MakeMEDIA.ai Terms of Service
All account users and owners must agree to and abide by these Terms of Service:
MakeMEDIA License Agreement
IMPORTANT–READ THESE TERMS CAREFULLY BEFORE USING THIS SOFTWARE (“MakeMEDIA”). BY CREATING AN ACCOUNT AND BY USING MakeMEDIA, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT (“AGREEMENT”), THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SET UP AN ACCOUNT.
1. INTRODUCTION
1.1 Introduction.
The technology for this AI Content Generation service (“MakeMEDIA”) is provided by MakeMEDIA Corp. (“LICENSOR”) and is furnished “as is” under this Agreement for the fees specified in the current rate schedule. You must read this Agreement and agree to its terms before you may create an account for and use MakeMEDIA.
1.2 Modification of This License Agreement
LICENSOR reserves the right to change this License Agreement, and any Additional Terms at any time, effective upon making the modified provisions available on the MakeMEDIA (www.MakeMEDIA.ai) web site. You are responsible for regularly reviewing these terms and conditions. Continued use of MakeMEDIA after any such changes shall constitute your consent to such changes, including changes in fees. LICENSOR does not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms.
2. LICENSE
2.1 License.
LICENSOR grants you a non-exclusive, non transferable license to create an account for and use MakeMEDIA for your organization in accordance with the terms of this Agreement. The information provided on this web site’s navigation menu items (top and bottom of site), including Pricing (shown in U.S. Dollars) and Privacy Policy, and is incorporated herein by reference.
2.2 Ownership.
MakeMEDIA and any associated Documentation, which includes all content on any subdomain sites such as but not limited to APP.MakeMEDIA, DOCS.MakeMEDIA, and any other MakeMEDIA subdomain, are and shall remain the sole and exclusive property of LICENSOR, and is copyrighted and licensed, not sold.
2.3 Copyright.
MakeMEDIA and all Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by LICENSOR. You may not remove any proprietary notice of LICENSOR from any copy of the web site or the Documentation.
2.4 Restrictions and Acceptable Use Policy.
You may not: 1) use or copy MakeMEDIA, or the Documentation except as provided in this Agreement; 2) modify or merge MakeMEDIA or the Documentation; 3) publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on MakeMEDIA, the Documentation or any part thereof, or otherwise make available, the Documentation, in whole or in part, to any other person or entity; 4) remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on MakeMEDIA or the Documentation; 6) reverse engineer, decompile, translate, adapt, or dissemble MakeMEDIA, nor shall you attempt to create the source code from the object code for MakeMEDIA; or 7) sublicense or assign the license for MakeMEDIA or the Documentation.
You may not use MakeMEDIA to:
a. create content designed to harass, embarrass, defame, abuse, threaten, are libelous or slanderous, or otherwise violate the legal rights of any individual, group, or organization;
b. create content that contains or links to pornographic or sexually explicit content, racially or ethnically objectionable content, content that directly or indirectly promotes the use of any illegal substances, content that violates laws or regulations designed to protect minors, or other content deemed to be offensive or inappropriate by LICENSOR;
c. produce content that contains copyrighted material, including text, graphics or videos (including trademarked material), software or other material protected by intellectual property law, for which you do not have authorization to reproduce, publish, or otherwise distribute;
d. create content containing hate speech or provocations intended to cause physical harm to or vandalize the property of any individual, group, or organization;
e. perform or promote illegal activities;
f. impersonate, use the name of (without expressed permission), or misrepresent any individual, group, or organization;
g. violate any applicable governmental laws or regulations or perform any activity that would cause LICENSOR to violate any law, statute or regulation.
You agree to indemnify and hold LICENSOR harmless from any damages and claims arising from any violation of these Restrictions and Acceptable Use Policy.
2.5 Confidentiality.
You acknowledge that MakeMEDIA contains valuable trade secrets of LICENSOR and you agree to maintain the confidentiality of MakeMEDIA using at least the same degree of care you use with your own confidential information.
