ANY-MEDIA Design & Development's Terms & Conditions             HOME


This Terms and Conditions page establishes limitations of use and liability governing the use of our services and website at any-media.com


NOTE: The language may seem confusing as this is based on a client model and herein Any-Media is both the Client and the Developer. The same applies, but the laguage will be cleared up soon.
DML - Dated: June 23, 2018


1. Overview


Definitions

Here in - "we" and "us" refers to ANY-MEDIA Design & Development®

Here in - "you" are the "End User".

Here in - our website any-media.com, software, products and/or services provided to you on, from, or through our website is defined collectively as "ANY-MEDIA Design & Development(.com)".

Here in - "Any-Media" or "the developer" refers to Any-Media Design & Development


Scope

This document is for the purposes of limitation of use by the End User, idmenification, and limitation of liability on our behalf during the use of our website any-media.com

No part of this document, these Terms of Service, shall be construed as license to any of our content or source code, nor deemed to confer any third-party rights or benefits.

Any End User interactive products (e.g. streaming) or downloadable content may be subject to the obligations of a separate licensing agreement.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Any-Media Design & Development without restriction.

Any-Media Design & Development owns all rights to the source code (design and functionality) and holds any 3rd party licenses of the site.

ANY-MEDIA Design & Development(.com) owns all rights to the content (text and images outside of those supplied as part of the design)


2. Agreement Acceptance & Amendment


Your Consent

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as ANY-MEDIA Design & Development(.com) is not intended for children under 13. If you are under 13 years of age, then please do not use ANY-MEDIA Design & Development(.com).

You are deemed to accept this Agreement and agree to be bound by these Terms & Conditions by using any part of our website ANY-MEDIA Design & Development(.com), software, products and/or services provided to you on, from, or through our website ANY-MEDIA Design & Development(.com) (collectively "ANY-MEDIA Design & Development(.com)").

If you do not agree to any of these terms, or the ANY-MEDIA Design & Development Privacy Policy, please do not use ANY-MEDIA Design & Development(.com).


Changes to our Terms & Conditions

We may modify this Agreement, or any terms, conditions or policies forming a part thereof, at any time, at our sole discretion and you agree to be bound by such modifications or revisions.

Any changes to the Terms & Conditions will be updated on this page with the Terms & Conditions modification date below.

This document was last modified on 01/23/2017


3. Service


ANY-MEDIA Design & Development(.com)

These Terms of Service apply to all users of ANY-MEDIA Design & Development(.com), including users who are also contributors of Content on ANY-MEDIA Design & Development(.com). “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to ANY-MEDIA Design & Development(.com). ANY-MEDIA Design & Development(.com) includes all aspects of ANY-MEDIA Design & Development, including but not limited to all products, software and services offered via the ANY-MEDIA Design & Development website.


3rd Parties

ANY-MEDIA Design & Development(.com) may contain links to, embedded content from, and/or offer resources through third party websites that are not owned or controlled by ANY-MEDIA Design & Development. ANY-MEDIA Design & Development has no control over, and assumes no responsibility for, the content, privacy policies, or terms and conditions of any third party websites. In addition, ANY-MEDIA Design & Development will not and cannot censor or edit the content of any third-party site. By using ANY-MEDIA Design & Development(.com), you expressly relieve ANY-MEDIA Design & Development from any and all liability arising from your use of any third-party website.

i.e. ANY-MEDIA Design & Development(.com) contains an embedded feed from one of our FaceBook pages and someone comments with an inappropriate, offensive or malicious link on our post - you view, click and/or read at your own risk - we are not responsible for the inappropriate, offensive or malicious comment / link.


4. Terms of Use


Accounts

We do not currently offer customer / client log in and therefore do not collect personally identifiable information and the associated risk. In order to access some features of ANY-MEDIA Design & Development(.com), you will have to create a ANY-MEDIA Design & Development Account. You must provide accurate and complete information. You are solely responsible for your account activity and security (i.e. password). You are granted no rights or permissions under false pretenses, by way of using inaccurate account information and/or another user's account, and assume only liability under these Terms set forth herein. You must notify ANY-MEDIA Design & Development immediately of any breach of security or unauthorized use of your account at the email given under the section "Contacting Us".

ANY-MEDIA Design & Development will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for our losses or that of others due to such unauthorized use.


Restrictions and Permissions

ANY-MEDIA Design & Development reserves the right to discontinue any aspect of ANY-MEDIA Design & Development(.com) at any time.

