TERMS OF USE

Read these Terms of Use carefully before using the Made To Measure Site, App, or Connected TV services.

1. ACCEPTANCE

By visiting and using the WME IMG, LLC (“WME|IMG”) Made To Measure website (the “Site”), and any related mobile applications (“Apps”), and connected television services (the “Connected TV”), (the Site, Apps, and Connected TV are referred to collectively the “Services”), you agree, without limitation or qualification, to be bound by these terms and conditions of use (“Terms of Use”) and the WME|IMG Made To Measure Privacy Statement (“Privacy Statement”) incorporated herein by reference.

WME|IMG reserves the right to modify or revise the Terms of Use, in its sole discretion, at any time. By visiting and using the Services, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. WME|IMG recommends that users of the Services review the most up-to-date version of the Terms of Use and Privacy Statement periodically. The materials provided on these Services are protected by law, including, but not limited to, United States copyright laws and international treaties.

2. PERSONAL INFORMATION

The personal information you submit to WME|IMG is governed by the WME|IMG Privacy Statement. To the extent there is an inconsistency between the Terms of Use and the Privacy Statement, the Privacy Statement shall govern. You are responsible for providing information that is accurate, current, and complete. If you provide information that is not accurate, current, or complete, or if WME|IMG has reason to believe that information you provided is not accurate, current, or complete, WME|IMG has the right to prohibit you from any and all future use of the Services.

3. USE RESTRICTIONS

The content on these Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from WME|IMG licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with WME|IMG. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of WME|IMG or its licensors.

WME|IMG authorizes you to view and download a single copy of the Contents, excluding any video content, solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2015, WME IMG , LLC. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Services may be included elsewhere within the Services and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to WME|IMG and its licensors.

So long as you are in compliance with these Terms of Use, WME|IMG grants a non-exclusive limited, non-transferable license to use the Services. You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use. If you breach this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any upgrades provided by WME|IMG that replace and/or supplement the original Services, unless such upgrade is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without WME|IMG’s written permission, “mirror” any Contents contained in the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. WME|IMG reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

4. SUBMISSIONS OF IDEAS

WME|IMG does not accept or review unsolicited ideas or suggestions of any kind (e.g., materials, ideas, suggestions, know-how, or concepts) through these Services or otherwise. All unsolicited ideas or suggestions will be deleted unread or destroyed, at WME|IMG’s discretion.

5. PROMOTIONS

Any and all offers or promotions advertised on these Services are void where prohibited and are subject to the posting of any official rules to such offers or promotions.

The Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). WME|IMG does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. WME|IMG is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate WME|IMG’s approval or endorsement thereof. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

7. LIABILITY OF WME|IMG AND ITS LICENSORS AND PARTNERS

The use of the Services or the Contents is at your own risk. The Contents in these Services could include technical inaccuracies or typographical errors. WME|IMG may make changes or improvements at any time.

THE CONTENTS IN THE SERVICES ARE PROVIDED "AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WME|IMG DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WME|IMG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WME|IMG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THESE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WME|IMG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

WME|IMG ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY WME|IMG, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY STATEMENT.

8. YOUR ACCOUNT

If you use these Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account or password. WME|IMG reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

9. INDEMNITY

You agree to defend, indemnify, and hold WME|IMG, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms of Use.

10. GENERAL

WME|IMG makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of WME|IMG and its Licensors and Partners, Use Restrictions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.

11. APPLICABLE LAWS

These Terms of Use are governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and WME|IMG hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Borough of Manhattan, New York, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

12. NOTICE AND TAKE DOWN PROCEDURES

If you believe any content accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from these Services by contacting WME|IMG (address identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

  2. Identification of the content that you believe to be infringing and its location. Please describe the content, and provide us with its URL or any other pertinent information that will allow us to locate the content.

  3. Your name, address, telephone number, and (if available) email address.

  4. A statement that you have a good faith belief that the complained-of use of the work is not authorized by the copyright owner, its agent, or the law.

  5. A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.

A signature or the electronic equivalent from the copyright holder or authorized representative. Our address for copyright issues relating to the Services is as follows:

WME IMG, LLC Attn: Copyright-Legal 11 Madison Ave, 18th floor New York, NY 10010 copyrightagent@wmeentertainment.com

In an effort to protect the rights of copyright owners, WME|IMG maintains a policy for the termination, in appropriate circumstances, of users of these Services who are repeat infringers.

13. COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of WME|IMG on these Services, these Terms of Use, including WME|IMG Privacy Statement, constitute the entire agreement between you and WME|IMG with respect to the use of the Services and Contents.