TERMS OF USE

VIAMEDIA TERMS OF USE

INTRODUCTION

Viamedia, Inc. ("Viamedia," "we," "us" or "our"), provides advertising services to media companies, advertisers, agencies and other advertising service companies. The following terms of use (“Terms of Use”) govern our website available at http://www.hardeessupportsstudents.com and/or http://viamediapromotions.com/ (the "Site") and your use of the Site.  By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms, as they may be amended from time to time, and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.  

ELIGIBILITY

The Site is intended only for persons who are 13 years of age or older.  Any access to or use of the Site by anyone under 13 years of age is expressly prohibited.  By accessing and using the Site, you represent and warrant that (i) all information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) you are 13 years of age or older or else are accessing the Site with the consent of your parent or legal guardian.

The Site is intended for use by residents of the United States.  Viamedia makes no representation or warranty that the Site or any content on the Site is appropriate or available for use in locations outside the United States, its territories and possessions.

USER INFORMATION

During your use of the Site and the services made available on or through them, you may be able to provide certain personalized information ("User Information") to us. Our Privacy Policy describes our information collection and use practices.  By using the Site, you agree to the terms of our Privacy Policy and you agree that you are solely responsible for the accuracy and content of User Information you submit. 

SUBMITTED MATERIALS

Any information, creative works, ideas, testimonials, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted that you send to us or post on or through the Site, including Entries in connection with the Hardee’s® $10,000 College Fund Contest ("Submitted Materials") shall be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us or posting it on or through the Site, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived.  We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time and for any reason and without advance notice to you. 

OUR RIGHTS

By submitting or sending Submitted Materials to us or posting it on or through the Site, you grant us and our subsidiaries and affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we may use, or permit others to use, without charge, your name, biography, picture and likeness with the content you submit and otherwise in materials promoting, marketing or advertising the Site or our goods or services, in any media, without any compensation, advance notice or approval rights to you.

PROHIBITED USER CONDUCT

You agree that, while using the Site, and any services and features offered on or through them, you shall not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party's advertising, branding or other promotional content on the Site; (iii) use, redistribute, republish or exploit third party content for any commercial or promotional purposes; or (iv) attempt to gain unauthorized access to other computer systems through the Site. You shall not obtain or attempt to obtain lists of users or other information from or through the Site, and you shall not use the Site in violation of any applicable law, ordinance or regulation. We are not responsible to monitor your use of the Site or to determine if such use violates any applicable law, ordinance or regulation. Please govern your use accordingly. 

PRIORITARY RIGHTS

As between you and us, we own, all rights, title and interest in and to the Site, including all of the content, code, data and materials, the look, feel and design the Site, including but not limited to any copyrights, trademarks and service marks, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.  Use of the Site, Apps and Social Media does not grant you any license or right to use any Trademark, copyrights, trademarks and service marks, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.  As between you and us, we own all rights, title and interest in and to all of our content on the Social Media, including but not limited to any copyrights, trademarks and service marks, patent rights, database rights, moral rights, sui generis rights, the Trademarks and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you any ownership or rights to or in any of that content, code, data or other materials.  In addition, trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site or on content available through them are our registered and unregistered Trademarks.  Your use of our Trademarks for any purpose is likely to cause customer confusion, and therefore is prohibited.

LICENSE

We grant you a non-exclusive, non-transferable, limited, revocable license to access the Site and view the content on the Site on your personal computer or mobile device for your personal use only.  We may revoke your license to access and/or use the Site at any time and for any reason without advance notice to you.  Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Viamedia does not grant you any express or implied rights or licenses under any patents, Trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Site on another web site or in any other media.

UNAUTHORIZED USE

You agree not to access, tamper with, or use non-public areas of the Site, Viamedia’s computer systems, or the technical delivery systems of Viamedia’s providers.  You cannot use the our Trademarks or content on the Site without our prior express written consent and Trademarks and content on the Site cannot be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Viamedia’s prior written consent.  You shall not avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Viamedia or any of Viamedia’s providers or any other third party (including another user) to protect the Site.  You cannot send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.  You also shall not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site.  You cannot use the Site for any manner not permitted by these Terms of Use.  You will not take any action to interfere with the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site.  In addition, you shall not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page.  In connection with the Site, you shall not violate any applicable law or regulation, or encourage or enable any other individuals to do any of the foregoing.

CONFIDENTIAL INFORMATION

Viamedia does not want to receive confidential or proprietary information from you through the Site.  Any information or material sent to Viamedia will be deemed NOT to be confidential.  By sending Viamedia any information or material, you grant Viamedia an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information.  You also agree that Viamedia is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.  However, any personally-identifiable information that you submit to Viamedia for the purpose of receiving services will be handled in accordance with our privacy policy available at http://viamediatv.com/privacy_rights.htm.

TERMINATION

We may terminate, change, suspend or discontinue any aspect of the Site at any time.  We may restrict, suspend or terminate your access if we believe you are in breach of these Terms of Use or applicable law, or for any other reason without advance notice or liability.

DISCLAIMER

THE CONTENT CONTAINED ON THIS SITE MAY NOT BE UP-TO-DATE OR ACCURATE. THE SITE, INCLUDING ALL CONTENT AND TRADEMARKS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE."  WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE SITE OR ANY CONTENT OR TRADEMARKS THEREON.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VIAMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OR TRADEMARKS ON THE SITE.  VIAMEDIA DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  VIAMEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS, CONTENT OR TRADEMARKS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, CONTENT AND TRADEMARKS THEREON REMAINS WITH YOU.  NEITHER VIAMEDIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ANY CONTENT OR TRADEMARKS THEREON, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold us and our directors, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Site in violation of these Terms of Use or your breach of the Terms of Use.  

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) RELATED TO YOUR USE OF THE SITE EXCEED, THE GREATER OF TWENTY DOLLARS.

GOVERNING LAW

The laws of the State of Kentucky, without regard to it conflict of law rules, shall govern these Terms of Use for all matters arising from or relating to these Terms of Use or your use of this Site. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS OF FAYETTE COUNTY, KENTUCKY.

LINKS

The Site may contain links to other web sites not maintained by Viamedia.  Other web sites may also reference or link to our Site.  If you leave our Site, you should read the privacy policies and terms and conditions of the websites you visit, including from our Site.  Viamedia is not responsible for other web sites.  

CHANGES TO TERMS OF USE

We reserve the right to change, modify, add or remove any portion of the Terms of Use, as determined by Viamedia in its sole discretion.  It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.  Your continued use of the Site after any changes have been made to these Terms of Use shall constitute your affirmative acceptance of the revised Terms of Use.  Any changes to the Terms of Use will be posted on the Site and shall be effective as soon as they are posted to the Site.  

MISCELLANEOUS

Our failure to enforce any provision of these Terms of Use will not be considered a waiver of the right to enforce such provision.  The captions or titles in these Terms of Use are for convenience only and have no legal or contractual effect.  Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.