Thank you for your interest in using the online services (the “Service”) operated by Malt Shovel Media, LLC and offered through the Malt Shovel Media network of websites (the “Sites”). These Terms of Service (“Terms”) govern your use of the Service and the Sites (collectively, the “Malt Shovel Media Network”). Please read these Terms carefully. By using the Malt Shovel Media Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the Malt Shovel Media Network.
- Your Responsibilities.
- User Submissions.
- Copyright Infringement.
Malt Shovel Media respects the intellectual property rights of others. Accordingly, Malt Shovel Media has a policy of removing User Submissions that violate copyright law, suspending access to the Malt Shovel Media Network (or any portion thereof) to any user who uses the Malt Shovel Media Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Malt Shovel Media Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Malt Shovel Media has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Malt Shovel Media Network, please provide written notice to the following Malt Shovel Media agent for notice of claims of copyright infringement.
Malt Shovel Media, LLC
Copyright Claims Agent
5201 Kingston Pike
Knoxville, TN 37919
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Malt Shovel Media to locate that material; (d) contain adequate information by which Malt Shovel Media can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to Malt Shovel Media’s designated agent.
Malt Shovel Media may terminate your Malt Shovel Media Network membership or suspend your access to all or part of the Malt Shovel Media Network, without notice, if you violate these Terms or you engage in any conduct that Malt Shovel Media, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Malt Shovel Media, any other Malt Shovel Media Network user, or any third party. YOU AGREE THAT MALT SHOVEL MEDIA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE MALT SHOVEL MEDIA NETWORK (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Malt Shovel Media Network at any time. Malt Shovel Media reserves the right to investigate your use of the Malt Shovel Media Network in the event Malt Shovel Media, in its sole and absolute discretion, believes you have violated these Terms.
- Modifications To Terms.
Malt Shovel Media may, in its sole and absolute discretion, change these Terms from time to time. Malt Shovel Media will post notice of such changes on the Sites. If you object to any such changes, your sole recourse shall be to cease using the Malt Shovel Media Network. Continued use of the Malt Shovel Media Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Modifications To Malt Shovel Media Network.
Malt Shovel Media reserves the right to modify or discontinue the Malt Shovel Media Network with or without notice to you. YOU AGREE THAT MALT SHOVEL MEDIA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD MALT SHOVEL MEDIA EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE MALT SHOVEL MEDIA NETWORK.
Malt Shovel Media reserves the right at any time to charge fees for access to new Malt Shovel Media Network content or services or to portions of the existing Malt Shovel Media Network content or services or to the Malt Shovel Media Network as a whole. In no event will you be charged for access to any Malt Shovel Media Network content or service, or to the Malt Shovel Media Network as a whole, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
- Password and Security.
You are responsible for maintaining the confidentiality of your Malt Shovel Media Network password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Malt Shovel Media of any unauthorized use of your password or any other breach of security related to the Malt Shovel Media Network. Malt Shovel Media reserves the right to require you to alter your password if Malt Shovel Media believes that your password is no longer secure. YOU AGREE THAT MALT SHOVEL MEDIA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
Malt Shovel Media’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Malt Shovel Media’s endorsement of such other Web site or resource or its contents. YOU AGREE THAT MALT SHOVEL MEDIA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.
- No Commercial Use.
You may not resell, distribute, make any commercial use of (other than to keep and share information for your own business purposes), use on a timeshare or service bureau basis, or use to operate a Web site or otherwise generate income from the Malt Shovel Media Network.
- Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE MALT SHOVEL MEDIA NETWORK IS AT YOUR SOLE RISK. THE MALT SHOVEL MEDIA NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MALT SHOVEL MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MALT SHOVEL MEDIA NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). MALT SHOVEL MEDIA MAKES NO WARRANTY THAT THE MALT SHOVEL MEDIA NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE MALT SHOVEL MEDIA NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE MALT SHOVEL MEDIA NETWORK IS NOT GUARANTEED AND THAT MALT SHOVEL MEDIA SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE MALT SHOVEL MEDIA NETWORK OR ITS UNAVAILABILITY. MALT SHOVEL MEDIA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MALT SHOVEL MEDIA NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MALT SHOVEL MEDIA NETWORK, OR THAT DEFECTS IN THE MALT SHOVEL MEDIA NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MALT SHOVEL MEDIA NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MALT SHOVEL MEDIA OR THROUGH THE MALT SHOVEL MEDIA NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Limitation of Liability.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MALT SHOVEL MEDIA OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT) USE OF THE MALT SHOVEL MEDIA NETWORK.
- Exclusions And Limitations.
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 and disclaimers may not apply to you. To the extent that Malt Shovel Media may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Malt Shovel Media’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Malt Shovel Media, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Malt Shovel Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Malt Shovel Media’s defense of such claim.
“Malt Shovel Media” and the Malt Shovel Media design, as well as certain other of the names, logos, and materials displayed in the Malt Shovel Media Network constitute trademarks, trade names, service marks or logos (“Marks”) of Malt Shovel Media or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Malt Shovel Media or those other entities.
- Copyrights; Restrictions on Use.
The content on the Sites (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Malt Shovel Media or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Malt Shovel Media and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that Malt Shovel Media makes available through the Malt Shovel Media Network and any additional terms to which you agree when using particular elements of the Malt Shovel Media Network (e.g., terms specific to a site within the network of Sites or relating to the payment of fees for certain Malt Shovel Media Network content or services), constitute the entire and exclusive and final statement of the agreement between you and Malt Shovel Media with respect to the subject matter hereof, and govern your use of the Malt Shovel Media Network, superseding any prior agreements or negotiations between you and Malt Shovel Media with respect to the subject matter hereof. In the event of any conflict between these Terms and terms of a specific site within the network of Sites, these Terms shall govern. These Terms and the relationship between you and Malt Shovel Media shall be governed by the laws of the State of Tennessee as applied to agreements made, entered into, and performed entirely in Tennessee by Tennessee residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Malt Shovel Media Network shall be brought in the Federal or State courts located in Knox County, Tennessee, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Malt Shovel Media to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Malt Shovel Media and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Malt Shovel Media Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 11 through 17 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Malt Shovel Media Network.