A4MD Terms Of Service

Artists For Media Diversity (A4MD) Terms of Service By using the a4md.org web site (“Service”), all services of Artists for Media Diversity, a Texas Nonprofit Corporation (“A4MD” or “we”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). A4MD reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.a4md.org/terms-of-service. 1. Customer Payment and Refunds 1.1. A valid credit card is required for paying customers. 1.2. All fees are exclusive of any taxes, levies, or duties imposed by any taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. 1.3. A4MD will replace defective merchandise. To make a return, please first request a Return Merchandise Id from requests@a4md.org and include this number on your return shipment. Returned merchandise without a Return Merchandise Id will not be accepted at A4MD. A4MD does not offer Returns or Exchanges. 2. Terms of Service 2.1. You must be 13 years or older to use this Service. 2.2. You must provide your legal full name, a valid email address, and any other information requested in order to complete a transaction. 2.3. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to, copyright laws. 2.4. Use of the Service is subject to our Privacy Policy. 3. Cancellation and Termination A4MD, in its sole discretion, has the right to suspend, terminate or refuse any and all current or future use of the Service, or any other A4MD service, for any reason at any time. 4. Modifications to the Service A4MD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or to remove any Content that is available by the Service, with or without notice. 5. Copyright and Content Ownership You understand that all Content is protected by intellectual property law, including copyright, and you agree not to copy, distribute, sell, license, modify, loan, sample or create derivative works based on any Content. 6. General Terms and Conditions 6.1. Your use of the Service is at your sole risk. The service is provided on an as-is and as-available basis. 6.2. Technical support is only provided to Customers, Donors and Account Holders and is only available via email (we try to respond within 24 hours). 6.3. You shall not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, A4MD, or any other A4MD service. 6.4. You shall not attempt to gain access to or modify any Account. You shall not upload, transmit or knowingly expose the Service or any of its users to any rootkits, spyware, worms or viruses or any code of a destructive or invasive nature. 6.5. You shall not upload, post, host, or transmit unsolicited email, SMSs, or spam messages. 6.6. You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by A4MD. 6.7. We may, but have no obligation to, remove Content and Accounts containing material that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any parties’ intellectual property or these Terms of Service. 6.8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any A4MD customer, employee, officer, or director will result in immediate Account termination and/or denial of Service. 6.9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 6.10. A4MD does not warrant that: (i) the Service will meet your specific requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or (v) any errors in the Service will be corrected. 6.11. You expressly understand and agree that A4MD and its representatives, employees and agents (the “Indemnified Parties”), shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if A4MD has been advised of the possibility of such damages), resulting from: (i) the use of the Service; (ii) alteration, modification or suspension of the Service; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Service; (vi) any other matter relating to the Service; (vii) your failure to maintain the security of your data; or (viii) loss of Content you’ve purchased. You agree to indemnify and hold the Indemnified Parties harmless from any damages, liabilities, costs, losses and/or expenses (including legal costs and attorneys’ fees) arising out of any of the foregoing or your use of the Service. 6.12. The failure of A4MD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and A4MD and governs your use of the Service, superseding any prior agreements between you and A4MD (including, but not limited to, any prior versions of the Terms of Service). 6.13. We shall have the right, at our election, to delegate any of our obligations hereunder, in whole or in part, to any nonprofit corporation, provided that no such assignment shall decrease your rights or increase your obligations hereunder. Nothing contained in this paragraph shall limit our right to subcontract out any services or to sublicense our rights hereunder. You shall not have the right to transfer or assign all or any portion of your interest under these Terms of Service. 6.14. While A4MD prohibits conduct that violates that Terms of Service, we do not warrant that we will be able to protect users from conduct of other users in violation of the Terms of Service. 6.15. These Terms of Service set forth your and our entire understanding relating to your use of the Service. No modification, amendment, waiver, termination or discharge of the Terms of Service shall be binding upon either of us unless confirmed by a document signed by you and by a duly authorized officer of A4MD. No waiver by you or us of any term of these Terms of Service or of any default hereunder shall affect your or our respective rights thereafter to enforce that term or to exercise any right or remedy in the event of any other default, whether or not similar. 6.16. If any part of these Terms of Service is held void, invalid, illegal or inoperative, no other provision of these Terms of Service shall be affected as a result, and, accordingly, the remaining provisions shall remain in full force and effect as though the void, invalid, illegal or inoperative provision had not been contained herein. 6.17. You and we shall each have the status of independent contractors under these Terms of Service and nothing contained herein shall constitute a partnership or joint venture, nor are you an agent or employee. No party is intended to be nor shall be a third party beneficiary of these Terms of Service. 6.18. The paragraph headings herein are solely for the purpose of convenience and shall be disregarded completely in the interpretation of these Terms of Service or any of the terms contained therein. 6.19. These Terms of Service and their validity, construction and effect shall be governed and construed under the laws of the State of Texas, without regard to conflicts of laws principles. The exclusive jurisdiction and proper venue for disputes arising hereunder shall be the appropriate state or federal court sitting the county of Travis in the State of Texas. In connection therewith, you and A4MD hereby agree to submit to the personal jurisdiction of those courts. 6.20. Questions about the Terms of Service should be sent to info at a4md dot org.