The Medialyte Network (“Medialyte,” “We,” “Us,” or “Our”) specializes in crafting visually stunning digital artwork and building user-friendly, high-performance websites. Our team combines artistic flair with technical expertise to bring your brand’s vision to life online.
These Terms of Use (“Terms”) shall govern the use of all pages on this website, content, features, software, and mobile applications (collectively, “Services”) provided by Us. By using the Services, you agree to Our Terms and all other applicable terms, policies, and agreements posted on Our Services.
Our Services may link to third-party websites, services, or mobile applications, but these Terms do not apply to any of those linked websites, services, or mobile applications. For questions regarding these Terms, please email Us at contact@medialyte.com or contact Us here.
To use Our Services, we need to collect and use your information. To learn about the data We collect, how We use it, and how it is shared across Our Services, please refer to Our Privacy Policy. By using Our Services, you understand and consent to collecting and using your information as outlined in Our Privacy Policy.
To register for a Medialyte account, you must be a resident of the United States and at least 18 (eighteen) years old. By using Our Services, you confirm that you meet both of these requirements and that you are legally able to agree to Our terms. Medialyte assumes no responsibility or liability for any misrepresentation of your age or residence.
As a user of certain features of Our Services, you may be required to create an account with Us. You agree that We will send emails to you at the email address you provide and communicate with you for purposes related to your account, such as informing you of updates, changes, or additions to the Services, these Terms, and any other applicable terms, policies, and agreements posted on Our Services. Medialyte reserves the right to, in its sole discretion, revoke the use of your account username or identity, refuse you use of Our Services, or terminate your rights to use the Services.
3.2 Security: You are solely responsible for maintaining the confidentiality of your account details for all usage and activity on or through your account, including use of your account by a third-party authorized by you. If you discover or suspect that your account has been compromised, you agree to notify Us immediately at accounts@medialyte.com.
3.3 Cancellation: Medialyte reserves the right to terminate your account if sufficient payment for service subscriptions is not paid before or on the start date or renewal date.
Medialyte grants you a non-exclusive, limited, non-transferable, non-sublicensable, and revocable license to use the Services as permitted by these Terms. Your license does not include the right to, and you may not use the Services to post content, advertise, sell, or link to any websites, products, or services that contain, promote, or engage in any of the following:
- Interference with or impairment of the operation of the Services including, but not limited to, uploading viruses or malicious code
- Reverse engineering, tampering with, or bypassing any security associated with the Services
- Using the information of another person or entity with the intent of impersonating that person or entity, misleading, or otherwise deceiving users of the Services as to your true identity
- Sexually suggestive or explicit content of ANY kind (if you’re unsure about this one, just don’t do it)
- Harassing, abusing, threatening, or posting private or confidential information about others
- Violating the legal rights of others, including intellectual property rights
- Offensive, harmful, or abusive language including expletives, profanities, obscenities, and vulgarities
- Violence, hate, or discord
- Discrimination based on race, religion, nationality, disability, sexual orientation, or age
- Unlawful, illegal, or fraudulent activity
- Unlawfully gathering information about others
- Violating any terms, policies, or agreements posted on Our Services
You give Us permission to install updates and any additional features to improve, enhance, or further develop Our Services; any future installations will be subject to these Terms. Medialyte reserves the right to modify, suspend, or discontinue the Services, in whole or in part, with or without notice to you.
For the purposes of these Terms, content may include, but is not limited to, text, links, images, videos, audio, customer reviews, comments, messages to other users, or any other materials (collectively, “Content”). Medialyte takes no responsibility and assumes no liability for any Content posted to the Services. We do not endorse, support, represent, or guarantee the accuracy or reliability of any Content, and We do not endorse any opinions expressed via any Content. We reserve the right to review, edit, or remove any Content that violates these Terms although We are not obligated to do so.
5.2 Content Provided by You: You are solely responsible for all Content you submit. You warrant that you own or have secured all legal rights necessary for the Content you provide and that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to use the Content. Content submitted to the Services is public; only submit what you are comfortable sharing with others.
You keep ownership you have of any intellectual property in your Content. We do not claim ownership of your Content; however, you do hereby grant Us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, copy, run, translate, publicly perform or display, and create derivative works of your Content. You always have the option to end this license at any time by deleting your account.
