Terms & Conditions

WELCOME

This website (the “Website”) or application (the “Application”) is owned and operated by Rosebud Media LLC. (“We,” “Us” or “Our”). Please read these terms and conditions (the “Terms”) of use carefully. By accessing or using the site, by using any Interactive Areas of the site (defined below), or by purchasing any products developed by Us or listed on the site (“Products”), you (“You” or “Your”) agree to be bound by these terms of use and all policies and guidelines incorporated by reference herein. If You do not agree to all of these terms of use, do not use the site or any of the Interactive Areas (defined below) and do not purchase any products or services. We suggest You print a copy of these terms of use for Your records. Nothing in these terms of use will be construed to confer any rights or benefits to third parties.

GENERAL INFORMATION

The Terms constitute the entire agreement between each user and Us and govern each user’s use of the Website or Application, superseding any prior agreements. The Terms and the relationship between each user and Us shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Delaware. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. This Website or Application is controlled and operated by Us from its offices within the State of Minnesota, United States of America. We make no representation that materials in the Website or Application are appropriate or available for use in other locations. Those who choose to access this Website or Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is 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 Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Us and any user.

UPDATE TO TERMS OF USE

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Any such changes or modifications will be effective immediately upon posting of revisions. Your continued use of the Website or Application following the posting of changes to the Terms will mean You accept those changes. If You do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines, Your sole recourse is to stop usage and to not make purchases of any products or services.

COPYRIGHTS AND TRADEMARKS

The Website or Application, including but not limited to all text, graphics, logos, icons, images, data, photographs, audio, videos, computer programs, digital downloads, data compilations, software and the selection and arrangement thereof and other material and information contained on, or utilized in the provision of, the Website or Application is Our property or Our affiliates and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. We hereby grant You a limited, nonexclusive, non-transferable, personal license to use the Website or Application for personal or informational purposes only.

Except as expressly authorized by Us in writing, You may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Website or Application for any purpose or “frame” or “mirror” the Website or application on any other server or wireless or Internet-based device. You may not use any metatags or any other “hidden text” utilizing any of Our names, trademarks or products or service names, without Our prior written consent. In addition, the look and feel of the Website or Application, including, but not limited to, all page headers, custom graphics, button icons and scripts, is Our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without Our prior written consent. All rights not expressly granted herein are reserved to Us and/or Our licensors.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.

Any use of the Site or of any Materials not owned by You, other than as specifically authorized herein, without Our prior written consent, is strictly prohibited and will terminate the license granted herein and constitute a breach of the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Us at any time.

INFRINGEMENT POLICY AND COPYRIGHT COMPLAINTS

In accordance with the United States Digital Millennium Copyright Act and other applicable law, We have adopted a policy of limiting Your access to the Site, at Our sole discretion, if You infringe any of Our intellectual property rights or those of others (including, but not limited to, Our affiliates), whether or not there is any repeat infringement.

We respect the intellectual property rights of others, and require the people who use the Website or Application do the same. It is Our policy to respond promptly to claims of intellectual property misuse. If You believe that Your work has been copied and is accessible on this Website or Application in a way that constitutes copyright infringement, You may notify us by providing Us with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) identification of the copyrighted work that You claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Us to locate the material, including, if applicable the full URL; (d) Your name, address, telephone number, and email address; (e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.

CONTENT SUBMISSIONS

All information, data, text, software, music, sound, photographs, graphics, video, messages, comments or any other materials whatsoever, whether posted or transmitted to Us or the Website or Application, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants Us the royalty-free, world-wide perpetual, non-exclusive, transferable license to Us to use, reproduce, modify, edit, publish, distribute and display such Content through the Website or Application or those related Websites or Applications hosted by Us. We have not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. Your Content is deemed non-confidential and We have no obligation to maintain the confidentiality of any information, in whatever form, contained in any such Content, except pursuant to Our privacy policy. Content submitted to the Website or Application does not represent Our views or any individual associated with Us, and We do not control this Content. We do not vouch for the accuracy or credibility of any Content and do not take any responsibility or assume any liability for any actions You may take as a result of reading Content on the Website or Application.

You further understand and agree that, in order to help ensure smooth operation of the Site, We may keep backup copies of such Content indefinitely. Notwithstanding the foregoing, You acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, feedback, ideas, plans, creative materials or other information or work of authorship, provided by You (“Contributions”) in the form of email or other submissions to Us or otherwise posted on the Website or Application will become Our sole property. We will own worldwide and exclusive rights, including, but not limited to, all intellectual property rights embodied therein, and will be entitled to the unrestricted use and dissemination of such Contributions for any purpose, commercial or otherwise, without acknowledgment or compensation or reimbursement of any kind to You.

