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Terms of Use

Effective Date: June 06, 2020

These Terms of Use (“Terms”), along with the Privacy Policy, are put forth as a legal agreement by 77media, LLC. (“77media,” “we,” “our” or “us”) to govern the access to and use of 77media websites, products and/or services (individually or collectively, the “Products”) and any information, text, graphics, photos or other materials uploaded, downloaded, purchased or appearing on or through the Products (collectively the “Content”). Additional requirements and/or product agreements may apply to our individual Products and are available with the relevant Product. These Terms apply to all visitors, users and others who access and use the Products (“Users”).

BY ACCESSING OR USING THE PRODUCTS YOU AGREE TO BE BOUND BY THESE TERMS AND TO REVIEW OUR PRIVACY POLICY.

Continuing use of the Products represents and warrants that: (a) you are at or above the legal age of majority in your jurisdiction of residence; (b) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access the Products (collectively, “Device”); and (c) you will access and use the Products in accordance with these Terms.

Changes to the Terms

We may change or modify the Terms at any time. Such changes, revisions or modifications shall be effective immediately upon being posted. Any use of the Products by you after we post changes to the Terms constitutes your acceptance of those changes.

77media reserves the right, in its sole discretion, to restrict, suspend or terminate your access to and use of the Products, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. We also reserve the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Products, including any of the Content.

Your License to Use the Products

License

77media gives you a personal, royalty-free, non-assignable, and non-exclusive license to use the Products, subject to these Terms and any agreement entered into by your institution relating to the Products, solely for the intended use of the Products, and not for competitive intelligence, analysis, or demonstrations. You may not copy, modify, distribute, sell or lease any part of our Products, nor may you reverse engineer or attempt to extract the source code of any Product, unless laws prohibit those restrictions or you have our written permission.

Changes to the Products

We may, without prior notice, change any Product; stop providing any Product or features of any Product, to you or to Users generally; or create usage limits for any Product. We may permanently or temporarily terminate or suspend your access to any Product without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

Devices

To access the Products, you must provide all communications services, equipment and software necessary to connect to the Products (“Device(s)”). You are responsible for ensuring that your equipment and/or software does not disturb or interfere with any operation of the Products. If any upgrade in or to the Products requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense.

Prohibited Content & Activities

You may not access or use, or attempt to access or use, the Products to take any action that could harm us or any person or entity (a “Person”), interfere with the operation of the Products, or violate any laws. For example, and without limitation, you may not:

  • Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
  • Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
  • Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Products;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Products or any activity conducted on the Products or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;
  • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Products. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to 77media’s or its users’ computers, devices or systems; or
  • Engage in any other conduct that restricts or inhibits any person from using or enjoying the Products, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Products for any or no reason at any time without notice.

Content You Submit

Certain functions of the Products may enable you to post comments, send e-mails, or otherwise provide information to 77media or other persons. You remain fully responsible for the materials you provide to us or others, including without limitation information, audio recordings, photographs, video recordings, documents, or other materials submitted, posted, uploaded, sent or otherwise transmitted to us or others (“User Content”). You agree not to provide User Content that:

  • Infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person, or reveals trade secrets or other proprietary information you do not have the right to disclose;
  • Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually explicit;
  • Violates a person’s right to privacy or publicity;
  • Contains advertising, commercial activity or a solicitation of any kind;
  • Degrades others, including but not limited to, on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
  • Contains epithets or other language or material intended to intimidate or to incite violence; or
  • Violates any applicable local, state, national, or international law, or advocates illegal activity.

No Obligation to Monitor

You acknowledge and agree that we have the right, but not the obligation, to monitor all User Content. You further acknowledge and agree that while we reserve the right to remove User Content in our sole discretion for any reason, we have no duty to do so. We also reserve the right to turn over any User Content to law enforcement officials.

Intellectual Property

Other than your User Content, the Content and the Products are the intellectual property of 77media, and protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of the Content is strictly prohibited, unless specifically authorized by 77media.

We respect the intellectual property of others and ask that you do, too. We respond to notices of alleged infringement after receipt of a proper notice that complies with the law and is received by our designated agent. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. If you believe that any Content within the Products is published or displayed in a way that constitutes infringement, please provide us with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the rights owner;
  2. A description of the content you claim is being infringed;
  3. A description or link to the location of material claim is infringing;
  4. Your physical address, telephone number and e-mail address;
  5. A statement that you have a good faith belief that the content is not authorized by the rights owner, its agent or the law;
  6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner.


