As our business develops, we may modify the terms of this Agreement. Any changes will be posted on our website, and you are encouraged to check back periodically. By continuing to use the Service after any such change, you accept the modified Agreement.
We may also modify, suspend or discontinue the Service at any time for any reason, without notice or liability to you.
Restriction of Liability
To the fullest extent permitted by law, in no event will we be liable for any indirect, special, incidental, punitive, exemplary or consequential damages arising out of or in connection with your use of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been advised of the possibility of such damages.
Our aggregate liability arising out of or in connection with your use of the Service will in no event exceed the amount you have paid us during the three months immediately preceding the event giving rise to such liability.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of us or our affiliates.
This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of this 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.
This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign this Agreement in its entirety (including all of our rights, titles, interests, benefits, obligations and duties) without your consent.
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any dispute arising in connection with this Agreement will be resolved exclusively by the state and federal courts located in San Francisco, California.
This Agreement, together with all of the policies referenced herein, constitute the entire agreement between you and us with respect to the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Service. If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
An identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Your email address, telephone number and physical address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice must be sent to our designated agent at:
c/o Medium Corporation
44 Tehama Street, 3rd FloorSan