Terms and Conditions of Use
Last Updated: [1/1/2024]
Welcome to Mediatoppers! We are thrilled to have you onboard. These terms and conditions outline the rules and regulations for using Mediatoppers’ website and services (the “Platform”). You agree to comply with these terms by accessing or using our Platform. If you do not agree with any part of these terms, please refrain from using our services.
1. Acceptance of Terms
You agree to be bound by these terms and conditions by accessing or using any part of our Platform. If you disagree with these terms, you are prohibited from using the Platform. We reserve the right to amend or replace these terms at any time without prior notice. Your continued use of the Platform after such changes shall constitute your consent to these modifications.
You must be at least eighteen (18) years old to use our services. Individuals under the age of thirteen (13) are strictly prohibited from using our services.
3. Account Creation and Security
a. To access and use our services, you will need to create an account (“Account”). You are responsible for maintaining the security of your Account and must not share your login credentials with anyone else. If you suspect any unauthorized access to your Account, please notify us immediately.
b. When creating your Account, you will be required to provide accurate and complete information, including your name, email address, password, phone number, and company details where applicable. Any incorrect or misleading information may result in the termination of your Account.
4. Suspension of Account and Service
We reserve the right to suspend or terminate your Account or restrict your access to our services if we have reasonable grounds to believe you have violated these Terms or used our services for unauthorized purposes.
5. User-Generated Content
a. By using our services, you may submit Content, data, and other materials (collectively, “Content”). You retain ownership of your Content and are solely responsible for it. You agree that your Content:
i. Is your own and you have the necessary permissions to use it.
ii. Does not contain personally identifiable information about children under the age of thirteen (13).
iii. Does not disclose personal information of others without their consent.
iv. Is not generated from unlawful activities.
v. Is suitable for use in connection with the intended purposes of the Platform.
vi. Is not obscene, violent, or hateful.
vii. Provides accurate information about users of the Account.
b. You may request the removal or deletion of your Content at any time. Copies of your Content may remain on our servers until they are overwritten or deleted.
6. License to Use Your Content; Release
a. By using our services, you grant Mediatoppers a non-exclusive, fully-paid, perpetual, royalty-free, worldwide, transferable license to use, display, distribute, store, transmit, reproduce, modify, and otherwise use your Content. This license applies to all formats, platforms, devices, modes of transmission, and media known or developed in the future.
b. You may receive promotional messages and materials from Mediatoppers or its partners through various communication channels, including email or text messages. You can opt-out of receiving such materials at any time.
c. You can terminate the license you’ve granted to us by removing or deleting your Content.
7. Conduct and Activity on the Platform
a. You are not authorized to copy, frame, embed, or otherwise disseminate aggregated or specific Content provided by the Platform without our express written authorization.
b. You are strictly prohibited from any activities that may harm Mediatoppers, interfere with the operation of the Platform, or violate applicable laws.
8. No Warranty; Limitation of Liability; Indemnification
a. We do not provide any warranties, either express or implied, regarding our services.
b. We shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages resulting from your use of our services.
c. You agree to indemnify and hold us harmless from any damages, losses, judgments, penalties, expenses, and costs incurred as a result of your actions inconsistent with these terms.
9. Termination of Service; Termination of Agreement
a. You may terminate your Account or cease using our services at any time. Your sole remedy in case of dissatisfaction with our services is to stop using them.
b. Your Account may be terminated without prior notice if our Agreement with your sponsor is terminated or if your sponsor changes its use of our services.
10. General Legal Terms
a. This Agreement is governed by the laws of Tennessee without regard to its conflict of laws principles. Any disputes shall be exclusively decided by a court of competent jurisdiction located in Tennessee.
b. No waiver by Mediatoppers shall be implied. Any waiver must be in writing and signed by an authorized representative of Mediatoppers.
c. If any portion of this Agreement is unenforceable, the remaining provisions shall remain in full force and effect.
d. Any litigation or dispute arising out of this Agreement must be initiated within one (1) year after the date of the event giving rise to the claim.
e. Mediatoppers makes no representations that the Platform or services are appropriate for use in locations other than the United States.
f. Events beyond our control, such as natural disasters or acts of terrorism
, may temporarily prevent us from providing our services.
g. We may assign our rights and obligations under this Agreement to a third party.
h. Email, mail, or postings on the Platform may provide notices.
i. This Agreement constitutes the entire Agreement between you and Mediatoppers and may only be modified in writing.
11. Contact Information
If you have any questions or concerns about these terms and conditions, please get in touch with us at: