Terms of Service
Terms of service
Wyzemedia LLC, (“Wyzemedia”, “we,” “us,” or “our”) welcomes you. We provide you with access to our Services (as defined below) through our website located at www.Wyzemedia.com (the “Website”) and our mobile application (the “App” and together with the Website, the “Platform”), subject to these terms of service (the “Terms of Service”) which may be updated by us from time to time without notice.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
If you accept or agree to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Platform and/or the Services, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Platform. By accessing or using the Platform and/or the Services after we have posted a modification on the Platform, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Platform.
Description and use of the website and services
We provide Visitors and those who register for our Services (each, a “Subscriber”) with access to the Platform as described below.
Services. We provided a premium short-form streaming service to Subscribers which includes music videos, film trailers, game trailers, and TV clips, and enables real-time interactions between venues (“Venues”), artists, and fans through the App and various third-party hardware or devices (the “Services”). Our Services are available on a Paid Subscription or Free Trial basis (as such terms are defined in Section 4 below).
Visitors. Visitors, as the term implies, are people who do not register as Subscribers, but want to explore the Platform. No login is required for Visitors. Visitors can view all content and access all publicly-available features and functionality on the Platform and can contact us.
Subscribers. Before you can access our Services, you are required to become a Subscriber by registering on our Platform. Login is required for all Subscribers. Subscribers can do all the things Visitors can do, but Subscribers have access to and can use our Services.
To be a Subscriber, you must be eighteen (18) years or older. You affirm that you are at least eighteen (18) years of age and are fully able, competent, and duly authorized to enter into, and be bound by, these Terms.
We are under no obligation to offer Free Trials or to accept any individual as a Subscriber and may accept or reject any registration in our sole and complete discretion.
The Platform is available only to individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Platform only with the consent of your parent or guardian.
We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, including by closing or disconnecting your account, without notice and without reason.
If you wish to become a Subscriber, Agent or User, you will be required to create an account on the Platform. To create an account, your authorized representative will be prompted to create a user name and password (“Wyzemedia”) and may be requested to provide certain additional information that will assist in authenticating your identity when you log-in in the future (collectively, “Login Credentials”). You may not transfer your account to anyone else without our prior written permission. When creating your account, you must provide true, accurate, current, and complete information about yourself and the Venue or business that you represent. You may then permit multiple individuals from your organization to create Wyzemedia User IDs under your account. Each Venue owner, or its duly authorized designee, is responsible for the activity of each Wyzemedia User ID under its account. Each Wyzemedia User ID and corresponding password can be used by only one individual. You are responsible for maintaining the confidentiality of your account Login Credentials. You are fully responsible for all activities that are associated with your account (including but not limited to use of the Services, or communications from your account to Wyzemedia). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security. We reserve the right to delete or change your Login Credentials at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
Trial period and paid subscriptions
Free Trials. From time to time, and in its sole discretion, Wyzemedia may offer a free trail for the period of time specified when you register as a Subscriber ("Free Trials"). Wyzemedia may, in its sole discretion, terminate a Free Trial at any time and/or impose restrictions on the use of a Free Trial. Upon expiration of the Free Trial, you will have the option purchasing a Paid Subscription to continue use of the Services. We do not ask you to provide your credit card or other Billing Information for purposes of a Free Trial and we will not charge you any fees unless and until you purchase a Paid Subscription.
Changes to Paid Subscriptions. Wyzemedia reserves the right to modify or discontinue any Paid Subscription type and/or any associated fees, benefits, features and limitations at any time, at its sole discretion, by updating its Billing Page ("Subscribership Changes"). If you have already purchased a Paid Subscription when a Subscribership Change is made, the Subscribership Change will go into effect for you at the next renewal of your Paid Subscription (provided that we may impose Subscribership Changes sooner upon written notice to you in cases where required by applicable law or in other extraordinary circumstances).
Automatic renewals; automatic charge; cancellation policy
Automatic Renewals. Each one-month period of your Paid Subscription, which shall be counted from the date you activate Services, shall be known as a “Subscription Period.” At the end of the initial Subscription Period, your Paid Subscription will automatically renew for successive Subscription Periods until (1) you cancel your Paid Subscription in accordance with our Cancellation Policy described below or (2) we elect not to renew your Paid Subscription in our sole discretion. You will be charged on the last day of each month for the usage occurring during such month. In the event you activate the Service after the first day of any month, your first charge will be prorated based on the number of days between your activation date and the last day of the month of activation.
Automatic Charges to Your Credit Card. By purchasing a Paid Subscription and providing your Billing Information, you authorize Wyzemedia to automatically charge our then-current Paid Subscription fees to your credit card at the beginning of the initial Subscribership Period and each subsequent Subscribership Period. Your credit card will continue to be automatically charged our Paid Subscription fees at the beginning of every Subscribership Period until you cancel your Paid Subscription in accordance with our Cancellation Policy described below.
