B. In order to access some features of the Wild Sky Media Sites, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Wild Sky Media immediately of any breach of security or unauthorized use of your account. Although Wild Sky Media will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Wild Sky Media or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Wild Sky Media Sites in a manner that sends more request messages to the Wild Sky Media servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Wild Sky Media grants the operators of public search engines permission to use spiders to copy materials from Wild Sky Media Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches the communication systems provided by the Wild Sky Media Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Wild Sky Media Sites with respect to their User Submissions (see Section 5 below).
are (a) owned by, (b) licensed to, or (c) used in accordance with fair use principles by Wild Sky Media, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Wild Sky Media Sites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Wild Sky Media reserves all rights not expressly granted in and to the Wild Sky Media Sites and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (see Section 5 below) of third parties obtained through the Wild Sky Media Sites for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Wild Sky Media Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Wild Sky Media Sites or the Content therein.
A. The Wild Sky Media Sites may now or in the future permit the submission of images, sounds, videos or other communications submitted by you and other Users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Wild Sky Media does not guarantee any confidentiality with respect to any User Submissions.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Wild Sky Media’s designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Legal Department
Wild Sky Media
New York, NY 10279
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Wild Sky Media Sites, you will be exposed to User Submissions from a variety of sources, and that Wild Sky Media is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wild Sky Media with respect thereto, and agree to indemnify and hold Wild Sky Media, its
F. Wild Sky Media permits you to link to your own User Submissions hosted on the Wild Sky Media Sites or User Submissions of other third parties available on the Wild Sky Media Sites, for personal, non- commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and Wild Sky Media does not guarantee that their availability will be uninterrupted or bug free. Wild Sky Media reserves the right to discontinue any aspect to the Wild Sky Media Sites at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
We may use your information to notify you of important changes to the Wild Sky Media Sites, services, and special offers. If you do not want to receive such notices, you may use the following options to opt out of receiving future communications:
A. Send an email message to firstname.lastname@example.org with the word “Remove” in the subject field; or
B. Send mail to the following postal address:
Customer Support Attn: Remove
Wild Sky Media
New York, NY 10279
Opting out may prevent you from receiving email messages regarding updates,
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IN NO EVENT SHALL Wild Sky Media, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Wild Sky Media SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Wild Sky Media SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE Wild Sky Media SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Wild Sky Media SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Wild Sky Media SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Wild Sky Media Sites are controlled and offered by Wild Sky Media from its facilities in the United States of America. Wild Sky Media makes no representations that the Wild Sky Media Sites are appropriate or available for use in other locations. Those who access or use the Wild Sky Media