Terms of Service

TERMS OF SERVICE

  1. Acceptance
    1. By using or visiting The Digital Mosaic website or any of The Digital Mosaic products, software, data feeds, and services including the SimplyTold app, provided to you on, from, or through The Digital Mosaic website (collectively the “Service”) you hereby agree to (1) these terms and conditions (the “Terms of Service”), (2) The Digital Mosaic’s Privacy Policy, found at www.thedigitalmosaic.com and incorporated herein by reference, and also incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, you should not use the Service.
    2. The Digital Mosaic may, in its sole discretion, modify or revise these Terms of Service and its policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.  Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version.
  2. Service
    1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of The Digital Mosaic, including but not limited to all products, software and services offered via the The Digital Mosaic website.
    2. The Service may contain links to third party websites that are not owned or controlled by The Digital Mosaic. The Digital Mosaic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, The Digital Mosaic will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve The Digital Mosaic from any and all liability arising from your use of any third-party website.
    3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
  3. Accounts
    1. In order to access some features of the Service, you may have to create an account. Use of another user’s account without permission is strictly prohibited. Accurate and complete information must be provided in order to create a user account. You are solely responsible for the Activity that occurs on your account. Keep your account password secure. You are required to notify The Digital Mosaic immediately of any breach of security or unauthorized use of your account.
    2. The Digital Mosaic will not be liable for any losses or damages caused by any unauthorized use of your account.
  4. Subscriptions and Billing

In addition to accessing a free account for purposes of viewing video stories, The Digital Mosaic has a premium service for individuals and businesses who wish to capture video stories. Therefore, we give our users the choice of paying a subscription or package fee, which includes the ability to create your own content through our proprietary mobile app.

You can find the specific details regarding your subscription or package to The Digital Mosaic at any time by logging in on the The Digital Mosaic website and clicking on Account under your name.

  1. Billing.  By providing a credit card or other payment method accepted by The Digital Mosaic (“Payment Method”) for your chosen service or product, you are expressly agreeing that we are authorized to charge you either a monthly subscription fee, a package fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of The Digital Mosaic through the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on The Digital Mosaic website and clicking on Account under your name. When you provide a Payment Method to access The Digital Mosaic, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the The Digital Mosaic website and click on Account under your name.

We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each Monthly Period may vary due to promotional offers, changes in your subscription plan or package, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If The Digital Mosaic changes the subscription fee or other charges for The Digital Mosaic, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.

Very rarely, if there are special circumstances where The Digital Mosaic determines it is appropriate (e.g., the The Digital Mosaic service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at The Digital Mosaic’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

    1. Ongoing Subscription and Cancellation. Your subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Subscribed Period in order to avoid the next billing. We will bill the subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Period -this means that you will have continued access to The Digital Mosaic for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your Account and clicking “Cancel Subscription.” Your content will be archived and able to be downloaded for a period commensurate with the length of your subscription, and will be communicated to you at the time of cancellation. An archival fee option will be presented upon cancellation, to keep your account inactive, but keep your video clips on your account as long as the archival fee is paid. Users will also be given instructions to download the videos for free, or other options to purchase products for archiving the videos. Thereafter, The Digital Mosaic in its sole discretion may delete all content associated with your Account if no arrangements are made after the cancellation is complete.
    2. Unpaid Amounts. In order to sustain the The Digital Mosaic service, it is important that each user of the The Digital Mosaic service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with The Digital Mosaic. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
  1. General Use of the Service—Permissions and Restrictions

The Digital Mosaic hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

    1. You agree not to distribute in any medium any part of the Service or the Content without The Digital Mosaic’s prior written authorization, unless The Digital Mosaic makes available the means for such distribution through functionality offered by the Service.
    2. You agree not to alter or modify any part of the Service.
    3. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, or other explicitly authorized means The Digital Mosaic may designate.
    4. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to The Digital Mosaic servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
    5. In your use of the Service, you will comply with all applicable laws.
    6. The Digital Mosaic reserves the right to discontinue any aspect of the Service at any time.
  1. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

    1. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to The Digital Mosaic, subject to copyright and other intellectual property rights under the law.
    2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of The Digital Mosaic or the respective licensors of the Content. The Digital Mosaic and its licensors reserve all rights not expressly granted in and to the Service and the Content.
    3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
    4. You understand that when using the Service, The Digital Mosaic is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Digital Mosaic with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless The Digital Mosaic, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
  1. Your Content and Conduct.
    1. As The Digital Mosaic account holder you may submit Content to the Service, including videos and user comments. You understand that although you will have the right to restrict who can view your Content, The Digital Mosaic does not guarantee any confidentiality with respect to any Content you submit.
    2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to The Digital Mosaic all copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
    3. For clarity, you retain all of your ownership rights in your Content. For clarity purposes, the Content submitted to The Digital Mosaic shall remain private unless you elect to make the Content publicly available or you authorize The Digital Mosaic that it may use the Content for marketing purposes.  You also hereby grant each user of the Service that you provide access to the Content, a non-exclusive license to access your Content through the Service, and to use and display such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that The Digital Mosaic may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
    4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant The Digital Mosaic all of the license rights granted herein.
    5. You further agree that you will not submit to the Service any Content or other material that is contrary to The Digital Mosaic Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
    6. The Digital Mosaic does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and The Digital Mosaic expressly disclaims any and all liability in connection with Content. The Digital Mosaic does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and The Digital Mosaic will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Digital Mosaic reserves the right to remove Content without prior notice.
    7. The Digital Mosaic may or may not pre-screen Content, however, The Digital Mosaic shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content.  Without limiting the foregoing, The Digital Mosaic shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable.  You agree that you must evaluate, and bear all risks associated with, the use of any Content.
  2. Account Termination Policy
    1. The Digital Mosaic will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer of third party intellectual property, or have violated The Digital Mosaic Community Guidelines.
    2. The Digital Mosaic reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. The Digital Mosaic may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
  3. Digital Millennium Copyright Act
    1. 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 The Digital Mosaic with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted 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;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. 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
  6. 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.

Notifications of claimed infringement should be sent to 876 Trebisky Road, Cleveland, Ohio 44143, email: [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

  1. Counter-Notice. 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 The Digital Mosaic:
  2. Your physical or electronic signature;
  3. 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;
  4. 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
  5. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cleveland, Ohio, 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 Digital Mosaic, The Digital Mosaic 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 The Digital Mosaic’s sole discretion.

  1. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DIGITAL MOSAIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE DIGITAL MOSAIC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE DIGITAL MOSAIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE DIGITAL MOSAIC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. Limitation of Liability

IN NO EVENT SHALL THE DIGITAL MOSAIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE DIGITAL MOSAIC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by The Digital Mosaic from its facilities in the United States of America. The Digital Mosaic makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  1. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless The Digital Mosaic, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

  1. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

  1. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Digital Mosaic without restriction.

  1. General

You agree that: (i) the Service shall be deemed solely based in Ohio; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over The Digital Mosaic, either specific or general, in jurisdictions other than Ohio. These Terms of Service shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and The Digital Mosaic that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Cuyahoga County, Ohio. These Terms of Service, together with the Privacy Notice at www.thedigitalmosaic.com and any other legal notices published by The Digital Mosaic on the Service, shall constitute the entire agreement between you and The Digital Mosaic concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and The Digital Mosaic’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Digital Mosaic reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE DIGITAL MOSAIC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated: July 20, 2015