Terms and Conditions
We are thrilled to have you here! Market Standard Media, also referred to as “MSM,” “we,” “us,” or “our,” offers you access to this website, mobile and tablet applications, and other interactive services, collectively referred to as the “Site.” The Site is operated and provided by MSM. Your utilization of the Site is subject to your compliance with these Terms and Conditions (“Terms”), which incorporate our Privacy Policy [Privacy Policy: https://marketstandardmedia.com/privacy-policy-market-standard-media/]. MSM holds the right to modify these Terms without any prior notification and at our discretion. You are responsible for routinely checking for any updates in the Terms, which will come into effect once posted.
YOUR CONTINUOUS USE OF THE SITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS, INCLUDING OUR PRIVACY POLICY.
Registration, User Information, and Eligibility
Some sections of the Site may require registration. In such instances, you commit to providing true, accurate, and comprehensive information as prompted during the registration process (“User Information”) and to maintain and promptly update your User Information to keep it accurate and up-to-date. You acknowledge and agree that you bear sole responsibility for the accuracy and content of User Information, and that MSM relies on the accuracy and completeness of the User Information. If MSM suspects that the User Information you have provided is inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Site. MSM will not be held accountable for any issues arising from your failure to provide and maintain accurate User Information.
MSM respects your privacy, hence anyone registering on the Site must be 13 years of age or older. By signing up, you affirm that you are an adult, an emancipated minor, or have obtained legal consent from your parent or guardian. Please review our Privacy Policy for additional details on registration options and the information we collect, use, manage, and store.
Your username and password are personal, and you may not allow others to use them under any circumstances. MSM will not be held liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password. If you suspect any unauthorized use or potential security threats related to your account, please notify us immediately.
MSM may use the User Information to send you crucial information and notices about your account and the Site. Occasionally, we might send newsletters and other promotions via email or SMS, from which you can opt-out through the unsubscribe link in the message.
Subscriptions and Free Trials
MSM offers subscription plans granting you access to premium content, such as videos, audio, and other media, available on the Site. Access to this Subscription Content will be granted once you’ve signed up for a Subscription Plan with a valid credit card and accurate User Information. Subscription Plans are available as quarterly or yearly options and will automatically renew until you cancel the plan or MSM terminates your account.
We offer a Free Trial period when signing up for a Subscription Plan. This provides free access to Subscription Content for 48 hours (or as specified at sign-up). Your account will be billed for the selected Subscription Plan right after the Free Trial period unless you cancel your subscription before the Free Trial period ends.
Please note, your access and use of the Subscription Content is for personal, non-transferable purposes and subject to any restrictions on the media content.
Subscription Payment, Cancellation, and Termination
Upon signing up for a Subscription Plan and following the end of the Free Trial period, your account will be billed the full amount of the selected subscription option. No refunds, offsets, or credits will be granted for early cancellation or termination of a subscription plan or account. MSM reserves the right to modify subscription options and pricing at any time. You can cancel your account at any time, and following your cancellation, you’ll have access to the Subscription Content until the end of your current plan.
MSM STRICTLY RESERVES THE RIGHT TO TERMINATE AND DENY ACCESS TO THE SITE, OR ANY PART THEREOF, FOR ANY REASON. This includes misuse and/or abuse of your access to the Site or the Subscription Content, or violation of these Terms and Conditions, the Privacy Policy, or any other agreement or license with us. Upon termination, all access to the Subscription Content will cease, and no further charges will be billed to your account. Your cancellation of your account and/or termination of a Subscription Plan will not affect any of MSM’s rights or your obligations arising under these Terms prior to termination.
Site Store
Occasionally, MSM offers physical and digital goods (“Products”) and services for purchase via the Site Store. In these instances, additional terms may apply to your usage and access of the Site Store, which are incorporated by reference herein. The Site Store may employ third-party operational service providers. All transactions conducted through these third-party service providers are subject to their respective terms and conditions of use. MSM bears no responsibility or liability for goods or services obtained through our third-party operational service providers or other websites or web pages. We recommend conducting a thorough investigation before proceeding with any online transactions with these third parties. You agree to pay in full for any Products purchased from the Site Store at the time of your order, and to pay all applicable taxes.
Intellectual Property
MSM owns and/or is the authorized user of all trademarks, copyrights, and all other intellectual property found on or within the Site, including, but not limited to, video, audio, sounds, text, images, photos, pages, and software, unless otherwise stated. Except as outlined in these Terms, usage of the Site does not confer any right, title, interest, or license in any of the intellectual property and proprietary rights accessible on the Site. Except as outlined in these Terms, any usage or reproduction of the intellectual property is strictly forbidden.
