Terms of Service

Welcome to Apsos Media, the website and mobile service of Apsos LLC (“Apsos Media”, “we”, or “us”). This page explains the terms by which you may use our online and/or mobile services, the https://apsosmedia.com website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (including any order forms and schedules, collectively referred to as the “Agreement”) and to the collection and use of your information as set forth in the Apsos Media Privacy Policy at https://apsosmedia.com/privacy-policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service, including both unregistered visitors as well as subscribers who pay to access certain features of the Service (collectively, “Users”).

 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1.     Use of Our Service

Apsos Media provides hosted solutions.

A.               Eligibility

Our customers trust Apsos Media. We earned that trust with technology to keep information and content secure and confidential. The Apsos Media platform provides turnkey marketing solutions, including website development, search engine optimization, and other business services. If you are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are duly authorized to bind that entity to this Agreement, in which case the terms “you” and “your” refer to that entity.

B.               Apsos Media Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Apsos Media reserves all rights not expressly granted herein in the Service and the Apsos Media Content (as defined below). Apsos Media may terminate this license at any time for any reason or no reason.

 

Apsos Media may, from time to time and in its sole discretion, release updates, upgrades, patches, or new versions of the Service that add, modify, or remove features or functionality, and such updates may be deployed automatically without prior notice to you.

 

You are solely responsible for providing, and for all costs and fees associated with, the hardware, devices, internet access, and telecommunications services required to access and use the Service.

C.              Apsos Media Accounts

Account Creation. Your Apsos Media account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Apsos Media 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 an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

 

Third-Party Connections. By connecting to Apsos Media with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

 

Account Security. You may not share your account or password with anyone. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Apsos Media immediately of any breach of security or unauthorized use of your account. Apsos Media will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings available within your account.

 

Communications. By providing Apsos Media your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences through the settings available within your account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

D.              Service Rules

You agree not to engage in any of the following prohibited activities:

(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;

(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Apsos Media servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;

(iii) transmitting spam, chain letters, or other unsolicited email;

(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

(vi) uploading invalid data, viruses, worms, or other software agents through the Service;

(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;

(viii) using the Service for any commercial solicitation purposes;

(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

(x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service;

(xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;

(xiii) modifying, formatting, or presenting your own website, marketing materials, social media, or other communications in a manner that suggests, states, or implies an affiliation with, endorsement, sponsorship, certification, or approval by Apsos Media that does not in fact exist, or that misrepresents the nature, scope, or existence of your relationship with Apsos Media; or

(xiv) using any artificial intelligence, machine learning, large language model, autonomous agent, or other automated system (collectively, “AI Agents”) to access, interact with, or generate traffic against the Service in volumes or patterns that exceed what a single human user could reasonably produce in the same period through ordinary use, or to access the Service other than through interfaces and APIs that Apsos Media has officially designated for programmatic use. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.

 

We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

 

You are solely responsible for your interactions with other Apsos Media Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Apsos Media shall have no liability for your interactions with other Users, or for any User’s action or inaction.

E.               Restrictions

You will not, and will not permit any other party to: (i) disassemble, decompile or reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party or use the Service to provide time sharing or similar services for any third party; (iii) modify, copy or make derivative works based on any part of the Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service; (v) delete the copyright and other proprietary rights notices on the Service; (vi) interfere with or disrupt the integrity, operation or performance of the Service or the data contained therein.

 

You acknowledge that Apsos Media may from time to time issue upgraded versions of the Service, and may automatically electronically upgrade the version of the Service that you are using. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Service is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

 

Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Apsos Media reserves all rights not expressly granted under this Agreement.

 

If the Service is being acquired on behalf of the United States Government, then the following provision applies: the Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Service originates in the United States, and is subject to United States export laws and regulations. The Service may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Service may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Service.

F.               Plans and Plan Restrictions

The Service may be available via various licensing tiers (each a “Plan”). Each Plan licensee is assigned a unique user identification name and password (“User ID”) for access to and use of the Service. User IDs cannot be shared or used by more than one Plan licensee at a time. In addition, you agree to abide by any additional Plan restrictions outlined in any Plan documentation provided to you by Apsos Media.

