Terms of Service
Updated: October 25, 2020
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER THAT IMPACT YOUR LEGAL RIGHTS TO RESOLVE DISPUTES UNLESS YOU OPT OUT. PLEASE READ IT CAREFULLY.
MediaLab.AI, its parents, subsidiaries, and affiliate companies, (collectively, “MediaLab” or “we”) provides the MediaLab website, mobile applications, and other online products and services, including without limitation the following: Whisper; Kik; Datpiff; Worldstar; Amino; Coco; and Manga (we call these the "Services").
1. AUDIENCE AND ACCOUNTS
By using the Services, you agree to: (a) maintain the security of your account by not sharing your password (if you have an account with a password) or other access credentials with others; (b) restrict access to your account and your computer or mobile device; (c) promptly notify MediaLab if you discover or otherwise suspect any security breaches related to the Services; and (d) take responsibility for all activities that occur under your account and accept all risks of unauthorized access; and (e) comply with these Terms and the Community & Content Policy.
You understand that you are responsible for all data charges you incur by using the Services.
2. YOUR USE OF THE SERVICES
You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right, or constitute a tort. You are solely responsible for your conduct while on the Services and you use the Services at your own risk.
The Services offer users the ability to communicate and interact with one another. We encourage Users to treat each other with respect, and to understand that Users are solely responsible for their interactions with others. MediaLab has no responsibility or liability with respect to any online or offline interactions. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with others.
When using the Services, You further agree not to:
· Use the Services in any manner that could inhibit other users from fully enjoying the Services or that could damage or impair the functioning of the Services;
· Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
· Attempt to indicate that you have a relationship with MediaLab or that MediaLab has endorsed you or any products or services;
· Send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Services for the purpose of sending commercial messages, or use any domain name or URL in any account username or nickname;
· Attempt to reverse engineer any aspect of the Services or do anything that might circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
· Use or attempt to use another’s account without authorization from such user and MediaLab;
· Develop any third-party application that interacts with the Services without MediaLab’s prior written consent;
· Use any automated means or interface not provided by MediaLab to access or manipulate the Services or content (for example: using bots, crawlers, scripts, Maillist, Listserv, auto-responders or "spam", or any processes that run or are activated while you are not logged into the Services);
· Use the Services or the Service Materials (defined below) for anything other than their intended purpose or in a way that violates the Community & Content Policy.
3. USER CONTENT
The Services allow you and other users to create, post, send and store content or submissions, including messages, text, photos, videos, and other materials (we call these "User Content"). You are permitted to post User Content that: (a) is non-confidential; (b) you own or have all necessary legal rights to post to the Services; (c) you have the written consent, release, and/or permission from each identifiable person to use their name or likeness; (d) is accurate and not misleading or harmful in any manner; and (e) complies with these Terms, the Community & Content Policy, and any applicable laws, rules or regulations. You understand that User Content may be displayed publicly.
With some of our Services, we may enable linking or sharing to certain available content. When such linking or sharing is permitted, you may only do so for personal, non-commercial purposes, and this permission is non-transferable and may be revoked at any time. Any such links shall: (i) contain only text, and not any MediaLab or Services trademarks, (ii) not suggest affiliation with MediaLab or cause confusion; and (iii) not portray MediaLab or the Services in a false, misleading, derogatory, or otherwise offensive manner, and not contain content that violates these Terms or the rights of any third party.
You affirm, represent, and/or warrant that: (i) you own or have the necessary legal licenses, rights, consents, and permissions to use, post, publish the User Content and to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use their respective name or likeness to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms.
MediaLab does not control, take responsibility for or assume liability for any User Content or any loss or damage related to User Content. Specifically for the Service “Manga,” MediaLab reserves the right to change the source of manga without prior notice. MediaLab does not claim to own or create any of the manga, or their underlying content, and MediaLab’s re-designation of the source of manga does not create any right of ownership to, or any liability for, the manga.
What’s Not Permitted?
User Content shall not violate these Terms or the Community & Content Policy for any Service, which we may update from time to time. You agree not to post, store, create or otherwise publish or send through the Services any User Content that violates these Terms and/or the Community & Content Policy. Among other things, MediaLab forbids User Content that infringes other’s intellectual property rights, including without limitation, copyright, trademark, patent, trade secret, privacy or publicity rights. Some other examples of User Content that is not permitted include, without limitation:
· Material that you do not own or have the legal rights to post in accordance with these Terms. For example, material that is the copyright, trademark, patent, or trade secret of another, or is otherwise subject to third party proprietary rights, including privacy and publicity rights;
· Falsehoods or misrepresentations that could damage any third party or MediaLab;
· Material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate as determined in our sole discretion;
· Advertisements or solicitations of business; and
· Fraudulent content or impersonating another person.