You agree that you are permitted to use this content only as defined in these Terms, or as explicitly authorized in writing by MSM or our licensors. You agree not to copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share, or make available to any person, or create derivative works of such material or content. Any unauthorized use of the Site, or the content, code, data, or materials thereon, other than what is permitted herein, may infringe trademark, copyright, and other laws of the United States, other countries, and applicable state laws, and could lead to legal liability. MSM will enforce its trademark, copyright, and other intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
DCMA Policy
MSM upholds the rights of intellectual property owners. If you suspect that your copyrighted material has been infringed upon and is accessible on our site, you are encouraged to reach out to our Copyright Agent as stipulated under the Digital Millennium Copyright Act of 1998 (“DMCA”). Please ensure your claim adheres to the DMCA requirements, providing the following details in written form (see 17 U.S.C 512(c)(3) of the U.S. Copyright Act for more specifics):
- A physical or digital signature of an individual authorized to represent the owner of the copyright that’s reportedly been infringed;
- Identification of the copyrighted content claimed to have been infringed. If several copyrighted pieces on a single online platform are covered by a solitary notification, a representative list of such content on the platform is required;
- Identification and adequate information about the material alleged to be infringing or the subject of infringing activity, to enable MSM to locate the material;
- Sufficient contact information to allow MSM to get in touch with you, which may include an address, phone number, and, if available, an email address;
- A statement confirming your good faith belief that the usage of the content in the disputed manner is not sanctioned by the copyright owner, its agent, or the law;
- A declaration, under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Please submit the aforementioned information as a written or emailed notification to the following designated Copyright Agent:
1301 E Parkerville Rd.
Suite A8-1132
DeSoto, TX 75115
Attn: Copyright Agent
dcma@marketstandardmedia.com
User Conduct
As a user, you acknowledge and agree that you are the sole party responsible for your actions on the MSM Site, and any unlawful or harmful behavior is prohibited. You hereby affirm that you shall not:
(a) Impersonate any individual or entity or falsely represent your affiliation with any person or organization; (b) Commercially exploit any information or material acquired through the Site, unless expressly authorized by the provider of such material; (c) Involve in spamming, flooding, harvesting email addresses or other personal data, spidering, “screen scraping,” “database scraping,” or any similar activities aimed at acquiring user lists or other information. You also agree not to propagate chain letters or pyramid schemes via the Site; (d) Attempt unauthorized access to other computer systems via the Site; (e) Engage in stalking or harassing any individual via the Site; (f) Use the Site to contact any individual for commercial purposes; (g) Use the Site to contact any individual for any inappropriate, unlawful, or illicit purpose; (h) Intentionally or unintentionally engage in or incite behavior that would contravene any local, state, national, or international law, rule, regulation, judicial or government order, treaty, give rise to civil liability, or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity, or other rights of ours or any other person or entity; (i) Modify, disrupt, impair, alter, or interfere with the use, features, functions, operations, or maintenance of the Site or impede the rights or enjoyment of the Site by any other party.
Moreover, you acknowledge and agree that MSM may access, preserve, and disclose your account and registration data, as well as any other content or information, if legally required or based on a good faith belief that such actions are necessary to:
(a) Comply with legal processes; (b) Enforce these Terms and/or the Privacy Policy; (c) Respond to claims that any content or information infringes upon third-party rights; (d) Address your requests for customer or technical support; (e) Protect the rights, property, or personal safety of MSM, Site users, or third parties.
User Risk
When using the MSM Site, you assume all risks involved, including, but not limited to, all risks associated with online or offline interactions with others. These may include communication, bartering, buying, selling, and correspondence. You agree to take all necessary precautions when engaging in these activities. MSM HOLDS NO LIABILITY OR RESPONSIBILITY FOR ANY ACTIVITIES YOU UNDERTAKE WITH INDIVIDUALS YOU CONNECT WITH THROUGH THE SITE, AND MSM EXPRESSLY DISCLAIMS ALL WARRANTIES OF SAFETY AND LIABILITY FOR YOUR ACTIONS AND INTERACTIONS.
Third-Party Websites and Applications
The MSM Site may provide links to other sites and/or applications that could be of interest to you, but these are not under our control. These links do not constitute an endorsement by MSM, and we hold no responsibility for the availability or content of any linked site or application. If you interact with any third-party site or application that collects personally identifiable information from you, we bear no responsibility or liability for their actions. As such, MSM encourages you to exercise caution when leaving our Site and to familiarize yourself with the terms and conditions and privacy policies of each website or application you visit or engage with.
