Introduction
These terms and conditions (the “Terms of Use”) between you and 4C Media Co. (“4C Media Co.”, “us”, “we”, or “our”), govern your use of the www.4cmediaco.com website (the “Website”), 4C Media Co. and any online research, search, data or membership services, dashboards, applications and any other content, materials, products or services 4C Media Co. makes available to its users, members, subscribers and customers, in any media, form or format, now known or hereafter to become known (collectively, the “Service”); by using or accessing the Service you accept these Terms of Use in full along with 4C Media Co.’s Privacy Policy, which can be found at https://www.4cmediaco.com/privacy-policy. If you disagree with any part of these Terms of Use or 4C Media Co.’s Privacy Policy, you must not use or access any Service or portion thereof.
Eligibility
You may use the Service only if you can form a binding contract with 4C Media Co., and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. You shall not access a Service if you have been previously removed from any Service by 4C Media Co..
Ownership of the Service
Unless otherwise stated, 4C Media Co. owns the right, title and interest in the Service (including any content, data and/or analytics made available through the Service) and all enhancements, modifications or derivative works thereof. Subject to the license below, all of these intellectual property rights are reserved by us. All rights not specifically granted to you in these Terms of Use are retained by us. You acknowledge the proprietary rights of 4C Media Co. and its licensors in the Service.
Your Use of the Service
You may view, download for caching purposes only, and print pages from the Newsletter, Website and any other content or content platform included in the Service for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
You must not:
- sell, rent or sub-license the Service, including any content posted, emailed, transmitted, or otherwise made available through the service, including content in a Newsletter or on a Website (the “Content”);
- reproduce, duplicate, copy, alter, change, modify, adapt, translate, make derivative works of or otherwise exploit any Content for a commercial purpose;
- republish or redistribute Content (including republication on another website or app) except for as provided in Permitted Sharing below;
- show any Content in public except for as provided in Permitted Sharing below;
- use a group inbox to subscribe to a Newsletter;
- share Newsletters or any Content therein beyond the limits provided in Permitted Sharing below.
- attempt to gain, or assist others with attempting to gain unauthorized access to our network, systems, the Service or Content; or
- decipher, decompile, disassemble, or reverse engineer the Service or assist or encourage any third party to do so.
Acceptable Use
You must not:
- use the Service in any way that causes, or may cause, damage to the Service or impair the availability or accessibility of the Service;
- use the Service or any Content in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service or the Content.
- use the Service or any Content for any purposes related to marketing without 4C Media Co.’s express written consent;
- transmit any virus or programming routine intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information; engage in any activity that violates the rights of others or that interferes with or disrupts the Service; or
- upload any file containing any back door, time bomb, Trojan horse, worm, virus or similar malicious code.
Restricted access
Access to certain areas of the Website is restricted. 4C Media Co. reserves the right to restrict access to other areas of the Service in whole or in part, at 4C Media Co.’s discretion.
If 4C Media Co. provides you with a user ID and password, you must ensure that the user ID and password are kept confidential. You are solely responsible for maintaining the security of your password. If you believe an unauthorized person has access to your password, you must immediately (i) contact us at admin@4cmediaco.com, and (ii) and change your password.
If 4C Media Co. provides you with an RSS feed that includes restricted Content, you may not share that feed or use it in any application other than an RSS feed reader. 4C Media Co. may disable your RSS access at any time at its sole discretion without notice or explanation.
4C Media Co. may disable your user ID and password in 4C Media Co.’s sole discretion without notice or explanation; provided that you shall be reimbursed for the pro rata portion of the unused Service if paid for prior to the termination.
Our Right to Change the Service and Content.
4C Media Co. reserves the right to update or remove any features, functionality and other characteristics of the Service or Content at any time for any reason.
User Content
In these Terms of Use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to us, for whatever purpose.
You grant to 4C Media Co. a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, license to use, copy, reproduce, modify, adapt, create derivative works of, publish, translate and distribute your user content in any existing or future media. You also grant to 4C Media Co. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
By submitting suggestions, enhancement requests, recommendations or other feedback to us (“Feedback”), you hereby grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable, license to use and incorporate Feedback into our products and services without restrictions of any kind.
You represent and warrant to 4C Media Co. that you have the right to grant such licenses to 4C Media Co..
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or 4C Media Co. or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
4C Media Co. reserves the right to edit or remove any material submitted to us, or stored on our servers, or hosted or published in connection with any Service.
Notwithstanding 4C Media Co.’s rights under these Terms of Use in relation to user content, 4C Media Co. does not undertake to monitor the submission of such content to, or the publication of such content on, the Service.
By making any user content available to us, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to 4C Media Co. a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service, and any other product now existing or later developed by 4C Media Co. (and its successors’ and affiliates’) including without limitation for promoting and redistributing part or all of a Service (and derivative works thereof) in any media formats and through any media channels.
To Other Users: You also hereby grant each user of the Service a non-exclusive royalty free license to access your user content.