For additional information on prohibited User Content, please review the Community & Content Policy.
4. COPYRIGHT COMPLAINTS
MediaLab respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may complete the DMCA form provided on our Services, or notify MediaLab’s Designated Agent. DMCA #: DMCA-1027409 E-Mail: . Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by MediaLab or the alleged infringer as the result of MediaLab’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
5. HOW WE RESPOND TO VIOLATIONS
Removal of User Content; Suspending or Terminating Account
As explained in the Section called “Termination,” MediaLab has the absolute right to stop providing part or all of the Services, or to suspend or terminate a User’s account at any time. MediaLab also has the right to delete or remove any User Content that we, in our sole discretion, view as violating these Terms, our Community & Content Policy, or for any other reason. Removal of User Content and/or terminating access to Services can be done without prior notice to the User.
Without limiting MediaLab’s absolute rights of termination or removal (see Section 17 below), there are certain actions that will result in immediate removal of User Content and/or account termination. User Content that poses a legal risk, is a threat to community members, or violates these Terms will be immediately removed. In addition, if we receive notice that User Content is alleged to infringe a third party’s intellectual property or proprietary rights, it will be immediately removed and you will be notified.
If you are determined to be a repeat offender, MediaLab will terminate your access to the Services. A repeat offender is a User who has been notified at least twice that they engaged in prohibited activity and/or has had User Content removed from any of the Services at least twice.
If your account has been suspended or terminated, and you wish to dispute it, please contact us at: .
6. COPYRIGHT, TRADEMARK AND LIMITED LICENSES
ALL INTELLECTUAL PROPERTY RIGHTS TO WORKS THAT ARE NOT THE PROPERTY OF MEDIALAB OR ITS SERVICES THAT ARE USED OR REFERRED TO ON THE SERVICES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
a. Our Intellectual Property
The names, logos, and any slogans of the Services, are trademarks of MediaLab, its affiliates, suppliers or licensors. Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Service names, logos and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files (collectively, the "Service Materials") as well as their selection and arrangement are the proprietary property of MediaLab or its licensors and are protected by U.S. and international copyright, trademark and other laws. Except as explicitly stated in these Terms, MediaLab does not grant any express or implied right to use Service Materials.
The Services and any necessary software used therein contain proprietary and confidential information that is protected by law. You acknowledge and agree that the Services and Service Materials are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as permitted by us in writing, you agree not to reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Services in whole or in part. MediaLab’s ownership rights to the Services and Service Materials includes future developments, updates, modifications, and enhancements.
b. Our Limited License to You
You are granted a limited, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Service Materials as described in these Terms for your personal, non-commercial use. This license is revocable at any time. This limited license does not change our rights of ownership to the Services and Service Materials. MediaLab continues to own all right, title, and interest in and to the Services and Service Materials, even if you incorporate Service Materials into your User Content. But we do not own your purely original content. MediaLab reserves the right to change, improve, or discontinue the Services, Service Materials, or any aspect thereof at any time without advance notice.
c. Your License to Us
To provide the Services, it is necessary for us to have certain permissions to work with User Content. You grant MediaLab a nonexclusive, royalty-free, worldwide, transferable, and fully sub-licensable right to use, reproduce, modify, host, publish, translate, create derivative works from, distribute, run, publicly perform or display your User Content in any media (now known or later developed), including in connection with MediaLab’s marketing and promotional activities. This permission does not affect your ownership rights, if any, to your User Content. You further grant MediaLab the right to publicly display your username in connection with User Content.
This license also includes the right for MediaLab to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services.
To terminate this license, you will need to delete your User Content or your account. Please note that if your User Content was shared with or by others, it will continue to appear on the Services.
7. THIRD-PARTY CONTENT
The Services may integrate with or otherwise interact with third party services or devices to bring you the Services. The Services may also include links and other content owned or operated by third parties, including advertisements and social "widgets." We may also allow access to third-party merchant sites from which you may purchase goods or services. We call all of these third-party services, merchants, and content "Third-Party Applications and Content."
Third Party Applications and Content have their own terms and privacy policies that govern your usage or interactions with them and their services or content. Your interactions with Third-Party Applications and Content are solely between you and the third party. Accordingly, you must read the terms and conditions and privacy policies of any Third-Party Applications and Content provider that you visit, interact with, or from whom content is posted on our Services.