By making such Contributions, You acknowledge and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) We are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) We will be entitled to use or disclose (or choose not to use or disclose) any Contributions for any purpose, in any way, in any media worldwide; (d) We may have something similar to the Contributions already under consideration or in development; (e) Your Contributions automatically become Our property without Our obligation to You; and (f) We may, but are not obligated to, review or monitor areas on the Site where users may transmit or post communications.

We ask You to follow these rules when submitting, posting or sharing Content on the Website or Application: (a) You shall not upload to, distribute through or otherwise publish through the Website or Application any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (b) You shall not use the Website or Application to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) You will use this Website or Application only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal Your identity from Us; (e) You will only submit Content for which You have the copyright or other specific permission to distribute; and (f) You will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. We shall not be liable in any way for any Content.

USE BY CHILDREN

THIS WEBSITE OR APPLICATION IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13.

ELECTRONIC COMMUNICATIONS

When You visit the Site or send emails to Us, You communicate with Us electronically and consent to receive communications from Us electronically. We may communicate with You by: (a) email to Your email address indicated in Your communications with Us, (b) posting general notices on the Website or Application, or (c) posting messages that are displayed to You when You log in to or access the Website or Application. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

LINKS AND HYPERLINKS

We may host or provide links to products, web pages, websites or applications and other content of third parties (“Third Party”). The inclusion of any link or the hosting of any Content is provided solely as a convenience to Our users, including You, and does not imply affiliation, endorsement, approval, control or adoption by Us of any Third Party website or application or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party website or application or their content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including You, may use these links and the Third Party websites or applications and the content contained therein at their own risk. When You leave this Website or Application, You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party website or application.

You are granted (or may be granted in the future) a right to create a text hyperlink to the Website or Application; any such right is limited, nonexclusive and may not portray Us or any of Our products or services in a false, misleading, derogatory or otherwise defamatory manner. Any linking to the Website or Application you create may not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. This limited right may be revoked at any time by Us. You may not use Our logo or any other of Our proprietary graphics to link to the Website or Application without Our prior written consent.

ADVERTISEMENTS AND PROMOTIONS

We may run advertisements and promotions from third parties on the Website or Application. Your business dealings or correspondence with, or participation in promotions of Our advertisers and any terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the Website or Application.

INTERACTIVE SERVICES OR AREAS

To use certain features of the Website or Application or Application or participate in certain activities sponsored by Us, We might ask You to register as a participant or user. If so requested, each Website or Application user must: (a) personally provide true, accurate, current and complete information on the Website”s or Application’s registration form (collectively, the “Registration Data”) and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, We have reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, We may suspend or terminate any and all current or future use of the Website or Application by that user. A user may receive passwords and account designations upon completing certain Website or Application registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.

The Website or Application includes (or may include in future) content hosting and storage services, discussion forums or other interactive areas or services, including, but not limited to, galleries, forums, chat rooms, blogs, message boards, or other areas or services in which You or third parties create, post or store content, messages, materials or other items on the Website or Application (collectively, “Interactive Areas”). You are solely responsible for Your use of and access to the Interactive Areas and You will use the Interactive Areas at Your own risk.

By using any Interactive Areas, You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website or Application any of the following:

a. Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including, but not limited to, any Content containing nudity that would be unacceptable in a public museum where minors visit;

b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of Us or others (including, but not limited to, Our affiliates), endanger national security, or that would otherwise create liability or violate any local, state, national or international law;

c. Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other right of Us or others (including, but not limited to, Our affiliates). By posting any Content, You represent and warrant that You have the lawful right to use, display, distribute, and reproduce such Content;

d. Content that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity;

e. Unsolicited promotions, political campaigning, advertising or solicitations;

f. Private information of Us or others (including, but not limited to, Our Affiliates), including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and

g. Viruses, corrupted data or other harmful, disruptive or destructive files.

Although We prohibit certain activities in these Terms, We do not control and take no responsibility or liability for any Content posted, stored or uploaded by You or any third party, or for any loss or damage thereto, nor are We liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter by use of the Website or Application, including the Interactive Areas. Your use of the Website or Application and the Interactive Areas is at Your own risk. As a provider of interactive services, We are not liable for any statements, representations or Content provided by Our users in any public gallery, forum, personal home page or other Interactive Area. We have no obligation to screen, edit or monitor any Content posted in any Interactive Areas.

Judgments as to the acceptability of Content are at Our sole discretion, and We reserve the right, and have absolute discretion, to remove, screen or edit the Content posted or stored on the Website or Application at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any Content You post or store on the Website or Application at Your sole cost and expense. Any use of the Interactive Areas or other portions of the Website or Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Website or Application.

