Terms of Service
Grab Networks ("Grab Media," "we," or "us") operates the website accessible at the URL www.grab-media.com (the "Site"). The Site includes numerous features and functions, including an ability for end users ("you" or "your") to view streaming videos ("Content") using our proprietary software (the "Player"), which automatically pops up when users select Content to view. Throughout this document entitled "Online Terms and Conditions" (the "Terms"), we refer to our service of making the Site and the Content available, as well as all the features and functions that we provide through the Site and the Player, as our "Services."
PLEASE READ THESE TERMS CAREFULLY. BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS, AND YOU REPRESENT THAT (i) YOU HAVE READ THESE TERMS AND UNDERSTAND THEM; AND (ii) YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
I. ACCESS TO GRAB MEDIA SERVICES
A. Access to Features of Online Services
For so long as you agree to these Terms and abide by them, you may use the Site and the Services, and we grant to you a limited right to view the Content as displayed through the Player. The rights granted to you by these Terms will remain in force only for so long as we elect to continue operating the Site and providing the Services, or until your rights under these Terms have been terminated as described below.
B. General Restrictions on Your Use of Grab Materials
For purposes of these Terms, the phrase "Grab Materials" refers to the Site, the Player, and the Content, collectively. You may use the Grab Materials only for your personal, non-commercial purposes. You may not resell or sublicense access to the Grab Materials. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Grab Materials is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent, restrict, or enforce limitations on use or copying of any Grab Materials. You may not access or view any of the Content except through the Player as made available on the Site. You agree not to use the Grab Materials to: (i) violate any local, state, national or international law; (ii) stalk, harass or harm another individual; (iii) collect or store personal data about other users; (iv) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (v) interfere with or disrupt the Services or servers or networks connected to the Services, or (vi) disobey any requirements, procedures, policies or regulations of networks connected to the Services. You may not use any high volume or automated means to access the Services (including, without limitation, robots, spiders or scripts), nor may you frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You may not modify or create any derivative product based on the Grab Materials, nor integrate the Grab Materials into any software, websites or other materials not provided by us, nor distribute a copy of any part of the Grab Materials. However, sometimes a portion of the Site will state that you are given permission to copy specific links or other materials, such as sample HTML code that you may insert into a webpage if you would like to create a link to part of our Site. We authorize you to copy and distribute those materials.
C. Use of Third-Party Offerings
You may be able to access websites, content or services provided by third-parties through links that are made available on the Site. Additionally, from time to time Grab Media may refer you to one or more of our business partners who make available products or services through their respective websites or by other means (e.g., by mail or otherwise). We refer to all such websites, content, services and products as "Third-Party Offerings." For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. Unless we otherwise inform you on the Site, your use of such Third-Party Offerings is not required in order to access and/or use the Services. If you elect to use such Third-Party Offerings, and/or if you elect to 'click on' a link or button, you understand that you will be leaving our Site and your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings, and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings. The fact that we link to a third party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of their privacy practices or information security policies, terms of use, business practices, or their compliance with laws. We do not exercise control over third-party websites or services. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate. You agree that Grab Media will have no liability to you in connection with your interaction with such third parties.
II. PRIVACY
In the course of accessing and/or using the Grab Materials, we may obtain information about you, or you may provide certain information to us. All information that we collect in connection with your use of the Grab Materials will be treated in accordance with our Privacy Policy. To review our full Privacy Policy, please click here. The Privacy Policy is an integral part of these Terms, as if fully set forth below. By agreeing to these Terms, you are accepting the terms of our Privacy Policy, as may be amended from time to time. If you do not consent to our collection, use and disclosure of information in accordance with our Privacy Policy, you must discontinue use of our Services and all Grab Materials.
III. INTELLECTUAL PROPERTY RIGHTS
A. Ownership and Reservation of Rights
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site, the Player, the Content, and all related intellectual property rights, as well as all intellectual property rights exercised by us in the process of providing the Services. These Terms do not grant you any right to copy, distribute, publicly perform, publicly display, digitally transmit, create derivative works from, or modify any Content or other copyrighted work made available or accessible via the Site. No rights are granted to use any of our trademarks or service marks. All rights not expressly granted by these Terms are reserved by Grab Media and its licensors and suppliers.
