Terms of Use

Last Updated: March 7, 2016

Please note that ScreenMedia Daily is under constant development. New services may be added and this agreement may therefore be modified and updated on an ongoing basis. It is important to check back to this page regularly.

Terms of Use

Please read the Terms of Use carefully before you start to use ScreenMedia Daily as they set forth your legal rights and obligations. Your use of the this site, regardless of the access platform, whether on desktop or on a mobile device is subject to the terms, conditions, and disclaimers set forth below and to all applicable laws and regulations.


ScreenMedia Daily is a division of Motionstream Media. This is a binding contract between you and Motionstream Media. By accessing ScreenMedia Daily’s content, you hereby accept this agreement. As a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with Motionstream Media.

Access to ScreenMedia Daily is provided to you free of charge and your use of ScreenMedia Daily does not create a professional services relationship or any other relationship with Motionstream Media or ScreenMedia Daily.

In addition, Motionstream Media reserves the right to terminate access to ScreenMedia Daily for any reason, and to take any other actions that Motionstream Media, in its sole discretion, believes to be in the interest of the company and some or all of its users and customers. Motionstream Media reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice. You understand that by using ScreenMedia Daily, you may be exposed to content that may offend you or challenge your beliefs. Your remedy is to avoid such content by discontinuing your access to ScreenMedia Daily.

ScreenMedia Daily (the “Site”) is a free online resource aimed at media buyers, planners and brand strategists. If you access ScreenMedia Daily, you agree to not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the ScreenMedia Daily, nor transfer to or store any data residing or exchanged over the Site in any electronic network for use by more than one user unless you obtain prior written permission from Motionstream Media. Specifically, unless explicitly authorized in these Terms of Use and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from ScreenMedia Daily. Information about requesting permission to reproduce or distribute materials from the Site can be obtained by contacting Motionstream Media at: screenmediadaily@gmail.com.

For any images, text, data or other information (referred to here as “Content”) you submit to Motionstream Media, you affirm, represent and warrant that you own the right to utilize, to license and to sub-license the Content and you grant to ScreenMedia Daily, and anyone authorized by Motionstream Media, a non-exclusive, worldwide, no-fee, royalty-free, irrevocable, perpetual license, including right of sub-license, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the Content in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you or from you, for the sole intended purpose of ScreenMedia Daily.

You also grant to each user of ScreenMedia Daily, a non-exclusive license to access the Content through ScreenMedia Daily and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of ScreenMedia Daily and under this Agreement. For any Content you post that you do not own, you guarantee to us that you have the legal right to post such Content and that it will not violate any law or the rights of any person or entity.

Intellectual Property

All text and images contained on ScreenMedia Daily are protected by United States trademark and copyright law and other applicable law and are the property of Motionstream Media, except as otherwise identified. All copyrights and trademarks not the property of Motionstream Media that are used or referred to on the Site and ScreenMedia Daily’s products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of Motionstream Media or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law.

ScreenMedia Daily respects the intellectual property of others, and requires that our readers do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. ScreenMedia Daily has the right to prohibit infringers from using our site. If you are a copyright owner and believe infringing material is present on ScreenMedia Daily, please contact us at: screenmediadaily@gmail.com and we will correct the issue directly.

ScreenMedia Daily’s products, including third party and licensed materials on the site, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from Motionstream Media.

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of ScreenMedia Daily. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. ScreenMedia Daily and third parties may provide links to web pages, web Site, and various resources or locations on the web. ScreenMedia Daily has no control over the information you access via such links, does not endorse the information, and shall not be responsible for it or for the consequences of your use of linked information.

Digital Out-of-Home Ad Network Locator

ScreenMedia Daily provides free resources to media professionals that include a Digital Out-of-Home Advertising Network Locator (“Network Locator”). ScreenMedia Daily uses publicly available sources to build and maintain the Network Locator. All referenced data is the property of each original attributed source. ScreenMedia Daily and its parent Motionstream Media strives to keep the information up-to-date; however, we can not make any additional guarantee of accuracy of referenced source data used on the Network Locator. Your use of the Network Locator is for general information purposes only. By using ScreenMedia Daily’s Network Locator you automatically agree to hold ScreenMedia Daily, and its parent Motionstream Media, harmless for any information you obtain from this website.

Media Kits

ScreenMedia Daily provides free resources to media professionals that include online media kits (“media kits”). All information, referenced data, and links with each media kit are the property of each original sponsoring source. Your use of the media kits on ScreenMedia Daily is for general information purposes only. By using ScreenMedia Daily’s media kits you automatically agree to hold ScreenMedia Daily, and its parent Motionstream Media, harmless for any information you obtain from accessing the media kits on this website.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of ScreenMedia Daily, and you agree not to engage in unacceptable use of this site, which includes, without limitation, use of the Site to:

  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the site;
  • Express or imply that any statements you make are endorsed by us;
  • Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
  • Post or transmit any Content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
  • Violate any law (whether local, state, national, or international), whether or not intentionally;
  • Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, ScreenMedia Daily or the contents (except as expressly permitted by ScreenMedia Daily);
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site; “Frame” or “mirror” any part of the Site; or
  • Engage in any other activity deemed by Motionstream Media to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.

Limitation of Liability and Use

ScreenMedia Daily has worked to ensure the accuracy of the information it provides through its products and services, including through the Site. This information frequently relies on data obtained from many sources, however, and ScreenMedia Daily and Motionstream Media cannot guarantee the accuracy of the information provided or any analysis based thereon.

YOU EXPRESSLY AGREE THAT THE USE OF MOTIONSTREAM MEDIA’s PRODUCTS AND SERVICES, INCLUDING THE SITE, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND MOTIONSTREAM MEDIA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOTIONSTREAM MEDIA DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITE OR FROM MOTIONSTREAM MEDIA, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM MOTIONSTREAM MEDIA NOT EXPRESSLY STATED IN THIS AGREEMENT.

EXCEPT AS OTHERWISE STATED, MOTIONSTREAM MEDIA MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE LINKED TO THE SITE. YOU AGREE THAT NEITHER MOTIONSTREAM MEDIA, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER MOTIONSTREAM MEDIA NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

MOTIONSTREAM MEDIA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER MOTIONSTREAM MEDIA WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

MOTIONSTREAM MEDIA’s LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

Motionstream Media assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site or accessed through the Site. Motionstream Media also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Site are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of our Site periodically, we do not have a duty to update information contained in our Site, and we will not be liable for any failure to update such information.

The Site make no representation that information content provided on Site is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

Indemnification

You agree to indemnify, defend and hold Motionstream Media, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

Special Agreement on Fee-Shifting and Choice of Law

If you attempt to bring any legal action against Motionstream Media based in any way on its products or services, including the Site, you agree that, in the event you do not prevail or Motionstream Media does prevail, you will reimburse Motionstream Media for any and all costs and attorneys’ fees associated with their defense of the action.

The use of the Site and any claim or dispute relating to the Site shall be governed by the laws of New York State, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in New York City, Kings County. Use of the Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms of Service, including without limitation this paragraph.

Severability

If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

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