Terms & Conditions
Terms of Use
Thank you for visiting Means!
This website and all related services including any Means social media
platforms (the "Website and Social Platforms1 are provided by Means, LLC.
("Means," "we," or "us.") The Website and Social Platforms host political,
social, and cooperatively made content focused on building power for the
left. Use of the Website and Social Platforms may also include direct
communications between you and Means, its employees, directors, officers,
members, affiliates and agents.
Acceptance of Terms
Please carefully read the Terms of Use ("Terms") in this Agreement . By
using this website or subscribing to Means TV you are consenting to the
following Terms.
Updates to these Terms
Modifications to these Terms that are editorial in nature or reflect
changes in the services we offer will not require new consent. If we ever
make material changes to these Terms, we will ask you to consent to the
new Terms before they apply to you.
The date of the last update to these Terms is stated at the end of this
document.
Use of the Website or Social Platforms
Means Rules of Conduct. Users ("You" or "Your") of our Website or Social
Platforms agree that they won't:
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violate another's copyright or intellectual property or post any
proprietary or confidential information;
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violate any law; infringe on any third party's legal rights or be
capable of giving rise to legal action against you, us, or third
parties;
- be obscene, indecent, or pornographic;
- post links that contain any kind of virus, spyware, or malware;
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engage in any unlawful, disruptive, threatening, abusive, harassing,
embarrassing, tortious, defamatory, obscene, libelous, hateful, or
racist speech or activity on the Website or Social Platforms as
determined at the sole and absolute discretion of Means staff. We are
creating a thoughtful and intentional space to share ideas and activity
that makes others feel threatened will not be tolerated;
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be false, misleading, or knowingly inaccurate; or constitute spam.
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Removal of Content. Users are required to follow the Means Rules of
Conduct. We reserve the right to moderate all content and remove
information or language that Means, in its sole and absolute discretion,
determines to be in violation of Means Rules of Conduct and to block
users who violate the Means Rules of Conduct. We ask that you treat
others in our community with respect when sharing opinions and feedback.
No Endorsement.
We do not make endorsements via our Website or Social Platforms. We may
post or share information on social media that we find fun, useful,
educational, or relevant to our mission, but a post or share is not an
endorsement of any content. Any content shared by us or a third-party on
our Website or a Social Platform should is not an advertisement or
endorsement.
Views Expressed.
The opinions expressed in articles and/or posts on our Website and Social
Platforms do not necessarily reflect our views or the views of our
employees, affiliates, or subsidiaries.
Third-Party Posting.
We are stoked to engage and connect with you through our Website and
Social Platforms. You can post or share information on our Website and
Social Platforms that is aligned with Means Rules of Conduct. We may also
include links or references to other sites or third parties on our Website
and Social Platforms. We are not responsible for the privacy policy,
content, or accuracy of items posted or shared by you or us on our Website
or Social Platforms and we don't endorse or guarantee the accuracy of the
content posted by you or other third parties.
Content Ownership.
If you post content of any kind to our Website or a Social Media Platform,
you are granting us and our affiliates an unrestricted, nonexclusive,
royalty free, perpetual, irrevocable, and fully sub-licensable right to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such material throughout the world in any
media without providing attribution or obtaining additional consent. You
also agree that Means and its affiliates are free to use any ideas,
concepts, or know-how that you provide to us via our Website or Social
Platforms.
Privacy and Protection of Personal Information
Our Privacy Policy describing how we manage and protect information is
incorporated into these Terms.
Creating an Account, Passwords, and Security
If you register and create an account with us, you must provide accurate
information. You are responsible for all activities that occur under your
account. You agree to notify us immediately of any unauthorized use of
your account or other breach of security of which you are aware. Means
will not be liable for any loss you or others may incur as a result of
someone else using your account, either with or without your knowledge.
You may not use anyone else's account.
Communications Between Us
For contractual purposes, you (a) consent to receive all communications
from us, including any possible messages about security incidents, in
electronic form via your account on our Website or a Social Platform, and
(b) agree that all Terms, agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications would satisfy if they were in
writing.
Prohibited Uses
As a condition of using the App, you agree that you will not use the App
in any way that is prohibited by law or these Terms or is not in
accordance with the Apps intended purposes. These prohibitions include,
but are not limited to, the following:
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You must not use our Website or Social Platforms in any way that may
damage, overburden, or impair our Website or Social Platforms or their
availability; or in any way that is fraudulent or harmful or related to
any fraudulent activity.
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You may not attempt to gain unauthorized access to our Website or Social
Platforms, other accounts, or computers or networks associated with our
Website or Social Platforms, other users, or Means, including but not
limited to using another person's login credentials.
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You must not use our Website or Social Platforms to copy, store, host,
transmit, send, use, publish or distribute any material that consists of
(or is linked to) any malicious computer software.
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You may not copy, modify, distribute, sell or lease any part of our
Website or Social Platforms or their content or software, nor may you
reverse engineer or attempt to extract the source code of that software,
unless you have our express written permission.
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You must not conduct any systematic or automated data collection
activities (including, without limitation, scraping, data mining, data
extraction and data harvesting) on or in relation to our Website or
Social Platforms without our express written consent.
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You must not use our Website or Social Platforms to send spam, surveys,
or any unsolicited commercial communications.
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You must not use our Website or Social Platforms for any purposes
related to marketing, research, or any other commercial or
organizational purpose without our prior express written consent.
Links
We have no responsibility for any third-party websites not operated by us
to which our Website or Social Platforms may be linked.
Trademarks and Copyrights
Means, Means Media, and Means TV and our logo are trademarks belonging to
us. We give no permission for the use of these trademarks, and any such
use may constitute an infringement of our rights. Other trademarks or
service marks on our Website or Social Platforms are the property of their
respective owners. Unless otherwise stated, we do not endorse and are not
affiliated with any of the holders of such rights and we cannot and do not
grant any license to exercise such rights.
Warranty Disclaimer
You acknowledge that some of the information published on or communicated
through our Website or Social Platforms is submitted by users. We do not
warrant the completeness or accuracy of any information published on or
communicated through our Website or Social Platforms, whether submitted or
communicated by us or users. We do not warrant that the Website or Social
Platforms remain available or that the material on the Website or Social
Platforms is kept up-to-date.
WE PROVIDE THE WEBSITE AND SOCIAL PLATFORMS "AS IS." TO THE MAXIMUM EXTENT
PERMITTED BY LAW, WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR
GUARANTEES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE
WEBSITE AND SOCIAL PLATFORMS, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES THAT THE WEBSITE OR SOCIAL PLATFORMS ARE OF SATISFACTORY
QUALITY, ARE ACCURATE, HAVE FITNESS FOR A PARTICULAR PURPOSE OR NEED, OR
ARE NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS OR SERVICES THAT
MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SOCIAL PLATFORMS WILL BE
EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT
GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE OR SOCIAL
PLATFORMS AT TIMES OR LOCATIONS OF YOUR CHOOSING.
Limitation of Liability
TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU CANNOT RECOVER ANY DAMAGES FROM
US, OUR EMPLOYEES, PARTNERS, AUTHORS, CONTRIBUTORS, ADMINISTRATORS, OR
ANYONE ELSE CONNECTED WITH MEANS RELATED TO YOUR USE OF THE WEBSITE OR
SOCIAL PLATFORMS, WHETHER IN STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE
AND STRICT LIABILITY), OR OTHERWISE, INCLUDING ANY DIRECT, CONSEQUENTIAL,
LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THIS
LIMITATION APPLIES EVEN IF YOU ARE NOT FULLY COMPENSATED FOR ANY LOSSES,
OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE LOSSES.
NONE OF MEANS' EMPLOYEES, PARTNERS, AUTHORS, CONTRIBUTORS, ADMINISTRATORS,
OR ANYONE ELSE CONNECTED WITH MEANS CAN BE HELD RESPONSIBLE FOR YOUR USE
OF THE INFORMATION CONTAINED IN OR LINKED IN ANYWAY FROM THE WEBSITE OR A
SOCIAL PLATFORM.
CERTAIN JURISDICTIONS LIMIT DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF
LIABILITY. IN SUCH JURISDICTIONS, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS,
AND THE PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT TO THE FULLEST
EXTENT PERMITTED BY LAW.
