These Terms of Service apply to all users of the Service, including users who are also contributors of Content to the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of MediaZilla, including but not limited to all products, software and services offered via the MediaZilla website, such as the MediaZilla "Embeddable Media," social media integration features, and other applications.
The Service may contain links to third party websites that are not owned or controlled by MediaZilla. MediaZilla has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MediaZilla will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve MediaZilla from any and all liability arising from your use of any third-party website.
Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.
We require your permission to host the content you provide, back it up, and share it at your request. Our Services also provide you with features like photo thumbnails, editing and sharing. These and other features may require our systems to access, store and scan your content. You grant us permission to do those tasks. This permission also extends to trusted third parties with whom we work.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on our Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload Content; and you license to MediaZilla all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for sharing on the Service pursuant to these Terms of Service.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MediaZilla all of the license rights granted herein.
You shall not download any Content unless you see a "download" or similar link displayed by MediaZilla for that specific Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Content owner or the respective licensors of the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
MediaZilla has established different rules for content that is kept Private vs. Public (i.e. shared with others). Content that has been password protected is still considered Public within the context of this section. User uploaded content will be kept private by default until the user explicitly chooses to make such content Public.
Private Content Rules
MediaZilla does not allow any illegal content to be uploaded, including but not limited to Child Pornography, bomb making, promotion of terrorism, content in violation of local or national laws, and content that you do not have the necessary licenses, rights, consents, and permissions to upload. Be advised that we work closely with law enforcement, and we report child exploitation.
Public Content Rules
All Public Content is subject to the same rules as Private Content in addition to the rules specified hereafter. The following content shall not be made Public.
Anyone caught committing these actions may be permanently banned from MediaZilla.
Exception: Content that is considered a documentary film at our sole discretion may be exempt from the list above, excluding the Private Content requirements. A documentary film is a nonfictional motion picture intended to document some aspect of reality, primarily for the purposes of instruction or maintaining a historical record. If you have any questions or concerns regarding the appropriateness of your content that you wish to make Public, please send an email to firstname.lastname@example.org.
MediaZilla staff review content reported to us that violate the Terms to determine whether they violate our Prohibited Conduct and Use guidelines. If they do, we remove them. Accounts are penalized for violations and serious or repeated violations and can lead to account termination. If your account is terminated, you will be restricted from creating any new accounts.
If you feel specific content has violated our Prohibited Conduct and Use guidelines, please send an email to email@example.com with a detailed description of the violation and a link to the content.
Account Access: Once you activate your account you will have immediate access to begin using the full functionality of our Services.
Billing: We will automatically bill you on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we will charge tax when required to do so. If your account is not paid by the periodic renewal date, it will be suspended until such required payment is made. Suspended accounts may be terminated after 30 days after which a user's content may be deleted at our discretion.
Changes: We may change the fees in effect but will give you advance notice of these changes via email to the address associated with your account.
Monthly Members: You will have a monthly video upload quota equal to 1/12 of the annual quota.
Annual Members (paid annual): You will receive your full annual video upload quota upfront and will not have a monthly quota. Your annual quota will refresh on your annual renewal date.
Annual Members (paid monthly): You will receive your full annual video upload quota upfront and will not have a monthly quota. Your annual quota will refresh on your annual renewal date.
All accounts: All successfully uploaded videos, including original and replaced, will count against your upload quota. Deleting videos in your account will not decrease your used quota.
In no event shall MediaZilla, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that MediaZilla shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by MediaZilla from its facilities in the United States of America. MediaZilla makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own choice and are responsible for compliance with local law.
We prefer to address your concerns without formal legal proceedings. Prior to filing a claim against MediaZilla, you agree to make a good faith attempt to resolve the dispute informally by contacting MediaZilla. If a dispute cannot be resolved in a timely manner, you or MediaZilla may bring a formal proceeding.
You agree that any claims relating to these Terms of Service will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our offices located at 12792 Valley View St, Ste 210, Garden Grove, CA 92845. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, MediaZilla will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Exceptions to Agreement to Arbitrate: Either you or MediaZilla may assert claims, if they qualify, in small claims court in Orange County (CA). Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If MediaZilla fails to enforce a provision it will not be deemed a waiver of its right to do so later.
If a provision of these Terms of Service is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
You and MediaZilla agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.