Terms of Use

Welcome to Estate!  By visiting estatemedia.co or subscribing to our newsletter, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms”), which incorporate our Privacy Policy.  If you disagree with anything in these Terms, do not use estatemedia.co, subscribe to our newsletter or otherwise use the content and services (collectively, the “Platform”) made available by Estate Media (“we”, “us”, “our”).

Updates to Terms: These Terms are effective as of the Last Updated date.  We may update these Terms from time to time, in which case we will update the Last Updated date.  If we make significant changes and have your email address, we’ll do our best to notify you.

Still, it’s your sole responsibility to review these Terms from time to time to review the current version.  By using or accessing the Platform after the Last Updated date, you accept the current Terms.  If you do not accept a change to these Terms, you must stop accessing or using the Platform immediately.

Contact us.  You may contact us about these Terms at partnerships@estatemedia.co with “Terms” in the subject line.

Collection of Personal Information

See our Privacy Policy, which forms part of these Terms, to learn how we process and use personal information through the Platform.

Termination

If you violate any of these Terms, or for any other reason, we may prohibit you from using or accessing the Platform (or any portion, aspect or feature of the Platform), at any time in our sole discretion.

You agree that we will not be liable to you or any third party for any termination of your right to use the Platform.  You further agree that we, in our sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Platform in our sole discretion, for any reason, whether with or without cause or warning, and without liability.  In the event of termination of your access to the Platform, we may delete and/or store, in our discretion, data associated with your use of the Platform.  In the event of termination, we have no further obligations to you, including any obligation to preserve any data generated by your use of the Platform and any liability under this Agreement regarding such data, except as otherwise described in our Privacy Policy.

Proprietary Rights

As between you and us, we retain all right, title and interest in and to the Platform, as well as all data, information, content and materials provided on the Platform and purchased or downloaded through the Platform, such as patent, copyright and trademark rights, and other intellectual property and proprietary rights therein existing anywhere in the worldto the Platform.  All content on the Platform, including but not limited to designs, text, graphics, pictures, video, information, software and other files, and their selection and arrangement ( “Proprietary Content”), is licensed or owned by us, with all rights reserved. 

No Proprietary Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.  Such unauthorized use may also violate applicable laws, such as copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Content of Platform

Information provided by the Platform may be inaccurate, incomplete or out-of-date.  Any reliance on the information received through the Platform is at your own risk. 

We undertake no obligation to update, amend or clarify information on the Platform.  No specified update to the Platform should be taken to indicate that all the information in the Platform has been modified or updated.

We may change or discontinue any aspect, service or feature of the Platform at any time, in our sole discretion, including by removing or updating content. 

Prohibited Conduct

You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations.  You may not:

• use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform;
• attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform through hacking, password mining or any other means;
• harvest or otherwise collect information about others, including e-mail addresses;
• interfere or attempt to interfere with the proper working of the Platform, or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Platform;
• use the Platform for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions); or
• use the Platform for any unauthorized commercial purpose whatsoever.

Disclaimers

Except as stated elsewhere in these Terms, the Platform and all content are provided “as is” without warranty of any kind.  To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including the warranties of merchantability, title, non-infringement of third parties’ rights, or fitness for a particular purpose.

Use of the Platform and the transmission of content through the Platform is done at your own discretion and risk.  No advice or information, whether oral or written, obtained by you from us or through the Platform will create any warranty that is not expressly stated in these Terms.

While we have endeavored to create a secure and reliable Platform, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Platform, or the consequences of any reliance on such information.  You must make your own determination as to these matters.  We shall not be liable for damages because of any delay or other failure of performance due to causes beyond our reasonable control, such as acts of God, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.  The Platform may be temporarily unavailable from time to time for maintenance or other reasons.

Limitation on Liability

IN NO EVENT SHALL ESTATE MEDIA, TOGETHER WITH OUR EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE YOU OR ANY THIRD PARTY WITH RESPECT TO ANY USE OF THE PLATFORM OR THE SUBJECT MATTER OF THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR:

• ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND; OR
• ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100. 

Some jurisdictions may not allow the exclusion or limitation of certain types of damages, so that exclusion only applies to the extent permissible under applicable law.

Indemnity

You agree to defend, indemnify and hold us, together with our respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Platform; (ii) your breach or alleged breach of these Terms, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Platform.

Disputes

These Terms are governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions.  You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

Inthe event of any dispute of any kind related to the Platform or these Terms (any, a “Dispute”), the parties agree that only the state and federal courts located in Los Angeles, California may hear any claim related to the Dispute.  The parties also agree to attempt in good faith to negotiate a written resolution of the matter directly between you and us.  You agree that if the Disputeremains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a Dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator to settle the Dispute.

Miscellaneous

These Terms are the complete and exclusive statement of the mutual understanding between the parties as to this subject matter, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to this subject matter.  We may assign or transfer these Terms at any time to a subsidiary or parent company or a successor to our business as part of a merger or sale of substantially all of our assets.  The failure of either party to exercise, in any way, any right herein does not waive any further rights hereunder.  There are no third-party beneficiaries intended under these Terms, except for our legal affiliates (whether affiliated with us now or not) and licensors of Proprietary Rights on the Platform.