Have you HERD? We're a group of independent visual content creators. Our goal is to create the best content for our clients while, connecting our audience to our own internal brands and original content.
A MODERN CONTENT PRODUCTION COMPANY!
Welcome to Herd Media we're into listening....and we're into getting your listeners to listen. Once we've HERD from you about your project, we'll get right to work producing top quality content. It will be done from its' conception to completion in an efficient and cost effective manner. We're looking to provide our clients with a digital representation of themselves with a full-service Video Production, CGI/VFX Design, Logo Design, Social Media Makeovers and much more! Our team currently consists of an efficient network of passionate and experienced individuals and Supported by a technologically advanced pipeline to deliver complex visual designs. Work with us and be HERD.
Click a project below to go in depth!
Production is the phase of video production which captures the video content. Post-production is the action of selectively combining those video clips through video editing into a finished product that tells a story.
The manipulation and arrangement of video shots. Video editing is used to structure and present all video information including films, television shows and advertisements.
Pre / Post Production
Chroma Key / LUT Color Correction
GRAPHIC DESIGN / WEBSITE DESIGN
We want to help creatively craft compelling graphics and optimized website presences that achieve goals.
Custom Web Site Design / Logo Design
Responsive and Mobile Friendly
Search Engine Optimization SEO
E-Commerce / Shopify Pages
Custom Branded Images (No Stock Ever!)
Promoting your content to online audiences in multiple media formats through various channels and platforms.
YouTube Optimization / Ads
Deep Content Models
2017 BYU Running Back Jamaal Williams Documentary
Project Type Contracted: Videography + Editing Services
Client Name: Media Mangy
Player name: Jamaal Williams
In this documentary series we cover Jamaal Williams star running back from Brigham Young University Cougars as he enters the 2017 NFL draft on April 27th 2017. Williams attended Summit High School in Fontana, California. He committed to Brigham Young University (BYU) to play college football.
Shortly after the filming of this documentary during the 2017 draft Jamaal Williams was selected and now plays for the Green Bay Packers in the NFL. To say congrats we made a quick video for fun manipulating his BYU school uniform to reflect green bay uniform colors.
AGENT 2021 JANUARY 17, 2019 | HARD ROCK STADIUM | MIAMI GARDENS, FL
Project Type Contracted: Videography Services
Client Name: Dean Miller
In its second year, Agent2021 is a one-day conference that educates agents and owners in four industries (real estate, auto, insurance, and mortgage) on how to use innovation to grow your business. Join Gary Vaynerchuk and other industry thought leaders at the Hard Rock Stadium to learn about the tools, platforms, and tactics that can be used to start marketing for the year we live in.
Dean Miller discovered us through a reply on Facebook. With the commonality of being from Long Island he gave us the opportunity to join him in creating content for his real estate company on the backside of Agent 2021 were we connected and networked with hundreds of professionals in the real estate and marketing atmosphere including Gary Vaynerchuk.
LEND US YOUR EARS!
Welcome to HERD Music We are a creative service to offer the best music video, album cover art, and production experience to all current, new and upcoming artists. We are equipped with every tool necessary to make a high quality product from the recording stage right up to the final mix down tweaking visual assets and designs all along the way.
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Artist Brand Identification
We want to help take musicians to success by creating a specifically unique brand identification to tell their stories and appeal to their userbase.
Logo Design/Animated Intro Videos
Complete Social Media Brand Id (Across All Platforms) Makeovers
Website & Click Funnel
Custom Album/Track Artwork
Merchandise Creation E-Commerce and Shopify
Project Type Contracted: CGI/VFX + Motion Graphics + Editing Services
Born and raised in Queens, New York, rapper/songwriter/producer Hans Inglish emerged in early 2014 as an unsigned independent artist. His earlier music career was launched back in 2008 under the stage name 'Flawless' to which he garnered some notable success. These including being signed and enjoying mainstream radio play around the USA. He has opened for many signed acts such as Trey Songz, Fabolous and many others.
Hans Inglish's sound mixes elements of Pop, EDM, Hip-Hop, House and R&B. His music may at first seem reminiscent of many Top-40 radio hits of today but you quickly find they contain an infectious originality all of their own.
"NOBODY BUT ME" MUSIC VIDEO
In this space themed music video, Hans Inglish ventures through the galaxy of the mind in an exploration both outward & inward. Which one will provide the enlightenment he seeks?
HERD Media was contacted by Hans to work on the piece providing CGI backgrounds from keyed green screen footage to ad in developing his concept for the video turn around time for the video was about 3-4 weeks.
