Please read through these Terms carefully. By accessing the understandmedia.com web site at UnderstandMedia.com or www.UnderstandMedia.com ("the Site") or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with Understand Media and to have agreed to be bound by the terms set out below. The Site is owned and operated by Understand Media.
Understand Media and UnderstandMedia.com are trading names of:
PO Box 34514
Los Angeles, CA 90034
These terms were last updated on December 10, 2009.
1. Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Understand Media Content"), are copyright of Understand Media and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "Understand Media" name and logo or other trade names appearing on the Site) for any reason without written permission from Understand Media. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
2. Use of Understand Media Content
You may retrieve and display Understand Media Content on a computer screen or (if expressly authorised) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial or educational use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Understand Media:
- reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of Understand Media Content, or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of Understand Media Content (including use as part of any library, archive or similar service) without the prior written consent of Understand Media,
- remove the copyright or trade mark notice from any copies of Understand Media Content made under these Terms.
Any use of Understand Media Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to Understand Media, PO Box 34514, Los Angeles, CA 90034, USA, or submitted using the contact form, and may be subject to a fee.
3. Changes to the Site
Understand Media reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Understand Media Content available on the Site at any time and to restrict the use and accessibility of the Site.
5. Community Forums
The Site may include bulletin boards, discussion groups and other public areas that allow feedback to Understand Media and interaction between users and Understand Media representatives ("Forums"). While Understand Media does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by Understand Media on a Forum. You may not:
- post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
- post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
- post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
- post or otherwise publish any Messages that contain a virus or other harmful component;
- disguise the origin of any Messages;
- impersonate any person or entity (including Understand Media employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
- post or otherwise publish any Messages unrelated to the Forum or the Forum's topics;
- post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
- collect or store other users' personal data;
- restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless Understand Media from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.
The Forums contain Messages submitted by users over whom Understand Media has no control. Understand Media cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.
By submitting Messages to a Forum you are granting Understand Media perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Understand Media reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for Understand Media to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Understand Media immediately by means of the contact form.
6. No Warranty, Disclaimer of Liability and Indemnity
While every effort has been made to ensure the high quality and accuracy of the Site, Understand Media makes no warranty, express or implied concerning Understand Media Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". Understand Media expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Understand Media, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Understand Media has been advised of the possibility that such damages may arise. Understand Media does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.
In no event will any liability of Understand Media, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Understand Media exceed the amount, if any, paid by you to Understand Media in respect of the particular Site Service to which the claim relates.
Upon Understand Media's request, you agree to defend, indemnify and hold harmless Understand Media from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
7. Force Majeure
Understand Media, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Understand Media Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Changes to these Terms. Understand Media may, in its discretion, change these Terms (including those relating to your use of Site and/or Understand Media Content). When Terms are changed, Understand Media will notify you by publishing details of those changes by including them in these Terms. If you use the Site after Understand Media has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Understand Media Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Understand Media does not sell third party advertising or accept any third party financing. We rely exculsively on advertising services such as Google AdSense to help ensure freedom from any biases. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Understand Media is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Understand Media is not responsible for the availability of these web sites or their contents.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Understand Media.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to Understand Media must be given in writing by letter and sent to Understand Media's last known place of business in Los Angeles (for the attention of the General Counsel).
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Los Angeles, CA, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.
9. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, American law. The parties irrevocably agree that the courts of America shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the American courts.
For the exclusive benefit of Understand Media, Understand Media shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.