BY READING THESE TERMS AND UTILIZING OUR DOMAIN SITE AND DOMAIN NAME “http://madmediaonline.digimedia2.net/test and http://madmediaonline.digimedia2.net” ON YOUR BLOGS, WEBSITE, WEBPAGE, OR OTHER FORM OF ONLINE MEDIA YOU AGREE (REFFERRED TO AS “THE SITE USER”) TO BE BOUND BY MAD MEDIA ONLINE (“DIGIMEDIA”) REFERRED TO AS THE SAID COMPANY WEBSITE TERMS:
These website terms have been entered between Mad Media Online (referred to as the “SAID COMPANY”) and You (referred to as the “site users”). These website terms apply exclusively to your use of the said company website and its products, services, and intellectual property located on the site. You (referred to as the “Site Users”) agree to be bound by these website terms and conditions. These website terms and conditions cannot be altered in anyway with the agreement. You agree to be bound by the terms and condition set forth by the said company. If you are using the said company website and you are working with an entity, you agree to be bound by the said company website terms and conditions. You agree that you do have the authority to bind any entity you represent and you agree to the said company website terms. The entity you are affiliated with agrees to Indemnify Mad Media Online (“Digimedia”) from any liability as a result of using Mad Media Online (“Digimedia”) domain site. madmediaonline.digimedia2.net.
Mad Media Online (“Digimedia”) reserves the right to make amendments to these terms with or without notice to the users of this site. Site users agree to be bound by the said company website terms and conditions as a result of accessing our domain site. Any changes to the said company website terms and conditions will be effective immediately. You waive any right to receive any such of the modification of the said company website terms and conditions. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
- User Information: You agree that your user information gathered from the website visitors submitting this information via PayPal, contact forms, and means via Mad Media Online website is protected.
- We do not sell your information to a third party outside of our affiliate circle: Mad Media Online does not sell your information.
- Unregistered Trademark: The said company name is an unregistered trademark name that has the same protections that a registered trademark name contains. Our unregistered trademark name protects the said company in the areas that the said company does business in.
- Hyperlinking: You are not authorized to link our website to defamatory content, infringing content, content that violates both federal and state laws, and associate our domain as a result of linking our domain site to an external site that is in violation of the DMCA (Digital Millennium Copyright Act (DMCA). You are not authorized and you do not have the right to create a text hyperlink to the Site for commercial purposes or noncommercial purposes without first and foremost requesting permission from the said company. You are not allowed or permitted to provide such link that does not portray Mad Media Online (“Digimedia”) in a positive light. You are not authorized to use any of the said company products, services, or intellectual property in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Mad Media Online (“Digimedia”) logo or other proprietary graphic of Mad Media Online (“Digimedia”) to link to this Site without the express written permission of Mad Media Online (“Digimedia”). Furthermore, you may not use, frame or utilize framing techniques to enclose any Mad Media Online (“Digimedia”) trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Mad Media Online (“Digimedia”)'s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Mad Media Online (“Digimedia”) or any third party.
- Indemnify: You agree to defend, indemnify and hold harmless Mad Media Online (“Digimedia”), its parent companies, subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any use of the said company website/ You agree to indemnify Mad Media Online (“Digimedia”) from threatened suit, demand or claim made against Mad Media Online (“Digimedia”) and/or its independent contractors, service providers, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
- Domain name: You agree not to publish our domain name and/or place our domain name next to a blog or website that is in violation of the said company policies or publish our domain name on any website, including a suck site or any other website that is in violation of the said company policies and/or federal and state laws. You may not place our domain name next to a website address that publishes adult content, pornographic content, and defamatory content, violates US Privacy Laws, Copyright laws, Soliciting laws. You agree that unauthorized use of our domain site is strictly prohibited. Violators will be billed a fee of $75.00 per day or $30,000.00 whichever is greater for unauthorized use of our domain site or the said company’s site constitutes consent to be billed for punitive and compensatory damages. Upon proper notification of the violator of the said company website terms and policies via e-mail, phone, and mail the said company determines that the site users have willfully violated our company’s including intellectual property policies, willful violators agree to pay the said company up to $150,000.00 for these violations. You agree that once you are informed that you are violating our domain name policies to stop the violations or you will be assessed as willfully violating the said company’s policies.
- Internet Defamation Prohibited: You agree unauthorized and prohibited defamatory use of the said company domain name is defined as placing our domain name next to another domain that houses content that is in violation of federal and state laws including but not limited to defaming any branded content, associating copyrighted content with crude content on your site or another website, linking our domain site to your website or another website passing off the said company products, services, and domain as your own.
