Terms of Service

1. Acceptance of these terms

These Terms of Service ("Terms") govern your access to and use of BroadcastMediaInc.com and any content, functionality and services offered on or through it (the "Site"), operated by Broadcast Media Inc ("Broadcast Media", "we", "us" or "our"). By accessing or using the Site you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.

2. Eligibility

You must be at least the age of majority in your jurisdiction and able to form a binding contract to use the Site. If you use the Site on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.

3. Changes to these terms

We may revise these Terms at any time by posting an updated version with a new "Last updated" date. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

4. Permitted use and license

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for your own personal or internal business purposes. You agree not to:

• Copy, reproduce, republish, frame, scrape, sell or exploit any part of the Site except as expressly permitted.
• Use the Site in any way that violates applicable law or these Terms, including our Acceptable Use Policy.
• Interfere with, disrupt, or attempt to gain unauthorised access to the Site, its servers or networks.
• Introduce malware, automated agents or any code intended to harm, overburden or impair the Site.
• Remove, obscure or alter any copyright, trademark or other proprietary notices.

5. Intellectual property

The Site and its content — including text, graphics, logos, designs, code, layout and the "Broadcast Media" name and marks — are owned by Broadcast Media Inc or our licensors and are protected by intellectual-property laws. Except for the limited licence above, nothing in these Terms transfers any right, title or interest in the Site to you. Ownership of deliverables created for clients is governed by the separate engagement agreement for that work.

6. Submissions and communications

If you send us ideas, feedback, enquiries or other materials through the Site, you grant us a non-exclusive, royalty-free, worldwide licence to use them for the purpose of responding to you and operating and improving the Services. Do not send confidential information through the contact form; please use a secure channel once an engagement is established. We treat the personal data in your submissions in accordance with our Privacy Policy.

7. Professional services and separate agreements

The Site is informational. Any design, development or marketing engagement is governed by a separate written agreement, proposal or statement of work ("Engagement Agreement") signed by you and Broadcast Media. In the event of a conflict between these Terms and an Engagement Agreement regarding that work, the Engagement Agreement controls. Quotes and estimates on or via the Site are non-binding until confirmed in an Engagement Agreement.

8. Third-party links and services

The Site may contain links to, or rely on, third-party websites and services that we do not control. We are not responsible for the content, policies or practices of any third party, and your dealings with them are solely between you and that third party.

9. Disclaimer of warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components, or that any information on it is accurate, complete or current. See also our Disclaimer.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Broadcast Media Inc AND ITS OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11. Indemnification

You agree to indemnify, defend and hold harmless Broadcast Media Inc and its personnel from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or connected with your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Provisions that by their nature should survive termination — including intellectual-property, disclaimer, limitation-of-liability and indemnification terms — will survive.

13. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Site will be subject to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming, United States, and you consent to personal jurisdiction there. Nothing in this section prevents either party from seeking injunctive relief to protect its intellectual property.

14. General

• Entire agreement — these Terms, together with our policies referenced here and any applicable Engagement Agreement, are the entire agreement between you and us regarding the Site.
• Severability — if any provision is held unenforceable, the remaining provisions stay in full force.
• Waiver — our failure to enforce any right or provision is not a waiver of it.
• Assignment — you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure — we are not liable for delays or failures caused by events beyond our reasonable control.

15. Contact us

Questions about these Terms can be sent to [email protected], 1 877 634 4111, or Broadcast Media Inc, 1712 Pioneer Ave., Ste 500, Cheyenne, WY 82001.