 

You will not, and will not permit any other party to, create, maintain, or use multiple accounts, rotate credentials across accounts, or otherwise orchestrate activity across accounts in order to circumvent any usage limit, rate limit, Plan restriction, fee, or feature limitation applicable to the Service. You are solely responsible for all activity conducted under your account, including all activity conducted by any AI Agent, script, or other automated system that you, your personnel, or any third party operating on your behalf use in connection with the Service, and you may not disclaim responsibility for such activity on the basis that it was initiated, directed, or executed by an automated system rather than by a human.

G.              AI Features and Outputs

The Service may include features that use artificial intelligence, machine learning, large language models, or similar technologies (collectively, “AI Features”) to generate text, images, summaries, recommendations, code, or other material (“AI Output”). Apsos Media may, in its sole discretion, add, modify, suspend, or remove any AI Feature at any time without notice.

 

Ownership of AI Output. As between you and Apsos Media, you own the AI Output generated from your inputs through your authorized use of the Service, subject to the rights of Apsos Media and any third parties in the underlying AI Features, models, and Apsos Media Content. Notwithstanding the foregoing, Apsos Media retains all right, title, and interest in and to (i) the AI Features and the underlying models, algorithms, software, and infrastructure; (ii) any Apsos Media intellectual property, Apsos Media Content, or Apsos Media Confidential Information that is contained, embedded, or reflected in any AI Output; and (iii) any AI Output to the extent it is generated independently of your inputs or is substantially similar to outputs generated for other users.

 

Use of Your Inputs to Improve AI Features. You agree that Apsos Media may use the data and content you submit to or generate through the Service, including prompts, inputs, and AI Output, in de-identified and aggregated form, to operate, evaluate, train, fine-tune, and improve the Service and the AI Features. Apsos Media will not share or sell your individually identifiable inputs or AI Output to third parties for the purpose of training their AI models without your consent.

 

No Warranty for AI Output. AI Output is generated probabilistically and may be inaccurate, incomplete, biased, offensive, out-of-date, or otherwise unfit for any particular purpose. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APSOS MEDIA MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, ORIGINALITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY AI OUTPUT. You are solely responsible for reviewing and verifying any AI Output before relying on or using it, and Apsos Media shall have no liability for any decision made, action taken, or content published in reliance on AI Output. You will not represent AI Output as having been generated by a human or as being the work product of any specific person.

2.     User Content

Ownership and License. Users may provide or post audio or video content, documents, comments, questions, and other content or information through the Service (“User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by posting, providing or sharing User Content through the Service, you agree we may transmit and display such User Content through the Service to those who you directly or indirectly provide access information or who otherwise obtain such access information (collectively, “Other Users”). Other Users could include your meeting invitees and any individuals to whom such invitees provide the same access information. Apsos Media has the right (but not the obligation) in its sole discretion to remove or suspend any User Content that is shared via the Service and/or to block access to Users and Other Users. If you have a concern about an Other User, please notify Apsos Media of that concern. We do not control and are not responsible for Other Users. We do not and can not verify that Other Users are who you think they are or who the Other User says they are.

 

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.

 

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Apsos Media reserves the right, but is not obligated, to reject and/or remove any User Content that Apsos Media believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

 

Definition. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 

Your Representations and Warranties. In connection with your User Content, you affirm, represent and warrant the following:

• Apsos Media takes no responsibility and assumes no liability for any User Content that you or any Other User or third party posts or sends over the Service or otherwise. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. 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, and you agree that Apsos Media shall not be liable for any damages you allege to incur as a result of User Content.

 

• You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

 

• Your User Content and Apsos Media’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

 

• Apsos Media may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

 

• To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

3.     User Content Limited License Grant

You hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Apsos Media a royalty-free, non-exclusive, worldwide license to use, display, distribute, and transmit User Content and your name, voice, and/or likeness as contained in your User Content to provide the Service as contemplated in this Agreement. You also hereby grant each Other User of the Service a non-exclusive license to access and display your User Content through the Service through the functionality of the Service. Your User Content may include other restrictions that are applicable between you and your Other Users (e.g., you may provide Other Users notice of your copyright in your User Content).

 

4.     Mobile Software

We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Apsos Media does not warrant that the Mobile Software will be compatible with your mobile device. Apsos Media hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Apsos Media account on one mobile device owned or leased solely by you, for your personal use. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Apsos Media or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).

Mobile Software – Google Play Terms. If you access or use the Services through Mobile Software obtained from Google Play, you acknowledge that this Agreement is between you and Apsos Media, and not with Google LLC. You agree to comply with the Google Play Terms of Service (available at https://play.google.com/about/play-terms/index.html).