If you post content on our Website or a Social Platform, you understand
and agree that comments relating to your posts may be submitted by other
users on our Website or a Social Platform. You acknowledge that such
comments may be critical, offensive, or defamatory, and you agree that you
will not hold us liable for any such comments, regardless of whether we
are aware or ought to have been aware of such comments.
reaches of These Terms and Indemnification by You
If you breach these Terms, or if we reasonably suspect that you have
breached these Terms, we may: send you one or more warnings; temporarily
suspend your access to the Website and/or Social Platforms; permanently
prohibit you from accessing the Website and/or Social Platforms; block
devices using your IP address from accessing the Website and/or Social
Platforms; ask your internet service provider to block your access to the
Website and/or Social Platforms; suspend or delete your account; bring
court proceedings against you seeking damages and/or injunctions; and/or
report you to law enforcement authorities. If we suspend, terminate, or
block your access to the Website and/or Social Platforms, you agree not to
take any action to circumvent our action (such as creating or using a
different account.) If we bring a legal action against you, we agree that
the jurisdiction and venue for such action will be Michigan, and we
further agree that a judgment in any such action may be enforced in other
jurisdictions by suit on the judgment or ruling, or in any other manner
provided by law.
Indemnification: You hereby agree to indemnify us against any losses,
damages, costs, liabilities and expenses (including, without limitation,
legal expenses and any amounts paid by us to a third party in settlement
of a claim or dispute on the advice of our legal advisers) incurred or
suffered by us arising out of any breach by you of any provision of these
Terms or arising out of any claim that you have breached any provision of
these Terms.
Governing Law, Dispute Resolution, and Jurisdiction
All matters related to our Website and/or Social Platforms will be
governed by the laws of Maine, without regard to conflicts of laws
provisions.
If you have a complaint, question, or dispute (collectively, "dispute")
regarding the Website and Social Platforms, you are encouraged to bring it
to our attention. You may email us at contact@means.media and we will try
to address your concerns. If we are unable to resolve a dispute through
direct, amicable, frank, open and honest communication, such dispute shall
be submitted to confidential arbitration in Portland, Maine except that to
the extent you have in any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or other appropriate
relief in any federal or state court. Arbitration under these Terms shall
be conducted in accordance with the prevailing rules and procedures of the
American Arbitration Association, with the losing party being responsible
for both parties costs and fees, and the joint costs of arbitration being
shared equally by the parties. The arbitrator's award shall be final and
binding and may be entered as a judgment in any court of competent
jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim
under these Terms may be joined to any other arbitration or claim,
including any arbitration or other legal proceeding involving any other
current or former user of the Website and/or Social Platforms, and no
class action proceedings will be permitted.
By agreeing to the dispute resolution process in these Terms, you
understand and agree that you are relinquishing (i) any right to pursue
claims or have disputes resolved in a court of law and (ii) any right to
the appeal of any adverse arbitration decision.
You agree that, regardless of any law or statute, any claim or cause of
action you may have against us must be brought within one year after the
claim or cause of action arises or is known or should reasonably have been
known to you, or the claim or cause of action will be forever barred.
Other Legal Provisions
Any failure or delay by either party to enforce any part of these Terms
will not constitute a waiver of that party's rights under these Terms.
These Terms control the relationship between you and Means. They do not
create any third-party beneficiary rights. If we enter into an additional
or separate agreement with you that has additional terms, those additional
terms will control if they conflict with these Terms. If a particular
provision of these Terms is determined by a court of competent
jurisdiction to be unenforceable, the other provisions will remain in
effect. You may not transfer your account or your rights under these Terms
to any other person or entity. We may, in our sole discretion, transfer,
delegate, or assign our rights and obligations under these Terms to others
without notifying you or obtaining your consent. The current version of
these Terms, which incorporate our Privacy Policy by reference,
constitutes the entire agreement between you and us in relation to the
Website and Social Platforms.
Cookies
The Website and Social Platforms use cookies to store information on your
computer. Some are essential to the operation of our Website and Social
Platforms and others are intended to help us provide services and improve
the user experience. By using the Website or Social Platforms, you consent
to the placement of these cookies. Please read our Privacy Policy to learn
more.
Feedback
If you have any concerns, inquiries, or complaints about the Website
and/or Social Platforms, please write to us at contact@means.media. We
appreciate your input.
Thank you for visiting Means TV and for your support of independent,
cooperative media!
Effective Date
The effective date of these Terms is March 21, 2019.