Promotions
MSM may conduct various promotional activities on, through, or in association with the Site, which could include contests, sweepstakes, and other events (collectively referred to as the “Promotions”). Each Promotion may have its own terms and/or rules which will be either posted or made available to you. For the purpose of each Promotion, these terms and rules will be considered an integral part of these Terms.
Disclaimer of Warranties
THE MSM SITE IS PROVIDED ON AN “AS IS” BASIS, AND YOUR USAGE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE, ALONG WITH OUR SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, ADVERTISERS, SUPPLIERS, VENDORS AND OPERATIONAL SERVICE PROVIDERS, DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE FREE FROM VIRUSES, ALWAYS AVAILABLE, OR THAT ITS CONTENT WILL BE ACCURATE. WHILE WE TAKE REASONABLE MEASURES TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET CANNOT BE COMPLETELY SECURE, AND WE OFFER NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE PROTECTED FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE NOT SATISFIED WITH THE SITE, YOUR SOLE RECOURSE IS TO STOP USING THE SITE.
Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS, DISCLAIM ALL LIABILITY FOR ANY LOSS, COST, OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) THAT YOU MAY INCUR AS A RESULT OF USING THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE. THIS APPLIES WHETHER SUCH LOSS, COST OR DAMAGE OCCURS AS A RESULT OF OUR NEGLIGENCE OR OTHERWISE, AND EVEN IF WE ARE EXPLICITLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN TOTAL (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, OR USE OF THE SITE EXCEED, IN TOTAL, MORE THAN DOUBLE THE ANNUAL SUBSCRIPTION PLAN FEE ACTUALLY PAID BY YOU.
Promotional Activities
Market Standard Media MSM may organize a variety of promotional activities on or in association with the Site, including but not limited to contests, sweepstakes, and other related events (collectively, the “Promotions”). Each Promotion might have specific terms and/or rules which will be posted or made accessible to you. These terms and rules will be considered an integral part of these Terms for each individual Promotion.
Warranty Disclaimer
THE MSM SITE IS PROVIDED ON AN “AS IS” BASIS, AND YOU USE THE SITE AT YOUR SOLE RISK. WE, ALONG WITH OUR SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, ADVERTISERS, SUPPLIERS, VENDORS, AND OPERATIONAL SERVICE PROVIDERS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEE THAT THE SITE WILL BE VIRUS-FREE, CONTINUOUSLY AVAILABLE, OR THAT ITS CONTENT WILL BE ACCURATE. WHILE WE MAKE REASONABLE EFFORTS TO SECURE THE SITE, YOU RECOGNIZE THAT THE INTERNET CAN NEVER BE FULLY SECURE, AND WE CANNOT GUARANTEE THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR ONLY OPTION IS TO DISCONTINUE USE OF THE SITE.
Liability Limitation
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE, INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS, DISCLAIM ALL LIABILITY FOR ANY LOSS, EXPENSE, OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE. THIS APPLIES WHETHER SUCH LOSS, EXPENSE OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND EVEN IF WE HAVE BEEN EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES, AND CAUSES OF ACTION IN AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, OR USE OF THE SITE EXCEED, IN TOTAL, MORE THAN TWICE THE ANNUAL SUBSCRIPTION PLAN FEE ACTUALLY PAID BY YOU.
Compliance with Local Laws
MSM operates the Site from its offices in the United States of America. MSM does not represent that content on the Site is appropriate or available for use in other locations. Any party who chooses to access the Site from other locations does so on their own initiative, and is responsible for compliance with local laws, if and to the extent local laws are applicable.
Assignment of Rights
You are not permitted to assign any of your rights or delegate any of your obligations under these Terms or the Privacy Policy. Any attempted assignment or delegation on your part will be considered null and void. MSM, on the other hand, retains the right to freely assign or delegate any of its rights or obligations under these Terms or the Privacy Policy. These Terms and the Privacy Policy are binding upon and will benefit both MSM and you, as well as our respective successors and assignees.
Headings
The headings used in these Terms and the Privacy Policy are included for convenience only and should not be used to interpret the provisions herein.
Severability
If any provision (or part thereof) of these Terms or Privacy Policy is deemed invalid, unenforceable, or illegal by any court or administrative body of competent jurisdiction, all other provisions shall remain in effect. If any such invalid, unenforceable, or illegal provision could be made valid, enforceable, or legal by removing a portion of it, the provision will apply with whatever modification necessary to achieve the original commercial intent of the parties.
Entire Agreement
These Terms & Conditions, together with our Privacy Policy, represent the complete agreement between you and us regarding its subject matter, superseding all prior promises, representations, agreements, statements, and understandings. To the extent that the Site offers other content or software, such content and software may be governed by a license agreement that is distributed or included with said content and software. You agree to comply with the terms and conditions of any such license agreements. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.