No Warranties
NOTHING CONTAINED IN THE SERVICE CONSTITUTES, OR IS MEANT TO CONSTITUTE, FINANCIAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY FINANCIAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. YOU ARE AWARE OF AND AGREE THAT 4C MEDIA CO. SHALL NOT BE RESPONSIBLE FOR ANY LOSS THAT YOU SUFFER AS A RESULT OF ANY FINANCIAL TRANSACTION, REGARDLESS OF WHETHER OR NOT YOU ENTER SUCH TRANSACTION BASED IN ANY WAY UPON ANYTHING YOU LEARN FROM THE WEBSITE, NEWSLETTER AND ANY OTHER PART OF THE SERVICE. 4C MEDIA CO. IS NOT YOUR FINANCIAL ADVISOR AND WHEN IT COMES TO MAKING FINANCIAL DECISIONS, YOU ARE ON YOUR OWN.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 4C MEDIA CO. , ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
4C MEDIA CO. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH 4C MEDIA CO. SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND 4C MEDIA CO. WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY HERETO OR THEIR RESPECTIVE MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM CONTENT OR USE OF, OR INABILITY TO USE, ANY SERVICE OR CONTENT. UNDER NO CIRCUMSTANCES WILL 4C MEDIA CO. OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, CONTRACTORS AND AGENTS (COLLECTIVELY, THE “RELATED PARTIES”) BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY THE SERVICE OR ANY CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 4C MEDIA CO. AND ITS RELATED PARTIES SHALL HAVE NO, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR, ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREON; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT; (VII) VIOLATION OF ANY PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL 4C MEDIA CO. OR ITS RELATED PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO 4C MEDIA CO. HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF 4C MEDIA CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
4C Media Co. makes no representations that any Service or Content is appropriate or available for use in locations outside the United States. Those who access or use a Service or Content from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Reasonableness
By using any Service, you agree that the exclusions and limitations of liability set out above are reasonable.
If you do not think they are reasonable, you must not use the Service.
Indemnity
You hereby indemnify and hold harmless 4C Media Co. and its Related Parties against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid to a third party in settlement of a claim or dispute) incurred or suffered by 4C Media Co. arising out of
- any actual or alleged breach by you of any provision of these Terms of Use, or any other policy of 4C Media Co. and its affiliates provided or made available to you;
- any allegations that your user content or your use of Services or Content in violation of these Terms of Use, infringes the intellectual property rights of any person or entity;
- judgments as to the valuation, hedging of, or purchase or sale of portfolios or any securities and other related financial instruments in which you transact; and
- any damages or losses (including losses in value) arising from conclusions or business decisions made by you with respect to any matter, whether or not based to any extent on the Service or Content, including any data, analyses or recommendations contained therein.
Breaches of these Terms of Use; Suspension; Termination
Without prejudice to 4C Media Co.’s other rights under these Terms of Use, if you breach these Terms of Use in any way, 4C Media Co. may take such action as 4C Media Co. deems appropriate to deal with the breach, including suspending your access to any or all of the Service or Content, prohibiting you from accessing the any or all of the Service or Content, blocking computers using your IP address from accessing the any or all of the Service or Content, contacting your internet service provider to request that they block your access to the Service and/or Content, and bringing court proceedings against you.
4C Media Co. may also take such actions if it is required to do so by law (e.g., the provision of Service or Content to you is, or becomes, unlawful); the provision of the Service or Content to you by 4C Media Co. is, in 4C Media Co.’s opinion, no longer commercially viable; or 4C Media Co. has elected to discontinue the Service or Content (or any part thereof).
4C Media Co. may suspend or restrict access to the Service or Content at any time with or without notice to allow 4C Media Co. or its suppliers to carry out updating, maintenance and repairs of the Service and Content.
Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service and Content must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service and Content at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. There are no refunds.
Variation
We may update these Terms of Use from time to time. We will notify you of any changes by posting the new terms and conditions on this page, updating the “effective date” at the top of these Terms of Use and taking any other steps required by applicable laws (such as letting you know via email and/or a prominent notice on our Service, prior to the change becoming effective).
You are advised to review these Terms of Use periodically for any changes.
Assignment
4C Media Co. may transfer, sub-contract or otherwise deal with 4C Media Co.’s rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. In the event of a sale or intended sale of the 4C Media Co. or any of its assets including a transfer of assets in bankruptcy, information that you provide us (including your registration information) may be transferred to a purchaser without any notice to you.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.
Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities or include content provided or owned by third parties (collectively “Third-Party Materials”) that are not owned or controlled by 4C Media Co.. 4C Media Co. does not endorse or assume any responsibility for any such Third-Party Materials. If you access Third-Party Materials from or in the Service, you do so at your own risk, and you understand that these Terms of Use and 4C Media Co.’s Privacy Policy do not apply to your use of such Third-Party Materials. You expressly relieve 4C Media Co. from any and all liability arising from your use of or reliance on any Third-Party Materials. Additionally, your dealings with or participation in promotions of advertisers or other third parties found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and the applicable third party. You agree that 4C Media Co. shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
All such Third-Party Materials shall remain the property of their third-party providers.
Entire agreement
These Terms of Use constitute the entire agreement between you and 4C Media Co. in relation to your use of the Newsletter and Website, and supersede all previous agreements in respect of your use of the Newsletter and Website.
Law and jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws of TEXAS, without reference to its internal choice of law principles, and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the courts of TEXAS.
Arbitration; Class Action Waiver
Arbitration; You and we agree that any dispute arising out of or relating to this Agreement or the Service, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf).
This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND 4C MEDIA CO. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys’ fees. If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator’s rules or applicable law.
Tracking Data
If you have a question or complaint about 4C Media Co, our products, or our Site, please contact us via e-mail at admin@4cmediaco.com.
Contact
You can contact 4C Media Co. by email to admin@4cmediaco.com.
