Media99 Terms of Use
The following terminology applies to these Terms of Use, Privacy policy, and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Media99’s Terms of Use. "The Company", “Ourselves”, “We” and "Us", refers to Media99. “Party”, “Parties”, or “Us”, refers to both the Client and Media99, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Confidentiality
Client records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all client records we keep related to said client, given that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with the appropriate written information or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company to its Clients will only be in connection with the provision of agreed services and products. See the Media99 Privacy Policy for more information.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, Media99:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Media99’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation: direct loss; loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Media99 of the possibility of such potential loss); damage caused to your computer, computer software, systems and programs and the data thereon; or any other direct or indirect, consequential and incidental damages.
Availability
Unless otherwise stated, the services featured on this website are only available to clients in the floral industry. All advertising is intended solely for the florist market. Redistribution or republication of any part of this site or its content is prohibited without the express written consent of Media99. Media99 does not warrant that the service from this site will be uninterrupted, timely or error free. By using this service you thereby indemnify Media99, its employees, agents, and affiliates against any loss or damage, in whatever manner, howsoever caused.
Cookies
Like most interactive web sites Media99’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners or clients may also use cookies.
Links to this website
Clients may not create a link to any page of this website without our prior written consent from Media99. If you do create a link to a page of this website without said consent, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
Opinions expressed or material appearing on any linked websites is not necessarily shared or endorsed by Media99, and Media99 should not be regarded as the publisher of such opinions or material. We encourage our users to be aware when they leave our site to read the privacy statements of any visited sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Media99 will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Solicitation of Contact
Submission of the contact us form, inquiry emails and/or phone calls, usage of SiteWorks, or usage of the HelpDesk are considered permission to contact the sender at Media99’s discretion. Any requests to remove the inquirer from any contact lists will be processed and fulfilled.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text, images, and digital media relating to Media99’s services and the full content of this website. Any infringement upon this notice will be pursued under legal counsel, and action taken as advised from said legal counsel.
Communication
Media99 has several different e-mail addresses for different inquiries. These, along with other contact information, can be found on our Contact Us page on our website, via Media99 literature, or via the Media99’s stated telephone or fax numbers.
This company is registered as a Limited Liability Company, LLC, with the Office of the Secretary of the State of Arkansas, United States of America.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to: an Act of God; terrorism; war; political insurgence; insurrection; riot; civil unrest; act of civil or military authority; uprising; earthquake; flood; or any other natural or man made eventuality outside of our control which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.
Waiver
Failure of either party to insist upon strict performance of any provision of this or any agreement, or the failure of either party to exercise any right or remedy to which they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated and agreed to by Media99 and their clients.
General
By accessing this website and employing Media99’s services you consent to these Terms of Use. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Media99 to enforce any of the provisions set out in these Terms of Use and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Use or of any agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms of Use may be amended, modified, varied, or supplemented in writing and signed by duly authorized representatives of Media99 as necessary.
Notification of Changes
Media99 reserves the right to change these conditions from time to time as it sees fit and your continued use of the site and/or services will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made via electronic mail, the Media99 HelpDesk, or social media. If there are any changes in how we use our client’s Personally Identifiable Information, notification by e-mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site or HelpDesk a minimum of 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the agreement between the Client and Media99 LLC. Your accessing of this website and/or undertaking of services rendered indicates your understanding, agreement to, and acceptance of the Disclaimer Notice and the full Terms of Use contained herein.
© Media99 2013. All Rights Reserved
Updated on 02/05/2013