The terms and conditions governing the use of our products and services.
These Terms of Service ("Terms") govern your access to and use of the websites, products, and services (collectively, the "Services") provided by 815 Media ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
Please read these Terms carefully before using our Services. If you have any questions about these Terms, please contact us at legal@815.media.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.
To use our Services, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using our Services, you represent and warrant that you meet these eligibility requirements.
If you are using the Services on behalf of an organization, you represent and warrant that the organization is legally established and operates in compliance with applicable laws.
Some of our Services may require you to create an account. When you register for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
We reserve the right to suspend or terminate your account if we suspect unauthorized or fraudulent use.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.
You agree not to:
The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You retain ownership of any content that you submit, post, or display on or through the Services ("Your Content"). By submitting, posting, or displaying Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content in connection with providing and improving the Services.
You represent and warrant that:
Some of our Services may require payment of fees. All fees are stated in US dollars unless otherwise specified. You agree to pay all fees in accordance with the billing terms in effect at the time a fee is due and payable.
For subscription-based Services, you will be billed in advance on a recurring basis (monthly, annually, or as otherwise specified). Your subscription will automatically renew at the end of each billing period unless you cancel it prior to the renewal date.
Refunds are provided in accordance with our Refund Policy. Unless otherwise specified, fees are non-refundable except as required by law or as explicitly stated in these Terms.
We reserve the right to change our fees at any time. If we change the fees for a subscription-based Service, we will provide notice of the change at least 30 days before the change takes effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the modified fee amount.
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
You may terminate your account at any time by contacting us or using the account termination feature within the Services, if available. Termination of your account may result in the deletion of your content and account information.
All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless us, our directors, officers, employees, agents, partners, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in LaSalle County, Illinois, and the judgment of the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Services.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
If you have any questions about these Terms, please contact us at:
Email: legal@815.media
Phone: (815) 277-1127
Address: 815 Media, Downtown LaSalle, IL