CGI/Animation by: Marquis Shepherd for Herd Media - @herdmedia
Produced by: D&S Productions (Aaron Spencer/Jason Linton)
Additional vocals performed by: Drake Murphy - @drakemurphyofficial
Recorded/Mixed/Written by: Hans Inglish
Mastered by: Michael Fossenkemper @ TurtleTone Studios
Creative Direction: Kim Ly /Hans Inglish / Aaron Spencer
"F.U.N" - SEAN SEAY MUSIC VIDEO
Project Type Contracted: Videography + Editing Services
Client Name: Media Mangy
Client name: Sean Seay
Alabama has played a central role in the development of some of the biggest stars in the music industry today. Yet it’s probably the last place anyone would expect to find talent. Originally known for it’s contribution to Country music, Blues, Folk music, Gospel and Polka, Sean Seay, a music artist based in Montgomery, found his own sound – a fusion of Dance, Pop and R&B. Through his music, Seay keeps it honest and authentic while adding an element of fun. Tough and tender, emotional yet understated.
RMG ALBUM RELEASE PARTY "CHAMPION" SONG PROMO
Project Type Contracted: Videography/Photography + Editing with Add-on Motion Graphics Services.
Client Name: Thorough Consulting
Client name: Gaiia
Gaiia got into contact with Herd Media to help film the performance of her new single "Champion" at the Rockstarr Music Group launch event in Miami. Her single, “Champion” is featured on the RMG compilation along with with Trina and the other label mates. ”Champion” is available on all streaming platforms.
BEYOND THE STANDARD
As a add on to the video we offered a new kind of creative video that goes beyond just video. Herd Media designed a fully 3D version of the RMG compilation album cover as event promotion.
AARON x AUSTIN "SAD ASS SONGS"
Project Type Contracted: Multiple Track Vectorized Cover Art Services
Client: Roc Nation/Equity Distribution
Client: Aaron x Austin
“Aaron X Austin” identical twin brothers From Pontiac, Michigan are artist and songwriters that have worked with producers such as Ryan summers and Eli Celestin who has produced for artist such as “ Daniel Sky” “ Flo Rida “ and “Tory lanez” who also worked with a Warner bros executive.
THE SINGLE COVER ART
After a multitude of revisions we came down to the perfect minimalism feel with a 808's Heartbreak inspired cover to complement the track.
BRAND AND IMAGE WORK WITH KHOULAY
Project Type Contracted: Videography/Photography + Editing, Logo Design, Social Media Graphic Design + Animated Motion Graphics Services
The international pop singer Khoulay is on a mission to take over the American music charts. Born in Fes Morocco the singer/songwriter came to the United States to accomplish all her dreams and goals to be the number 1 pop artist.
GRAPHICS FOR SOCIAL MEDIA CHANNELS
FILMED STUDIO SESSION PROMO CONTENT FOR SINGLE "CRAZY LOVE"
ALL WORK ALL PLAY!
Welcome to HERD Games were an Indie video game developer as well as an interactive media content creation service. We always have and always will love video games in which, we are deeply passionate about its creation from the in-game models look and feel, down to the high-poly cinematic sequences. The attention to detail in games such as, Grand Theft Auto or the inspiration engaging Uncharted Series, to even simple minimalist approach of mobile games, all have inspired us to put in the work to tell the stories we want to tell. On the services side we want to help provide anything needed to help any and all developers succeed with their games.
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We develop 3d assets for games, commercials and other purposes. We offer the most efficient solutions based on the technical requirements, time and budget.
UV Mapping / Texturing
In Game Animations
Level Of Detail (LOD's)
UI / UX
The process of making interfaces in software or computerized devices with a focus on looks or style. Designers aim to create designs users will find easy to use and pleasurable. UI design typically refers to graphical user interfaces.
Pixel Perfect Output
PAPER ROUTE VIDEO GAME
Herd Games Orginal
Game Type: Runner (PC, Mobile)
Paperboy is an 1985 arcade game developed and published by Atari. In the original game the player takes the role of a paperboy who delivers a fictional newspaper called "The Daily Sun" along a suburban street on his bicycle. This remake will bring updated graphics using Unreal Engine 4 as well as parkour animations.
Work In Progress
The player controls a paperboy that use's "parkour" to efficiently deliver newspapers along a suburban street which is displayed in a cabinet perspective (or oblique projection) view. The player attempts to deliver a week of daily newspapers to subscribing customers, all while avoiding hazards along the street. Subscribers are lost by missing a delivery.
The game will beginbegins with a choice of difficulty levels: Easy Street, Middle Road and Hard Way. The object of the game is to perfectly deliver papers to subscribers for an entire week in the quest form possible. The game lasts for seven in-game days, and each level will have its own time of day portions Morning, Noon Evening and Night.
