Terms Of Service
These Terms of Service (“Agreement” or “Terms”) are effective as of September 1, 2016. Your continued use of the Platform after such time will signify your acceptance of this Agreement.
This Platform is owned and operated by Aven Enterprises LLC, an Illinois corporation (“Presto.Media”, “Presto Media”, “Aven Enterprises”, “we” or “us”). All changes to the Terms must be accepted by the publisher upon notification of any changes.
This Platform is continually under development and changes in this Platform may be made at any time. Changes to the Platform do not include changes to these Terms.
“Account” means the Presto.Media Account you open when you register to become a User and use the Platform’s Services.
“Buyer” means a User that purchases Writer Services and other services from the Presto Media Platform and Presto Media in general.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Job” means the request submitted by a Buyer to Presto.Media seeking writers to satisfy a Buyer’s aim to obtain content.
“Platform” means the domain, and all subdomains, of Presto.Media
“Submission” means any and all work product developed by Writer in carrying out Writer Services as required to complete the Job and delivered to Presto.Media
“Third-Party Services” means all services that are accessible through the Platform and delivered by third parties. The term Third-Party Services does not include Presto.Media services or Writer Services.
“User” means (1) a person who makes use of the Platform on his or her own behalf, or (2) a person who makes use of the Platform on behalf of a company or organization.
“Writer” means a User that offers and delivers services through the Platform.
“Writer Contract” shall have the meaning given to it below.
“Writer Services” means all services delivered by Writers.
“Visitor” means a person who is only visiting the Platform, not a User.
Services Found on This Platform
Presto.Media makes the Platform available as a service to assist individuals or entities seeking written works to receive and pay for written Submissions. On this Platform, Buyers and Writers can do, among other things, the following:
Buyers: Post Jobs, identify terms associated with Jobs, and make edit requests to Writers.
Writers: Search through Jobs and contract to prepare and submit written works in connection with particular Jobs.
Buyer and Writer Relationship
The dealing, contracting and fulfillment of a Job are between Presto.Media and a Writer. Upon an extension of an offer to contract for a Job and Writer’s acceptance of a Job that Writer agrees to deliver, the Writer Services in accordance with the following agreements (collectively, the “Writer Contract”): (1) the Terms of Service set forth herein; (2) the Job terms as awarded and accepted on the Platform; and (3) the Presto.Media Writer Services Agreement.
Reporting and Taxes; No Employment Relationship Created
W-9 Forms. Presto.Media requires any Writer earning over $600 to submit to the Platform a complete and accurate W-9 document. All domestic Writers must submit a W-9 prior to being paid.
1099-MISC Forms. If a Writer has invoices and Presto.Media has paid Writer for $600 or more in a calendar year, Presto.Media will submit to Writers a 1099-MISC forms by the end of the first quarter of the following tax year.
Writers are solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, and all other requirements applicable to the purchase and sale of services from and by Writers. Writers agree to indemnify Presto.Media for any taxes or penalties imposed on Presto.Media by virtue of the purchase and sale of services between them on this Platform.
Writers acknowledge that they are an independent contractor and not employed by Presto.Media as an employee. As such, in addition to satisfaction of tax obligations as set forth above, Writers are solely responsible for their own license fees (if any) and normal business expenses. Writers are not entitled to any benefits available to Presto.Media employees, including, but not limited to, medical, unemployment, vacation and pension benefits. Writers are solely responsible for providing workers’ compensation, liability, and other insurance coverage, as they deem appropriate and required. Writers are solely responsible for complying with all applicable state and federal reporting and/or income requirements.
Outsourcing Of Articles By Writers
Any writer found to be outsourcing their assignments will be immediately terminated. The writer also agrees to pay an editorial fee of $50 for every article they have completed for Presto Media and its clients.
Unassigning Non-Completed Articles After 24 Hours
Writers have 24 hours to complete any assignment claimed. If the writer does not submit the article within 24 hours that article will be unassigned and any work they have completed for the article will be deleted. Presto Media is not responsible for any payment to the writer for non-completed work that is unassigned after 24 hours.
Termination Of Contract Work.
Presto Media utilizes a star-rating system for writers which consists of a scale from 1 star (worst) to 5 star (best). Presto Media reserves the write to terminate writers (contract workers) who perform at a star rating below 4 stars. The right to terminate is solely at the discretion of Presto Media.
Presto Media, an Illinois-based company, also reserves the right to terminate any contract worker at any time and for any reason under the Illinois “At Will” rules of employment.
Presto Media’s Relationship with Buyers and Writers
Presto.Media Performs a Quality Assessment of All Writers Before contracting with a Writer. We remove any writers who fall below a 4 star rating on a consistent basis.
Presto.Media vets each Writer by requesting material from a Writer that will allow Presto.Media to gain an understanding of that particular Writer’s skill and ability to meet Buyer requirements. All Writers must be highly skilled and specialized in the field in order to provide Submissions. Information is also collected from Writers when registering for an Account that Presto.Media reviews to determine a particular Writer’s background, expertise and interests.
Presto.Media Matches a Writer to a Job
When a Buyer posts a Job on the Platform, Presto.Media matches a Writer to a Buyer’s Job based on the writers area of expertise and a Buyers rating of the writer’s previous works (if any) completed for that buyer. The writer can accept or reject the Job for any reason. If the Job is accepted, the Buyer and Writer engage in connection with the Job.
Presto Media Transfers Intellectual Property to Buyers
Upon Buyer’s acceptance of a Submission, Presto.Media hereby automatically and irrevocably assigns all rights, title and interest worldwide in and to such Intellectual Property Rights concerning such Submission.
Presto Media is not liable to Buyer for any submissions accepted through the Presto Platform
Buyer agrees and acknowledges that Presto.Media shall not be held iable, under any circumstances, to any party, including Buyer, for direct, indirect, incidental, consequential, special or exemplary damages arising from or concerning any submission, whether or not Buyer has been advised of the possibility of such damages.
A Buyer’s Rights Against A Writer
Presto.Media acts specifically as an anonymous third-party marketplace for content creation between buyers and writers. If a piece of content violates copyright, is found to be plagiarized, or otherwise violates the buyer’s legal rights, Presto Media will not be held liable for legal action brought against the publisher and the publisher agrees to seek legal action against only the writer of the content. Upon request, Presto Media will provide a writer’s contact information to the buyer so they can seek legal action directly against the writer for causing any legal action brought against the buyer for plagiarism or use of copyrighted images when the publisher had specifically requested fair use images and original content.
Presto Media gives buyers the opportunity to request only fair use images for each article ordered. If the buyer does not choose that option the writer can not be held liable for copyright image violations.
Special Note To Buyers: If a piece of content is found to be plagiarized (something we strive to avoid at all costs through a plagiarism checker), we would be happy to have a different writer re-write the article at no additional cost. Please contact your Presto Media rep with any issues.
Prices and Payments
The prices posted for the amount and type of Writer Services a Buyer can purchase, including bundled packages, are displayed on the Platform and subject to change at Presto.Media discretion. Any change in these prices shall apply on a going-forward basis. Furthermore, Presto.Media reserves the right to request check payment or ACH on charges over $5,000 USD.
Authorized Payments are Final
Your use of Presto.Media constitutes your agreement to pay for any amounts that you authorize us to charge against your Account and, as appropriate, your credit card, bank account, or PayPal. Such payments, once authorized, are final.
Erroneous or Duplicate Transactions; Charge Backs
Presto.Media reserves the right to seek reimbursement from you, and you will reimburse Presto.Media, if Presto.Media discovers erroneous or duplicate transactions, or Presto.Media receives a charge back from any Buyer’s credit card company, bank, or PayPal for any reason. You agree that Presto.Media has the right to obtain such reimbursement by charging your Account, deducting amounts from future payments or withdrawals, charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs is cause for termination of your Account.
The Payment Service operates in U.S. Dollars and therefore Presto.Media is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than U.S. Dollars, nor is Presto.Media responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your Account. Payments made to Presto.Media in currency other than U.S. Dollars may take up to eight weeks to process, depending on relationships among the banking and payment systems between the two countries. Consequently, balance adjustments may be delayed.
On the 15th and 1st day of each month, Presto.Media will submit a U.S. Dollar payment to the payable balance in the Writer’s account. Currently Presto.Media uses Paypal to pay writers. The Writer’s Account will be set to zero upon successful payment.
Notwithstanding any other provision of these Terms of Service, if Presto.Media determines in its sole discretion that a Buyer or Writer has violated the conditions and restrictions of the Platform or Terms of Service, Presto.Media has the right to refuse to process the withdrawal.
Agreement to Pay
If, for any reason, Presto.Media does not receive payment for any amounts that you have authorized to be paid for Presto.Media services, you agree to pay such amount immediately upon demand by Presto.Media. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Presto.Media in collecting from you the authorized but unpaid amount. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
User Eligibility and Obligations
Presto.Media is intended solely for use by a legal entity or an individual thirteen (13) years of age or older, and any registration by, use of, or access to the Platform by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms of Service. By using the Platform, you represent and warrant (as an individual) that you are 13 or older, and further, that you agree to abide by all of the terms and conditions of this Agreement. If you are under 18, you affirm that you are either an emancipated minor or possess legal parental or guardian consent to access and use the Platform. Presto.Media may terminate your Account, Job, and any content or information that You have posted on the Platform and/or prohibit you from using or accessing the Platform for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that You are under 13.
To register for an Account with Presto.Media, you must accept all of the terms and conditions in, and linked to, this Agreement. When you do so, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Platform; (b) be financially responsible for your use of the Platform and the purchase or delivery of Writer Services; and (c) perform your obligations as specified by any Writer Contract that you accept, unless such obligations are prohibited by law or by this Agreement. Presto.Media reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone for any reason or no reason.
To become a User and access services through our Platform you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Platform, and to update this information to maintain its truthfulness, accuracy and completeness. You cannot register for more than one Account without express written permission from Presto.Media.
Each User represents, warrants, and agrees to grant access to the Account only to Users authorized to act on behalf of the User and only in accordance with this Agreement. Additionally, each User represents, warrants, and agrees to be fully responsible and liable for any action of any User who uses the Account
Your Presto.Media Account (including feedback) and Username are not transferable, and any transfer or attempted transfer to another party is null and void.
Inactive Accounts; Abandoned Accounts
If your Account has a balance, but has had no activity for at least six (6) consecutive months, your Account will be placed on “Inactive” status. Presto.Media will notify you that your Account is Inactive by sending an email to your registered email address and give you the option of keeping your Account open and maintaining the balance or withdrawing the balance. If, within thirty (30) days of such notice, your account has no activity, Presto.Media will automatically deduct and return to you the entire balance of your account minus any transaction fees.
Usernames and Passwords
When a User registers an Account, the User will be asked to choose a Username and password for the Account. As a User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the Username and password you use to access this Platform. Presto.Media will assume that any person using the Platform with your Username and password is authorized to act for you.
Links to Third Party Content
As you view this Platform, you may notice links to third-party web Platforms. These links are for convenience only. If you use these links, you will leave this Platform. Certain of these linked web Platforms may make use of Presto.Media proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Presto.Media. Presto.Media is not responsible for the availability or content of these other web Platforms or for any viruses or other damaging elements encountered in linking to a third-party webPlatform. In addition, providing links to these web Platforms should not be interpreted as endorsement or approval by Presto.Media of the organizations sponsoring such third-party web Platforms or their products or services. These Terms do not apply to any other web Platforms.