2.6 Enforcement.
You acknowledge that upon your breach of Sections 2.3 or 2.4, LICENSOR shall be entitled to equitable relief to protect its interests, including preliminary and permanent injunctive relief and you further agree to waive any right or claim to which you may be entitled to immunity or exemption from liability. LICENSOR may also seek damages as a result of such breach.
2.7 Terms.
This Agreement is effective from the date you create an account on MakeMEDIA and shall continue for an indefinite period of time unless or until the account is terminated either by you or by LICENSOR. MakeMEDIA MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED UPON TERMINATION OF THIS AGREEMENT OR UPON INVESTIGATION OF UNACCEPTABLE USE ISSUES RELATED TO YOUR ACCOUNT(S). YOU WILL NOT TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED. LICENSOR may terminate this Agreement immediately if: i) you fail to comply with the terms of this Agreement, ii) the MakeMEDIA service is discontinued, or iii) you have an overdue balance for any non-free services or products purchased on or through MakeMEDIA.ai. If we do so, you must immediately stop using MakeMEDIA and associated Documentation.
You agree to reimburse MakeMEDIA for any fees incurred by MakeMEDIA in collecting your payment, such as, but not limited to, bad check processing fees, credit card chargeback fees, and attorney fees. You are responsible for ensuring that your payments are made on time. Unpaid balances shall be subject to a 1.5% monthly interest fee. You may set up payments for your account to allow MakeMEDIA to charge your credit or debit card automatically every month to collect your payments. If MakeMEDIA is unable to collect the payment by the payment due date (typically your monthly or yearly billing date) for any reason, you agree to pay the unpaid amount within thirty (30) days of the payment due date. If payment is not made within forty-five (45) days of due date, your account will be terminated and shall have its data removed, including all reports, profiles, and content stored within the account.
By creating an account with MakeMEDIA, you will be subscribed to our email newsletter. Your email address will not be shared with anyone else. You may opt-out of our email newsletter list by using the “Unsubscribe” link at the bottom of the emails you receive. These emails are separate from our service emails, which relate specifically to issues with your account. To be removed from our service emails, you may cancel your service by clicking the “Cancel” link in our Billing section or by contacting us directly.
2.8. Risks.
MakeMEDIA may have errors and may produce unexpected results. You agree that any use of MakeMEDIA will be entirely at your own risk. You agree to backup data and take other appropriate measures to protect programs and data. You may not allow a third party to use your MakeMEDIA account and agree to indemnify and hold LICENSOR harmless from any damages or claims arising from such use by yourself or any third party.
2.9. Copyright of Created Work.
LICENSOR disclaims copyright ownership of content that you create using your paid MakeMEDIA account.
2.10. Use of Embedded Content
MakeMEDIA Embedded Content (“CONTENT”) shall mean all content such as, but not limited to, articles, summaries, lists, guides, white papers, illustrations,images, diagrams, documents, podcasts, music or other audio recordings, videos, social media posts, streaming content, stock footage, or any other material that is owned by MakeMEDIA and is embedded within any MakeMEDIA product or service. This does not include content that MakeMEDIA creates on your behalf through interviews with you.
PARTNER Embedded Content (“PARTNER CONTENT”) shall mean all content such as, but not limited to, articles, lists, guides, white papers, illustrations, images, diagrams, documents, podcasts, music or other audio recordings, videos, social media posts, streaming content, stock footage, or any other material that is owned by a MakeMEDIA partner or third-party source and is embedded within any MakeMEDIA product or service. PARTNER CONTENT may be organized in a section containing third-party source or partner’s name within MakeMEDIA’s products or services.
MakeMEDIA hereby grants you a non-exclusive, limited license to use CONTENT and PARTNER CONTENT subject to the following terms and conditions:
a. All CONTENT shall remain the exclusive intellectual property of LICENSOR and is subject to U.S. and International Copyright Laws. All PARTNER CONTENT shall remain the exclusive intellectual property of its respective copyright holders and is subject to U.S. and International Copyright Laws.
b. Subject to the usage limitations of the service level you select as displayed on the appropriate Pricing web pages or related marketing material, you may select CONTENT and/or PARTNER CONTENT that is embedded within MakeMEDIA’s content products and services.