Contact information for notice of claims of infringement is as follows: 77media, LLC; 5420 N College Ave, Suite L1, Indianapolis, IN 46220; [email protected]. 77media may take any appropriate action in the event it receives a proper counter-notice under the law.

Third Party Links

The Products may contain links to other websites or online services that are operated by other persons and that are not under the direct control of 77media.  Such links do not constitute an endorsement by us of those other websites or online services, the content displayed therein, or the persons associated therewith. These Terms do not apply to such other websites and online services, and such websites and online services are not part of the Products. We encourage you to review the Privacy Policies and Terms of Use of these other websites or services.

Termination

77media may suspend or terminate your accounts or cease providing you with all or part of the Products at any time for any reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms, (b) you create risk or possible legal exposure for us; or (c) our provision of the Products is no longer commercially viable. In such a termination event, the license granted hereunder shall automatically terminate. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Products. Nothing in this section shall affect 77media’s rights to change, limit, or stop the provision of the Products without prior notice, as provided elsewhere in these Terms.

Service “As Is”

77MEDIA AND ITS PARTNERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE PRODUCTS. THE PRODUCTS ARE PROVIDED “AS IS.” IN ADDITION, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR ACCESSED FROM THE PRODUCTS IS ACCESSED AT YOUR OWN RISK.

Limitation of Liability

YOU EXPRESSLY ABSOLVE AND RELEASE 77MEDIA FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND 77MEDIA’S CONTROL. YOU FURTHER AGREE THAT IN NO EVENT SHALL 77MEDIA AND ITS PARTNERS BE LIABLE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, OR ANY LOSS OF USE, DATA BUSINESS, OR PROFITS. THIS WILL BE REGARDLESS OF WHETHER OR NOT 77MEDIA OR ANY OF ITS PARTNERS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. 

ADDITIONALLY, 77MEDIA AND ITS PARTNERS WILL NOT BE LIABLE TO YOU FOR MORE THAN ANY AMOUNTS RECEIVED BY 77MEDIA FROM YOU AS A RESULT OF YOUR PERSONAL USE OF THE PRODUCTS IN THE 12 MONTHS PRECEDING YOUR CLAIM. IF YOU HAVE NOT PAID INDIVIDUALLY ANY AMOUNTS IN THE 12 MONTHS PRECEDING YOUR CLAIM, 77MEDIA’S SOLE AND EXCLUSIVE LIABILITY SHALL BE NO MORE THAN $50. 

MOREOVER, 77MEDIA SHALL NOT BE LIABLE FOR THE LOSS OR FAILURE TO STORE YOUR CONTENT, AND YOU UNDERSTAND AND AGREE THAT BY USING THE PRODUCTS, YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION RELATED TO USE OF THE PRODUCTS OR BREACH OF THESE TERMS.

Indemnification

You agree to indemnify, hold harmless, and defend 77media, and its partners, and each of their respective officers, directors, contractors, agents, employees, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (a) your use of the Products (including, without limitation, the Content and your User Content), (b) your online conduct, (c) your violation or breach of these Terms, (d) your failure to comply with any applicable laws or regulations, (e) your negligence, willful misconduct or violations of the intellectual property or other rights of any person, or (f) any of your dealings or transactions with other persons resulting from use of the Products. You shall not settle any such claim without the prior written consent of 77media. These obligations will survive any termination of these Terms.

Governing Law

These Terms and your use of the Products will be interpreted, governed and construed by the laws of the state of Indiana except for its conflicts of laws principles, unless otherwise agreed in a separate written agreement with 77media or as required by a mandatory law of a competent jurisdiction.

Waiver & Severability

The failure by 77media to enforce a provision is not a waiver of its right to do so later. You may not assign any of your rights under these Terms, and any such attempt will be void. 77media may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Products. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between 77media and you regarding the Products, and these Terms supersede and replace any prior agreements between 77media and you regarding the Products. These Terms create no third-party beneficiary rights. These Terms shall inure to the benefit of 77media and its respective legal representatives, successors and assigns.

The Products are operated and provided by 77media:

77media, LLC.
5420 N College Avenue, Suite L1
Indianapolis, IN 46220
United States of America

If you have any questions about these Terms, please email: [email protected].