 

Mobile Software – Apple App Store. If you access or use the Services through Mobile Software obtained from Apple’s App Store (“App Store Mobile Software”), the requirements of the Apple Media Services Terms and Conditions (available at https://www.apple.com/legal/internet-services/itunes/us/terms.html) apply:

A.               Acknowledgement. This Agreement is between you and Apsos Media only, and not with Apple Inc. (“Apple”). As between Apsos Media and Apple, Apsos Media, not Apple, is solely responsible for the App Store Mobile Software and its content.

B.               Scope of License. The license granted to you for the App Store Mobile Software is limited to a non-transferable license to use the App Store Mobile Software on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions, except that the App Store Mobile Software may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

C.              Maintenance and Support. Apsos Media is solely responsible for providing any maintenance and support services with respect to the App Store Mobile Software, as specified in this Agreement or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Mobile Software.

D.              Warranty. Apsos Media is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed under this Agreement. In the event of any failure of the App Store Mobile Software to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price, if any, that you paid for the App Store Mobile Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Mobile Software.

E.               Product Claims. You acknowledge that Apsos Media, not Apple, is responsible for addressing any claims by you or any third party relating to the App Store Mobile Software or your possession and/or use of the App Store Mobile Software, including: (i) product liability claims; (ii) any claim that the App Store Mobile Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App Store Mobile Software’s use of the HealthKit and HomeKit frameworks, if applicable.

F.               Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that the App Store Mobile Software or your possession and use of the App Store Mobile Software infringes that third party’s intellectual property rights, Apsos Media, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

G.              Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

H.              Apsos Media’s Contact Information. Apsos Media’s contact information for any end-user questions, complaints, or claims with respect to the App Store Mobile Software is as follows: Apsos LLC, 1216 W. Bridge Street, Spring Day, PA  19475.

I.                 Third-Party Terms. You must comply with applicable third-party terms of agreement when using the App Store Mobile Software (for example, the requirements of your mobile carrier).

J.                Third-Party Beneficiary. You and Apsos Media acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement as it relates to the App Store Mobile Software, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.

5.     Our Proprietary Rights

Ownership. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Apsos Media Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Apsos Media and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Apsos Media Content. Use of the Apsos Media Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

Feedback and Ideas. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Apsos Media under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Apsos Media does not waive any rights to use similar or related ideas previously known to Apsos Media, or developed by its employees, or obtained from sources other than you.

 

Non-Exclusivity. Nothing in this Agreement grants you any exclusive right to the Service, and Apsos Media may at any time provide the Service to any other person or entity, including your competitors, in any industry, geography, or market segment.

 

Our Confidential Information. You acknowledge that, in connection with your use of the Service, you may receive information from or about Apsos Media that is not generally known to the public, including non-public information about the Service, pricing, product roadmaps, business operations, and technology (“Apsos Media Confidential Information”). You agree to hold all Apsos Media Confidential Information in confidence, to use it solely in connection with your authorized use of the Service, and not to disclose it to any third party without Apsos Media’s prior written consent. This obligation does not apply to information that is or becomes publicly available through no fault of yours, was rightfully known to you without a duty of confidentiality before disclosure, or is required to be disclosed by law (provided you give Apsos Media prompt notice where legally permitted).

 

Publicity. Apsos Media may identify you as a customer of Apsos Media and describe, in general terms, the services provided to you in its marketing and sales materials, customer lists, case studies, press releases, and on its website and social media channels. You may opt out of this reference use at any time by providing written notice to Apsos Media, after which Apsos Media will cease the further reference use within a reasonable period (it being understood that materials already in distribution need not be recalled).

6.     Paid Services

Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms which applied when you began your subscription, as we may update them from time to time. Paid subscriptions to the Service are offered on a month-to-month basis (unless you and Apsos Media agree otherwise in writing) and will automatically renew for successive monthly billing periods at the then-current rate until cancelled in accordance with this Agreement. You may cancel your subscription at any time, but cancellation will take effect at the end of the then-current monthly billing period; your subscription will continue, and you will retain access to the paid features, through the end of that period. No partial-month, pro-rated, or other refund will be issued for the unused portion of any billing period. Apsos Media may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

 

Reactivation and Late Payments. If a terminated, cancelled, or lapsed account is later reactivated, Apsos Media reserves the right, in its sole discretion, to charge a reactivation fee as a condition of restoring access. Any undisputed amounts not paid within thirty (30) days after the due date shall accrue interest from the original due date until paid in full at the rate of one percent (1%) per month, or the maximum rate permitted by applicable law, whichever is lower.