7.2 Payments: When you make a purchase through the Services, you agree to provide valid billing information, and you agree that you are permitted to use that billing information. You authorize Medialyte and Our supported payment processor, Stripe, Inc., to charge the full amount of payment using the billing information you provide for the purchase transaction. Unless stated otherwise, all payments shall be in U.S. currency.
8.2 Cancellation: You may cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with Our Services, please email us at support@medialyte.com.
8.3 Fee Changes: We may, from time to time, make changes to subscription fees. You will receive notification to your account email address and via Our Services when prices are changed.
9.2 Advertisements: Medialyte Services may display sponsored advertisements (“Advertisements”). We do not endorse, support, represent, or guarantee the accuracy or reliability of goods and services promoted through Advertisements. Advertisements are subject to change, and you acknowledge and agree that We may place advertisements in connection with the display of any Content on the Services, including your Content.
Medialyte may terminate these Terms with you at any time for any reason, with or without cause, specifically if you are in violation of any terms outlined here. If you have an account with Us, you may also terminate these Terms at any time by deleting your account through your dashboard account settings. Upon deletion of your account, your website and Content you submitted to the Services will be deleted and can not be recovered; you will not be entitled to any refund for purchases. Please refer to Privacy Policy: How Long We Keep Your Information for more details on how information may survive account deletion. Any provisions of these Terms that would be expected to survive termination by their nature shall remain in full force and effect.
MEDIALYTE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR THE CONTENT AVAILABLE ON THE SERVICES, INCLUDING THIRD-PARTY CONTENT. MEDIALYTE DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ANY PARTICULAR CRITERIA OF PERFORMANCE, PURPOSE, OR NEED. MEDIALYTE DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MEDIALYTE, ITS PERSONNEL, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS OR REVENUES, LOSS OF DATA, USE, GOODWILL, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) YOUR USE, MISUSE, OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONTENT PROVIDED BY THE SERVICES, INCLUDING THIRD-PARTY CONTENT; OR (C) ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICES. IN NO EVENT SHALL MEDIALYTE’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO MEDIALYTE IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATION OF LIABILITY PROVISIONS OUTLINED IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT MEDIALYTE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS MEDIALYTE, ITS PERSONNEL, AND ITS AFFILIATES FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE SERVICES; (B) ANY CONTENT PROVIDED BY THE SERVICES, INCLUDING THIRD-PARTY CONTENT; (C) ANY INTENTIONAL OR WILLFUL VIOLATION OF ANY RIGHTS OF ANOTHER OR HARM YOU MAY HAVE CAUSED TO ANOTHER; (D) YOUR VIOLATION OF THESE TERMS; OR (E) YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS. MEDIALYTE WILL HAVE SOLE CONTROL OF THE DEFENSE OF ANY SUCH DAMAGE OR CLAIM.
In case of a dispute relating to or arising out of these Terms or the Services, you agree to try to resolve the dispute with Us personally and in good faith. If the personal resolution attempt fails and any litigation specifically permitted under these Terms is initiated, the laws of the State of Georgia shall govern any matter or dispute relating to or arising out of these Terms or Services, with the exception of its conflict of law provisions. You and Medialyte agree to submit to the personal jurisdiction of the federal or state courts of Fulton County, Georgia, USA. You waive any claim that such courts constitute an inconvenient forum.
These Terms and the Privacy Policy make up the entire agreement between you and Us regarding your access to and use of the Services. If We enforce no right or provision of these Terms, that shall not constitute a waiver of any future enforcement of such right or provision. These Terms may not be assigned, sold, leased, or otherwise transferred, in whole or in part, by you; We may freely assign these Terms. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force. We are not liable for any failure to perform due to causes beyond Our reasonable control including, but not limited to, acts of God, acts of civil or military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
We may revise these Terms or Our Services from time to time; however, We will inform you of changes by updating the effective date at the top of these Terms. If We make a change that, in Our sole discretion, is material, We will provide you with additional notice (e.g., notification through the Services or email communication). We encourage you to review these Terms regularly to stay informed. By continuing to use Our Services after any changes go into effect, you agree to be bound by the revised Terms.