Please read carefully and abide by the terms
ACCEPTANCE OF TERMS
Welcome to the MediaBlitzz (“MediaBlitzz”), MediaBlitzz Video Marketing & Promotion and MediaBlitzz Press Release Distribution (the “Services”). Your use of the Services is subject to these Terms of Service (“TOS”). MediaBlitzz reserves the right to update and change the TOS from time to time without notice or acceptance by you. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this TOS.
DESCRIPTION OF SERVICES
i. The MediaBlitzz Analytics™ service provides data regarding how many views, comments and ratings your videos have received. MediaBlitzz Analytics™ provides charts and aggregate data, plus tools to analyze and export video viewing history.
ii. The Universal Upload Service allows you to upload your video to MediaBlitzz which will then post that video to selected publisher sites of your choice. A current list of available publishers is available at the MediaBlitzz website. All video publishing is subject to the applicable terms and conditions of the chosen video publisher(s), and you agree to be bound by such terms and conditions. Those terms are available on the respective publisher(s) websites.
iii. MediaBlitzz may provide you with additional custom services (“Premium Services”) upon your request and separate agreement with MediaBlitzz. Premium Services will be subject to the terms and conditions of that separate agreement and to these TOS.
iv. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the TOS. In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Services may include advertisements and that these advertisements are necessary for MediaBlitzz to provide the Services. You also understand and agree that the Services may include certain communications from MediaBlitzz, such as service announcements, administrative messages and the MediaBlitzz newsletter, and that these communications are considered part of the MediaBlitzz membership. You agree not to access the Services by any means other than through the interfaces that are provided by MediaBlitzz for use in accessing the Services.
REGISTRATION In order to use the Services, you must have a valid MediaBlitzz ID. You are responsible for maintaining the confidentiality of your MediaBlitzz ID and password, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MediaBlitzz of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You understand and agree that MediaBlitzz cannot and will not be liable or any loss or damage arising from your failure to comply with this Section 3.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
i. You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which the content originated. This means that you, and not MediaBlitzz, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available via the Services. MediaBlitzz does not control the Content posted via the Services, and, as such, does not guarantee the accuracy, integrity or quality of such Content.
ii. You understand and agree that under no circumstances will MediaBlitzz be liable in any way for Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Services. You acknowledge that MediaBlitzz does not pre-screen Content, but that MediaBlitzz shall have the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
iii. You understand and agree that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Should Content be found or reported to be in violation of, but not limited to, the following terms, it will be in MediaBlitzz’s sole discretion as to what action should be taken.
iv. You understand and agree that by using the Services you authorize MediaBlitzz to use information you provide to authenticate your account (including, without limitation, your email address and log-in information) for the purposes of managing your video content (including, without limitation, uploading, distributing, editing and removing video content) on your behalf and verifying your ownership of the account.
v. You agree that you will not:
a. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including, but not limited to, any address, e-mail, phone number, or any other contact information without the consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or any other proprietary rights of any party;
e. upload, post or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your Content by posting multiple submissions in public forums that are identical. Also defined as “spam” are any videos involving affiliate marketing, network marketing, cash gifting, multi-level marketing, phishing, or any videos that a reasonable person would consider to be a scam. Further, “spam” can include any content that MediaBlitzz deems not entertaining or informative;
f. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
h. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the America Stock Exchange, or the NASDAQ, and any regulations having the force of law;
i. “stalk” or otherwise harass another;
j. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
k. offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorization, or (c) MediaBlitzz determines, in its sole discretion, is inappropriate for sale through the Service provided by MediaBlitzz;
l. upload, post or otherwise transmit commercially oriented content
INTERNATIONAL USE You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
i. MediaBlitzz hereby disclaims ownership of the Content you transmit to MediaBlitzz via the Services. By submitting Content to MediaBlitzz in order to utilize the Services, you grant MediaBlitzz a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of transmitting the Content to the publisher(s) on your behalf and tracking said Content as described above. This license exists only for as long as you continue to maintain an account with MediaBlitzz and shall be terminated at the time your account is closed.
ii. You acknowledge that MediaBlitzz does not pre-screen Content, but that MediaBlitzz shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, MediaBlitzz reserves the right to refuse any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
INDEMNITY You agree to indemnify, defend, and hold harmless MediaBlitzz and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, investors, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Services, your violation of these TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Services.
RESALE OF SERVICES You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express permission of MediaBlitzz.
GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge and agree that MediaBlitzz may establish general practices and limits concerning use of the Services and may modify such practices and limits from time to time.
MODIFICATIONS TO SERVICES MediaBlitzz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any portion thereof) with or without notice at any time. You acknowledge and agree that MediaBlitzz shall not be liable to you or to any third part for any modification, suspension, or discontinuance of the Services.
i. You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) and any analytical data derived therfrom (“Data”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that MediaBlitzz retains all right, title and interest in and to the Services and Data and you shall not acquire any right, title or interest in or to any Intellectual Property Rights.
ii. Except as expressly authorized in writing by MediaBlitzz or otherwise permitted herein, you agree not to modify, retrieve, save, rent, copy, lease, loan, sell, distribute or create derivative works based on the Services, Data, or the Software, in whole or in part.
iii. All goodwill arising out of your use of any of the MediaBlitzz Trademarks shall inure solely to the benefit of MediaBlitzz.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
i. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MediaBlitzz EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ii. MediaBlitzz WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SERVICES, HOWEVER, MediaBlitzz IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION OR CONTENT, RESTRICTION OR LOSS OF ACCESS OR CHANGES TO YOUR MediaBlitzz ACCOUNT, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICES, OR OTHER INTERACTION WITH THE SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. MediaBlitzz DOES NOT WARRANT THAT (i) THE SERVICES 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 SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
iii. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
iv. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MediaBlitzz 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 TANGIBLE LOSSES (EVEN IF MediaBlitzz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PRODUCREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS XII AND XIV MAY NOT APPLY TO YOU.
GENERAL You acknowledge and agree that notices to you from MediaBlitzz may be made via email, regular mail or through publication on the MediaBlitzz website or notification in your account interface. The Services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services. The TOS and the relationship between you and MediaBlitzz shall be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of MediaBlitzz to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS, and any addenda, constitutes the entire agreement between you and MediaBlitzz and governs your use of the Services, superseding any prior agreements between you and MediaBlitzz (including, but not limited to, any prior versions of the TOS). You may also be subject to additional terms and conditions from the various publishers utilized in the performance of the Services. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
PARTNER SITES By agreeing to the MediaBlitzz Terms of Service, you are agreeing to the respective TOS of all of the partner sites to which you deploy videos and submit press and media releases.
Press Release Distribution & Media Notifications
MEDIABLITZZ.COM provides affordable press release distribution, and accepts press releases in multimedia at no extra cost. Please note that, for editorial reasons, we cannot guarantee that editors and publishers will select your release for a story. It is at their discretion to pick a release that will make news. However, we do guarantee that we will deliver your press release to news media and make it live on Emailwire.com and MEDIABLITZZ.COM Network. We also cannot guarantee that search engines or online news sites will publish or index your press release, because we have no control over their editorial decisions.
MEDIABLITZZ.COM will not refund a balance or total amount paid for a press release service or for annual or monthly press release subscription. All monthly subscription accounts are recurring and are automatic billing. For monthly subscription accounts MEDIABLITZZ.COM will automatically bill your subscriber’s credit card at the end of each subscription; unless a subscriber notifies MEDIABLITZZ.COM in writing via email, fax or phone at least 24 hours before the end of the subscription date. MEDIABLITZZ.COM reserves the right not to approve and distribute press releases posted on Emailwire.com or on MEDIABLITZZ.COM network.
MEDIABLITZZ.COM facilities are governed by Federal and State regulations. You are responsible for the content and accuracy of all news copy and information submitted to EmailWire.Com and MEDIABLITZZ.COM Network. Because of the volume of copy and information submitted to MEDIABLITZZ.COM, MEDIABLITZZ.COM cannot be responsible for verifying any facts contained therein.