 

No Refunds. You may cancel your Apsos Media account at any time; however, there are no refunds for cancellation. In the event that Apsos Media suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Apsos Media Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

 

Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. Unless otherwise specified, all fees and amounts referenced in this Agreement are stated and payable in United States Dollars (USD).

7.     Data on Termination

Following the effective date of any termination, cancellation, lapse, or non-renewal of your account or paid subscription, Apsos Media will, for a period of thirty (30) days, make commercially reasonable efforts to provide you with the ability to export your data from the Service. After that thirty (30)-day period expires, Apsos Media may delete, destroy, or render permanently inaccessible any data, content, or other materials associated with your account, and will have no further obligation to retain, return, export, migrate, or otherwise make available any such data. You are solely responsible for exporting and preserving copies of your data within the thirty (30)-day window; Apsos Media has no obligation to retain or transfer your data after that window closes.

8.     Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy at https://apsosmedia.com/privacy-policy.

9.     Security

Apsos Media uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

10.  DMCA Notice

Since we respect artist and content owner rights, it is Apsos Media’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Apsos Media’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

 

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

 

Identification of the copyrighted work that you claim has been infringed;

 

Identification of the material that is claimed to be infringing and where it is located on the Service;

 

Information reasonably sufficient to permit Apsos Media to contact you, such as your address, telephone number, and e-mail address;

 

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

 

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

 

Attn: DMCA Notice

Apsos LLC

1216 W. Bridge Street

Spring Day, PA  19475

[phone]

 

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 

Please note that this procedure is exclusively for notifying Apsos Media and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Apsos Media’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

 

In accordance with the DMCA and other applicable law, Apsos Media has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Apsos Media may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

11.  Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Apsos Media. Apsos Media does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Apsos Media’s Privacy Policy do not apply to your use of such sites. You expressly relieve Apsos Media from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Apsos Media shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

12.  Indemnity

You agree to defend, indemnify and hold harmless Apsos Media and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

13.  No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Apsos MEDIA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

Apsos MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Apsos MEDIA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Apsos MEDIA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

14.  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Apsos MEDIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Apsos MEDIA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Apsos MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

 

IN NO EVENT SHALL Apsos MEDIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Apsos MEDIA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Apsos MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

The Service is controlled and operated from facilities in the United States. Apsos MEDIA makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

15.  Governing Law and Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Apsos MEDIA.

 

These Terms and any action related thereto will be governed by the substantive and procedural law of the Commonwealth of Pennsylvania, and the federal law of the United States, without regard to or application of any conflict of laws principles or rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms.

 

Any controversy or claim between the parties or arising out of these Terms or any Services shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules. We anticipate that you may be geographically distant from our offices. Accordingly, to reduce the cost of resolving any dispute, all arbitration hearings will be conducted by video conference or audio conference. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

 

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND APSOS MEDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

16.  General

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Apsos Media without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

Force Majure. Any failure or delay by Apsos Media in the performance of its obligations pursuant to this Agreement will not be deemed a default or breach of the Agreement or a ground for termination to the extent such failure or delay is due to computer or Internet or telecommunications breakdowns, denial of service attacks, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil unrest, rebellions or revolutions in the United States, or any nation where the obligations under this Agreement are to be executed, strikes, supplier and third-party failure, lockouts, labor difficulties, quarantines, health related orders, or other similar actions taken by governmental authorities, or any similar cause beyond the reasonable control of Apsos Media.

 

Survival. Any and all provisions, promises, and warranties contained herein, which by their nature or effect are required or intended to be observed, kept, or performed after termination or expiration of this Agreement, will survive the termination or expiration of this Agreement and remain binding upon and for the benefit of the Parties hereto.

 

Notification Procedures and Changes to the Agreement. Apsos Media may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Apsos Media in our sole discretion. Apsos Media reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Apsos Media is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Apsos Media may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

 

Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Apsos Media in connection with the Service, shall constitute the entire agreement between you and Apsos Media concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

 

No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Apsos Media’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

Contact. Please contact us info@apsosmedia.com with any questions regarding this Agreement.

 

Last Revised. This Agreement was last modified on May 19, 2026.