Sonic Adventure 2 REMAKE
Herd Games Orginal
Game Type: Platformer (PC, Mobile)
Sonic Adventure 2 is a 2001 platform game developed by Sonic Team USA and published by Sega. The sequel to Sonic Adventure, it was the final Sonic the Hedgehog game for the Dreamcast after Sega discontinued the console. It features two good-vs-evil stories: Sonic the Hedgehog, Miles "Tails" Prower and Knuckles the Echidna attempt to save the world, while Shadow the Hedgehog, Doctor Eggman and Rouge the Bat attempt to conquer it. The stories are divided into three gameplay styles: fast-paced platforming for Sonic and Shadow, multi-directional shooting for Tails and Eggman, and action-exploration for Knuckles and Rouge.
Work In Progress
The Remake will use the high graphics possibilities of Unreal Engine 4 that will consist of all new hand made models, textures and animations. Currently adding and reworking content to release each stage of Sonic Adventure 2 in a episodic fashion.
We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with the Sonic Team USA, or any of its subsidiaries or its affiliates.
The name "Sonic the Hedgehog" and any related names, marks, emblems and images are registered trademarks of their respective owners. This remake was conducted by a group of loyal art-loving fans who believe technology has the power to transform the way we all experience art.All names, logos, images, and brands are property of their respective owners.
PICK THE PERFECT LOCATION
Breathtaking landscapes. Dramatic changes in weather. Dynamic curves. We set the scene for your vehicles using high-quality customized CGI. In locations worldwide. In impressive quality: with a resolution of up to 4K and frame rates of up to 60 frames per second. For product presentations, trade fairs, events and a lot more.
EFFECTIVE PRODUCTION TIME
There are no limits: choose a number of shots, change the shot order and add animations, duration or even time of day. The result: is customized, Photo-realistic, high quality driving shots for any and every occasion.
BEHIND THE SCENES
Kuruma offers you the perfect solution producing videos and photography with high-end quality to your taste in the most efficient way possible. Using Kuruma to fulfill the constant need to post to social media to attain brand relevancy you essentially have content that never runs out or gets old.
Click the link below to go in depth!
We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with the any of the above mention car brands or dealers, or any of its subsidiaries and affiliates.
The names depicted here and any related names, marks, emblems and images are registered trademarks of their respective owners. All names, logos, images, and brands are property of their respective owners.
MOTIVATE. OPERATE. VISION. EXPRESSION
M.O.V.E Brands best defined by a quote by the great Bruce Lee.
" Empty your mind, be formless, shapeless — like water. Now you put water in a cup, it becomes the cup; You put water into a bottle it becomes the bottle; You put it in a teapot it becomes the teapot. Now water can flow or it can crash. Be water, my friend"
We want to create a health and fitness brand that represents his famous quote through all kinds of apparel and accessories from flavored water to headphones jackets and shoes.
Click the link below to go in depth!
COLLECTION OF DATA
a. We collect personal data when you voluntarily provide it to us.
We collect personal data from you in several different ways on the Site. Personal data means information that can reasonably be used to identify you personally (such as your name, phone number, address, and email address). We collect this personal data when you voluntarily provide it to us (such as when you submit an inquiry or apply for a job online). You can choose not to provide the requested data, but you might not be able to take advantage of certain Site features.
b. We automatically collect data about your browser or device and your use of the Site.
When you access and use the Site, our technology and tools may automatically collect and record certain data (which does not identify you as an individual) about your use of the Site (your IP address, browser type, the make and model of device used to view the Site, unique device identifiers, the referring web page, pages visited, search terms and other information relating to your use of the Site, browser or device).
We also use various tracking technologies (such as cookies, clear GIFs, and/or pixel tags) to collect data about your use of and access to the Site. Cookies are small bits of information that may be placed on your computer by websites you visit, applications you use, or advertisements you view. Cookies alone tell us nothing about who you are. Pixel tags generate a generic notice of a visit to the Site. Pixel tags are used in conjunction with cookies to anonymously track the activity on the Site by a particular browser on a particular site.
c. Third-parties may also automatically collect data about you.
d. Our “Do Not Track” (DNT) Policy
Some websites have “do not track” features that allow you to tell a website not to track you. We do not currently respond to those signals or similar mechanism transmitted by web browsers. To learn more about browser tracking signals and DNT, please visit http://allaboutdnt.org.
