StandBuyMedia

End User License Agreement

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Welcome to StandBuyMedia! If you register to use this web site, you must read and agree to these StandBuyMedia Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):



Although we may attempt to notify you via your email address when major changes are made, you should visit this page periodically to review the terms. Media Commerce Systems (MCS) may, in its sole discretion, modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the MCS Service (Service). Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

  1. Description of Service. The MCS Service is a software platform which facilitates the sale of advertisements between buyers and sellers of media. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. MCS disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. MCS also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

  2. Company Use. The Service is made available to you for your company's use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur hereunder. MCS reserves the right to refuse service to anyone at any time without notice for any reason.

  3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by MCS; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. MCS reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

  4. Content of the Service. MCS takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does MCS have any obligation to monitor such third party content. MCS reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. MCS also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of MCS, its users and the public. MCS will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

  5. Intellectual Property Rights. MCS Intellectual Property Rights. You acknowledge that MCS owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the " MCS Rights"), and such MCS Rights are protected by U.S. and International intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The MCS Rights include rights to (i) the Service developed and provided by MCS; and (ii) all software associated with the Service. The MCS Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service. Your Intellectual Property Rights. MCS does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your MCS account. We will not use any of your content for any purpose except to provide you with the Service.

  6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to MCS to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

  7. Privacy. As a condition to using the Service, you agree to the terms of the MCS Privacy Policy as it may be updated from time to time. MCS understands that privacy is important to you. You do, however, agree that MCS may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in this Agreement and the MCS Privacy Policy. Personal information collected by MCS may be stored and processed in the United States or any other country in which MCS or its agents maintain facilities. By using the MCS Service, you consent to any such transfer of information outside of your country.

  8. Account Inactivity. After a period of inactivity, MCS reserves the right to disable or terminate a user's account. For more information on how MCS deals with account inactivity, please contact MCS at info@mediacommerc.com.

  9. Publicity. Any use of MCS's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Agreement.

  10. Termination; Cancellation. You may cancel your use of the Service and/or terminate this Agreement with or without cause at any time by providing notice to MCS. A terminated account may continue to exist for up to two business days before such cancellation takes effect. MCS may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless MCS has previously canceled or terminated your use of the Service (in which case subsequent notice by MCS shall not be required), MCS will notify you via email of any such termination or cancellation, which shall be effective immediately upon MCS's delivery of such notice. Sections 3, 4, 5, 7, and 10 - 12 of the Agreement shall survive expiration or termination.

  11. Indemnification. You agree to hold harmless and indemnify MCS, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MCS will provide you with written notice of such claim, suit or action.

  12. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws, provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Fulton County, Georgia, and you consent to the jurisdiction of such courts.

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