B. Feedback
Your feedback is welcome and encouraged. You agree, however, that by submitting ideas to Grab Media, you waive any right or interest in any intellectual property rights that are embodied in those ideas, and you agree that Grab Media shall have the right to use any such ideas without restriction, subject only to our compliance with our Privacy Policy.
C. Notice of Copyright Claims
If you believe your copyright has been violated by Content, Third-Party Offerings, or other works accessible on the Site or through the Services, please contact us by email at copyright@grab-media.com.
IV. DISCLAIMERS; LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. No Warranties
OUR SERVICES AND THE GRAB MATERIALS ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GRAB MEDIA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. GRAB MEDIA AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY GRAB MATERIALS OR FROM USE OR RELIANCE UPON THE SERVICES. GRAB MEDIA IS NOT THE PROVIDER OF ANY THIRD-PARTY OFFERINGS AND MAKES NO WARRANTIES WITH RESPECT TO THEM. GRAB MEDIA DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE, AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICES.
B. Your Use of Content
YOU UNDERSTAND THAT THE CONTENT AVAILABLE THROUGH THE SITE IS PROVIDED TO GRAB MEDIA FROM A VARIETY OF SOURCES. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR USEFULNESS OF THE CONTENT, AND THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT IS NON-INFRINGING. YOU WAIVE ANY LEGAL AND EQUITABLE REMEDIES THAT YOU HAVE OR MAY HAVE AGAINST GRAB MEDIA WITH RESPECT TO THE CONTENT, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GRAB MEDIA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL DAMAGES, EXPENSES AND LIABILITIES ARISING FROM YOUR USE OF THE SERVICES AND THE GRAB MATERIALS.
C. Limitation Of Liability
USE OF THE SERVICES AND THE GRAB MATERIALS IS AT YOUR OWN RISK. IN NO EVENT WILL GRAB MEDIA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THE SERVICES AND/OR THE GRAB MATERIALS, AND/OR IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE, EVEN IF GRAB MEDIA WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF GRAB MEDIA TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES, THE GRAB MATERIALS, AND THESE TERMS EXCEED ONE DOLLAR (U.S. $1.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND GRAB MEDIA RELATING TO THE PROVISION OF THE SERVICES AND THE GRAB MATERIALS, AND YOU FURTHER ACKNOWLEDGE THAT GRAB MEDIA WOULD NOT PROVIDE THE SERVICES AND/OR GRAB MATERIALS TO YOU WITHOUT THIS LIMITATION.
D. Indemnification
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT GRAB MEDIA'S OPTION, DEFEND GRAB MEDIA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL DAMAGES, EXPENSES, AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING IN CONNECTION WITH YOUR VIOLATION OF THESE TERMS.
V. TERM AND TERMINATION
These Terms will become effective and binding when you use the Services, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled "I Agree"). You do not need to inform us if you wish to stop using the Site or Services. We reserve the right to terminate these Terms and your access to the Services and the Grab Materials at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your obligations under these Terms. You are no longer authorized to use the Services or the Grab Materials if these Terms are terminated. The provisions of sections I.B, I.C, II, III, IV and VI will survive the termination of these Terms.
VI. MISCELLANEOUS MATTERS
A. Modifications to Terms
We may change these Terms from time to time. Any such changes will become effective when posted on the Site. If you object to any such changes, your sole recourse will be to cease using the Services and the Grab Materials. Continued use of the Services and/or any Grab Materials following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.
B. Modifications to Services and/or Grab Materials.
We reserve the right to modify the Services and the Grab Materials, including the functionality of the Player and the Content made available through the Site, at any time without notice. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Services.
C. General Terms
You agree to comply with all laws, rules and regulations that apply to your use of the Services and the Grab Materials. These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Virginia, excluding its rules regarding conflicts of law. You consent to the personal jurisdiction of the courts located within the Commonwealth of Virginia, and you agree that disputes regarding these Terms may be resolved in those courts. The failure of Grab Media to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that, in the event you desire to bring any claim against us related to the Services, the Grab Materials, and/or these Terms, such claim must be filed within one (1) year after the applicable cause of action arose or be forever barred. These Terms constitute the entire agreement between you and Grab Media with regard to the matters described above.
Payment Terms
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