The Content on ANY-MEDIA Design & Development(.com), and the trademarks, service marks and logos ("Marks") associated with ANY-MEDIA Design & Development, are owned by or licensed to ANY-MEDIA Design & Development, subject to trademark, copyright and other intellectual property rights under the law.

The Source Code of ANY-MEDIA Design & Development(.com), and the trademarks, service marks and logos ("Marks") associated with Any-Media, are owned by Any-Media Design & Development, subject to trademark, copyright and other intellectual property rights under the law.

Any unauthorized duplication or distribution of any images from this site for commercial use, either electronic or print, is prohibited by US federal and international laws.

Content is provided to you AS IS.

You may access Content for your information and personal use solely as intended through the provided functionality of ANY-MEDIA Design & Development(.com) and as permitted under these Terms of Service.

You shall not download any Content unless you see a “download” or similar link displayed by ANY-MEDIA Design & Development on ANY-MEDIA Design & Development(.com) for that Content.

You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of ANY-MEDIA Design & Development or the respective licensors of the Content.

Any-Media reserves all rights not expressly granted in and to ANY-MEDIA Design & Development(.com) and the Content.

ANY-MEDIA Design & Development hereby grants you permission to access and use ANY-MEDIA Design & Development(.com) as set forth in these Terms of Service, provided that:

You agree not to alter, modify or misrepresent any part of ANY-MEDIA Design & Development(.com).

You agree not to distribute in any medium any part of ANY-MEDIA Design & Development(.com) or the Content without ANY-MEDIA Design & Development's and/or Any-Media's prior written authorization, unless Any-Media makes available the means for such distribution through functionality offered by ANY-MEDIA Design & Development(.com) with the exception of "Sharing" ANY-MEDIA Design & Development(.com) content via social network websites and/or blogs with non-commercial content.

You agree not to access Content through any technology or means other than the pages of ANY-MEDIA Design & Development(.com) itself via an html rendering browser (i.e. Google, Firefox, Opera, Edge, Explorer, etc. and NOT FTP).

You agree NOT to use ANY Content delivered via ANY-MEDIA Design & Development(.com) for commercial redistribution, including resale, advertisement, "sharing" or promotions on any page of an ad-enabled blog or website unless you obtain ANY-MEDIA Design & Development's prior written approval.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses ANY-MEDIA Design & Development(.com) in a manner that sends more request messages to the ANY-MEDIA Design & Development servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ANY-MEDIA Design & Development grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ANY-MEDIA Design & Development reserves the right to revoke these exceptions.

You agree not to collect any personally identifiable information, including account names, metadata and contact information from ANY-MEDIA Design & Development(.com).

You agree not to use the communication systems provided by ANY-MEDIA Design & Development(.com) (e.g., forums, phone numbers, email) for any commercial solicitation purposes.

You agree not to solicit, for commercial purposes, any users of ANY-MEDIA Design & Development(.com).

In your use of ANY-MEDIA Design & Development(.com), you will comply with all applicable laws.

You agree not to circumvent, disable or otherwise interfere with security-related features of ANY-MEDIA Design & Development(.com) or features that prevent or restrict use or copying of any Content or enforce limitations on use of ANY-MEDIA Design & Development(.com) or the Content therein.

You understand that ANY of ANY-MEDIA Design & Development's published content may contain any material legal to those over the age of eighteen, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ANY-MEDIA Design & Development with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ANY-MEDIA Design & Development, Any-Media, their owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of ANY-MEDIA Design & Development(.com).

You must be 13 to use ANY-MEDIA Design & Development(.com) and 18 to purchase products and services.

The accpetance of your Content, such as calls, social media comments, emails and uploads, shall be entirely subject to the discretion of ANY-MEDIA Design & Development and the terms outlined for the given mode of transmission and subject matter. i.e. unsolicited emails are accpeted in plain text with NO attachments or links and imply NO obligation on behalf of ANY-MEDIA Design & Development to respond.


5. Term and Termination

We reserve the right to terminate a user's ANY-MEDIA Design & Development(.com) access and/or account at any time for any reason.

The End User may terminate a their ANY-MEDIA Design & Development(.com) access and/or account at any time for any reason.


6. Digital Millennium Copyright Act

We are very stingent about the originality of our Content and respect the rights of Intellectual Property. Nonetheless, we have outside contributors. So, in compliance with the Digital Millennium Copyright Act,

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing [as given in 17 U.S.C 512(c)(3)]:

(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.

(i) Subject to clause (ii), a notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions of subparagraph (A) shall not be considered under paragraph (1)(A) in determining whether a service provider has actual knowledge or is aware of facts or circumstances from which infringing activity is apparent.

