TERMS & CONDITIONS

1. Your Agreement with LONG TAIL MEDIA.

1. Choice of Law. Your relationship with LONG TAIL MEDIA, LLC a Washington Limited Liability Company located and doing business solely within the United States, shall be governed by the laws of the State of Washington.

2. This document sets forth your legal agreement with LONG TAIL MEDIA, LLC, its agents, affiliates, longtailpro.com (collectively, “LONG TAIL MEDIA”). Your use of any LONG TAIL MEDIA’s website, software and/or service (collectively “Service” or “Services”) is subject to these Terms of Use (the “General Terms”).

3. Some Services may also be subject to additional or different terms (the “Additional Terms”). Without limitation, the Additional Terms for the following Services are hereby incorporated into the General Terms by reference:

LONG TAIL MEDIA SOFTWARE END USER LICENSE AGREEMENT

1. If there is any conflict between the General Terms and the Additional Terms, then the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms and all other documents incorporated by reference in these General Terms are referred to as the “Terms”.

2. LONG TAIL MEDIA may change the Terms at its sole discretion. If we change the Terms, then we will make a new copy available at https://longtailpro.com/terms-and-conditions/. Your use of the Services is subject to the most current version of the Terms at the time of such use.

2. Definitions

Unless otherwise defined, capitalized terms used throughout these General Terms have the meanings stated below:

1. “Account Information” means the information you provide to LONG TAIL MEDIA when you register for a service, including your LONG TAIL MEDIA ID and log-in information.”

2. “LONG TAIL MEDIA Materials” means any Materials provided by LONG TAIL MEDIA under these Terms.

3. “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, and any other intellectual and proprietary rights.

4. “Law” means any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction, such as any laws regarding the export of data or software to and from the United States or other applicable countries.

5. “Marks” means the trademarks, logos and service marks displayed on the Services whether officially registered or not.

6. “Materials” means any materials provided by you or LONG TAIL MEDIA, including without limitation any (a) User Material; (b) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (c) products, and (d) Software.

7. “Shared Material” means the User Material that you or other Users share through the Services.

8. “Share” means to email, post, transmit, upload, or otherwise make available through your use of the Services.

9. “Software” means LONG TAIL MEDIA software code and associated documentation, including without limitation any mobile and tablet applications related to the Services, content files, drivers, patches, or fonts.

10. “User” means a user of the Service.

3. Acceptance of Terms.

1. You may not use the Services if you do not agree to the Terms. You may accept the Terms (a) by selecting “I agree” to these Terms, (b) by using the Services in any way, such as downloading or uploading any Materials made available via the Services by LONG TAIL MEDIA, you, or other Users, or (c) by merely browsing the Services.

2. You may not use the Services if (a) you are prohibited by Law from receiving or using the Services, (b) you are not fully able and competent to enter into a binding contract with LONG TAIL MEDIA, such as if you are not of legal age or have not obtained parental consent. In particular, unless expressly stated otherwise in the Additional Terms for any given Service, you affirm that you are over the age of 18 and acknowledge that these Services were not intended for children under 18.

3. LONG TAIL MEDIA may require you to provide consent to the updated Terms before further use of the Services is permitted. Otherwise, your continual use of any Service constitutes your acceptance of the changes.

4. Privacy Policy

For information about LONG TAIL MEDIA’s data protection and collection practices, please read the LONG TAIL MEDIA Privacy Policy at https://longtailpro.com/privacy-policy, which is incorporated herein by reference. You agree to LONG TAIL MEDIA’s use of your data in accordance with the Privacy Policy.

5. Ownership

1. Services and LONG TAIL MEDIA Materials. The Services and LONG TAIL MEDIA Materials, and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided in the Terms, LONG TAIL MEDIA does not grant any express or implied rights to use the Services and Materials. All rights, title, and interest in the Service and LONG TAIL MEDIA Materials, in all languages, formats, and media throughout the world, are and will continue to be the exclusive property of LONG TAIL MEDIA and nothing in the Terms shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party.

2. Services and LONG TAIL MEDIA Materials. The Services and LONG TAIL MEDIA Materials, and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided in the Terms, LONG TAIL MEDIA does not grant any express or implied rights to use the Services and Materials. All rights, title, and interest in the Service and LONG TAIL MEDIA Materials, in all languages, formats, and media throughout the world, are and will continue to be the exclusive property of LONG TAIL MEDIA and nothing in the Terms shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party.