Termination

You may terminate this Agreement at any time by calling Military Media, Inc. customer Support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND MILITARY MEDIA, INC. IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.

Military Media, Inc. may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Military Media, Inc. shall have no liability to you or any third party because of such termination or action.

Military Media, Inc. may delete any of your data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

Collection Expense:

In the event Military Media, Inc. refers Customer's account to a collection agency or attorney due to a non-payment, Customer will be liable for all of Military Media, Inc. costs and expenses incurred in connection with Customer's non-payment, including, without limitation, court costs and reasonable attorneys' fees up to 25% of the amount of the unpaid account balance (plus interest accrued thereon).

Payment:

Payment for Products will be made by a valid credit card accepted by Military Media, Inc. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Military Media to charge your credit card for such amounts on a regular monthly basis and continuing until such time as your account is terminated. If Military Media is for any reason unable to effect automatic payment via your credit card, Military Media will attempt to notify you via email and your web hyperlink will be disabled until payment is received. Amounts paid for the Products are not refundable.

Prohibited Content.

Military Media, Inc. prohibits the use of the Products or web site by any person or entity that:

* Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
* Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
* Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
* Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor).
* Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
* Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
* Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
* Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
* Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
* Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

Warranty Disclaimer; Remedies

USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. MILITARY MEDIA, INC.DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND MILITARY MEDIA, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for MILITARY MEDIA, INC to use commercially reasonable efforts to adjust or repair the Products.

Right to Use Trademarks and Photographs; Permits and Licenses; No Endorsement; Indemnification:

A. Customer represents and warrants that it has the right to use any trademark, trade name, or copyrighted material included in any copy submitted to Military Media, Inc. Customer also represents and warrants that it has the right to use any artwork, portrait, picture or illustration of a person shown in any copy submitted to Military Media, Inc. Customer will notify Publisher, in writing, if Customer should cease to have any such right. Customer assumes sole responsibility for the protection of its intellectual property rights in any writing, pictorial illustration, design, map, photograph, or combination thereof, included in its print advertising or the Internet Services. B. Customer represents and warrants that it holds all necessary permits and licenses to provide the products and services identified in its Internet Services and to appear under the heading classification(s). Customer agrees that it is responsible for ensuring that its Internet Services comply with any laws or regulations that may be applicable to its business. Customer understands and agrees that Military Media, Inc. does not approve or endorse any of Customer's products or services, whether or not identified in Customer's in the Internet Services. C. Customer agrees to indemnify Military Media, Inc. (and its employees, affiliates and agents) against, and hold Military Media, Inc. (and its employees, affiliates and agents) harmless from, all liability, claims demands, suits or causes of action, whether or not partially attributable to the negligence of Military Media, Inc., and will pay all expenses, including reasonable attorney fees, settlements, and/or judgements, incurred by Publisher in the defense thereof, arising out of Customer's breach or alleged breach of the foregoing representations and warranties.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MILITARY MEDIA, INC OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS " MILITARY MEDIA, INC ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MILITARY MEDIA, INC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, MILITARY MEDIA, INC IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF MILITARY MEDIA, INC TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY MILITARY MEDIA, INC TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Restricted Persons; Export of Products or Technical Data

You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify MILITARY MEDIA, INC. within twenty-four (24) hours, and MILITARY MEDIA, INC shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to Constant Contact.

You agree that you shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

Links to Third-Party Web Sites

This web site may contain links to non- MILITARY MEDIA, INC web sites. These links are provided to you as a convenience, and MILITARY MEDIA, INC is not responsible for the content of any linked web site. Any non- MILITARY MEDIA, INC web site accessed from this web site is independent from MILITARY MEDIA, INC, and MILITARY MEDIA, INC has no control over the content of that web site. In addition, a link to any non- MILITARY MEDIA, INC web site does not imply that MILITARY MEDIA, INC endorses or accepts any responsibility for the content or use of such web site.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by MILITARY MEDIA, INC of that third party or of any product or service provided by a third party.

If you believe any materials accessible on or from this web site or the Products infringe your copyright, you may request removal of those materials (or access thereto) from this web site by providing the following information to MILITARY MEDIA, INC;

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) email 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. 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. A signature or the electronic equivalent from the copyright holder or authorized representative.