The following are prohibited activities, which could lead to the termination of a User account:
Sending or otherwise transmitting to or through this Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Platform or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
Misrepresenting your identity or affiliation in any way;
Restricting, discouraging, or inhibiting any person from using this Platform, disclosing personal information on this Platform or obtained from this Platform, or collecting information about users of this Platform;
Reverse engineering, disassembling or decompiling any section or technology on this Platform, or attempting to do any of the foregoing;
Gaining unauthorized access to this Platform, other users’ accounts, names, or personally identifiable information, or other computers or Platforms connected or linked to this Platform;
Launching or using any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
Sending or otherwise transmitting to or through this Platform chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
Violating any applicable laws or regulations or these Terms;
Assisting or permitting any persons in engaging in any of the activities described above;
You represent and warrant that any User Content (as that term is defined below) You contribute shall not be defamatory, nor shall it violate anyone’s right of privacy or publicity, not shall it infringe any copyright, trademark, patent, or other personal or proprietary right of any person or entity; or
You further represent and warrant that you will obtain releases, consents, and permissions for use of all materials, trademarks, content, and persons depicted or included in any Content you contribute.
Auto-Approval Of Articles After 7 Days
Clients have 7 days from the time of editorial submission to approve an article or request a rewrite. If the article is not approved or sent for a rewrite it will be auto-approved with no further requests allowed for the content. If a rewrite is requested, the client will have 3 days to accept or deny the rewrite after second submission. If the client does not access the article within 3 days to approve a rewrite request, the article will be auto-approved with no further editorial action allowed on the article.
Client Approval of Articles
Once an article has been approved by a client no further work will be completed for that article by Presto Media employees or contractors. The “Approve” option being selected and submitted states that the client is happy with the quality of the work presented to them. No refunds will be given and no additional work will be completed for approved assignments.
You are solely responsible for your interactions with other Users. Presto.Media reserves the right, but shall have no obligation, to monitor disputes between you and other Users.
Some areas of the Platform may allow Users to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) through the Platform, and you agree that Presto.Media is acting only as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content is published, Presto.Media does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
Presto.Media takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using this the Platform. You acknowledge that Presto.Media has no editorial control over User Content posted by Users on the Platform and is not responsible for and does not monitor such content for accuracy or reliability. Presto.Media reserves the right, but is not obligated, to reject and/or remove any User Content that Presto.Media believes, in its sole discretion, violates these provisions.
User License to Presto.Media
You retain all your ownership rights in your User Content except ownership for Writer Services, which is governed by the Writer Contract. By posting any User Content on the Platform, you expressly grant, and you represent and warrant that you have a right to grant, to Presto.Media a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, 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 Platform and Presto.Media’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels.
For clarification: Services, Content, Jobs, Identity of the Buyer, Submissions, and Writer Services are not considered User Content. Notwithstanding the foregoing, Presto.Media will only use or disclose your User Content posted to non-public areas of the Platform (such as the Workroom) to the extent necessary to provide you the services on the Platform. You also hereby grant each User of the Platform a non-exclusive license to access your User Content through the Platform, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Platform and under this Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Platform. You understand and agree, however, that Presto.Media may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Platform does not provide you a means to delete or remove are perpetual and irrevocable.
Disclaimers, Limitations and Exclusions
You are responsible for creation, storage, and backup of your business records and User Content. This Agreement and any registration for or subsequent use of the Platform will not be construed as creating any responsibility on Presto.Media’s part to store, maintain, backup, retain, or grant access to any information or data for any period.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.
Presto.Media may terminate your use of this Platform or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all Content obtained from this Platform and all copies thereof. For clarification purposes, Buyer does not need to destroy Content it paid for, Writer Services or Submissions. The provisions of these Terms concerning Platform security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitations of liability, indemnity, and jurisdictional issues shall survive any such
User Content and any other writings or materials on this Platform are provided to you “AS-IS” for your information and personal use only. You agree that you will not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any commercial or other purpose whatsoever any Content without the prior written consent of Presto.Media, or except as expressly permitted herein. If you download or print a copy of any User Content for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable, or otherwise interfere with the security related features of the Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Platform or the User Content herein. You agree not to use the Presto.Media names, logos and marks (whether registered or based on common law) for any purpose without the prior written authorization of Presto.Media.
YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, PRESTO.MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. PRESTO.MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY PLATFORMS LINKED TO THIS PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE PURCHASE OF WRITER SERVICES); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PRESTO.MEDIA’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/ OR; (VI) ANY ERRORS OR OMISSIONS IN ANY SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES MADE AVAILABLE VIA THE PLATFORM. PRESTO.MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PRESTO.MEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE PLATFORM, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE PLATFORM, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY CONTENT.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
In addition, please note that the Platform may include technical inaccuracies or typographical errors. Presto.Media has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Platform, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Presto.Media services on any particular device or communications service. Presto.Media has no obligation to provide you with notice of any such changes, and Presto.Media is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Platform.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EITHER PRESTO.MEDIA OR BUYER BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM 1) THE USE OF THIS SITE OR SERVICES OFFERED BY THE SITE; 2) THE INABILITY TO USE THIS SITE OR THE SERVICES; 3) THE MISAPPROPRIATION OF MATERIALS; OR 4) THE LOSS OF, OR DAMAGE TO, MATERIALS FOR ANY REASON, EVEN IF PRESTO.MEDIA OR A PRESTO.MEDIA AUTHORIZED REPRESENTATIVE SUCH PARTY 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 EXCLUSION MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Presto.Media, its shareholders, business partners, directors, officers, employees, agents, Users, or third party sponsors, subsidiaries, affiliates, successors, and assignees, at your sole cost and expense, from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use of the Platform and from any User Content you contribute to the Platform. Presto.Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Presto.Media in asserting any available defense. Neither party shall not settle any indemnified claim without the other party’s prior written consent. Presto.Media will indemnify, defend and hold harmless Buyer, its shareholders, business partners, directors, officers, employees, agents, Users, or third party sponsors, subsidiaries, affiliates, successors, and assignees, at your sole cost and expense, from all liabilities, claims, and expenses, including attorney’s fees, that arise from a breach by Presto.Media of these Terms. The indemnifying party shall have sole control over the defense of the matter, which Presto.Media shall cooperate at the cost of the indemnifying party. The indemnified party may participate in the matter with counsel of its own choosing at its own expense.
All trademarks, service marks, logos and trade names on this Platform, whether registered or unregistered, including but not limited to Presto.Media, are proprietary to Presto.Media or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
This Platform is controlled and operated by Presto.Media from its offices within the State of Illinois, United States of America. Presto.Media makes no representation that materials in the Platform are appropriate or available for use in other locations. Those who choose to access this Platform from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Platform from jurisdictions where the contents of this Platform are illegal or penalized is prohibited.
Entire Agreement; No Waiver; Severability
Claims of Copyright Infringement
Presto.Media respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), you are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to Presto.Media’s designated agent along with the following information:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
A description of the copyright work that you claim has been infringed and a description of the infringing activity;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Platform where it is posted or the name of the book in which it has been published;
Identification of the URL or other specific location on the Platform where the material that You claim is infringing is located, including enough information to allow Presto.Media to locate the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in Your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
We have a policy of terminating accounts of repeat infringers. A repeat infringer includes any User who has submitted or posted two or more pieces of Content for which we receive a notice of infringement. You agree that if your account is terminated pursuant to these Terms, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated you indemnify and hold us harmless from any and all liability that we may incur therefore.
Governing Law; Venue
These Terms and the validity, construction, and performance thereof will be governed in all respects by the laws of the State of California, without regard to its choice of law provisions. You irrevocably agree that any action proceeding arising from or relating to this Agreement may be brought only in the courts of California or the U.S. District Court located in San Francisco, California; and, you consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and waive any objection to proceeding in such venue, including that the forum is inconvenient.
If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to [email protected] and if you need an address use 501 N. Main St. #2, Bloomington IL 61701