LAST UPDATED: May 17, 2013
This website, www.mediander.com, is owned and operated by Mediander LLC (“Mediander”).
As used herein, “Site” or “Sites” refers to www.mediander.com (including websites designed to be accessed by browsers using Wireless Application Protocol) and other websites on the World Wide Web or mobile applications developed for tablet devices, smartphones or other mobile electronic devices, originating in the United States, which are owned and/or operated by Mediander. By using these Sites, you indicate your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, you are not permitted to access these Sites, and you should not do so.
Mediander reserves the right, in its sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions, including, but not limited to, registration requirements. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting to these Sites, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of these Sites after such notice is posted means that you accept any changes or updates.
Mediander may change, suspend or discontinue any aspect of these Sites at any time, including the availability of any feature or content. Mediander may also impose limits on certain features and services or restrict your access to parts or all of these Sites without notice or liability.
All materials published on these Sites (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Mediander or by the party credited as the provider of the material. The entire contents of mediander.com is also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content is protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through these Sites. Materials that are published under a Creative Commons license may only be used as permitted under the terms of that License; see http://creativecommons.org/licenses/ for the types of Creative Commons licenses, and their respective use limitations. Except as otherwise permitted through a Creative Commons or other license, no material from these Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials in context on any single computer (or other electronic device) for your personal, noncommercial home use, and may print one hard copy of the material on these Sites in context for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Except as otherwise permitted under a Creative Commons or other specific license agreement, modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights, and the use of any such material on any other website or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to Mediander or the other designated owner of a posted mark. Elements of these Sites are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
These Sites include social media, chat areas, message boards, email and other interactive functions ("Forums") which allow feedback and submissions to Mediander and real-time interaction between users. Only registered users who have expressly indicated their agreement to these Terms & Conditions may use any of these Forums. Registration consists of identifying oneself, entering an email address and password, and expressly indicating by means of clicking on an applicable box or boxes the user's acceptance of these Terms & Conditions. Registration is subject to Mediander's prior approval and your continued compliance with the terms of these Terms & Conditions. Mediander reserves the right to refuse participation to any applicant or participant at any time at our sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by Mediander (including by email). You are solely responsible for keeping your email address and other contact information updated.
Terms & Conditions directly applicable to use of such Forums include the following:
The purchase of any products from these Sites is governed by the terms and conditions of the sales transaction with the provider of the product. See the Mediander FAQ for Mediander’s return and customer service policy. MEDIANDER MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Mediander.com may contain links and pointers to internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply Mediander's endorsement. Mediander has not reviewed all of the Third Party Sites linked to these Sites and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or webmaster.
You agree that if you include a link from any other website to these Sites, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of these Sites. Except as specifically permitted under any license under which materials on the Sites are published, such as a Creative Commons license, you are not permitted to link directly to any image hosted on these Sites or our services, such as using an "inline" linking method to cause the image hosted by us to be displayed on another website. Except as specifically permitted under any license under which materials on the Sites are published, such as a Creative Commons license, you agree not to download or use images hosted on these Sites on another website, for any purpose, including, without limitation, posting such images on another site; however, you may post pages, in context, on social media sites to the extent permitted by any licenses to which such content is subject. You agree not to link from any other website to these Sites in any manner such that these Sites, or any portion of these Sites, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to these Sites be discontinued, and to revoke your right to link to these Sites from any other website at any time upon written notice to you.
These Sites are controlled and operated by Mediander from its headquarters in New York City, New York, United States of America. Mediander makes no representation that materials on these Sites are appropriate or available for use in other locations. Those who choose to access these Sites 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.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern.
By visiting or using the Sites, you agree and acknowledge that all claims, actions, demands, liabilities, damages, losses, costs or expenses (referred to collectively as “claims”) against Mediander arising out of (i) your or another’s use of the Sites, (ii) the operation of the Sites, or (iii) otherwise in connection with the Sites or any content on Mediander shall be governed by the laws of the State of New York, without regard to principles of conflict of laws, and any such claims apart from those claims seeking solely injunctive relief, which will be brought by you against Mediander must be brought in accordance with the applicable Rules of the American Arbitration Association (AAA), which proceeding will be held before one arbitrator in New York, New York. The parties shall each pay their own attorneys’ fees in connection with any arbitration, notwithstanding any finding of liability against either party. Any claims seeking solely injunctive relief shall be brought exclusively in the state or federal courts in New York, New York, to which courts’ jurisdiction you submit.
You agree that you will not join any other user or third party’s claim or arbitration and waive all rights to bring any CLASS ACTION or CLASS ARBITRATION PROCEEDINGS against Mediander. You further agree that the parties must bring any and all claims or arbitration proceedings against each other within one (1) year after the cause of such claim or action arises.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in these Sites, constitute the entire agreement between you and Mediander in connection with your access and use of these Sites.
Mediander may, in its sole discretion, terminate or suspend your access to all or part of these Sites for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from these Sites and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use these Sites, and the restrictions imposed on you with respect to materials downloaded from these Sites and the disclaimers and limitations of liabilities set forth in this agreement shall survive.
Your access to and use of these Sites is at your sole risk. If you are dissatisfied with any of the materials contained in these Sites, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using these Sites. THE MATERIALS IN THESE SITES AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIANDER AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THESE SITES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE SITES AND ANY AFFILIATED WEBSITE OR SITES WITH WHICH IT IS LINKED. MEDIANDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THESE SITES. MEDIANDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES, SUBMITTED CONTENT OR THE SERVER THAT MAKES THESE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You hereby agree to indemnify, defend and hold harmless Mediander and its parents, officer, agents, sponsors, and affiliates (collectively, the “Indemnified Parties”) from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Mediander and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including, but not limited to, your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in these Sites. You shall cooperate as fully as reasonably required in the defense of any claim. Mediander reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge that, at its sole discretion and for any reason, Mediander may edit, refuse to post, or delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of these Sites; that you have granted (or warranted that the owner of such rights has expressly granted) to Mediander a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post; and that you have waived any moral rights you may have in such Submitted Content. You hereby further agree that if you unsuccessfully prosecute a claim against Mediander and/or any of the Indemnified Parties seeking to recover for violation of your moral rights, or that arises from Mediander or any Indemnified Party’s exercise of its rights: (i) to edit, refuse to post or to delete any Submitted Content that you post, (ii) to terminate or suspend your access to all or part of these Sites, (iii) to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, then you agree to reimburse Mediander and/or the applicable Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees.
As part of the registration process, you will provide your email address and select a password . You also have to give us certain registration information, all of which must be accurate and updated:
Any software that is made available to download from these Sites, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). A user to these Sites will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. MEDIANDER MAKES NO WARRANTY AS TO THE QUALITY OR OPERATION OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from these Sites is further subject to United States export controls. No Software from these Sites may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
Mediander has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If Mediander removes material to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any users (including terminating their login and password) and/or block access to the site or services of any users who repeatedly infringe the copyrights of others.
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the copyrighted work that you believe has been infringed.
- Detailed identification of the material you claim infringes this copyrighted work.
- Information reasonably sufficient to permit Mediander to contact you (email address is preferred).
- The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Your signature.
Send the Infringement Notification to the following address:
|By mail:||Mediander LLC
322 Eighth Avenue, 15th Floor
New York, NY 10001
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the material Mediander has removed.
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your signature.
Send the Counter Notification to the following address:
|By mail:||Mediander LLC
322 Eighth Avenue, 15th Floor
New York, NY 10001