Introduction
Welcome to Lionel Media. Lionel Media provides its services and offerings (the “Lionel Media Service,” as further described below) to you subject to the following Terms of Use (“TOU”). In addition, when using the Lionel Media Service, you shall be subject to any posted guidelines and rules applicable to such service, which may be posted from time to time. All such guidelines and rules are incorporated by reference into these TOU.
PLEASE READ THESE TOU CAREFULLY. By accessing or using the Lionel Media Service, you, either an individual or a single entity (“you” or “your” as applicable), are bound by the notices, terms and conditions in this TOU and, as applicable, elsewhere on https://lionelmedia.com (including but not limited to. If you register on behalf of a business, you represent to Lionel Media that you have the authority to bind that business and your acceptance of these TOU will be treated as acceptance by that business. In that event, “you”and “your” will refer to that business in these TOU. If you do not agree to any of these terms and conditions, you may not use the Lionel Media Service. If you are a publisher and wish to upload video content to the Lionel Media Service, then this TOU, will apply to you and are incorporated by reference.
The Lionel Media Service
The Lionel Media Service is comprised of (i) the Lionel Media website, currently located at https://lionelmedia.com (and/or any successor or additional website(s) owned or operated by or for 30a Media INC ); (ii) the Lionel Media syndication network (which includes third party websites); (iii) the Lionel Media client, a downloadable application to upload, download and view content (the “Lionel Media Client”); (iv) the servers operated by or on behalf of Lionel Media ; and/or (v) any other technology and/or services that Lionel Media provides its users. The Lionel Media Service enables you to make content available to other users of the Lionel Media Service and to access content made available by other users of the Lionel Media Service. All comments and other communications posted or published by you or other users on the Lionel Media Service, including in any bulletin board, chat, discussion group, feedback area, news group or email, is referred to as “User Material.” “Video Material” for purposes of this Agreement is the video you upload to the Lionel Media Services. “Publisher Material, for purposes of this Agreement, is any other material you provide and includes without limitation including music, animation, text, software, scripts, graphics, images, audio, information and interactive features. You are solely responsible for any User Material that you upload and publish to the Lionel Media Service, including complying with these TOU. The terms and conditions regarding the uploading of Video Material and Publisher Material is covered in the Publisher Terms.
You retain all of your rights in your privacy User Material. You shall be solely responsible for your own User Material and the consequences of posting or publishing it on the Lionel Media Service. In connection with User Material that you make available on the Lionel Media Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Lionel Media to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Material to enable inclusion and use of the User Material as part of the Lionel Media Service and in the manner contemplated by these TOU. By submitting, posting, uploading, emailing or otherwise providing User Material to Lionel Media , you hereby grant (or warrant that the owner of such rights has expressly granted) Lionel Media a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Material in connection with the Lionel Media Service and Lionel Media s (and its successors) business, including without limitation for promoting and redistributing part or all of the Lionel Media Service (and derivative works thereof) in any media formats and through any media channels. You warrant that all moral rights to the User Material you submit have been waived. You also hereby grant each user of the Lionel Media Service a non-exclusive license to access your User Material through the Lionel Media Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the Lionel Media Service and under these TOU.
Lionel Media does not guarantee that any User Material or Video Material and Publisher Material will be made available on the Lionel Media Service, whether continuously or at all. Lionel Media shall have no obligation to monitor any User Material and Video Material and Publisher Material. However, Lionel Media and its agents reserve the right to monitor any User Material and Video Material and Publisher Material from time to time for any lawful purpose. Lionel Media may, without notice to you, remove or block any User Material and/or Video Material and Publisher Material from the Lionel Media Service, including disabling access to such User Material and/or Video Material and/or Publisher Material that you have downloaded through the Lionel Media Service.
Registration
Registration is not required to view most User Material and Video Material and Publisher Material provided as part of the Lionel Media Service. However, you are required to register if you wish to post a comment or upload a video, download the Lionel Media Client or view certain User Material and Video Material and Publisher Material. If you wish to upload a video you will be subject to our Publisher Terms. If you wish to download the Lionel Media Client you will be subject to additional terms and condition relating to the license and use of the Lionel Media Client.
To register, you will have to create an account. As a condition to using such components of the Lionel Media Service, you will be asked to register with Lionel Media and select a password and screen name (“Lionel Media User ID”). You shall provide Lionel Media with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this TOU, which may result in immediate termination of your Lionel Media account. You may not (i) select or use as a Lionel Media User ID a name of another person with the intent to impersonate that person; (ii) use as a Lionel Media User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Lionel Media User ID a name that is otherwise offensive, vulgar or obscene. Lionel Media reserves the right to refuse registration of, or cancel a Lionel Media User ID in its sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Lionel Media immediately of any breach of security or unauthorized use of your account. Although Lionel Media will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Lionel Media or others due to such unauthorized use. All registration information provided by you shall be subject to Lionel Media ‘s Privacy Policy or any successor thereto.
Content on the Lionel Media Network
Content on Lionel Media is meant for all audiences. You understand that you will be exposed to User Material from a variety of publishers and that Lionel Media is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to User Material that is 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 Lionel Media with respect thereto, and agree to defend, indemnify and hold harmless Lionel Media , its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the Lionel Media Service.
User Conduct
Lionel Media grants you permission to use the Lionel Media Service subject to all of the terms and conditions set forth in these TOU.