You understand and acknowledge that any Content contained in public postings, including, but not limited to, any portions of the Website or Application that may be designated as private, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others, including, but not limited to, appearing on other website or application or in search engine results. Therefore, You should be careful about the nature of the Content You post. We will not be responsible or liable for any third party access to or use of the Content You post. You represent and warrant that: (a) You own or otherwise control all of the rights to the Content that You post, or You otherwise have the right to post such Content to the Website or Application and to grant the rights granted herein; (b) the Content You supply is accurate and not misleading; and (c) use and posting of the Content You supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

LIMITED WARRANTY; LIMITATION OF LIABILITY

EACH USER’S USE OF THE WEBSITE OR APPLICATION IS AT HIS OR HER SOLE RISK. THE WEBSITE OR APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE 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. DOAPP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE WEBSITE OR APPLICATION. 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 MAY NOT APPLY TO YOU.

PRIVACY

We agree to treat Your private personally identifiable information in accordance with the terms of Our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at https://staticcdn.newscyclemobile.com/html/privacy.html or by sending an e-mail request to [email protected]. If You are a resident of any country outside the United States, including, but not limited to, any country within the European Union, You understand and agree that We store and process Your personal information on computers located in the United States, and that by providing any information to Us, You consent to the transfer of such information to the United States.

DISCLAIMER OF WARRANTIES

THE WEBSITE OR APPLICATION, COMPONENTS AND MATERIAL WITIN EACH AND THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE WEBSITE OR APPLICATION (INCLUDING, BUT NOT LIMITED TO, IN ANY BLOG) ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. WE EXPRESSLY DISCLAIM, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR APPLICATION, THE COMPONENTS OR MATERIAL WITHIN EACH OR THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE WEBSITE OR APPLICATION (INCLUDING, BUT NOT LIMITED TO, IN ANY BLOG) IS ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR-FREE OR THAT THE WEBSITE OR APPLICATION, ITS WEB SERVERS OR EMAIL SENT BY US OR FROM THE WEBSITE OR APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WE ALSO MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USE REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE WEBSITE OR APPLICATION AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE WEBSITE OR APPLICATION, THE COMPONENTS OR MATERIAL WITHIN EACH OR THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE WEBSITE OR APPLICATION (INCLUDING, BUT NOT LIMITED TO, IN ANY BLOG).

LIMITATION OF LIABILITY

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, OR OUR OR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE THE WEBSITE OR APPLICATION, THE COMPONENTS OR MATERIAL THEREIN, THE CONTENT OR OTHER INFORMATION CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES. IN NO EVENT WILL OUR LIABILITY UNDER THESE TERMS OF USE EXCEED THE AMOUNTS RECEIVED BY US FROM YOU FOR ACCESS TO OR USE OF THE WEBSITE OR APPLICATION, THE MATERIALS, THE PRODUCTS AND/OR THE CONTENT AT ISSUE. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify and hold Us, Our Affiliates, and their respective independent contractors, service providers, consultants, directors, officers, employees and agents (collectively, the “Indemnified Parties”) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to: (a) Your use of the Website or Application, the Materials, the Products or the Content (including, but not limited to, Your use, installation or service of the Materials, the Products or the Content); (ii) Your conduct; (c) Your failure to perform Your obligations under these Terms of Use (including, but not limited to, Your violation of these Terms of Use); and/or (d) Your violation of the rights of any third party.

TERMINATION

We may terminate Your use of the Website or Application for: (a) breach of these Terms; (b) Your abuse of Website or Application resources or attempt to gain unauthorized entry to the Website or Application; or (c) as required by law, regulation, court or governing agency order. Our termination of any user’s access to the Website or Application may be effected without notice and, on such termination, We may immediately bar any further access to the Website or Application. We shall not be liable to any user or other third party for any termination of that user’s access to the Website or Application. In the event of termination, We reserve the right to delete or save a user’s Content in Our sole discretion.

APPLICABLE LAW

Your use of the Website or Application is subject to all applicable local, state, national and international laws and regulations. These Terms and Your use of the Website or Application will be governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Delaware. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. The application of the United Nations Convention on Contracts for the International Sale of Goods to any sale is expressly excluded.

ASSIGNMENT

You may not assign any of Your rights and obligations under these Terms without Our prior written consent. Nothing in these Terms will restrict or limit any assignment by Us of Our rights or obligations herein to third parties, including, but not limited to, Our affiliates.

SEVERABILITY

If any provision of these Terms of Use is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms.