Terms & Conditions

Last updated: 2024-11-14

1. Introduction

Welcome to 1703Media.com (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at 1703Media.com (together or individually “Service”) operated by 1703Media.com.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at Admin@1703.co so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at Admin@1703.co.

3. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

4. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

1703Media.com has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of 1703Media.com or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Custom Libraries Users can upload, manage, and share their own custom libraries through the Service. By uploading content to a custom library:

Ownership: Users retain ownership of the uploaded content.

License to 1703: You grant 1703 a non-exclusive, worldwide, royalty-free license to index, tag, and display the content for the purposes of enabling and improving the Service.

Sharing Rights: If you choose to share your library, you agree to allow other users access under the terms you define within the platform. 1703 is not responsible for any misuse or copyright violations involving shared libraries.

5. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.

AI-Generated Content

Ownership: All content generated through the platform’s AI tools remains the intellectual property of the user, subject to compliance with these Terms.

Use of AI Outputs: Users are responsible for ensuring that AI-generated content complies with applicable laws and does not infringe on third-party rights.

AI Training: By using the Service, you grant 1703 permission to analyze and use your uploaded content to improve its AI models. No personally identifiable information will be used without explicit consent.

6. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

7. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

8. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of 1703Media.com and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of 1703Media.com.

Stock Footage and Third-Party Libraries

License Compliance: Stock footage provided by third-party libraries such as Storyblocks and Pexels is subject to the licensing terms of those providers. Users must ensure compliance when incorporating stock footage into their projects.

Attribution: Some stock footage may require attribution. It is the user’s responsibility to adhere to these requirements as indicated on the platform.

Restrictions: Stock footage may only be used within projects created on the platform and may not be repurposed for other uses without explicit permission.

9. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to Admin@1703.co, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

10. DMCA Notice and Procedure for Copyright Infringement Claims

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 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at Admin@1703.co.

11. Error Reporting and Feedback

You may provide us either directly at Admin@1703.co or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

12. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by 1703Media.com.

1703Media.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

13. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of USA, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

17. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

18. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

19. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

20. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

21. Contact Us

Please send your feedback, comments, requests for technical support by email: Admin@1703.co

Terms of Service

Last updated: 2024-11-14

Welcome to 1703 Inc. (“1703 Media,” “we,” “our,” or “us”) and our Terms of Service (the “Terms”). Please read the Terms carefully, as they govern your use of our website https://1703Media.com (the “Site”), as well as our video editing and creation services accessible on the Site. To make these Terms easier to read, the Site, our products, and our services are collectively called the “Services.”

1. Agreement to Terms.

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

2. Privacy Policy.

Your privacy is important to us. Please review our Privacy Policy below to learn about the type of information we collect, how we collect information, and how we use and share your information.

3. Changes to these Terms or the Services.

We reserve the right to modify and update the Terms from time to time in our sole discretion. While we are not required to provide notice, we’ll let you know by posting the updated Terms on the Site or through other forms of communication. It’s important that you review the Terms whenever we update or modify them because if you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, then please discontinue use of the Services immediately. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion.

4. Accuracy of Information.

Occasionally, there may be information on the Site that may contain typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions. In doing so, we also reserve the right to change or update information or cancel orders, if any information on the Site is inaccurate, at any time without prior notice to you.

5. Feedback.

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control, to use, create derivative works based upon, and otherwise exploit the feedback for any purpose. 

6. Accounts and Membership.

(a) Account Creation and Profiles. To use the Services, you will need to create a 1703 Media account ("Account"). Creating an Account will require you to provide us with certain information about you, such as username and password., ("User Information"). In creating an Account, you agree that you are at least thirteen (13) years or older and are not barred from using the Services under applicable law. All User Information provided is governed by our Privacy Policy.

(b) Account and User Information Protection. It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or User Information, or any unauthorized breach of your Account or User Information. You acknowledge and agree that your Account and User Information are personal to you. You agree not to allow any other person to access the Services using your Account. You may not share your User Information (or Account with any other person or allow anyone else to access and use your Account. 

(c) Unauthorized Use of Your Account. We may, but have no obligation to, monitor and review new Accounts before you may sign in and use our Services. Providing false information of any kind may result in the termination of your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your Account (or any part thereof) for any reason, including if we determine that you have violated any provision of these Terms. If we delete your Account for these reasons, you may not re-register for our Services. 1703 Media will not be liable for any loss that you may incur because of someone else using your Account or User Information, either with or without your knowledge.