As a condition of use, you agree not to use the Lionel Media Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the Lionel Media Service is expressly prohibited.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Material using any communications service or other service available on or through the Lionel Media Service, that: i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or ii. is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or iii. misrepresents the source or identity of any content; or iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme or any other similar solicitation; or v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Lionel Media or any third party; or vi. impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Lionel Media ; or vii. constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause Lionel Media to violate any applicable law or regulation.
In addition to these TOU, your use of the Video Material may be subject to separate license terms as set forth by the Publisher.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Lionel Media ‘s sole discretion, an unreasonable or disproportionately large load on Lionel Media ‘s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Lionel Media Service or any activities conducted on the Lionel Media Service; (iii) bypass any measures Lionel Media may use to prevent or restrict access to the Lionel Media Service, other accounts, or computer systems or networks connected to the Lionel Media Service; or (iv) interfere with any other users enjoyment of the Lionel Media Service, including, without limitation, accessing an account of a Lionel Media user that is not yours.
You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Lionel Media Service or any content available through the Lionel Media website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Lionel Media Service in a manner which sends more request messages to the Lionel Media server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Lionel Media Service, including, without limitation, information about other users of the Lionel Media Service. The use of any information learned through the Lionel Media Service or while in the Lionel Media website is limited to the express purposes set forth in these TOU; all other uses are strictly prohibited.
Unless expressly authorized, you shall not frame or otherwise display any portion of the Lionel Media .com website or any of its contents. No hyperlinks to any password protected web pages on the Lionel Media .com website are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by Lionel Media in our sole discretion.
Ownership
The content accessible through the Lionel Media Service, except User Material and Video Material and Publisher Material, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “Lionel Media Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Lionel Media , and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these TOU, the Lionel Media Content, Marks, User Material and Video Material and Publisher Material 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 except as set forth in these TOU or without the prior written consent of the respective owners. Lionel Media reserves all rights not expressly granted in and to the Lionel Media Service and the Lionel Media Content. If you download or print a copy of the Lionel Media Content, User Material or Video Material and Publisher Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Lionel Media Service or features that prevent or restrict use or copying of any Lionel Media Content, User Material or Video Material and Publisher Material.
Copyright Policy
Lionel Media respects the rights of copyright holders.
Termination
Lionel Media may terminate your access to all or any part of the Lionel Media Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Lionel Media Service at any time, provided that all provisions of this TOU, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
THE Lionel Media SERVICE, Lionel Media CONTENT AND MARKS ARE PROVIDED BY Lionel Media “AS IS” AND “AS AVAILABLE”. Lionel Media MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE Lionel Media SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, Lionel Media DISCLAIMS ALL WARRANTIES REGARDING THE Lionel Media SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE Lionel Media SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). YOU AGREE THAT USE OF THE Lionel Media SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, Lionel Media DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE Lionel Media SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND Lionel Media WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.
Limitation of Liability
IN NO EVENT SHALL Lionel Media OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE Lionel Media SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE Lionel Media SERVICE (INCLUDING BUT NOT LIMITED TO, Lionel Media CONTENT AND Lionel Media MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF Lionel Media OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Lionel Media ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE Lionel Media SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE Lionel Media SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Lionel Media WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Lionel Media WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE Lionel Media SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE Lionel Media SERVICE.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, Lionel Media ‘S AND ITS SUPPLIERS’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Indemnification
You agree to defend, indemnify and hold harmless Lionel Media and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, “Lionel Media Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Lionel Media Service; (ii) your violation of any term of these TOU; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Material you upload and publish on the Lionel Media Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Lionel Media Indemnitees. Lionel Media shall have the right, in its sole discretion, to select its own legal counsel to defend the Lionel Media Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by the Lionel Media Indemnitees in connection therewith. You shall not, without the prior express written approval of Lionel Media , settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Lionel Media Indemnitee. This defense and indemnification obligation will survive these TOU and your use of the Lionel Media Service.
Miscellaneous
Acceptance. If you do not accept all of the terms and conditions set forth in these TOU, you may not access or use the Lionel Media Service.
Ability to Accept. The Lionel Media Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these TOU. If you are under 15 years of age, you may not register for or use the Lionel Media Service.
Modification. Lionel Media shall have the right to modify these TOU at any time, which modification shall be effective immediately following Lionel Media ‘s posting of such change on its website. We recommend that you check the Lionel Media website regularly for any such changes. Your use of the Lionel Media Service following such posting shall be deemed to constitute your acceptance of such modification. These TOU may not otherwise be changed or modified, except in a writing signed by an authorized representative of Lionel Media .
Enforceability and Waiver. If any provision of these TOU is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these TOU will not be affected. No delay or failure by Lionel Media to exercise or enforce any of its rights under these TOU will act as a waiver of such rights.
Links to Third Party Websites. As a convenience for its users, Lionel Media may provide links on this website to other websites owned by third parties. Unless otherwise stated, Lionel Media does not endorse or control these third parties and takes no responsibility for them or their websites.
Export and International Use. The Lionel Media Service is controlled and offered by Lionel Media from its facilities in the United States of America. Lionel Media makes no representations that the Lionel Media Service is appropriate or available for use in other locations. Those who access or use the Lionel Media Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Governing Law, Jurisdiction and Venue. These TOU shall be governed by and construed in accordance with the laws of the State of New York State, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Walton County of the State of Florida for any claim or action arising out of or relating to these TOU or your use of the Lionel Media Service. You agree that: the Lionel Media Service shall be deemed to be solely based in the State of Florida; the Lionel Media website shall be deemed a passive website that does not give rise to personal jurisdiction over Lionel Media , either specific or general, in jurisdictions other than the State of Florida; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Lionel Media SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.
