1. ACCEPTANCE OF TERMS
MediaCow is a progressive network. In these Terms and Conditions we collectively refer to this venture group as “The Cow, “ or more simply, “we.”
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You should review this agreement on a regular basis to keep yourself apprised of any changes.
3. LIMITS AND PURPOSE OF SERVICE
We created this Service for several reasons: to provide an Internet soapbox for Jim Hightower and our long list of sometimes funny friends who speak the truth but often get censored by big media, to enlighten and entertain the public, and to try to make the world a better place by linking up individuals, activist groups, NGOs, and anybody else paying attention into self-forming social networks, comprised of people who want to become agents of change on a particular issue. With The Cow, you can have your entertainment cake and eat it too.
4. SERVICE GUARANTEE; LIMITATION ON SCOPE OF SERVICES OFFERED
If we are unable to provide the expected level of service for any reason, including, but not limited to service outages, war, acts of God or negligence, please do not try to hold farmer Brad, The Cow or any of their affiliates liable. We do not guarantee that the web site will be available 100% of the time but will do our best to get your Cow to you.
5. ACCEPTABLE CONTENT
We reserve the right to reject or edit any Content submitted to us at our sole discretion. Once material has been submitted to a web site offering The Cow, it becomes the property of The Cow. Certain user information also may be shared with our content partners who are providing the works to us.
To the public: You understand that all video, sounds, text, files, images, photos, and all other materials not produced and provided by The Cow are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service.
Furthermore, the site and Content available through the Service may contain links to other websites, which are completely independent of us. We make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any such site. Your linking to any other websites is at your own risk.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that impersonates any other person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies or mimicry of public figures, particularly if they are very funny);
c) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
7. SPAMMING POLICY
We do not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM). We reserve the right to suspend access privileges to any user that mentions The Cow, MediaCow Inc., or any of their associated websites, URLs, or any associated email address in any SPAM e-mail message or Usenet posting. We will be the sole judge in determining what constitutes SPAM.
8. THIRD PARTY CONTENT, SITES, AND SERVICES
The site and Content available through the Service may now or in the future contain features and functionalities that may link you or provide you with access to third party content which is completely independent of The Cow, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings you may have with these third party sites.
9. TERMINATION OF SERVICE
You agree that MediaCow Inc., and their affiliates, in their sole discretion, have the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for good cause, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that The Cow and its affiliates shall not be liable to you or any third-party for any termination of your access to the Service.
10. NOTIFICATION OF CLAIMS OF INFRINGEMENT
We are strong believers in open source software, and in public licensing of content to the fullest extent possible. If you believe that your work has been copied in a way that constitutes copyright infringement, or trademark infringement, or that your intellectual property rights have been violated, we want to help you protect your rights. Please notify our agent for claims of intellectual property infringement, at:
2917 Ashby Ave
Berkeley, CA 94705
Please provide our agent with the following Notice:
a) Identify the material on the site that you claim is infringing, with enough detail so we can locate it on the website.
b) A statement by you that you have a good faith belief that the disputed material is not authorized by the copyright owner, its agent of the law;
c) A statement by you under penalty of perjury that (1) the information you provide is accurate, and (2) you are the owner of the intellectual property interest at issue or are authorized to act on the owner's behalf;
d) Your address, telephone number and email address; and
e) Your physical signature.
We will remove the infringing material subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
11. PRIVACY AND ADVOCACY NETWORK-BUILDING POLICY DISCLOSURE
Your use of the “Sneak Preview” Service and other associated services signifies acknowledgement of and agreement to our Privacy and Advocacy Policy. You acknowledge and agree that in exchange for participation in the Service, you will accept email or other unobtrusive communications from MediaCow Inc, as well as any joint venture entities or noncommercial advocacy or interest groups that champion causes which are the subject of particular Cow episodes (hereafter “interest affiliates”). For example, if you sign up to preview an episode on the Drug Wars (A Hightower episode), you might be asked to agree to receive emails from the Marijuana Policy Project (not, alas, offering you high quality buds at a bargain price but only the straight dope in the form of accurate information). We will notify you ahead of time just who you are inviting to knock at your door.
The Cow and its affiliate, further reserve the right to preserve or disclose certain information, such as email addresses, IP addresses, timestamps, and other user information, for the formation of affinity networks organized by MediaCow Inc. to which you have given your consent to be contacted. Our server automatically logs the domain name or IP address of the user, and we will collect other metrics attempting to match particular users with noncommercial interest groups aligned on particular issues. We may also collect browser version and system platform information, the referring page, requested pages, and the date and time of page requests.
Finally, although we will resist government and civil subpoena to protect your privacy, we may be forced to disclose identifying information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, or to enforce these Terms, or respond to claims that any Content violates the rights of third-parties.
12. PUBLIC LICENSE
The MediaCow Service is provided subject to a form of public license. Specifically, it is provided subject to the Creative Commons “attribution no derivatives license” that can be found at: http://creativecommons.org/licenses/by-nd/2.5/). A full version of that license is available for viewing at: http://creativecommons.org/licenses/by-nd/2.5/legalcode.
Under this license, you are free to copy, distribute, display, and perform the work under the following conditions:
Attribution. You must attribute the work in the manner specified by the author or licensor.
No Derivative Works. You may not alter, transform, or build upon this work.
For any reuse or distribution of this Service, you must make clear to others the license terms of this work. Any of these conditions can be waived if you obtain express permission from the copyright holder. The same license will apply to all content provided by a third party user of the Service, unless expressly marked otherwise and accepted for use on a site offering The Cow Service.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. THE COW AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. THE COW AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COW OR ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.