Terms of service
1. Using Medal
a. Who can use Medal
You may use our Products only if you can form a binding contract with Medal, and only in compliance with these Terms and all applicable laws. When you create your Medal account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies (including our Community guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. Commercial use of Medal
Unless otherwise expressly authorized herein or by us, you agree not to display, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Medal service.
2. Your content
a. Posting content
Medal allows you to post content, including video (clips), comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Medal. By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms.
b. How Medal and other users can use your content
You grant Medal and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Medal solely for the purposes of operating, developing, providing, and using the Medal Products. Nothing in these Terms shall restrict other legal rights Medal may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. Copies of content shared with others may remain even after you delete the content from your account.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Medal, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Medal and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Medal.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Medal more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Medal does not waive any rights to use similar or related Feedback previously known to Medal, or developed by its employees, or obtained from sources other than you.
3. Copyright policy
Medal has adopted and implemented the Medal Copyright policy in accordance with the applicable copyright laws. For more information, please read our Copyright policy.
We care about the security of our users. While we work to protect the security of your content and account, Medal cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third-party links, sites, and services
Our Products may contain (back)links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Medal. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Medal, you do so at your own risk and you agree that Medal will have no liability arising from your use of or access to any third-party website, service, or content.
Medal may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
We reserve the right to refuse service to anyone.
You agree to indemnify and hold harmless Medal and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
MEDAL SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Medal takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Unfortunately, people post bad stuff on user-generated content sites like Medal. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL MEDAL'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED EURO (€100).
10. Dispute Resolution
For any dispute you have with Medal, you agree to first contact us and attempt to resolve the dispute with us informally. If Medal has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms under the exclusive jurisdiction of the Courts in Amsterdam, The Netherlands. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
11. Governing law and jurisdiction
These Terms shall be governed by the laws of The Netherlands and are subject to the exclusive jurisdiction of the courts of Amsterdam.
12. General terms
Notification procedures and changes to these Terms
Medal reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Medal without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Medal's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Medal is a worldwide service and our reference to Medal in these Terms includes Medal BV and all of its worldwide subsidiaries. These Terms are a contract between you and and Medal BV, with it’s office registered at Gooimeer 8, 1411DD Naarden, The Netherlands.
Effective May 1st, 2018