LEGAL SCHMEGAL


Terms of Use

Please read this whole agreement before accessing Modern Protagonist.  By accessing this site, you are agreeing to the following terms:

1.   Introduction.   Modern Protagonist (“Modern Protagonist,” “we” or “us”) means Modern Protagonist Media, LLC and this here website.

2.   Types of Content.  As used in this Agreement “Content” means, collectively, the text, data, graphics, images, scripts, photos and video files, audio files, and all meta data made available through the site, and regardless of who created or uploaded the Content.  Unless modified, the term Content refers to all Content, including but not limited to:

User Content” means, collectively, the Content which you and other Users upload to the site, and which is intended to be visible to others.  Modern Protagonist is under no obligation to allow User Content.  User Content includes comments.

“Modern Protagonist Content” means the Content we upload to the site.

“Third Party Content” means Content created by a third party that we, or a third party with our consent, uploads to the site. We reserve the right to remove and permanently delete any Content from the site without notice.

3.   User Content.  We may invite Users to submit User Content either in the form of comments posted to other Content, or Content such as text, comments, videos, images, audio files etc. created by Users, and submitted to Modern Protagonist. Unless otherwise specified, Modern Protagonist does not pre-screen, edit, or fact-check User Content.  By displaying User Content, Modern Protagonist does not assume any liability for that Content. Modern Protagonist reserves the right to display, refuse to display, or modify User Content submitted to us.

By submitting User Content to Modern Protagonist you grant Modern Protagonist a worldwide, perpetual, sub-licensable, transferable license to use, display distribute, publicly perform, modify  and reproduce your Content in any manner and by any means, whether now known or hereafter devised, whether electronic or otherwise.

By submitting User Content to Modern Protagonist you represent and warrant that you own the copyrights to that Content, that it is original and has not previously been published elsewhere. You further represent and warrant that any text, photographs, videos, audio recordings or quotes in the Content you submit has not been altered in any way other than for clarity or brevity, unless you clearly notify Modern Protagonist of such changes at the time you submit Content to Modern Protagonist. You also represent and warrant that no User Content that you submit violates the rights of any third party.

By submitting User Content to Modern Protagonist you agree that you will indemnify, defend and hold Modern Protagonist harmless from and against any costs, losses, damages and expenses resulting from any claim, suit, action, or proceeding brought by any third party against Modern Protagonist alleging that your User Content has violated any rights of any third party.

We reserve the right to remove any User Content at any time, and for any reason. We are not obligated to accept any User Content.  If we do accept User Content, our guidelines for User Content are: (i) Avoid profanities, foul or inflammatory language (ii) Comments should be related to the topic; (iii)  No name calling or ad hominem attacks (iv) Spam, self-serving comments and commercial advertisements are not allowed; and (v) threats or incitement to violence will not be tolerated.

While not User Content, Users can also submit ideas and questions to us that are not visible to others.  Any and all ideas, suggestions and the like provided by you with respect to the site and Services will be the property of Modern Protagonist. You hereby assign to Modern Protagonist all right, title and interest worldwide in such ideas or suggestions and any related intellectual property rights, and you agree to assist Modern Protagonist, at our expense, in perfecting and enforcing any such rights.

4.   Ownership and Use of Non-User Content.   Except for User Content, Modern Protagonist, its advertisers and its licensors own all right, title and interest, including all worldwide intellectual property rights in: the site, the Content, the Services, the organization, compilation, look and feel of the site, advertisements appearing on or linked to from the site, trademarks, service marks and logos contained on the site and all other code, scripts, data and meta data appearing on, or incidental to the storage and display of the Content and the site, collectively referred to as “the Intellectual Property.”

You may access and use the Intellectual Property solely for your own personal use.  You may not transfer, assign, sublicense, relicense this right of access and use to anyone.  This right of access and use does not convey any ownership rights whatsoever, it is a license.

You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Intellectual Property.

You may not sell, publish, distribute, retransmit, modify, prepare derivative works based on, perform, display, broadcast, sell, license, provide others with access to the site or otherwise exploit the Site Content and the Content.

All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without Modern Protagonist’s express written consent.

5.   Third Party Links and Links to Modern Protagonist’s site.   We may provide links to other Websites or resources over which Modern Protagonist does not have control (“External Websites”). Such links do not constitute an endorsement by Modern Protagonist of those External Websites. You acknowledge that Modern Protagonist is providing these links to you only as a convenience, and further agree that Modern Protagonist is not responsible for the content of such External Websites or any business dealings you may have with such External Websites. Your use of External Websites is subject to the Terms of Service and Privacy Policies located on the linked External Websites.

Certain other Websites may link to this site. You may provide links to our site from your Website as long as you do not link to our site by any means that give visitors to your own Website the impression that you are linking to pages that are within your own Website, or that Modern Protagonist endorses your Website, sponsors your Website, or is in any way affiliated with your Website. You shall not attribute a link on your Website to our site and then link somewhere else. Do not frame any Content or other Materials from our site or otherwise present the Content or other Materials as your own.

6.   DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES

Modern Protagonist, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITES IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NEITHER MODERN PROTAGONIST NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITES, THE SERVICES, OR THE MATERIALS ON THE SITES, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF Modern Protagonist WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER Modern Protagonist NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR MORE THAN AN AGGREGATE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Information from Other Sources: Our site contain may compilations and summaries of information provided by governmental as well as from other public sources.  While we attempt to review and verify the information, we cannot guarantee its accuracy (and encourage you to be skeptical).

You acknowledge and agree that this site and/or the Services may include certain errors, omissions, or outdated information, which may affect the quality of the Content. You acknowledge that none of the Content have been independently verified or authenticated in whole or in part by Modern Protagonist, and agree that Modern Protagonist does not warrant the accuracy or timeliness of the Content and further agree that Modern Protagonist has no liability for any errors or omissions in the Content, whether provided by Modern Protagonist or its licensors.  You further agree that the quality and the accessibility of the Content may be affected by your Internet Service Provider, by the computer on which you access the Content and by other factors beyond the control of Modern Protagonist.  Although we require that you test your access prior to signing up, factors beyond Modern Protagonist’s control may change your ability to access the Content.  As such, your sole remedy is to cease using the site, or for paid memberships and subscriptions, to cancel your membership or subscription.

7.   Rules for Using the site.  The site may be accessed and used only for lawful purposes.  You agree to abide by all local, state, Federal and foreign laws, treaties and regulations that cover your use of the site.

Don’t do anything to violate or attempt to violate any security and access control provisions implemented in or in connection with the site, the Services or the Content; or do anything to interfere or attempt to interfere with the operation of the site or the display of the Content.

By way of example only, do not:

•           Take any action to violate or attempt to violate any security and access control provisions implemented in or in connection with the site, the Services or the Content;

•           Log in with a password not assigned to you; access Content not intended for you;

•           Test the security measures on the site and/or attempt to identify system vulnerabilities;

•           Use the site or Services to send altered, deceptive or false source-identifying information;

•           Modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the site and/or the Services;

•           Attempt to probe, scan or test the vulnerability of any Modern Protagonist system or network or breach or impair or circumvent any security or authentication measures protecting the site or Services.

We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.

8.   Modification or Termination.   Modern Protagonist reserves the right to modify the site, the Services and the Content at any time, without notice to you. Modern Protagonist reserves the right to terminate, in whole or in part, the site, the Services and the Content, without notice to you. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to Us under Sections which by their sense and context are intended to survive such suspension, termination or cancellation.

9.   Third Party Intellectual Property rights.   Modern Protagonist respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the site in a way that constitutes copyright infringement and appears on our site or through the Services, please provide our copyright agent with the following information:

•     An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

•     A description of the copyrighted work that you claim has been infringed;

•     A description of where the material that you claim is infringing is located on the site;

•     Your 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;

•     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 authorized to act on the copyright owner’s behalf.

10. General.   Modern Protagonist controls and operates this site from its headquarters in the State of Texas in the United States and makes no representation that the Content are appropriate or will be available for use in locations other than the United States. If you use this site from outside Texas or the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content.  These Terms of Service will be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.  You may bring any disputes, actions, claims, or causes of action related to these Terms of Service or in connection with this site only in the federal and state courts located in Harris County, Texas. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.  The failure of Modern Protagonist to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Modern Protagonist in writing.

These Terms of Service comprise the entire agreement between you and Modern Protagonist and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.  We may discontinue or change the Services, or their availability to you, at any time.  This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone.  No third party is a beneficiary of this Agreement.

Copyright Modern Protagonist Media, LLC 2017. All Rights Reserved.