c. You may edit CONTENT only if you are provided with an “Edit” button option to do so within MakeMEDIA. All edits may be stored within MakeMEDIA for an unspecified period of time. All edits that you make shall be subject to review and may be removed or altered based on the sole discretion of MakeMEDIA. You may not be notified if MakeMEDIA removes or alters any CONTENT that you edit. PARTNER CONTENT may or may not be editable based on what the copyright holder allows. If you are not able to edit the PARTNER CONTENT within MakeMEDIA directly, then the copyright holder of such content does not allow edits to be made.
d. You MAY NOT sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute CONTENT to any other individual or entity for commercial or non-commercial purposes; use or display the Content in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement; or remove or modify any notice of copyright, authorship, trademark or other proprietary right, or any other copyright management information or metadata, from any place where it is on or embedded in the CONTENT or PARTNER CONTENT. Unless you obtain written permission from MakeMEDIA, you MAY NOT use, copy or store CONTENT, including any edited versions you have made, with any non-MakeMEDIA service or tool, including but not limited to any other AI tool, blog, audio or video, electronic or print publication or document, brochure, live or recorded streaming, webinar, social media, article repository, or other content hosting or content delivery service or tool, except when an integration option for a specific non-MakeMEDIA service or tool is offered within MakeMEDIA.
e. The CONTENT is only licensed to you for as long as you are a paying MakeMEDIA customer. Upon termination of your MakeMEDIA account, you agree to discontinue use of all CONTENT, including any edited versions you have made.
f. USE OR RELIANCE UPON ALL TEMPLATES, CONTENT AND PARTNER CONTENT, AND IMAGES PROVIDED HEREIN IS AT YOUR OWN RISK. NEITHER MakeMEDIA NOR ITS CONTENT SOURCES MAKES ANY WARRANTY OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF THE MATERIAL AND CONTENT PROVIDED, AS DEVELOPMENTS AND INDUSTRIES ARE CONSTANTLY EVOLVING. NO ASSURANCE CAN BE GIVEN THAT THE CONTENT WILL INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR THAT ANY RECOMMENDATIONS ARE, IN FACT, BEST PRACTICES.
2.11 Use of and Participation in Online Communities and Social Media
Our social media pages serve as an open forum in which you are encouraged to comment, participate in discussions, solicit advice, and provide support to others. Please refer to each social media site’s policies regarding the information they collect when visiting our social media pages.
We ask that you refrain from the following actions as they may result in removal of members or comments from our social media communities:
- Use of inflammatory or vulgar language
- Personal attacks, harassment, or abusive behavior
- Solicitations for business
- Continued posting of repetitive or copyrighted content (links to copyrighted material hosted on the original source’s site, such as news posts, are acceptable)
3. DISCLAIMER OF WARRANTIES AND REMEDIES
3.1 Disclaimer of Warranty.
MakeMEDIA IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MakeMEDIA DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MakeMEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MakeMEDIA WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT MakeMEDIA WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN MakeMEDIA WILL BE CORRECTED, OR THAT MakeMEDIA IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
IF MakeMEDIA ISSUES YOU A REFUND IN ANY FORM, INCLUDING BUT NOT LIMITED TO USAGE CREDITS OR CASH, FOR CONTENT THAT YOU CREATE USING MakeMEDIA THAT YOU ARE UNSATISFIED WITH (“UNSATISFACTORY CONTENT”), YOU WILL NO LONGER HAVE RIGHTS TO SUCH UNSATISFACTORY CONTENT AND MAY NOT USE IT FOR ANY PURPOSE. YOU SHOULD DELETE UNSATISFACTORY CONTENT TO AVOID THE RISK OF INADVERTENT PUBLIC USE, WHICH WOULD VIOLATE THIS AGREEMENT.
USE OR RELIANCE UPON CONTENT IS AT YOUR OWN RISK. COMPANY OR MakeMEDIA MAKES NO WARRANTY OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF ITS CONTENT, AS DEVELOPMENTS AND INDUSTRIES ARE CONSTANTLY EVOLVING. NO ASSURANCE CAN BE GIVEN THAT THE CONTENT WILL INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR THAT ANY RECOMMENDATIONS ARE, IN FACT, BEST PRACTICES.
