any of the trademarks, trade names or logos that appear on the Site; or
  • delete or alter any Content; or
  • post, upload, transmit or submit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, or other solicitations; or
  • disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way; or
  • use automated means, such as scrapers, bots or spiders, to collect Content; or
  • run or advertise for lotteries, sweepstakes, giveaways or contests; or
  • impede or interfere with others’ use of the Site.

Third Party Content and Websites; No Endorsement


TMG respects the intellectual property of others, and we ask that Users do the same. The Site may contain links to websites that are owned and operated by third parties and are unrelated to us. We have no control over and do not make any representations or warranties with respect to any third party sites you may learn about or access via the Site, or to any content you may find or access there. Material available on or through other websites may be protected by copyright and other intellectual property laws of the United States and other countries. The terms of use of those websites, and not the terms of use set forth in this Agreement, govern your use of that material.

If we incorporate information from third party sources into the Site, we will make all reasonable efforts to follow fair use conventions, including giving credit to the source of the information and providing links, when available, to the third party source from which the information was gathered.

TMG or Users may provide links and/or references to third party websites. No such link or reference shall be construed as an endorsement or recommendation by TMG of any third party website or any content on such sites. Please make your own independent decisions regarding your interactions or communications with any other website.

The Site may provide links to, and may feature, mention, describe or advertise, certain products and services that may be of interest to you. However, unless we expressly state otherwise, we do not recommend, certify or endorse these or any other products or services in any way, and we are not responsible for the contents of, or any products or services offered on, any third party sites. If you have questions about any product or service you learn about on our Site, please go to the source – namely, the vendor, distributor or manufacturer – for additional information.


Notice for Claims of Intellectual Property Violations and Agent for Notice


If you believe in good faith that any material on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  3. a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. information, if possible, sufficient to permit TMG to notify the owner/administrator of the allegedly infringing content; and
  7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright). Notices and counter-notices should be sent to our Copyright Agent:

By Mail:

Talking Media

Research LLC

22 West 21st Street

Second Floor

New York, NY 10010

Attn: Copyright Agent

By Phone

(347) 746-7501

By email:

info@talkingmediagroup.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.


Privacy


Your use of our site is subject to our Privacy Policy, which may be found at http://www.talkingmediagroup.com/privacy. By using the Site, you agree that you have read our Privacy Policy, that it is reasonable and acceptable to you, and that you agree to its terms.

Emailing List


We anticipate creating an e-mailing list of Users who wish to receive information from us, which might include, for example, announcements of any new features, products or services on or available through the Site or our affiliates. You will have the opportunity to opt out of this service both when you register to become a User and each time you receive email sent to the members of our e-mailing list. We will not submit your personal information to direct marketers and will use your information only as described in this Agreement and in the Privacy Policy.


Disclaimer of Warranties; Limitation of Liability


THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITE, OUR SERVERS, OR E-MAIL SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

YOU HEREBY RELEASE TMG, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR OR ANYONE ELSE’S USE OF THE SITE OR ANY ACT OR OMISSION OF ANY RELEASED PARTY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”


Indemnification


You will indemnify, hold harmless and, at TMG’s option, defend TMG and its parent and affiliates and each of their respective owners, officers, employees, agents, licensees, successors, and assigns from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, by any third party as a result of your breach of any term of this Agreement, your violation of any law or the rights of a third party, or your use of the Site.


No Unlawful or Prohibited Use


As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is prohibited by any applicable law or regulation or by these Terms of Use, as they may be amended from time to time.


Termination

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, without prior notice or liability. If your account has been terminated, do not attempt to rejoin using a false name or contact information. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.


Applicable Law; Disputes

By visiting the Site, you agree that the laws of the State of New York, without regard to the principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise between you and TMG. Any such dispute may be heard only in the federal and state courts in the Borough of Manhattan, City and State of New York, and you hereby submit to the exclusive jurisdiction and venue of such courts.


Remedies


You acknowledge that all information on the Site is subject to worldwide copyright and/or other intellectual property protection. Such information is made available for your personal use only, and may not be forwarded, repackaged, resold, reposted or distributed, by any means in any format, to third parties without our prior written consent in each instance. Given that our business is based on our control over the use of our proprietary information, you agree that we shall have the right, without posting bond, to seek an injunction for breach or anticipatory breach of this provision.


Headings


The section headings in this Agreement are for convenience only and shall not affect in any way the interpretation or understanding of this Agreement or any of the terms and conditions herein.


Severability


If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining portions will continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intent of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.


Modification of these Terms of Use


TMG reserves the right to change the terms, conditions, and notices under which the Site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of the Site.


If you have questions about this Agreement, wish to report any violations of these Terms of Use, or wish to obtain permission to use Content other than as expressly permitted in this Agreement, please contact us at info@talkingmediagroup.com

Last updated: February 21st, 2012.

© 2012 Talking Media Research, LLC