Terms of Use

Terms of Use

By using the web site cgmediallc.com (“the site” , “site”, “sites”), including related sites owned or managed by CG Media LLC (“we” , “us”), you agree to the following terms of use, which constitute an agreement between you (“the client”) and the respective owners and operators of the site and its related services (“services” , “the services”). We may change these terms from time to time. You will always be able to view the most current version by clicking on a link at the bottom of any page on the site. By using the site, you agree to these terms of use. If you do not agree to all of these terms of use, you must immediately stop use of the site. Reference to we or us refers to the owners of the site including any company we control (for example a subsidiary that we own).

Scope of Terms
We may have other sites that are covered by different terms of use. The terms of use for these other sites are available on the home page of each such site.

No Warranties
The use of the site is at your own risk and the site is provided on an “as is” basis. Some information made available through the site may be provided by site users. We are not responsible for that information. Whether the information is provided by us, our licensors or a user of a site owned and operated by us, neither we nor our licensors are liable for any damages resulting from your use of the information made available through the site. Although we are selective about the organizations we link to from our respective Web sites, we don’t assume any responsibility for any web sites that are linked to or from the site. While we welcome your feedback regarding the site, we must make the final decisions about the content made available through the site. If you are dissatisfied with the content of the site, you must stop use of the site immediately.

Proprietary Rights 
You acknowledge and agree that the site contains proprietary information that is protected under U.S. and international intellectual property laws, including the laws of copyright and trademark. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, redistribute, create derivative works from the Site content in whole or in part.

You may look at the site online, download individual pages to your personal or handheld computer for later reading, and even print a copy of pages for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these terms of use. You agree not to access the site by any means other than through the interface that is provided by us for use in accessing the site.

Linking To Us
Usually, we don’t mind if you include a simple link from your site to the site. However, you must first ask our permission if you intend to frame the site or incorporate pieces of it into a different site or product in such a way that is not clear to our users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impact on our reputation.

Information that you provide to the site 
When you upload materials or information to areas of the site that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information in connection with the service. We will consider requests to remove information that you make publicly available through the site on an individual basis (contact us at the email address we provide at the end of this document). For information and materials you upload to areas of the site that are not publicly available, please see our privacy policy for an explanation of how we use that information and your rights to change or delete it. We provide the link to our privacy policy later in this document. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent.

Children’s Privacy 
We are committed to protecting the privacy of children. You should be aware that the service is not intended or designed to attract children under the age of 13.

Unlawful or Improper Use of Service
You may not use the services in a manner prohibited by any applicable laws or regulations. Without limiting the foregoing, you agree not to not use the service for any unlawful or abusive purpose, in any way that could impair, damage, disable, or overload our hosting servers. You may not circumvent or attempt to circumvent user login authentication or security of any part of our hosting, sites, our clients sites, or accounts (also known as “hacking” or “cracking”). This includes, but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorized to access, or probing the security of any of site, hosting, or account. You may not interfere or attempt to interfere with any services to “The Company” or any client, hosting, or sites (“denial of service attacks”, “DDOS”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” any service or site(s). You may not use any kind of program/script/command, or send messages of any kind, designed to interfere with (or which does interfere with) any site(s) or a client’s session, by any means, locally or via the internet.

Intellectual Property Infringement
You may not use the services to store, transmit, or receive any material that infringes on any copyright, patent, trademark, trade secret, or other proprietary or intellectual right of any party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources or materials, or the unauthorized transmittal of copyrighted software. CG Media LLC is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify CG Media LLC if they believe a CG Media LLC  client has infringed the copyright owner’s work(s). If CG Media LLC receives information from a copyright owner concerning a client committing copyright infringement, CG Media LLC will notify the client of the alleged infringement. If CG Media LLC receives more than one notice alleging copyright infringement by the client, they (the client) may be deemed a “repeat copyright infringement offender.” CG Media LLC reserves the right to terminate the accounts and access to the services of repeat copyright infringement offenders.  Users are also prohibited from using the service to interfere with any technical measures employed by CG Media LLC that are used to ensure compliance with this policy.

Collecting Information
You may not use the Service to store or collect, or attempt to store or collect, personal information about third parties without their prior knowledge and consent.

Marketing, Email, and Spam
You may not use the service to transmit unsolicited bulk or commercial marketing materials of any sort, whether physical or digital. You must remain in compliance with the CAN-SPAM Act of 2003 at all times. Any “spamming” or abusive use of private information will result in immediate account termination without refund. An email will be considered “unsolicited” for the purposes of this policy if: (1)the recipients’ e-mail addresses were not obtained through a personal or customer relationship between the recipient and the client, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so or were not given an opt-out option or way to contact the sender to opt out.

Account Use By Other/Outside Parties  The client and their company are permitted to use their accounts. The client may not permit any third third party outside of their company to access their site.


Illegal, Obscene, or Abusive Materials
You may not use the services to transmit, display, promote, or disseminate any type of material which is illegal, obscene, or abusive. This includes, but is not limited to adult content, content related to illegal activities. Offensive, abusive, or hateful speech is prohibited. This includes, but is not limited to any type of video, image, or text.

Laws That Govern This Agreement 
We control the site from our offices within the state of New Jersey, in the United States of America. The site can be accessed from any of the United States and from other countries worldwide. Since the laws of each state or country able to access the site may differ, by accessing the site, you and we agree that the statutes and laws of the state of New Jersey without regard to choice of laws principles, will apply to all matters relating to use of the site. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We do not make any representation that materials made available through the site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws.

Acceptance Procedure 
By accessing the site or registering you agree with all the terms and conditions of these terms of use. We reserve the right, in our sole discretion, to change these terms of use from time to time, and your continuing use of the site constitutes your acceptance of and agreement to any changed terms and conditions.

Member Account, Password, and Security
If the site requires or provides you with the option to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Privacy Policy
We pay special attention to privacy issues. The purpose of our privacy policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your information. You can review our privacy policy for the service on our privacy policy page.

Service Agreement
By using any of our services, you agree to our policies. If you do not agree to our policies you must contact use and discontinue use of our services and our related products immediately.

Consequences 
We may take any legal action we think is appropriate. If your violation of these terms of use causes harm to others, you agree to hold us harmless against any liability for that harm. If there is any dispute between us concerning these terms of use or your use of the site, you and we agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New Jersey. We reserve the right to terminate the account(s) of any client(s) who violate the terms of this or any of our terms, policies, or contracts.

Indemnity 
You agree to defend, indemnify, and hold us, our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these terms of use.

Notice and Take Down Procedures and Copyright Agent 
If you believe any materials accessible on or from the site or any of our clients sites infringe your copyright, you may request removal of those materials (or access thereto) from the site by contacting the copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. 5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. 6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the site who make repeat infringements.

Complete Agreement 
Except as expressly provided in a particular “legal notice” on the site, these terms of use constitutes the entire agreement between you and us with respect to your use (and prior use) of the site.

Questions or Concerns About Our Terms of Use 
For questions or concerns about these terms of use, please contact us. These terms of use were last updated on October 25, 2020.