Welcome to the website operated by Media Predict, Incorporated (the “Site”). These Terms of Use are for the members, users, and others who visit and use the Site (collectively or individually “Users”). BEFORE USING THE SITE, PLEASE READ CAREFULLY THE FOLLOWING CONDITIONS AND TERMS OF USE. BY ACCESSING, BROWSING, AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES BELOW, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SITE.

Privacy Policy

The Site’s Privacy Policy (available at http://www2.mediapredict.com/privacy) is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

Age Restriction

THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 18. If you are under 18 years of age, then please do not use the Site.

Content Restriction

Media Predict will not post on its site any materials that Media Predict determines consist of pornographic material, literary erotica, political propaganda, or any content deemed to be racist or hateful in any way toward any identifiable group or class of people.

Features and Sites

When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific media, services, and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.

Modifications to the Terms; Third-Party Terms

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms shall automatically be effective after they are initially posted on the Site. Please note that additional and/or different conditions and terms of use may apply to media, or services provided through one or more of our partners or business associates, and you should refer to those before using such services.

Availability of Site

The Site may change or certain media, features or services available within the Site may be discontinued at any time, and without notice. The media or services on the Site may be out of date, and Media Predict makes no commitment to update these materials on the Site.

Ownership

The Site is owned and operated by Media Predict, Incorporated (”Media Predict”). The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site that are provided by Media Predict (”Media Predict Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Media Predict Materials do not include User Submissions or any other content owned by and submitted by Media Predict Users to the Site. All Media Predict Materials contained on the Site are the copyrighted property of Media Predict or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Media Predict or its affiliates and/or third-party licensors. Except as expressly authorized by Media Predict, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Media Predict Materials.

Disclaimer Regarding Information

Media Predict does not guarantee the veracity, reliability or completeness of any information provided through the Site or through any hyperlink accessed through the Site. Your use of the Site and use or reliance upon any of the materials through the Site is solely at your own risk. In no event will Media Predict, its affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on any content available through the Site.

Monitoring Users and Content

Media Predict does not control the content posted by Users and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you submit on the Site. If at any time, Media Predict chooses, in its sole discretion, to monitor the content, Media Predict nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.

User Submissions to Discussion Boards, Profiles, and Other Areas

The Site may permit the direct submission and posting of media, comments or any other content submitted by you and other users (”User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Media Predict does not guarantee any confidentiality with respect to any User Submissions.

For clarity, the following terms apply to direct User Submissions to areas of the site such as posts to discussion boards, comments on blog posts, and user profiles. They do not apply to author submissions of book proposals for display and evaluation on the Media Predict site, which are governed by separate agreements bewteen Media Predict and authors and/or agents.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Media Predict to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Media Predict and these Terms, and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Media Predict and these Terms.

You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Site, you hereby grant Media Predict a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, sell, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Site and Media Predict’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant to each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Site and these Terms. The aforementioned licenses will terminate when User or Media Predict removes User’s Submission(s) from the Site.

In connection with User Submissions, you further agree that you will not: (i) submit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant Media Predict all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Media Predict or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. Media Predict does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Media Predict expressly disclaims any and all liability in connection with User Submissions. If notified by a user or a content owner of a User Submission that allegedly does not conform to these Terms, Media Predict may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. Additionally, Media Predict may, at any time, remove any User Submission that in the sole judgment of Media Predict violates this Agreement.

You understand that when using the Site you will be exposed to User Submissions from a variety of sources, and that Media Predict is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Media Predict with respect thereto, and agree to indemnify and hold Media Predict, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

Media Predict permits you to link to your own User Submissions hosted on the Site or User Submissions of other third parties available on the Site for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an “as-available” basis and Media Predict does not guarantee that their availability will be uninterrupted or bug free. Media Predict reserves the right to discontinue any aspect of the Site at any time, including the right to discontinue the display of any User Submissions or linked or embedded content either generally or specifically.

Project Publish 

Entrants who submit literary proposals for the Project Publish Contest acknowledge that publisher prize supplier has an extensive history of creating and publishing books.  Entrants further acknowledge that books that publisher may publish at any time in the future may duplicate, parallel or resemble the entrant’s book proposal and may have originated with or may have been acquired from publisher’s employees or others.  Publisher’s use of material containing features and elements similar to or identical with those contained in an entrant’s book proposal does not entitle such entrant to any compensation.  By submitting a book proposal, entrant waives any right of action against publisher or its successors and assigns in connection with the publisher’s publication of any book(s) in the future in any media now known or hereafter devised, or any part thereof, whether or not the book(s) contain features similar to or identical to those contained in an entrant’s book proposal.

