This online personal service (the “Service”) is a way for adults to meet each other to use our services. Mediastube.com is owned and operated by ComSysTek .com, LLC, whose principal office is located at 8300 Greensboro dr. L# 205 Tysons Corner, VA 22102 (the “Company”). In this document, wherever applicable, “We,” “Us,” “Our,” “ComSysTek.com” or “Company” is used interchangeably.
This Terms of Service is an agreement (“Agreement”) made between You and Us. This Agreement is subject to amendments from time to time and applies to all users of the Company’s websites (the “Websites”). We will use “You,” “Your,” or “Yourself” interchangeably.
You may not use the Service if you are under the age of 18 or you are not able to form legally binding contracts. Please read this Agreement carefully before registering for the Service. By registering for the Service, You become a Company member (a “Member” or “Subscriber”), and You
agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member or use the Service. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS
OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE.
- Minimum Age. You must be at least 18 years old to use the site or to register for the. Services. By signing up and registering, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
- USE OF THE SERVICE
- Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ComSysTek.com is not responsible for third party access to your account that results from theft or misappropriation of your usernames and passwords.
- Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; and (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services.
- Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline transactions.
- Reporting of Violations. You will promptly report to ComSysTek.com any violation of the Agreement by others, including but not limited to, Registered Users.
- Content Removal. ComSysTek .com reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. ComSysTek .com will have the right to remove any such information or material that in its sole opinion violates, or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
- No False Information. You will not provide inaccurate, misleading, or false information to ComSysTek.com or to any other user. If the information provided to ComSysTek .com or another user subsequently becomes inaccurate, misleading or false, you will promptly notify ComSysTek .com of such change.
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services.
- No Harassment of ComSysTek .com Employees or Agents. You will not harass, annoy, intimidate or threaten any ComSysTek .com employees or agents engaged in providing any portion of the Services to you.
- Social Media. We may provide you the option to connect your ComSysTek .com account to your account on some social networking sites (such as Facebook) for the purpose of logging
your ComSysTek .com account to your account on any social networking site, you hereby consent to the continuous release of information about you to ComSysTek .com. We will not send any of your ComSysTek .com account information to the connected social networking site without first disclosing that to you. You can always disconnect the accounts via your ComSysTek .com Account Settings page. Each social network may further allow you to set privacy controls around your information on their system, and ComSysTek.com’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.
- PROPRIETARY RIGHTS.
- Ownership of Proprietary Information. You hereby acknowledge and agree that ComSysTek .com is the owner of highly valuable proprietary information, including without limitation, the protected Service and other provisions by Us (collectively, “Confidential Information”). ComSysTek .com owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
- No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially
use, or sell any ComSysTek .com or third-party proprietary information available via the Services or the Site.
- License to Posted or Accessed Content. By posting information or content to any pages or a public area of the Services, or making it accessible to us by linking your ComSysTek .com account to any of your social network accounts (e.g. via Facebook), you automatically grant, and you represent and warrant that you have the right to grant, to ComSysTek .com and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information, and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate or maybe a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
- USER INFORMATION.
- Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on ComSysTek.com’s Privacy Statement located on
the Site. By using the Site or the Services, you are consenting to the terms of ComSysTek.com’s Privacy Statement.
- Disclosure by Law. You acknowledge and agree that ComSysTek.com may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests
or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend ComSysTek .com’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against
any person (including the user) is threatened.
- Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, ComSysTek .com reserves the right, but has no obligation, to disclose
any information that you submit to the Services, if in its sole opinion, ComSysTek.com suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse,
spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that ComSysTek .com, in its sole discretion, deems appropriate to handle such disclosure.
Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that ComSysTek.com is permitted to make such disclosure.
- Use of Anonymous Information for Research. By using the Services, you agree to allow ComSysTek .com to anonymously use the information from you and your experiences through the Services to continue ComSysTek.com’s research into successful relationships
and to improve the Services. This research, conducted by research scientists, may be published in academic journals. However, all your responses will be anonymous, and we will not publish research containing your personal identifying information.
- Disclaimer of Warranty.
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. ComSysTek .com PROVIDES THE SERVICES ON AN “AS IS” AND “AS
AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES
OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. ComSysTek .com DOES NOT WARRANT THAT
YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS
AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY
DEFECTS IN THE SERVICES WILL BE CORRECTED.ComSysTek.com DISCLAIMS
LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY
AND AVAILABILITY OF THE SERVICES.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made
available through the Services, but not directly by ComSysTek .com, are those of their
respective authors, and should not necessarily be relied upon. Such authors are solely
responsible for such content. ComSysTek .com DOES NOT: (i) GUARANTEE THE
ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON
THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY
PARTY OTHER THAN ComSysTek .com. UNDER NO CIRCUMSTANCES WILL ComSysTek
.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S
RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR
TRANSMITTED TO OR BY ANY USERS.
- Limitation of Liability.
- Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL ComSysTek .com BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF
OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR
PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE
SERVICES, EVEN IF ComSysTek .com KNOWS OR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ComSysTek.com’s AGGREGATE
LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS
AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID
BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAIDComSysTek.com FOR THE
USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
- No Liability for non-ComSysTek.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL ComSysTek.com 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 ANYONE ELSE IN CONNECTION WITH THE USE OF THE
SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL
DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS
WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS,
LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE
REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM
- Information Verification.ComSysTek.com and its contractors may use various ways of
verifying information that users have provided. However, none of those ways are perfect, and
you agree thatComSysTek.com and its contractors will have no liability to you arising from any
incorrectly verified information.
