This statement covers all of the 2ndThird Media LLC websites and any associated content including email and RSS. Please read this statement carefully before using proceeding to access any of the 2ndThird Media LLC websites. Your use of the 2ndThird Media LLC websites indicates your agreement to abide by the Terms in effect.
Trademarks and Copyrights
2ndThird Media LLC websites and all materials incorporated by 2ndThird Media LLC on 2ndThird Media LLC websites (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by 2ndThird Media LLC on 2ndThird Media LLC websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or others (“Trademarks”). 2ndThird Media LLC respects the intellectual property rights of others and asks users of 2ndThird Media LLC websites to do the same.
Your Use of Material
You may access and display Material and all other content displayed on 2ndThird Media LLC websites for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on 2ndThird Media LLC websites may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by 2ndThird Media LLC. Any authorization to copy Material granted by 2ndThird Media LLC in any part of 2ndThird Media LLC websites for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on 2ndThird Media LLC websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Your User Submissions and Conduct
A. You may submit picture content (“User Pictures”) and textual content (“User Comments”) to 2ndThird Media, LLC via photo upload function on theepicengine.com or via email. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, 2ndThird Media, LLC does not guarantee any confidentiality with respect to any User Submissions.
B. 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: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize 2ndThird Media, LLC to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service.
C. You acknowledge and agree that, to the maximum extent permitted by lax, the entire risk arising out of your access to and use of the site, application, services and site content remains with you. You agree to defend, indemnify, and hold 2ndThird Media, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising from or in any way connected with (i) your access to or use the Site, Application, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.
D. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to 2ndThird Media, LLC, you hereby grant 2ndThird Media, LLC a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Service.
E. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, 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 the material and to grant 2ndThird Media, LLC all of the license rights granted herein.
F. You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time.
G. 2ndThird Media, LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and 2ndThird Media, LLC expressly disclaims any and all liability in connection with User Submissions. 2ndThird Media, LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and 2ndThird Media, LLC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. 2ndThird Media, LLC reserves the right to remove Content and User Submissions without prior notice.
H. If you provide feedback to us regarding the Websites, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
External Link Disclaimer
2ndThird Media LLC websites contain links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of current news stories.
By providing links to other sites, 2ndThird Media LLC does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the 2ndThird Media LLC website in question.
2ndThird Media LLC does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to 2ndThird Media LLC websites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
In order to make our Comments interesting and informative for our users, the following guidelines must be adhered to by all users posting and/or viewing comments:
* If a comment is made using your identity it will be deemed to have been posted by you.
* Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
* Do not intentionally make, false or misleading statements.
* Do not offer to sell or buy any product or service.
* Do not post material that infringes copyright.
* Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
* Do not question why a previous comment was removed.
* Keep all comments relevant and ‘on topic’ to the particular 2ndThird Media LLC website posting open for comments.
* 2ndThird Media LLC will not accept responsibility for information posted in the Comments.
If 2ndThird Media LLC receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, 2ndThird Media LLC may remove that posting and/or any other related postings.
Notification of Changes
2ndThird Media LLC has the right to edit and/or alter any submission. 2ndThird Media LLC reserves the right not to use the submission at all and/or to use as much or as little of the submission as it chooses.
By submitting your videos/photos, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to 2ndThird Media LLC a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit the materials you submit, or any portion thereof, as incorporated in any of 2ndThird Media LLC’s programming or the promotion thereof, in any manner and in any medium or forum, whether now known or hereafter devised, without making payment to you or any third party. You represent and warrant to 2ndThird Media LLC that you have the full legal right, power and authority to grant to 2ndThird Media LLC the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. You agree to indemnify, defend and hold harmless 2ndThird Media LLC, its parent and affiliated companies, its and their licensees, successors and assigns, and each of its and their officers, agents and employees from all liabilities or losses, including, without limitation, reasonable attorneys’ fees, arising out of or related to 2ndThird Media LLC’s exercise of the rights granted herein. This license shall be governed by the laws of the State of Illinois.
Disclaimer of Warranties
YOUR USE OF 2ndThird MEDIA LLC WEBSITES IS AT YOUR OWN RISK. 2ndThird MEDIA LLC AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN 2ndThird MEDIA LLC ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 2ndThird MEDIA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2ndThird MEDIA LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN 2ndThird MEDIA LLC WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT 2ndThird MEDIA LLC’S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 2ndThird MEDIA LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN 2ndThird MEDIA LLC OR ANY SITES LINKED TO 2ndThird MEDIA LLC IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 2ndThird MEDIA LLC MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN 2ndThird MEDIA LLC WILL NOT INFINGE THE RIGHTS OF OTHERS AND 2ndThird MEDIA LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF 2ndThird MEDIA LLC. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
2ndThird MEDIA LLC DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, 2ndThird MEDIA LLC OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON 2ndThird MEDIA LLC, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF 2ndThird MEDIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT 2ndThird MEDIA LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON 2ndThird MEDIA LLC WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF 2ndThird MEDIA LLC OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. 2ndThird MEDIA LLC DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF 2ndThird MEDIA LLC. 2ndThird MEDIA LLC MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Our Use of Content
2ndThird Media LLC will consider anything you provide to 2ndThird Media LLC and/or contribute to 2ndThird Media LLC websites as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on 2ndThird Media LLC websites, in which event those Additional Terms will determine how we will treat your Invited Submissions.