You represent and warrant to MEDIABLITZZ.COM that (i) You have the right to deliver to MEDIABLITZZ.COM all copy and information You submit, (ii) You will comply with all applicable laws, rules and regulations, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to “spam”, and (iii) no copy or information submitted by You will contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person. You shall indemnify and hold harmless MEDIABLITZZ.COM, its affiliated companies, third party vendors, including distributors from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees) arising out of or relating to any breach by You of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the information and/or copy provided by You.
MEDIABLITZZ.COM reserves the right to reject or edit copy or other information when necessary in its judgment. All news copy, photographs, video and audio files processed shall be the property of MEDIABLITZZ.COM. MEDIABLITZZ.COM endeavor to disseminate promptly and accurately all news and other information that they process. Any inadvertent errors by MEDIABLITZZ.COM will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of MEDIABLITZZ.COM in this regard. MEDIABLITZZ.COM are not warranting or insuring that MEDIABLITZZ.COM’s services will be free from errors, omissions, interruptions, delay, losses or defects, whether human or mechanical.
MEDIABLITZZ.COM make no warranties, expressed or implied, as to the services, including but not limited to any warranties or merchantability or suitability for print or broadcast. In no event will MEDIABLITZZ.COM or its affiliates be LIABLE to You, including for any indirect, consequential, special, exemplary or incidental damages. By Your submission of copy and/or other information to MEDIABLITZZ.COM, You agree to be bound by the foregoing Conditions of Service.
You are responsible for taking all reasonable precautions to ensure that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).
As used in this Agreement, “We” means MEDIABLITZZ.COM, “You” means the applicant, “Site” means a World Wide Website, “Links” means the links, headlines, and source names delivered by MEDIABLITZZ.COM as a part of the Services, and “Publishers” refers to the creators of the articles to which we point.
Disclaimer of Warranties We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability of information or material displayed on our web site. MEDIABLITZZ.COM disclaims any responsibility for the deletion, failure to store, or delivery of any material. MEDIABLITZZ.COM disclaims any responsibility for any harm resulting from accessing any material on the Internet through the service.
You acknowledge that the Services contain links, descriptions and other material (collectively, the “Links”) that are protected by copyright, trademark or other proprietary rights of MEDIABLITZZ.COM and third-party content providers. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Services, even if we have been advised of the possibility of such damages. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the use of the Services on your Site other than in accordance with the terms and conditions of this Agreement. THE MEDIABLITZZ.COM SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE MEDIABLITZZ.COM SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. MEDIABLITZZ.COM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MEDIABLITZZ.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MEDIABLITZZ.COM SERVICES. MEDIABLITZZ.COM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE MEDIABLITZZ.COM SERVICES. MEDIABLITZZ.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MEDIABLITZZ.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MEDIABLITZZ.COM SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE MEDIABLITZZ.COM SERVICES.
Terms of Service Changes We may modify our services from time to time, for any reason, and without prior notice. We reserve the right to terminate this service with or without prior notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time in order to learn about changes of this agreement.
We will refund any and all purchases up to 30 days as outlined in our 100% money-back guarantee provided that the user has not violated any of our stated terms of service. This includes users submitting fabricated or grossly non factual events.
So please take note, If submitting a non factual event or story you forfeit your right to a refund. For all other valid and legitimate news releases you have until 30 days to request a full refund.
Miscellaneous These Terms of Service will be governed by and construed in accordance with the laws of The USA, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Users, customers and members of MEDIABLITZZ.COM are solely responsible for the facts and accuracy of all information submitted by them for transmission by MEDIABLITZZ.COM. The only responsibility of MEDIABLITZZ.COM shall be to use its reasonable efforts to correct any error of fact, timing or omission brought to its attention. MEDIABLITZZ.COM reserves the right to reject copy when necessary in its judgment.
All other uses of MEDIABLITZZ.COM’s daily news release file, including but not limited to any electronic redistribution or database storage and retrieval — whether or not for resale — in full, in part, in full text or in abstract, is prohibited without the express written consent of MEDIABLITZZ.COM.
Inquiries concerning the use of MEDIABLITZZ.COM text, photos, video, audio and other content should be addressed to firstname.lastname@example.org or MediaBlitzz ATTN: Content Counsel 6871 Franklin Ave #100, Hollywood, CA 90028.