AGA Medialab, Inc., a New York corporation (“AGA Media”, “we,” “us” or “our”) owns and operates over the top video distribution channels, www.agamedialab.com, www.strathspeydigital.com, and any other website, and over the top medium operated by AGA Media (the “Content”). Your use of the Content is governed by these Terms of Use.   These Terms of Use only apply to the Content and does not apply to any other web site or offline point of contact between AGA Media and its consumers.

If you do not agree to these Terms of Use, please exit the Content and immediately cease all use of the Content. YOU AGREE THAT BY USING THE CONTENT YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

1. CHANGES TO THE TERMS OF USE

We reserve the right to change these Terms of Use from time to time consistent with applicable law. Changes to these Terms of Use shall become effective as of the date they are posted to the Content. Therefore, we encourage you to visit this section of our Content regularly in order to remain informed of any changes. These Terms of Use were last revised on January 7, 2019.

2. INTELLECTUAL PROPERTY

All content on the Content, including text, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Content are copyrighted as a collective work under the United States copyright laws and AGA Media owns the copyright in the selection, coordination, arrangement and enhancement of such content.

All trademarks appearing on the Content are the property of their respective owners, including, in some instances, AGA Media, and/or affiliated companies.  Nothing contained on the Content should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by AGA Media or by any third party

You may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Content without the express written permission of AGA Media and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

3. PRIVACY POLICY

AGA Media respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in AGA Media’s Privacy Policy  http://www.strathspeydigital.com/privacy-policy. A complete statement of the current privacy policy can be found in AGA Media’s Privacy Policy http://www.strathspeydigital.com/privacy-policy. The Privacy Policy is expressly incorporated into these Terms of Use by this reference.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY


If you wish to use certain services on the Content, you must open an account with us. The personal information you provide will be subject to our Privacy Policy.

By entering any information on the Content, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; and (iii) you have provided only true, accurate, current and complete information. Additionally, you agree to maintain the strict confidentiality of your account information, username and account passwords, and you agree not to allow any other person to use any of your Site username(s) or password(s). You will be responsible for all activity that occurs under your account, username or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All personal information provided to us will be used in accordance with our Privacy Policy.

If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.

5. PAYMENT TERMS

By entering into any transaction through the Content, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Content.  If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a transaction is not authorized, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by AGA Media to deliver the services purchased by you, or (e) you have otherwise used the Content to enter into an improper transaction, AGA Media reserves the right to immediately terminate any pending transactions, suspend your access to the Content, and terminate all of AGA Media’s obligations hereunder. 

Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless (x) you notify AGA Media within ten (10) days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with AGA Media directly, and such efforts have failed. You can e-mail details regarding your dispute to info@agamedialab.com.

6. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see Copyright Law – 17 U.S.C 512(c)(3) for further detail):

  • Electronic or physical signature of the copyrighted work owner (or authorized person);
  • A description of the copyrighted work, including the URL where this infringing content is available or a copy of it;
  • Your contact details: email address, telephone and address;
  • A statement in “good faith belief” that the work is not authorized by the copyright owner; and
  • A statement by you, person who sends the takedown notice, that the information you send in the notice (above information) is accurate and that you are either the copyright owner or you are authorized to act on copyright owner’s behalf.

You may direct copyright infringement notifications to our DMCA Legal Counsel at AGA Medialab, Inc., 222 Broadway, Floor 24, New York, NY, 10038, email: admin@agamedialab.com. For clarity, only DMCA notices should go to the DMCA Legal Counsel; any other feedback, comments, requests for technical support, and other communications should be directed to AGA Media customer service through info@agamedialab.com. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Legal Counsel:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Legal Counsel, AGA Media may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at AGA Media’s sole discretion. 

7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

THE CONTENT AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CONTENT ARE PROVIDED BY AGA MEDIA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AGA MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CONTENT OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CONTENT, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AGA MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  AGA MEDIA DOES NOT WARRANT THAT THE CONTENT; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CONTENT; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM AGA MEDIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  AGA MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE CONTENT OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

8. GOVERNING LAW AND VENUE 

These Terms of Use shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts in New York, New York in all disputes arising out of or related to the use of the Content.