Terms of Service

OVERVIEW

These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, APIs, email notifications, applications, ads, commerce services, store, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.

These Terms are an agreement between you and Terabyte Media LTD, located at 46 Plaza Dr #1043, Chagrin Falls, OH 44022, U.S.A. (the "Company). The words “we,” “us,” and “our” mean Terabyte Media LTD.

SECTION 1 - AUTHORIZED USERS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in the appropriate jurisdiction, and that you have the right and power to agree to these Terms. If you are not of the age of majority in the appropriate jurisdiction, your legal guardian must agree to these Terms on your behalf. Individuals under the age of 13 are not permitted to use or access the Services, regardless of parental permission.

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our products or use of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 

SECTION 2- PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts ;(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 3 - DATA PRIVACY

Your submission of personal information through our Services is governed by our Privacy Policy. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available via the Services is not accurate, complete or current. The material provided via the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material from the Services is at your own risk. We reserve the right to modify the Services or their contents at any time, but we have no obligation to update any information published on our sites. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue any product or Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PHYSICAL PRODUCTS

We have made every effort to display as accurately as possible the colors and images of any products we sell. We cannot guarantee that your computer monitor's display of any color will be accurate. Products sold on our website may have limited quantities and are subject to return or exchange only according to our Return Policy. 

SECTION 7 - DIGITAL PRODUCTS

If you are subscribed to a recurring payment, we will notify you at least one billing cycle in advance of any changes effecting your subscription pricing.  We reserve the right to discontinue any Service at any time. We do not warrant that the quality of the Services purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Purchases of digital products and Services are not refundable under any circumstances. 

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 9 - THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content of third-party sites. We shall not be liable to you or any third party for your use of third-party sites, or for any harm or damages related to the purchases or transactions made in connection with any third-party websites

SECTION 10 - USER-GENERATED CONTENT

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the maximum extent permitted according to law, the Company and our parent, subsidiaries, affiliates, contractors, licensors, service providers, suppliers, and employees shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of (or inability to use) the Services. The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort, or otherwise, and whether or not the Company has been informed of the possibility of any such damage.

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, contractors, licensors, service providers, suppliers, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 12 - JURISDICTION

These Terms are and will be governed, construed, and administered according to the laws of the State of Ohio in the United States of America, as they may be amended from time to time. The venue for any dispute arising under these Terms will be the County of Cuyahoga in the State of Ohio.

SECTION 13 - SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the remaining provisions are to be construed as if the invalid provision was never included. 

SECTION 14 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms or the documents they incorporate by reference, we may terminate this agreement at any time without notice and you will remain liable for all amounts due prior to the date of termination.

SECTION 15 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.