This Agreement sets forth the terms and conditions that apply to your access and use of the Craft web site located at craft.co (the “Site”), operated by The Media Souq.
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Accepting the Terms
By using the information, tools, software, features and functionality of the Site, including content, updates and new releases (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered with Media Souq and created an Account for the use of the Service). The term “you” or “User” refers to a Visitor or a Member. The term “we” or “us” refers to Media Souq. You may not use the Site or Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Media Souq. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. This Agreement does not cover or permit the access of the Service except through the Site. Other forms of access (e.g., bulk access, access through an application programming interface) requires a separate agreement with Media Souq.
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Privacy and your Personal Information
For information about Media Souq’s data protection practices, please read Media Souq’s Privacy and Security Policy which is hereby incorporated into this Agreement. This policy explains how Media Souq treats your personal information when you access Media Souq and use the Service.
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Description of the Service
The Service may contain links to third-party websites or resources. Media Souq provides these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
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For Informational Purposes Only
Media Souq does not warrant or guarantee the accuracy or completeness of any information contained in the service, and shall have no liability whatsoever (including but not limited to) for any direct, indirect, special or consequential damages, loss of anticipated profits or other economic loss arising out of, in connection with or relating to the information contained herein, its use or reliance, or from the pursuit or provision of interested parties.
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Account Registration Information
If you want to use certain elements of the Service, you’ll have to create an account (“Account”). You can do this using your email address and user name, or by linking your valid account on LinkedIn or another social networking service (“SNS”) through which you have connected to the Services (each such account, a “SNS Account”), by allowing Media Souq to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to Media Souq and/or grant Media Souq access to your SNS Account (including, but not limited to, for use for the purposes described herein). It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. You may disable the connection between your Media Souq Account and your SNS Accounts by adjusting the settings on your profile page in your Media Souq Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS ASSOCIATED WITH YOUR SNS ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS, AND Media Souq DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH SNS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SNS ACCOUNT.
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Your Use of the Service
You may use the Service only if you are 16 years or older and are not barred from using the Services under applicable law. If you are under 18, you must obtain permission from a parent or legal guardian before using the Service. Children under the age of 16 are strictly prohibited from using the Service. By using the Service, you represent and warrant to Media Souq that you have all requisite power and authority to enter into and comply with this Agreement. Your right to access and use the Site and the Service is personal to you and is not transferable by you to any other person or entity. Your access and use of the Site and the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or Service or other actions that Media Souq, in its sole discretion, may elect to take.
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Rights You Grant to Us
You may, but are not required to, provide Media Souq with feedback, suggestions or ideas (“Feedback”), including through the “Report incorrect company information” link on company profile pages. You agree that Media Souq may, in its sole discretion, reject or ignore your Feedback, or use your Feedback in any way Media Souq sees fit, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Media Souq a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the Feedback you provide to Media Souq in any way.
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Media Souq’s Intellectual Property Rights
The contents of Media Souq, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States, United Kingdom and other applicable copyright, trademark and other laws. The contents of Media Souq belong or are licensed to Media Souq or its software or content suppliers. Media Souq grants you the right to view and use Media Souq subject to these terms. You may download or print a copy of information provided on Media Souq for your personal use only. Any distribution, reprint or electronic reproduction of any content from Media Souq in whole or in part for any other purpose is expressly prohibited without our prior written consent.
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Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion or elements of the Service, without Media Souq’s express written consent, which may be withheld in Media Souq’s sole discretion, and which may be given by Media Souq by means of the the instructions set out in any robots.txt file present on the Site;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other generally available third-party web browsers (such as Google Chrome, Mozilla Firefox, Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
- Disclaimer of Representations and Warranties
THE SERVICE AND ALL CONTENT ASSOCIATED WITH Media Souq OR PROVIDED IN OR THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. Media Souq MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE, AND DISCLAIMS ALL SUCH WARRANTIES TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
- Limitations on Media Souq’s Liability
Media Souq SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO Media Souq, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF Media Souq HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Media Souq’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Media Souq FOR USE OF THE SERVICE OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Media Souq, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Media Souq AND YOU.
- Your Indemnification of Media Souq
You shall defend, indemnify and hold harmless Media Souq and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney fees, in whole or in part arising out of or attributable to any breach of this Agreement by you, or your access to or use of the Service in violation of any applicable law, regulation or any third party agreement or policies.
- Ending your relationship with Media Souq
This Agreement will continue to apply until terminated by either you or Media Souq as set out below. If you want to terminate your legal agreement with Media Souq, you may do so by emailing your request to cancel@Media Souq.co, or through any Account termination functionality we may provide within the Service. Your account will be closed and your ability to log in deactivated immediately. Your Media Souq account data will be removed subject to and as explained in our Privacy Policy. Media Souq may at any time, terminate this Agreement for any reason or no reason. Media Souq is not required to provide you notice prior to terminating your access to or use of the Service or any element thereof.
- Modifications
Media Souq may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site, a notification of the change will be posted in the Account login screen, and if we have your email address, we will attempt to reach you at that email address to inform you that the Agreement has been changed. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
- Governing Law and Forum for Disputes
This Agreement, and your relationship with Media Souq under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Except to the extent a dispute under the Privacy Policy is subject to binding arbitration, any dispute with Media Souq, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the state or federal courts of the City and County of San Francisco, California and you expressly agree to personal jurisdiction in those courts, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Media Souq may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Media Souq is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with Media Souq, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
- Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if Media Souq does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Media Souq has the benefit of under any applicable law), this will not be taken to be a formal waiver of Media Souq’s rights and that those rights or remedies will still be available to Media Souq. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. Media Souq shall have no liability for any failure or delay in the performance of its obligations caused by events beyond its reasonable control. This Agreement represents the entire understanding and agreement between you and Media Souq regarding the subject matter of the same, and supersedes all other previous agreements.
- DMCA/Copyright Policy
In accordance with the Digital Millennium Copyright Act of 1998, Media Souq will respond to claims of copyright infringement committed using the Services that are reported to Media Souq’s designated copyright agent, identified below. At Media Souq’s discretion and in appropriate circumstances (which circumstances may include, by way of example, users who repeatedly infringe others’ copyrights), Media Souq may terminate the accounts of users who infringe upon the copyright, or other intellectual property rights, of others. If you believe that one of our users is a repeat infringer of your work, please let us know that in addition to the information required below. If you are a copyright owner, or authorized to act on behalf of one, please report alleged copyright infringement by contacting our copyright agent and including the following:
- Identify the copyrighted work that you claim has been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that you are requesting be removed or to which access is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum (if applicable) the URL of the link shown on or through the Services where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”