MILITARY MEDIA, INC., a private firm in no way connected with the U.S. Government, the Department of Defense, the Department of the Air Force, the department of the Navy, the department of the Army, the department of the Marines, the department of the coast guard. The appearance of advertising does not constitute endorsement by the Department of Defense or MILITARY MEDIA, INC., of the products or services advertised. Everything advertised will be made available for purchase, use or patronage without regard to race, color, religion, sex, national origin, age, marital status, physical handicap, political affiliation, or any other non- merit factor of the purchaser, user, or patron.

 

 

 

 

 

Product Summary

Web Hyper link Feature

Hyper links pertain to tier one and two clients. These links are provided to you as a convenience, and MILITARY MEDIA, INC is not responsible for the content of any linked web site. Any non- MILITARY MEDIA, INC web site accessed from this web site is independent from MILITARY MEDIA, INC, and MILITARY MEDIA, INC has no control over the content of that web site. In addition, a link to any non- MILITARY MEDIA, INC web site does not imply that MILITARY MEDIA, INC endorses or accepts any responsibility for the content or use of such web site.

Forward-Looking Statements

You acknowledge that this web site contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 regarding MILITARY MEDIA, INC. These forward-looking statements regarding MILITARY MEDIA, INC are made as of the date they were first issued and were based on current expectations, estimates, forecasts and projections as well as the beliefs and assumptions of MILITARY MEDIA, INC management. Words such as "expect," "anticipate," "should," "believe," "hope," "target," "project," "goals," "estimate," "potential," "predict," "may," "will," "might," "could," "intend," variations of these terms or the negative of these terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements are subject to a number of risks and uncertainties, many of which involve factors or circumstances that are beyond Military Media’s control. Military Media’s actual results could differ materially from those stated or implied in forward-looking statements due to a number of factors, including those risk factors contained in documents that may be filed by MILITARY MEDIA, INC from time to time with the Securities and Exchange Commission, including but not limited to Military Media’s Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. Past performance is not necessarily indicative of future results. MILITARY MEDIA, INC undertakes no intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Miscellaneous

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

MILITARY MEDIA, INC and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

All clients are subject to acceptance by Military Media. Also the publisher may cancel this contract at any time by refund of any amount paid pursuant hereto.

If advertiser sells or assigns his business, this contract will be considered a part of the sale or assignment and any balance due is to be paid out of the proceeds of the sale.

Proofs are requested in writing. No specific position is guaranteed for advertising. Failure to acknowledge or return proof will not alter contract payment terms or obligations.

Military Media, Inc hereby claims ownership of and the right to copyright any advertising that it prepares as original artwork. Military Media hereby gives advertiser an assignment of the above set forth rights of advertising on The PMBN named in the contract only.

No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind MILITARY MEDIA, INC in any respect whatsoever.

In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

The Agreement shall be governed by the laws of the Commonwealth of Florida, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Fort Walton Beach, Florida.

Successors and Assigns; Entire Agreement:

Customer acknowledges having entered into this agreement without relying upon any promises, statements, estimates, representations, warranties, conditions or other inducements, expressed, implied, oral or written, not specifically set forth herein. This agreement contains the entire understanding between the parties and shall bind the parties and their respective successors and assigns. Customer may not assign its rights hereunder without the prior written consent of Military Media, Inc., and no such assignment shall relieve Customer of its liability hereunder.

Authority; Persons Obligated; Signer Obligated:

The signer agrees that he/she has the authority and is signing this agreement (1) in his/her individual capacity, (2) as a representative of the Customer, and (3) as a representative of the entity identified in the advertisement or for whose benefit the advertisement is being purchased (if the entity identified in the advertisement is not the same as the Customer or the signer). By his/her execution of this agreement, the signer personally and individually undertakes and assumes, jointly and severally with the Customer, the full performance of this agreement, including payment of amounts due hereunder.

Additional Information

If you have any questions about the rights and restrictions above, please contact MILITARY MEDIA, INC by email at info at militarymediainc dot com

Copyright ©1997-2011, Military Media, Inc., Inc. All Rights Reserved.
Revised April 2011