7. Payment Terms.

1703 Media offers its Services under several different plans to suit your needs. If you choose a paid plan, you will need a valid credit card. If a payment method is required, we use this information to charge your account for the Services, To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we will use certain third-party payment processors (i.e. Stripe) to process payments. The payment platform maintains its own policies that will govern your transaction on them. By providing your debit card, credit card, or bank account information, you represent warrant and covenant that: (i) you are legally authorized to provide such information, (ii) you are legally authorized to approve transactions with respect to such debit card, credit card, or bank account, and (iii) such actions do not violate the terms and conditions applicable to your use of such debit card, credit card or bank account or applicable law. Any breach of this provision will be deemed material, and you will be held responsible or any damages, fees, costs (including reasonable attorney’s fees) incurred.

Paid accounts will be billed monthly or yearly depending on the subscription you choose. Billing will occur on the day you sign up, and will automatically renew every month or year thereafter on the sign up date. Each bill ensures your access to portions of the Services that require payment for the next month or year. There are no refunds or credits for partial periods of service, upgrade or downgrade refunds, or refunds for periods unused with an open account. 

If your billing method expires or changes, and you do not edit or update your billing information or cancel your account, we will send you a single courtesy notice regarding billing information discrepancies. If you fail to provide us with updated billing information more than three (3) days after notice is sent, we reserve the right to disable and terminate access to your account. You authorize us to continue billing during this period, and you will remain responsible for any uncollected amounts.

8. Links to Other Websites.

The Services may link to advertisements or other third-party websites. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites, and we do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party website or resources..

9. Prohibited Uses.

In addition to other terms as set forth set forth in these Terms, you are prohibited from using the Site or its Services or Customer Content or 1703 Content (as defined in Section 10(b) herein) for (a) any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of any other party; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, other websites, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses. In addition, you may not portray a person in Customer Content or 1703 Content in a way that may be offensive, including: in connection with adult-oriented services or ads for dating services; in connection with the promotion of tobacco products; in connection with political endorsements; with pornographic, defamatory, unlawful, offensive or immoral content; or as suffering from, or being treated for, a physical or mental ailment.

10. Content and Intellectual Property Rights.

(a) Content. Our Services allow you to upload, store, or share content such as files, text, documents, graphics, images, music, software, audio and video (collectively “Content”). Any Content (other than Feedback) that you upload, post, or otherwise make available through the Services is referred to as “Customer Content”. 1703 Media does not claim any ownership rights in any Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to your Customer Content. By using our services, you can transform your Customer Content utilizing the 1703 Media suite of services (this is referred to as “1703 Content”). Customer at all times remains responsible for its Customer Content and the 1703 Content it has created. Customer agrees to hold 1703 Media harmless from any claim that the Customer Content or 1703 Content infringes on third-party rights or violates applicable laws, rules to regulations. 

(b) Limited Permissions to Your Content. By adding any Customer Content to our Services or generating 1703 Content via the Services, you hereby grant to 1703 Media a limited, non-exclusive license, to make the Customer Content and/or 1703 Content available to you for distribution, public display, to copy, modify, or create derivative works based upon the Customer Content and/or 1703 Content. This limited license is provided by you on a worldwide royalty-free basis with a right to sub-license so that you may make full operation of our suite of Services. You also grant to 1703 Media the right to use the Customer Content and 1703 Content, in a non-identifiable aggregated manner for the limited purposes of evaluating, improving, or enhancing the suite of services, for development, diagnostic or corrective purposes, or otherwise to allow for feature development and other offerings. For clarity, 1703 Media will not use the Customer Content or 1703 Content for any other external commercial purpose or in a stand-alone format.

