Quick Guide To ContentsI. MOBILE DEVICES
II. CHANGES TO THIS AGREEMENT
III. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
IV. ACCOUNTS, SECURITY, REWARDS
V. USER CODE OF CONDUCT
VII. DISCLAIMER OF WARRANTIES
IX. LIMITATIONS ON LIABILITY
XI. MODIFICATION/TERMINATION BY CMM
XIII. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
XIV. INTERNATIONAL USE/U.S. EXPORT CONTROLS
XV. THIRD-PARTY MERCHANTS XVI. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
XVII. REFERRAL PROGRAMS AND "FORWARD TO A FRIEND" OPPORTUNITIES
XVIII. CONTESTS/SWEEPSTAKES XIX. GENERAL
XX. COPYRIGHT AND TRADEMARK NOTICE
Certain products or services offered by this and/or other CMM Sites (each a "CMM Internet Service," and collectively "CMM Internet Services"), and certain areas within this and/or other CMM Sites may be governed by additional terms ("Additional Terms") presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or CMM Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or CMM Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY CMM SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY CMM SITE MAY BE TERMINATED IMMEDIATELY AT CMM'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
By using this CMM Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this CMM Site (collectively, "Device"); and (c) you will access and use this CMM Site in accordance with this Agreement.
I. Mobile DevicesIf permitted or available through the applicable CMM Site to (a) upload content to this CMM Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this CMM Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which CMM makes the CMM Site available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the CMM Site, including, but not limited to, if this CMM Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the CMM Site and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with CMM or this CMM Site's operations or the CMM Site. Any equipment or software causing interference will be immediately disconnected from the CMM Site and CMM will have the right to immediately terminate this Agreement. If any upgrade in or to the CMM Site requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current CMM Site, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the CMM Site.
II. Changes to This AgreementCMM reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. CMM will provide notice of such change on this CMM Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this CMM Site constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this CMM Site and/or the CMM Site to which the changes may apply.
III. Privacy and Protection of Personal InformationCMM has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, by clicking here, and by using this CMM Site you agree to the terms of the Privacy Statement.
V. User Code of ConductIn accessing and using this CMM Site and/or the CMM Sites, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this CMM Site, or any postings which advocate illegal activity.
- Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
- Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Deliver, or provide links to, any postings containing defamatory, false or libelous material.
- Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this CMM service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this CMM Site or other users' Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to this CMM Site, any related website, other accounts, computer system, or networks connected to this CMM Site, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this CMM Site, including harvesting or otherwise collecting information about others such as email addresses.
VI. FeesExcept where otherwise provided, access to and use of this CMM Site and the CMM Sites offered through it are currently available without charge. CMM reserves the right to charge a fee for access to or use of this CMM Site, or any CMM Site available on this CMM Site at any time in the future. Your access to or use of this CMM Site before such time does not entitle you to use of this CMM Site without charge in the future.
VII. Disclaimer of WarrantiesYOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS CMM SITE AND/OR CMM INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS CMM SITE OR CMM INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. CMM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS CMM SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS CMM SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CMM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. CMM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS CMM SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS CMM SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. CMM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS CMM SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
CMM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR CMM INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
VIII. ExceptionsSOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CMM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IX. Limitations on LiabilityIn no event shall CMM, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this CMM Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this CMM Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this CMM Site or any information, software, products, services, and related graphics obtained through this CMM Site; (vi) any transactions entered into through this CMM Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this CMM Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this CMM Site. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if CMM has been advised of the possibility of damages.
X. IndemnificationYou agree to indemnify and hold harmless CMM, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this CMM Site and any related CMM Internet Service and/or software. You agree to cooperate fully with CMM in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
XI. Modification/Termination by CMMreserves the right, in its sole discretion, to modify, suspend, or terminate this CMM Site and/or any portion thereof, including your account, password, or use of any CMM Site, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for the CMM Site removes your authorization to use the CMM Site. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, CMM shall not be liable to you or any third party for any termination of your access to a CMM Internet Service.