 Prohibited Uses

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Access to the Media Predict Materials and the Site from territories where their contents are illegal is strictly prohibited. Media Predict Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.

Any use by User of any of the Media Predict Materials other than for private, non-commercial use is strictly prohibited.

You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site. You may not intentionally interfere with or damage the operation of the Site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site. You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

You may not utilize framing techniques to enclose any trademark, logo, or other Media Predict Materials without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the name of the Site or associated trademarks or Media Predict’s name or trademarks without our express written consent.
You may not deep-link to the Site and will promptly remove any links that Media Predict finds objectionable in its sole discretion. You may not use any logos, graphics, or trademarks of Media Predict or those related to the Site as part of the link without our express written consent.

You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

Account Information and Password

You agree that the information you provide to the Site upon member registration and, at all other times, regarding your account information, will be true, accurate, current, and complete. You also agree that you will ensure that this account information is kept accurate and up-to-date at all times If you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify the Site. You may be liable for the losses incurred by the Site, Media Predict, or others due to any unauthorized use of your account.

User Communications

Under these Terms, you consent to receive communications from the Site electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Customer Service

Please visit our Contact Us information page for further assistance.

Notice

Except as explicitly stated otherwise, legal notices shall be served on the Site’s national registered agent or to the email address you provide to the Site during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.

Member Disagreements

You alone are responsible for your involvement with other Users. The Site reserves the right, but has no obligation, to monitor disagreements between you and other Users.

Violations; Termination

You agree that Media Predict, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have at the Site or your use of the Site, and remove and discard all or any part of your account or any User Submission, at any time. Media Predict may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Media Predict shall not be liable to you or any third-party for any such termination. Media Predict does not knowingly permit copyright infringing activities on the Site, and reserves the right to terminate access to the Site, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Media Predict may have at law or in equity.

No Warranties

THE SITE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIA PREDICT, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MEDIA PREDICT, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SITE 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. MEDIA PREDICT, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MEDIA PREDICT NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and hold Media Predict, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Media Predict reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MEDIA PREDICT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE MATERIALS ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH MEDIA PREDICT, EVEN IF MEDIA PREDICT OR A MEDIA PREDICT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MEDIA PREDICT’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MEDIA PREDICT’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN MEDIA PREDICT AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE.

Digital Millennium Copyright Act Compliance

If you are a copyright owner or an agent thereof, and believe that any User Submission or other content hosted on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Site to locate the material;
4. Information reasonably sufficient to permit the Site to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Site’s designated Copyright Agent to receive notifications of claimed infringement is: McKee, Voorhees & Sease, 801 Grand Avenue, Suite 3200, Des Moines, Iowa 50309, email: termsofuse@mediapredict.com, phone: 650-493-9300, fax: 650-493-6811.

For clarity, only DMCA notices should go to the Site’s Copyright Agent; any other feedback, comments, requests for technical support, or other communications should be directed to the Site’s customer service and such contact information is available at the Contact Us page. You acknowledge that if you fail to comply with all of the requirements of this Section 19 your DMCA notice may not be valid.

Linking to and Embedding from External Sites

Media Predict may link to external sites as a means for Media Predict users to evaluate a given media work or artist. Media Predict may also embed on Media Predict pages streaming content from external sites as a means for users to evaluate the a given media work or artist. Media Predict provides such links and streaming content strictly as a means of assessing the current level of a media product’s and/or media producer’s internet presence. Media Predict does not endorse or control information on these external sites, and relies upon the adminsitrators of these sites to prevent the appearance of any copyright-infringing material on these sites.  

Miscellaneous

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts in and for New York County, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Media Predict without restriction.

Survival. The Sections entitled “Ownership”, “No Warranties”, “Indemnification”, “Limitation of Liability”, and “Miscellaneous” will survive any termination of these Terms.

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Media Predict as set forth in Section 3 above.

Claims. YOU AND MEDIA PREDICT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Disclosures. The services hereunder are offered by Media Predict located in New York, NY, email: info (at) Mediapredict (dot) com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.