If you receive a claim that the use of MakeMEDIA infringes a patent, copyright or other intellectual property right, you must promptly notify LICENSOR in writing. LICENSOR, at its own expense and option, may (i) defend and settle such claim, (ii) procure you the right to use MakeMEDIA, (iii) modify or replace MakeMEDIA to avoid infringement; or (iv) refund the license fees you paid, if applicable. These are your sole and exclusive remedies for any and all claims you may have against LICENSOR arising out of or in connection with MakeMEDIA, whether made or suffered by you or another person and whether based in contract or tort.
3.2 Limitations of Liability.
IN NO EVENT WILL MakeMEDIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE MakeMEDIA, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF MakeMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3 Indemnification
You, at your own expense, will indemnify, defend and hold harmless LICENSOR, its Affiliates and their employees, representatives, agents and affiliates, against any claim, suit, action, or other proceeding brought against LICENSOR or an Affiliate based on or arising from a claim that any content or material you or your organization distributed using MakeMEDIA or any use of MakeMEDIA by you or your organization that violates any of the Restrictions or Terms, such as violation of the Privacy Policy or Acceptable Use Policy of MakeMEDIA as set forth in this Agreement infringes in any manner any Intellectual Property Right of any third party or contains any material or information that is obscene, defamatory, libelous, slanderous, that violates any person’s right of publicity, privacy or personality, or has otherwise resulted in any tort, injury, damage or harm to any person; provided, however, that in any such case: (i) LICENSOR provides you with prompt notice of any such claim; (ii) LICENSOR permits you to assume and control the defense of such action, with counsel chosen by you (who shall be reasonably acceptable to LICENSOR); and (iii) you do not enter into any settlement or compromise of any such claim without LICENSOR’ prior written consent, which consent shall not be unreasonably withheld. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by LICENSOR or an Affiliate in connection with or arising from any such claim, suit, action or proceeding. It is understood and agreed that LICENSOR does not intend and will not be required to edit or review for accuracy or appropriateness any content or material that you or organization distribute using MakeMEDIA.
4. GENERAL
4.1. Rights in Data.
You hereby assign to LICENSOR all right, title, and interest (including ownership of copyright) in any suggestions or comments related to your use of MakeMEDIA or the Documentation you provide to LICENSOR. If LICENSOR requires it, you will sign an appropriate document to assign such rights.
4.2 Records.
You will ensure that anyone in your organization or affiliated entities who uses MakeMEDIA (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.
4.3 Technical Support.
LICENSOR will not provide program services or technical support except as indicated on its website, which may change at any time.
4.4 Assignability.
LICENSOR may assign or otherwise transfer this Agreement to any entity as part of the sale of any portion of its business, or pursuant to any merger, consolidation, reorganization or recapitalization.
5. MISCELLANEOUS
5.1 Miscellaneous.
This license and the rights granted under this Agreement may not be transferred or assigned by you or your company. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Maryland, United States of America without regard to its principles of conflict of laws. The parties consent to the jurisdiction of the courts of the State of Maryland and the federal courts located within the State of Maryland, and any disputes shall be litigated solely in those courts. If any clause, sentence or other provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining clause, sentence, or other provisions shall remain in full force and effect. LICENSOR shall not be liable for failures due to causes beyond their control, including, but not limited to, acts of God, acts of government, fire, flood, strikes, or acts or omissions of carriers. You warrant that you will comply with all applicable laws and regulations that relate to the performance of this Agreement.
THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF MakeMEDIA OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT MakeMEDIA, THE DOCUMENTATION, OR INFORMATION ABOUT MakeMEDIA, AND THE DOCUMENTATION WITHOUT CONSENT OF MakeMEDIA AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. This Agreement constitutes the entire Agreement, supersedes all prior agreements, and changes are only effective when in writing and signed by both parties.
5.2 Government Sales.
MakeMEDIA, and the Documentation are provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs of (c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
Contractor/manufacturer/LICENSOR is MakeMEDIA Corp., 402 King Farm Blvd, Suite 125-247, Rockville, MD 20850 USA. All rights not specifically granted in this statement are reserved by LICENSOR.