Welcome to Crosswalk Media.
To ensure a safe, non-offensive environment for all of our users, we have established these Terms and Conditions of Use and Service (the “Terms”). These Terms explain what you can expect from us and what we expect from you.
By accessing any area of www.crosswalkmedia.com
, you agree to be legally bound by and comply with these Terms. Crosswalk Media Inc. (“CMI”), a Delaware corporation, owns and operates this website.
References to the “Website” include:
• www.crosswalkmedia.com
• Any subdomain of www.crosswalkmedia.com
• Any mobile application operated by CMI
• Any other website operated by CMI
Except as otherwise noted, these Terms govern your use of the Website. In these Terms, “You” and “User” refer to any person accessing or using the Website.
By using or accessing the Website, including any cached version of the Website or any information obtained from it, you acknowledge that you agree to and are subject to these Terms. If you do not agree to these Terms in full, you are not authorized to access or use the Website.
I. TRADEMARKS
“Crosswalk Media” is a service mark of Crosswalk Media Inc. All rights reserved.
Website graphics, logos, service marks, and trademarks of CMI and its affiliates may not be used without prior written consent from CMI. All other trademarks, product names, company names, and logos appearing on the Website are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
Your use of the Website is at your sole risk. Neither CMI nor its officers, directors, employees, agents, licensors, sponsors, or third-party providers (collectively, the “Providers”) warrant that the Website will be uninterrupted or error-free, or that any information or content available through the Website is accurate, reliable, or current.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CMI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING DAMAGES CAUSED BY ERRORS, OMISSIONS, INTERRUPTIONS, VIRUSES, DELAYS, OR UNAUTHORIZED ACCESS.
Because some jurisdictions do not allow certain limitations of liability, these limitations apply to the fullest extent permitted by law.
III. CONTENT
A. PROPRIETARY RIGHTS
The Website contains content including text, images, videos, software, graphics, sounds, and other materials (collectively, the “Content”) protected by copyright, trademark, trade secret, and other intellectual property laws.
All Content is copyrighted as a collective work under U.S. copyright law, and CMI owns the copyright in the selection, coordination, arrangement, and enhancement of such Content.
You may make copies of selected portions of the Content solely for personal use, provided all copyright and proprietary notices are preserved.
Except as expressly permitted or under fair use principles, you may not reproduce, distribute, modify, transmit, publish, sell, or create derivative works from any Content without the permission of the applicable rights holder.
B. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
CMI complies with the Digital Millennium Copyright Act (“DMCA”) and will remove infringing material upon receiving proper notice.
If you believe your copyrighted work has been infringed, your notice must include:
• Your physical or electronic signature
• A description of the copyrighted work
• The location of the allegedly infringing material
• Your address, telephone number, and email address
• A statement of good faith belief that the use is unauthorized
• A statement under penalty of perjury that the information is accurate
DMCA notices and counter-notices should be sent to:
Crosswalk Media Inc.
Attn: Copyright Agent
P.O. Box 1175
New York, NY 10013
Email: info@crosswalkmedia.com
C. THIRD-PARTY CONTENT AND LINKS
The Website may contain content supplied by third parties and links to third-party websites. CMI does not control or endorse third-party content and is not responsible for its accuracy, legality, or reliability.
Accessing third-party websites is at your own risk.
IV. ONLINE CONDUCT
You agree to use the Website only for lawful purposes.
You may not post or transmit content that is unlawful, harmful, threatening, abusive, defamatory, obscene, hateful, or otherwise objectionable.
CMI reserves the right to investigate complaints and remove any content that it determines, in its sole discretion, violates these Terms or applicable law.
V. PRIVACY POLICY
CMI respects your privacy. Please review our Privacy Policy for information on how we collect, use, and protect your information.
VI. RESTRICTIONS AND TERMINATION
You must be at least 18 years old and legally capable of entering into binding agreements to use the Website.
CMI may suspend or terminate your access to the Website at any time, without notice, if CMI believes your conduct violates these Terms or applicable law.
VII. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless CMI and its officers, directors, employees, agents, affiliates, successors, and assigns from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from:
• Your breach of these Terms
• Your use or misuse of the Website
• Your violation of any applicable law or third-party rights
VIII. APPLICABLE LAW
A. GOVERNING LAW
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.
B. DISPUTE RESOLUTION
Before pursuing formal legal action, the parties agree to make a good faith effort to resolve disputes through a teleconference meeting within fourteen (14) business days of written notice.
If the dispute remains unresolved, it shall be submitted to binding arbitration before the American Arbitration Association (“AAA”) in Kings County, New York, under the AAA’s expedited rules.
Each party will bear its own legal fees, and arbitration costs will be shared equally unless otherwise determined by the arbitrator.
C. ASSIGNMENT
CMI may assign these Terms to any successor entity. You may not assign your rights or obligations without CMI’s prior written consent.
IX. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
X. ACKNOWLEDGEMENT
These Terms, together with any documents incorporated by reference, constitute the entire agreement between you and CMI regarding your use of the Website and supersede all prior understandings and representations.
By using the Website and/or subscribing to the Crosswalk Media newsletter, you agree to be bound by these Terms.
CMI reserves the right to modify these Terms at any time. Your continued use of the Website after changes are posted constitutes your acceptance of the updated Terms.