(ii) In a case in which the notification that is provided to the service provider’s designated agent fails to comply substantially with all the provisions of subparagraph (A) but substantially complies with clauses (ii), (iii), and (iv) of subparagraph (A), clause (i) of this subparagraph applies only if the service provider promptly attempts to contact the person making the notification or takes other reasonable steps to assist in the receipt of notification that substantially complies with all the provisions of subparagraph (A).

An email notification outlining the incidence must be sent to devin@any-media.com. (in plain text without attachments or links) before a physical mail address is given for a formal written notification. Baring an injuction, any action upon said notification is at the sole discretion of ANY-MEDIA Design & Development.


7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF ANY-MEDIA Design & Development(.com) SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY-MEDIA Design & Development, ITS SUBSIDIARIES, AFFILIATES, ITS EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ANY-MEDIA Design & Development(.com)S AND YOUR USE THEREOF.

ANY-MEDIA Design & Development MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES 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 OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY-MEDIA Design & Development(.com)SOURCE CODE, DATABASES AND/OR ANY AND ALL PERSONAL AND FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY-MEDIA Design & Development(.com), (IV) ANY VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS SOFTWARE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ANY-MEDIA Design & Development(.com).

ANY-MEDIA Design & Development DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ANY-MEDIA Design & Development(.com) OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ANY-MEDIA Design & Development 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.

YOU AGREE THAT YOUR USE OF ANY-MEDIA Design & Development(.com) SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY-MEDIA, ITS SUBSIDIARIES, AFFILIATES, ITS EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ANY-MEDIA Design & Development(.com)S AND YOUR USE THEREOF.

ANY-MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES 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 OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY-MEDIA Design & Development(.com)SOURCE CODE, DATABASES AND/OR ANY AND ALL PERSONAL AND FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY-MEDIA Design & Development(.com), (IV) ANY VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS SOFTWARE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ANY-MEDIA Design & Development(.com).

ANY-MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ANY-MEDIA Design & Development(.com) OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ANY-MEDIA 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.


8. Limitation of Liability

IN NO EVENT SHALL EITHER ANY-MEDIA Design & Development OR ANY-MEDIA DESIGN AND DEVELOPMENT, THEIR SUBSIDIARIES, AFFILIATES, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY-MEDIA Design & Development(.com)SOURCE CODE, DATABASES AND/OR ANY AND ALL PERSONAL AND FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY-MEDIA Design & Development(.com), (IV) ANY VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS SOFTWARE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ANY-MEDIA Design & Development(.com), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER ANY-MEDIA Design & Development NOR ANY-MEDIA DESIGN AND DEVELOPMENT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

ANY-MEDIA Design & Development(.com) is controlled and offered by ANY-MEDIA Design & Development via Any-Media from its facilities in the United States of America. Neither ANY-MEDIA Design & Development nor Any-Media make any representations that ANY-MEDIA Design & Development(.com) is appropriate or available for use in other locations. Those who access or use ANY-MEDIA Design & Development(.com) from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Any-Media Design & Development does not represent or endorse, and is not liable for the client's (ANY-MEDIA Design & Development) content. ANY-MEDIA Design & Development is solely liable and representative for the content of any-media.com and releases the developer of all liablity in regards to said content.

9. Indemnity

You agree to indemnify and hold harmless ANY-MEDIA Design & Development and Any-Media Design & Development, their subsidiaries, affiliates and licensees and their respective directors, officers, employees, agents, shareholders, partners and members (“Indemnified Parties”) against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including attorneys' fees and expenses; collectively a “Claim”) brought about by any person that arise from or are based on your breach of this Agreement. Each Indemnified Party will be entitled, at its expense, to participate in the defense and settlement of the Claim with counsel of its own choosing. You may not enter into any settlement or other disposition of any Claim without the prior written approval of the applicable Indemnified Parties.


10. General

Governing Law and Forum

This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Kentucky, without regard to conflicts of law principles. The courts of the city of Paducah, shall have exclusive jurisdiction over any claims, motions, or disputes arising from or relating to this Agreement, including validity, enforceability, or existence thereof.


Contacting Us

If there are any questions regarding these Terms & Conditions you may contact Any-Media Design & Development - the Designer and Developer of the site and the originator of this document - using the email address below.


DEVIN@ANY-MEDIA.COM


Privacy Policy

Please also visit our Privacy Policy page that outlines the information we collect and how we use it... HERE at ANY-MEDIA Design & Development Online Privacy Policy.


Dated: June 23, 2018

ANY-MEDIA DESIGN & DEVELOPMENT

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