XIII. Software and Downloads Available Through This SiteAny software that is made available to access, use, view and/or download in connection with a CMM Site or CMM Internet Service ("Software"), including applications, audio streaming, or video streaming, is owned or controlled by CMM and/or its licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. CMM accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
XIV. International Use/U.S. Export ControlsAccessing materials on this CMM Site by certain persons in certain countries may not be lawful, and CMM makes no representation that materials on this CMM Site are appropriate or available for use in locations outside the United States. If you choose to access this CMM Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this CMM Site. No software or any other materials associated with this CMM Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a CMM Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
XV. Third-Party MerchantsThis CMM Site may enable you to order and receive products, information and services from businesses that are not owned or operated by CMM. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. CMM does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. CMM will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the CMM Site.
XVI. Advertisements, Sponsorships, Co-Promotions and Other PartnershipsCMM may display advertisements for the goods and services of a third party on the CMM Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. CMM does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this CMM Site.
XVII. Referral Programs and "Forward to a Friend" OpportunitiesThe CMM Site may offer referral programs that permit you to submit information about other persons (each, a "Referred Person"), including, without limitation, U.S.-based email addresses, mobile telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the CMM Site. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi), and be able to register for the CMM Site, or otherwise use the CMM Site. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the CMM Site. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this CMM Site or any third party for any reason. We specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available through the CMM Site, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the CMM Site. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges in connection with messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to discontinue the CMM Site to you. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the CMM Site to communicate to a Referred Person (or any third party), you agree not to use such CMM Site to harm the Referred Person or any other third party, and/or use such CMM Site in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.
XVIII. Contests/SweepstakesAny sweepstakes, contests, games and/or promotional offers accessible on this CMM Site are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this CMM Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this CMM Site (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this CMM Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
XIX. GeneralThis Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this CMM Site and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in New York County, New York. You agree to submit to the personal jurisdiction of the courts of the State of New York for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and CMM with respect to the use of this CMM Site and shall not be modified except in writing, signed by an authorized representative of CMM.
If you have any questions concerning this Agreement, you may send them by email to email@example.com. You must send any official correspondence via postal mail to:
Critical Mass Media
20880 Stone Oak Pkwy
San Antonio, TX 78258
By Facsimile: (210) 832-3149
By Email: firstname.lastname@example.org
XX. Copyright & Trademark NoticeUse of Intellectual Property
The CMM Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, CMM logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by CMM or by other parties that have provided rights thereto to CMM.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this CMM Site, in whole or in part, without the express written permission of CMM.
Other trademarks, service marks, product names and company names or logos appearing on this CMM Site that are not owned by CMM may not be used without express permission from their owners. Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this CMM Site, or frame this CMM Site, or any web page or material herein, nor may any entity include a link to any aspect of this CMM Site in an email for commercial purposes, without the express written permission of CMM. Further, unless otherwise expressly permitted, you agree not to link to CMM's Intellectual Property so as to cause you or anyone else to access CMM's Intellectual Property other than through this CMM Site.
You may inquire about obtaining permission by writing:
Attention: Critical Mass Media, Inc.
20880 Stone Oak Pkwy
San Antonio, TX 78258
By Facsimile: (210) 832-3149
By Email: email@example.com
CMM respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this CMM Site, you are granting permission to have this material posted on this CMM Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. CMM reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights CMM may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
Critical Mass Media, Inc.
c/o Legal Department
20880 Stone Oak Pkwy
San Antonio, TX 78258
By Facsimile: (210) 832-3149
By Email: firstname.lastname@example.org
Pursuant to 17 U.S.C. § 512 (c), to be effective, the Notification must include the following: (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 CMM to locate the material.
(iv) Information reasonably sufficient to permit CMM to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
This Agreement was last modified on January 29, 2020.