In addition to the type of direct defamation explained above, it should be noted that a link to another's page, placing our domain name image on your site that is defamatory or mockery, or image could be defamatory, and hence subject someone to legal liability. An example defamatory link would be: "Some http://www.blog.com /~stolen_blog.htm"> robber hurt my dog, stole my possessions, and threatened to destroy the worldwide web." The statement itself does not identify the party. The link itself (assuming it actually linked to someone) provides the context that turns the statement into defamation.
- Cost of Collection and Attorney’s fees: You agree to pay the said company collection agency fees, courts costs, courts fees, lawyer’s fees, all costs of collection, and miscellaneous expenses, if you violate any provisions of the said company site terms.
- Applicable Law and Venue: These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of Washington, DC Metropolitan Area (DC, MD, and Northern, VA) applicable to agreements made and to be entirely performed within the Washington, DC Metropolitan area without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts Washington, DC Metropolitan area (DC, MD, VA) and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms. Foreign judgments can be domesticated in the site user’s state.
- Severability: If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
- Questions & Contact Information: Questions or comments about the Site may be directed to Mad Media Online d/b/a Digimedia at the e-mail address firstname.lastname@example.org.
- Cancellation Policy: First, if you don't show interns, independent contractors, and clients or prospective clients are required to provide a documented doctors note, if the intern, independent contractor, or client says that they are ill. In addition, I understand some of you have some things going in your personal lives that may prevent you from coming to the regularly scheduled internship, meetings, or job; however you must cancel 96 hours in advance, if you don't digimedia incurs cancellations fees from servcorp, if digimedia cancel 24 to 48 hours before our regularly scheduled meeting, if interns, contractors, or clients don’t show for resources such as work spaces or day suites that are booked in advanced for weekly meetings. Therefore, interns, contractors, or clients may not cancel the day of the appointment or 24 to 48 hours prior to the appointment. You must cancel 96 hours before the appointment, so that digimedia can either cancel the business lounge when it has been booked for internships or when the day suite is booked for meetings with interns, independent contractors, or clients. If interns, independent contractors, or clients cancels the day of our appointments or within 24 to 48 hours prior to our in-person meeting a cancellation fee of $75.00 will be billed to the client, intern, or contractor per cancellation as digimedia gets charged from servcorp a cancellation fee, if digimedia does not cancel 72 hours in advance. Please understand, digimedia does not want to do that to anyone, but that is our cancellation policy. If you have a family or friend emergency, are sick and have the documentation, the $75.00 cancellation fee will be waived. However, if you do not have some valid reason, doctor's note, proof such as speeding ticket, note from a mechanic your car is down, or some photo of a non working engine, or something else to prove you're having an issue getting to the meeting, the cancellation fee is binding. Of course, if you are not paid a stipend at the conclusion of your internship, contract, or the client project that is being designed, coded, marketed, or sold aren't up to standards or aren't up to par, and the intern, contractor, or client is not paid for the client project then the cancellation fee will be void as long as the client, contractor, or intern gives the said "company" the proper two weeks notice before ending the internship and/or the internship ends on its own or contract ends on its own, or the client or contractor gives the proper notice. However, if the intern, freelance/independent contractor, client does not give the two weeks notice or 4 day notice which ever is greater to the said company, the cancellation fee of $75.00 per cancellation will be assessed per day the notice is not given to the said "company". The intern, freelance/independent contractor or client will be responsible for fees for not giving the said "company" the proper notice. In addition, if you do not give your proper notice a fee of $75.00 multiplied by the maximum amount of months your internship or contract was estimated to last will be billed to the intern, contractor, or client. This cancellation policy also applies to prospective clients and prospective freelance/independent contractors and subcontractors.
- Talent Release Terms: All talent displayed on this site are over the ages of 21. No one under the ages of 21 is allowed to view this site. Talent grants permission to [Mad Media Online and Digimedia] and its agents or employees to use photographs and/or video and audio taken of talent. These images may be used for both noncommercial and commercial use for web, print, television, and radio and other media and publication purposes. Furthermore, talent authorizes the use of their images, likeness, and voice for all program promotion, materials, and any other purposes in connection with the program deemed appropriate and necessary by [Digimedia, Digimedia clients, sponsors, contractors, workers, and agents].
- Fitness models (talent) hereby agree to release, defend, and hold harmless [Digimedia] and its agents or contractors, including any firm publishing and/or distributing the finished product in whole or in part, whether on paper, via electronic media, or on Web sites, from any claim, damages, or liability arising from or related to the use of the photographs/video, including but not limited to any misuse, distortion, blurring, alteration, optical illusion, or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction, or production of the finished product, its publication, or distribution. Fitness models agree that they are 21 years of age or older. Talent agrees by e-mailing their pics, they give Digimedia, Mad Media Online, e-Domain and its affiliates and contractors implied consent to use your images on our site. Fitness modeling projects consist of photo shoots.