Terms Of Use:
Revised: January 01, 2024
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.60 SECOND MEDIA.COM (THE "SITE") OR ANY SERVICE OFFERED BY 60 SECOND MEDIA. ("60 SECOND MEDIA," "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY 60 SECOND MEDIA SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY 60 SECOND MEDIA SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.
This Agreement applies to all Site visitors and users of the Site or 60 Second Media Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any 60 Second Media Service.
- WELCOME TO 60 SECOND MEDIA.
- Video Subscriptions
Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.
- AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe and are off the waitlist, 60 Second Media will automatically process your Monthly Subscription fee in the next billing cycle. 60 Second Media will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".
- AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.
- You may cancel your Monthly Subscription at any time by contacting 60 Second Media. You will need to get an email confirmation from us notifying you that your service has been canceled.
- Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year however, again you must receive a confirmation email from us notifying you that we have received your cancelation.
You agree to indemnify and hold 60 Second Media, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any party due to or arising out of your use of the 60 Second Media Website.
- Eligibility to Use the Site and 60 Second Media Services
60 Second Media's Right to Revoke, Suspend, or Restrict Eligibility: 60 Second Media reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. 60 Second Media may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any 60 Second Media Service. If 60 Second Media bans you from the Site or any 60 Second Media Service, you may not return to the Site or use that 60 Second Media Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the 60 Second Media Service after you've been banned, you will be deemed to have breached this Agreement, and 60 Second Media reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
- GENERAL TERMS OF USE FOR OUR SITE AND ALL THE 60 SECOND MEDIA SERVICES
Account Information: In the course of your use of the Site or 60 Second Media Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. 60 Second Media's privacy policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.
Account Transfer Prohibited: You may not transfer or sell your 60 Second Media account or username to any other party. You are fully responsible for all activity of your 60 Second Media account and username.
General Practices Regarding Site Use and Storage: You acknowledge that 60 Second Media may establish general practices and limits concerning Site use and storage. You agree that 60 Second Media has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that 60 Second Media may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.
Site Content: Other than content submitted to the 60 Second Media Online Community by users ("User Content"), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without 60 Second Media's prior written permission. You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.
User Content: You must own all User Content you submit to any 60 Second Media Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the 60 Second Media Online Community and you submit User Content at your own risk.
60 Second Media does not claim ownership rights in your User Content. When you submit User Content to any 60 Second Media Online Community you grant us a license to use such content, but you retain ownership.
By uploading User Content on the Site, you grant 60 Second Media a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or later developed. You agree to allow 60 Second Media to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way 60 Second Media chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you.
Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold 60 Second Media harmless for any dispute concerning such re-posting. 60 Second Media assumes no responsibility for any third party's intellectual property infringement of User Content.
Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed in the 60 Second Media Online Community or through the 60 Second Media Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear in the 60 Second Media Online Community or through the 60 Second Media Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed in the 60 Second Media Online Community without our written permission or that of the third-party rights holder.
Prohibited User Conduct: You agree that while using the Site and 60 Second Media Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from 60 Second Media, its affiliates (3) misrepresent your affiliation with any third party; (4) post or republish third-party advertising on any part of the 60 Second Media Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or 60 Second Media Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.
Information on the 60 Second Media Online Community: We control and operate the Site from the United States. 60 Second Media does not control User Content postings to the remainder of the 60 Second Media Online Community. The views expressed in the 60 Second Media Online Community do not necessarily reflect or represent the views of 60 Second Media, its staff or creative people.
60 Second Media reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the 60 Second Media Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. 60 Second Media also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.
You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact [email protected]
Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.
Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each 60 Second Media Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to 60 Second Media as each payment, if any, is due. You agree to pay all applicable taxes, if any. If 60 Second Media does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
- AUTOMATIC RENEWAL TERMS: For 60 Second Media Services subject to automatic renewal, you agree that 60 Second Media may submit periodic charges (monthly or yearly) until you provide notice that you wish to terminate the authorization or change your payment method. You agree that such notice will not affect charges submitted before 60 Second Media could reasonably act.
Our total price for any 60 Second Media Service involving your purchase of a product (Memberships and 60 Second Media Offers services) will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with 60 Second Media and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.
Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. When appropriate, you should seek independent professional advice.
Warranty Disclaimer: 60 SECOND MEDIA AND 60 SECOND MEDIA'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND 60 SECOND MEDIA SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. 60 SECOND MEDIA AND 60 SECOND MEDIA'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM 60 SECOND MEDIA TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE, THE 60 SECOND MEDIA ONLINE COMMUNITY, AND THE 60 SECOND MEDIA SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT 60 SECOND MEDIA HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
Liability Limit: IN NO EVENT SHALL 60 SECOND MEDIA OR 60 SECOND MEDIA'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SALES REPRESENTATIVES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR 60 SECOND MEDIA SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF 60 SECOND MEDIA AND 60 SECOND MEDIA'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO 60 SECOND MEDIA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: YOU AGREE TO INDEMNIFY AND HOLD 60 SECOND MEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. 60 SECOND MEDIA RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH 60 SECOND MEDIA'S DEFENSE OF SUCH CLAIM.
LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND 60 SECOND MEDIA HAVE AGAINST EACH OTHER ARE RESOLVED.
If a dispute arises between you and 60 Second Media, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team by sending us an email at [email protected] Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.
If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and 60 Second Media all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using 60 Second Media, are no longer a 60 Second Media Subscriber, and/or have deleted your 60 Second Media account.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and 60 Second Media each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either 60 Second Media or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND 60 SECOND MEDIA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND 60 SECOND MEDIA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
If a dispute arises between you and 60 Second Media, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team by sending us an email at [email protected] Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.
If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and 60 Second Media all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using 60 Second Media, are no longer an 60 Second Media Subscriber, and/or have deleted your 60 Second Media account.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and 60 Second Media each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either 60 Second Media or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
Exceptions to Agreement to Arbitrate.
We all agree that we will go to court to resolve disputes relating to:
- Your or 60 Second Media’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
- Any claim made in small claims court either in Douglas County, Nevada, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.
No Class Actions.
We all agree that we can only bring a claim against each other on an individual basis.
That means:
- Neither you nor 60 Second Media can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
- The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.
The Arbitration Process.
The American Arbitration Association (AAA) will manage the arbitration between you and 60 Second Media, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
You are allowed to select the arbitration location as being in the county or province where you live or in Douglas County, Nevada. We can also choose a third location if we mutually agree.
While most arbitrators render a verbal decision, both you and 60 Second Media have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, 60 Second Media and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.
Applicable Law.
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.
Apart from that, if you are U.S. resident, these terms and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.
Any dispute or claim arising from or relating to the Agreement or the 60 Second Media Shopper is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in these Terms of Use.
Choice of Law: This Agreement shall in all respects be governed by the laws of the State of Nevada and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and 60 Second Media's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement: These Terms of Use, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy, Community Guidelines, and all other operating rules, policies, procedures, and additional terms that 60 Second Media may publish from time to time on the Site, constitutes the entire agreement between you and 60 Second Media concerning your use of the Site and 60 Second Media Services. 60 Second Media reserves all rights not granted under this Agreement.
Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency: You and 60 Second Media are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to 60 Second Media must be given by postal mail to M. Nichols, Attention: Legal Department, 2244 Foothill Road Suite #1482 Genoa, Nevada 89411. Any notice to you may be given: (1) to the email address you provide to 60 Second Media during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to 60 Second Media, in which case notice will be deemed sufficient three days after the mailing date.
For intellectual property issues, please provide notice as specified in 60 Second Media's Copyright and Intellectual Property Policy.
Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.
- MODIFICATIONS TO TERMS OF USE