You acknowledge that MediaLab does not control, endorse, or have the ability to censor Third Party Applications and Content. You agree that MediaLab assumes no responsibility or liability for the services, content, privacy policies, or practices of any Third Party Applications and Content and you access, use, or transact with Third Party Applications and Content at your own risk. We are not a party to any transactions entered into between you and any Third Party Applications and Content providers. MediaLab does not warrant that any Third Party Applications and Content are compatible with the Services and expressly disclaims any liability for any damages arising from your interaction with Third Party Applications and Content.
8. EXPORT CONTROL
The Services may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you: (1) are not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) are not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from MediaLab or the Services to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
9. FEEDBACK AND OTHER SUBMISSIONS
Separate from User Content, you may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call these "Submissions"). Submissions are considered User Content and treated accordingly under these Terms, except with regards to ownership rights. You acknowledge and agree that Submissions are non-confidential and will become the sole property of MediaLab and that MediaLab will own all right, title, and interest in and to any Submissions. You agree to execute any documentation required by MediaLab to confirm such assignment to MediaLab.
10. FEES; PAYMENTS
For any of the Services that charge a fee or require a subscription, you can make payment or purchase the subscription as described in the applicable Service. MediaLab reserves the right to charge for certain or all Services it offers in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using those Services, you will be required to pay all applicable fees at that time. You represent and warrant that if you are making any payments for or purchases through the Services that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company or bank, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
You agree to defend, indemnify and hold harmless MediaLab, its parents, subsidiaries or affiliates, service providers, independent contractors, and consultants, and their respective directors, officers, employees, and agents (collectively, “MediaLab Parties”), from and against any third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or in any way connected to, directly or indirectly: (a) your use of the Services; (b) your User Content or Submissions; (c) these Terms and/or the Community & Content Policy; (d) your violation of any third party’s rights; and/or (e) your conduct in connection with the Services.
MediaLab, and/or the applicable MediaLab Parties, reserve the right to assume the exclusive defense and control of any matter that is subject to this indemnification. If this right is exercised, you will cooperate with MediaLab in the defense of any claim as we require. In no event shall you settle any claim without our prior written consent.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SERVICE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MEDIALAB. MEDIALAB DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND SERVICE MATERIALS. MEDIALAB DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVICE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR WILL CONTINUE TO BE OFFERED. MEDIALAB IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MEDIALAB ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, MEDIALAB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
13. LIMITATION OF LIABILITY
You understand that when using the Services, you will be exposed to other users and to User Content from a variety of sources, and that users or User Content may be inaccurate, offensive, indecent, or objectionable. You may also access third party content or services. MediaLab does not control you or other users’ conduct or the User Content, nor any third party content or services, and therefore we are not responsible for them. MediaLab also does not endorse any user or User Content or any opinion, recommendation, or advice expressed therein. You assume all risk arising from your use of the Services, including but not limited to all of the risks associated with any online or offline interactions with other users or with any third party content or services. You agree to take any and all necessary precautions when interacting with other users and with third party content and services.
To the fullest extent permitted by applicable law, you agree that MediaLab and the MediaLab Parties shall not be liable for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected to these Terms, the Services or Service Materials, even if we know they are possible (collectively, “Losses”). This includes, without limitation, Losses from your use of or inability to use the Services or the Service Materials, from reliance on any information obtained through the Services or that result from the online or offline conduct of you or anyone else in connection with the Services (including without limitation bodily injury, death or property damage), from deletion of files, accounts, or User Content, and/or from mistakes, omissions, interruptions, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to MediaLab’s or the MediaLab Parties’ records, programs or Services.
To the fullest extent permitted by applicable law, in no event shall the aggregate liability of MediaLab or the MediaLab parties for any Losses, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Services or to these Terms exceed the greater of: (i) any compensation you paid, if any, to MediaLab for access to or use of the Services for the twelve (12) months immediately preceding the Loss; or (ii) the amount of $100.00.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you. If you do not agree to this limitation of liability, your remedy is to terminate your account and discontinue using the Services.
14. MODIFICATIONS TO THE SERVICES
MediaLab reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions of the Services or Service Materials, without prior notice. You agree that MediaLab will not be liable for any modification, suspension or discontinuance of the Services or Service Materials, or any part thereof.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MEDIALAB.
Any dispute, claim, or cause of action arising out of or relating in any way to these Terms, the Services, or Service Materials (we call these “Disputes”), shall be resolved by confidential binding arbitration on an individual basis, rather than in court, except as otherwise stated herein. You and MediaLab each waive your respective rights to a jury trial for Disputes. This arbitration provision is governed by the Federal Arbitration Act.