(c). Third-Party Digital Materials. Our Services allow you to access and use licensed visual materials and content provided by third parties that we make available for use via the Services (“Third-Party Digital Materials”). 1703 Media and/or our licensors grant you a non-exclusive, non-transferable, worldwide, license to use, reproduce, distribute, publicly display and publicly perform any Third-Party Digital Materials available for your use in connection with your use of the Services and in the creation of 1703 Content. You may only use the Third-Party Digital Materials together with your Customer Content and the functionality of the Services. You are prohibited from using any use of the Third-Party Digital Material (1) on a standalone basis, personally or commercially, or in printed format, including on another third-party service or otherwise; (2) for any pornographic, defamatory or other unlawful purposes; (3) in electronic templates used to create electronic or printed products; (4) in physical or digital retail products, such as e-cards, calendars, posters or screensavers; (5) for the purpose of enabling file-sharing of the image file; (6) as part of any logo, trademarks, services marks or any other brand identifier or (7) for the training of any machine learning or artificial intelligence technologies. In addition, the restrictions provided in Section 9 also apply as well to Third Party Digital Material embedded in your 1703 Content. Further, you may not activate “right click” functions or remove any metadata in Third Party Digital Materials, or reverse engineer, decompile or disassemble any of our Site to enable the download of Third Party Digital Materials. This is a limited, non-exclusive, license and it does NOT provide you ownership or any intellectual property rights over the Third Party Digital Material itself. In the event, we receive notice that Third Party Digital Material is no longer available for use, we will provide reasonable notice to you. You may be limited from further use of such Third Party Digital Material for new 1703 Content.

(d) Your Responsibility for Customer Content and 1703 Content. You are solely responsible for all your Customer Content and 1703 Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your Customer Content under these Terms. You represent and warrant that neither your Customer Content or 1703 Content, nor your use and provision of your Customer Content or 1703 Content to be made available through the Services, nor any use of your Customer Content or 1703 Content by 1703 Media on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Notwithstanding the foregoing, you are not responsible for the unedited and unmodified Third-Party Content that you use in accordance with the licenses granted to you to such Third-Party Content.

(e) Removal of Customer Content and 1703 Content. You can remove your Customer Content and 1703 Content from the Services by specifically deleting it. You should know that in certain instances, some of your Customer Content (such as posts or comments you make) may not be completely removed and copies of your Customer Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Customer Content or 1703 Content.

(f) 1703 Media’s Intellectual Property. These Terms do not transfer to you any intellectual property owned by 1703 Media or any third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with 1703 Media. All trademarks, service marks, and logos used in connection with our Site or Services, belong to 1703 Media, our licensors or other third parties.

11. Copyright Policy.

1703 Media respects copyright law and expects its users to do the same. It is 1703 Media’s policy to, in its sole discretion and judgment, terminate Account holders who infringe or are believed to be repeatedly infringing the rights of copyright holders. You can find our Copyright Policy below.

12. Disclaimer of Warranty.

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. You agree that your use of our Services, and any Third-Party Content is solely at your own risk. We make no warranty that the Services or Third-Party Content will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

13. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 1703 Media, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF 1703 Media HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. To the maximum extent permitted by applicable law, the aggregate liability of 1703 Media and its affiliates, officers, directors, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount that is the greater of one hundred dollars ($100) or any amounts actually paid or payable by you to 1703 Media for the six month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

14. Indemnification.

You agree to indemnify and hold 1703 Media and its affiliates, officers, directors, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Customer Content, your authorized use of the Services or any willful misconduct on your part.

15. Termination. 

We may terminate your access and use of the Services and your Account, at any time, at our sole discretion without notice to you. You may also cancel your Account by emailing us at Admin@1703.co, giving us at least thirty (30) days notice prior to your intended termination date. If we terminate your access to the Services and your Account, and you have not violated these Terms, you may be eligible for a proration of the amount of your current billing cycle. Upon any termination, discontinuation, or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

16. Dispute Resolution.

You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Services.

 
(1). Information negotiations. Parties to a dispute concerning the Terms, Services, or Privacy Policy will attempt to informally negotiate a potential settlement or resolution to the dispute.

(2). Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association to resolve the dispute.

(3). Binding Arbitration. If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the state of Washington. Each party is responsible for paying our own filings, administrative, and arbitor fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recovery of its costs and fees. 

17. General Terms.

(a) Reservation of Rights. 1703 Media and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between 1703 Media and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between 1703 Media and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

(c) Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without 1703 Media’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be voidl. 1703 Media may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. 

18. Contacting Us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to admin@1703.co or by mail attn: 1703, Inc., 1160 Dover Lane, Foster City, CA, 94404