You agree to indemnify, defend and hold harmless ComSysTek.com, its subsidiary and parent
companies, and each of their officers, directors, employees, agents and related third parties, for any
losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out
of any third party claim that (a) your use of or inability to use the Site or Services, (b) your violation of
any terms of this Agreement or your violation of any rights of a third party, or (c) your violation of any
applicable laws, rules or regulations. ComSysTek.com reserves the right, at its own cost, to assume
the exclusive defense and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with ComSysTek.com in asserting any available defenses.
- Complaints / Law Enforcement Contact.
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions
(FAQ) by clicking on the FAQ tab on the menu bar of the ComSysTek.com website or e-mail us by
clicking support@ComSysTek.com. Law enforcement officials may send correspondence (such as
subpoenas, court orders and warrants) to ComSysTek.com via facsimile at (888) 492-3284. All other
communication or inquiries sent to this facsimile number will be discarded.
- Communication and Privacy.
We may use your email address to send you messages notifying you of important changes to the
Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with
your telephone number, in order to communicate with you regarding the Services. If you do not want
to receive such email messages or telephone calls (including at any wireless number you may have
voluntarily provided us), please refer to our Privacy Statement to review your options.
- Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site
or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you
or ComSysTek.com may terminate your account at any time, for any reason or no reason, without
explanation, effective upon sending written notice to the other party. ComSysTek.com reserves the
right to immediately suspend or terminate your access to any of the Services, without notice, for any
reason or no reason. We also reserve the right to remove your account information or data from our
Services and any other records at any time at our sole discretion. In the event your access to any of
the Services is suspended due to the breach of this Agreement, you agree that all fees or costs then
paid to ComSysTek.com by you will be nonrefundable and all outstanding or pending payments will
immediately be due. You may terminate your account by following the steps in the applicable section
under “Cancellations” below, or by sending a notice of cancellation to: ComSysTek.com,
- Cancellation at Any Time. Except as otherwise stated in this section, you may cancel your
registration or subscription to any Services at any time during the term of such registration or
subscription or any renewal period by accessing the “Account Settings” page and providing
the information requested.
- Cancellation as a Result of Death or Disability. If by reason of death or disability you are unable
to receive all Services for which you contracted, you or your estate may elect to be relieved of
the obligation to make payments for services other than those received before death or the
onset of disability.
i. If you have prepaid any amount for the Service, so much of the amount prepaid that is
allocable to services that you have not received will be promptly refunded to you or
ii. “Disability” means a condition which precludes you from physically using the Service
during the term of disability and the condition is verified in writing by a physician
designated and remunerated by you. Written verification from the physician must be
presented to ComSysTek.com.
- Arbitration of Disputes. You and ComSysTek.com agree that any disputes arising out of or
related to the Site, the Services, this Agreement and/or any policies or practices
of ComSysTek.com (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as
set forth in this section, and may only be resolved through an individual arbitration governed
by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only
exceptions to this agreement to arbitrate Disputes are claims of infringement or
misappropriation of ComSysTek .com’s copyright, patent, trade secret, trademark, service
mark, trade dress or other intellectual property or proprietary rights, which ComSysTek
.com may elect to have resolved by means other than arbitration. Notwithstanding the
above, ComSysTek .com is always interested in attempting to resolve any Disputes by
amicable and informal means, and we encourage you to contact us before resorting to
arbitration. YOU AND ComSysTek .com AGREE THAT WE ARE EACH GIVING UP OUR
RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be
determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
- No Class Actions. YOU AND ComSysTek .com ACKNOWLEDGE THAT NEITHER OF US
WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING
IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor
ComSysTek .com agrees to class arbitration or any arbitration where a person brings a dispute
as a representative of other person(s).
- Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the
arbitration of Disputes will be administered by the American Arbitration Association (AAA), a
non-profit organization not affiliated with ComSysTek .com, in accordance with its Commercial
Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures
for Consumer-Related Disputes. You can find further details about the arbitration procedure
by clicking sending an email to support@ComSysTek.com.
- Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any
court of competent jurisdiction.
- Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the
contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed
within one (1) year after the date in which the incident giving rise to the Dispute occurred.
Failure to file an arbitration claim as described above within the applicable limitations period
constitutes a waiver of such claim and serves as complete bar to any claim based on any
- General Provisions.
- Right to Seek Injunction. Violation of this Agreement may cause ComSysTek .com irreparable
harm, and therefore agree that ComSysTek .com will be entitled to seek extraordinary relief in
court, including but not limited to temporary restraining orders, preliminary injunctions and
permanent injunctions without the necessity of posting a bond or other security, in addition to
and without prejudice to any other rights or remedies that ComSysTek .com may have for a
breach of this Agreement.
- Miscellaneous. This Agreement, which you accept upon registration for the Services,
the Privacy Statement located on the Site, and any applicable payment, additional Services
terms, comprise the entire agreement between you and ComSysTek .com regarding the use
of this Service, superseding any prior agreements between you and ComSysTek .com related
to your use of this Site or Services (including, but not limited to, any prior versions of this
Agreement). The FAQ’s found on the Services are for informational purposes only and are not
deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will
survive termination of your registration to the Service. The failure of ComSysTek .com to
exercise or enforce any right or provision of this Agreement does not constitute a waiver of
such right or provision. If any provision of this Agreement is held invalid, the remainder of this
Agreement will continue in full force and effect. The section