As an exception to the arbitration requirement, the following disputes may be brought in court: (i) any dispute that seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (such as copyrights, trademarks, trade names, logos, trade secrets, or patents) may be brought in court; (ii) any claim of interference or attempted interference with our Services; and (iii) disputes regarding the scope and enforceability of this arbitration provision. In addition, either party may assert the Dispute in small claims court if the Dispute qualifies.
You and MediaLab agree that Disputes are personal and therefore, class actions and class arbitrations are not permitted. Neither you nor MediaLab will commence against the other a class action, class arbitration or other representative action or proceeding that would affect other users of the Services. The arbitrator does not have the authority to conduct a class arbitration or a representative action, and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Any arbitration under this provision shall be held in Los Angeles, California (or, alternatively, via telephone or video conference) before and in accordance with the applicable rules of JAMS, which are available on the JAMS website. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. Arbitrations shall be conducted in English. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
As limited by the Federal Arbitration Act, these Terms, and the applicable JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any individual Dispute and to grant any remedy that would otherwise be available in court (excluding class arbitrations or representative actions as noted above). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and MediaLab agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises before filing for arbitration. Notice to MediaLab must be sent to . If the Dispute is not resolved informally between the parties within thirty (30) days of the date of notice, then either party may initiate arbitration in accordance with these Terms.
Any Dispute must be filed within eighteen months after it arose; otherwise, your claim is permanently barred.
Opt-Out of Arbitration: You have the right within thirty (30) days of first accepting these Terms to decline this agreement to arbitrate. To do so, you must send written notice with your name, address, username, email address or phone number that you use for your Service account, identify the Service(s) you use, and clearly state that you want to opt out of the Terms of Service arbitration agreement. Send this notice to: 1222 6th St., Santa Monica, CA 90401.
If you choose to file an arbitration proceeding after providing MediaLab the required notice, MediaLab will pay the filing fees, administration and hearing costs, and arbitrator fees if the arbitration seeks less than US $10,000 and the Dispute is not determined to be frivolous or improper by the arbitrator. We will also pay the fees and costs for any arbitration that we initiate. For all other Disputes, the fees and costs shall be paid according to the JAMS rules, including rules regarding frivolous or improper claims. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
16. APPLICABLE LAW AND VENUE
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of California without resort to its conflict of law provisions. To the extent the arbitration requirement does not apply (if ever), you agree that any action at law or in equity for any Dispute shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding for any Dispute.
Section 5 of these Terms have described specific instances in which MediaLab will automatically terminate a User’s account for specified violations, such as for repeat infringement. In addition, MediaLab reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and/or Service Materials at any time and to block or prevent your future access to, and use of, the Services and/or Service Materials, for any or no reason. MediaLab also has the right to remove prohibited User Content at any time, without prior notice and at its sole discretion.
If any provision, or part thereof, in these Terms shall be deemed unlawful, void or for any reason unenforceable, then the unenforceable provision or part thereof, shall be deemed severable from these Terms and shall not affect the validity and enforceability of the rest of the provision and any remaining provisions in these Terms.
19. CHANGES TO TERMS
If we makes changes to these Terms, we will provide notice by posting a notice on the Services and will give you an opportunity to review the changes before they go into effect. We will also update the "Last Updated" date on the first page once the Terms take effect. Your continued use of the Services after notice will confirm your acceptance of the changes. If you do not agree to the updated Terms, you may delete your account(s).
20. FORCE MAJEURE
Neither party will be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation, acts of God, terrorism, war, riots, fire, natural disasters, outbreaks or pandemics, or degradation or failure of third party networks or communications infrastructure.
21. ENTIRE AGREEMENT
This is the entire agreement between you and MediaLab regarding this subject matter and it supersedes any other written or oral information or agreements. You cannot assign your account without our written consent. We may assign or delegate our rights and obligations in whole or in part without your consent. No failure or delay by MediaLab in exercising any of its rights under these Terms shall be deemed a waiver of those or any other rights. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of MediaLab or any of the Services, and you do not have any authority of any kind to bind MediaLab in any respect whatsoever, and there are no third party beneficiaries intended under these Terms. The following sections will survive termination of these Terms or your account: 6a, 7, 9, 11, 12, 13, 15, 16, and 20.
22. QUESTIONS & CONTACT INFORMATION
Questions, comments, or notices under the Terms of Service may be directed to MediaLab at .