Cancellation Policy. You may cancel your Paid Subscription at any time by logging into your Wyzemedia account and following the instructions to cancel your Paid Subscription, or by emailing Wyzemedia at email@example.com. Once you cancel your Paid Subscription, we will not make any further automatic charges to your credit card and we will continue to charge only up to the date when your Paid Subscription shall be cancelled. You acknowledge and agree that you shall pay, and shall be responsible for, all fees incurred up to the date of cancellation.
By using the Platform, either as a Visitor or a Subscriber, you agree to comply with these user guidelines (the “User Guidelines”) and that subject to these Terms and any other applicable agreement between you and Wyzemedia, Wyzemedia grants you a limited, non-transferable, non-exclusive, license to access and use the Services solely for your internal business purposes. Wyzemedia may terminate this license at any time for any reason. Further, when using or accessing the Services, you agree that:
You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;
You will not access or use the Services to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content, data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not allow anyone other than your employees and authorized representatives to access and use your account;
You will not resell, distribute, or sublicense the Services or use it for the benefit of anyone other than you or your business;
You will not remove or modify any proprietary markings or restrictive legends placed on the Services; andYou will not introduce, post, or upload to the Services any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Services.
As a Subscriber, you shall acquire and maintain, in accordance with the instructions for such products, all hardware necessary to access the Services from your Venue.
Wyzemedia, reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. You are free to stop using the Services at any time.
If you find something that violates our User Guidelines, please let us know and we will review it.
Third-party hardware or devices
The Services may require the use of various third-party hardware or devices from time to time, including without limitation, streaming sticks and connected televisions. In such event, you shall be responsible for purchasing and maintaining such hardware or devices in accordance with these Terms. Each third-party provider may have shipping policies, return policies, cancellation policies, purchase terms, product warranties, privacy policies, terms of service, and other policies or terms (collectively “Third Party Policies”) governing the purchase and use of hardware or devices. You should review the respective Third Party Policies before making any purchases of any hardware or device. Wyzemedia is not responsible for the content of, nor does it have any control over, any Third Party Policies and you hereby release Wyzemedia, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any Third Party Policies, disputes with providers of such hardware or devices, or any use or purchase of such hardware or devices. You acknowledge that any third party hardware or device, including your purchase and use thereof, are subject to the Third Party Policies relating thereto and any of the warranty, terms, and policies of any manufacturer of such third-party hardware or devices and, in each case, are not Wyzemedia, responsibility, notwithstanding any purchase of such hardware or devices from Wyzemedia.
The Platform is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Wyzemedia and our licensors exclusively own all right, title, and interest in and to the Platform, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform.
The Platform contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Wyzemedia (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
If you violate any part of these Terms, your permission to access the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Wyzemedia (the “Wyzemedia Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Wyzemedia. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Wyzemedia Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Wyzemedia Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Feedback and generated data
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us (whether you are a Subscriber or a Visitor), including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
No warranties; limitation of liability
YOU ACKNOWLEDGE THAT WYZEMEDIA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND ANY OTHER DATA OR INFORMATION PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE OR COMPLETE.
YOU ACKNOWLEDGE THAT THE PLATFORM AND OUR SERVICES MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE PLATFORM, THE SERVICES, AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM, SERVICES, OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE SERVICES, THE PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM, THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS (US $50).
SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites, unless we have otherwise provided that they are endorsements, such as suggested curated gifts which may include links to the products or services of our advertising or promotional partners. The content of such External Sites (whether or not endorsed by Wyzemedia) is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Platforms and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms; (ii) your misuse of the Content, the Services, or the Platform; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Compliance with applicable laws
The Platform and the Services are based in the United States. We make no claims concerning whether the Platform, the Services or the Content may be viewed or be appropriate for use outside of the United States. If you access the Platform, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination of the agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and/or your access to all or any part of the Platform and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform and/or the Services at any time without prior notice or liability.
In the event of a dispute arising under or relating to these Terms, the Platform, or the Services (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 17 below, nothing in these Terms will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
Class action waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Florida for purposes of any such action by us.
The Terms and any action related thereto will be governed by the laws of the State of Florida, without regard to its conflict of law provisions.
Changes to these terms
These Terms are effective as of the date stated at the top of the Terms. We may change these Terms from time to time. Any such changes will be posted on the Platform. By accessing the Platform or Services after we make any such changes to the Terms, you are deemed to have accepted such changes. Please refer back to these Terms on a regular basis.
If these Terms are terminated in accordance with the termination provision in Section 14 above, such termination shall not affect the validity of the following provisions of these Terms, which shall remain in full force and effect: “Third-Party Hardware Or Devices,” “Intellectual Property,” “Communication with and Submissions To Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Controlling Law,” Binding Arbitration”, “Equitable Relief” “Class Action Waiver,” your payment obligations pursuant to “Automated Renewals; Automatic Charges; Cancellation Policy,” and “Miscellaneous.”
Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.