USE OF COLLECTED OF DATA
We collect and use the types of data described above to assist in the administration and operation of the Site and to provide you an efficient, meaningful, and customized experience. We may use the data to:
Fulfill our obligations with respect to the reason you volunteered the data (e.g., to respond to an inquiry, evaluate your job application, etc.);
Allow you to participate in certain features of the Site;
Improve the Site or our products, events and services;
Optimize your experience on the Site (e.g., troubleshooting technical programs, storing your preferences, etc.);
Carry out our obligations and enforce our rights arising from arrangements between you and us; and
For any other purpose with your consent or as permitted by law.
Additionally, we may use the data for marketing purposes to:
Provide you with additional information regarding products, events and services from HERD Media, and its subsidiaries and affiliated companies via email or through advertising on various social media platforms or websites (both desktop and mobile) that you may visit; and
Develop, improve, and target our promotional messaging to you and others via retargeting, online behavioral advertising, and use of social media platform tools for advertising (such as creation of Facebook Lookalike Audiences).
You can learn more about Facebook ads and other types of online advertising.
3. Legal Basis for Processing Personal Data
To the extent you provide us with personal data, we are processing your personal data under the following lawful basis:
Processing necessary for compliance with legal obligations.
THIRD PARTY WEBSITES AND EMBEDDED CONTENT
HOW WE SHARE DATA
Affiliates and Subsidiaries. We may share your data collected on this Site with our subsidiaries or affiliated companies.
Service Providers.We may provide collected data to our service providers. They may use your data to perform services for us and may have access to, store and process your personal data to provide services on our behalf.
Sponsors or Event Partners. In the instance of ticketed events, we may share your personal data with sponsors or event partners.
Business Transfer. In the event that HERD Media undergoes a merger, acquisition by another company or sale of its assets, your data will, in most instances, be part of the assets transferred.
YOUR RIGHTS UNDER THE GDPR
If you are accessing the Site from the European Economic Area, which includes the European Union, Iceland, Liechtenstein, and Norway, you have the following rights under the General Data Protection Regulation (GDPR).
If you wish to exercise any of these rights under the GDPR, please email us at email@example.com
Right to be informed about the collection and use of your personal data.
Right to access your personal data.
Right to have any inaccurate personal data corrected.
Right to have your personal data erased.
Right to restrict use of your personal data.
Right to personal data portability
Right to object to the processing of your personal data.
OPTING-OUT OF DATA USE OR WITHDRAWING
As described above, we collect personal data about you when you voluntarily provide it to us, collect other data about you and your use of the Site automatically when you interact with us. If you do not want us to use your collected data as described above or if you wish to withdraw your consent to permit us to process your personal data, please email us at firstname.lastname@example.org or write us at the address below with such request.
If you no longer wish to receive communications from HERD Media, you can opt-out from receiving such messages in the future by following the instructions in the emails or contacting us at email@example.com.
You may remove certain tracking technologies and opt-out of online behavioral advertising messaging by using the opt-out tools available from the Digital Advertising Alliance (DAA Opt-Out Tool) and the Network Advertising Initiative (NAI Opt-Out Tools). Please note that these opt-out tools are device and browser specific, so you must repeat the opt-out from each of your browsers and devices.
PROTECTION AND RETENTION OF DATA
We use appropriate technical and organizational measures to ensure a level of security appropriate to the risk and to safeguard your data in our possession. However, no data transmission over the Internet is completely secure and no security mechanism is impenetrable. Therefore, although we take steps to protect your data, we cannot guarantee the security of the data that we collect from you or the security of our servers or the Site. By accessing the Site, any transmission of data is at your own risk and you agree to assume all risk in connection with data sent to us or collected by us.
FOREIGN JURISDICTIONS AND PERSONAL DATA TRANSFERS
CHILDREN AND PARENTS
We respect children’s privacy. We do not target or knowingly or intentionally collect personally identifiable information from children under the age of 13. By using the Site, you have represented and warranted that you are either at least 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, you may not use the Site. If you become aware that your child has provided us with personal information without your consent, please email us at firstname.lastname@example.org.
The website you have entered (its sub-domains, affiliated websites, any mobile versions, and any services available therefrom) (the “Site”) is a copyrighted work owned and operated by HERD Media LLC; and its subsidiaries, parents, and affiliates (“HERD,” “we” or “us”).
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YOUR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.
CHANGES TO THE SITE OR TERMS
HERD Media reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) at its sole discretion with or without notice to you. You agree that HERD Media will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
HERD Media further reserves the right, at any time, to revise these Terms or to impose new terms and conditions with respect to access or use of the Site, the Content, or any other matter, in its sole discretion. Any modification to the Terms shall become effective when posted. ANY ACCESS OR USE OF THIS SITE OR ANY CONTENT BY YOU AFTER THE POSTING OF THE REVISED TERMS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms shall be valid or enforceable against HERD Media unless expressly agreed to by HERD Media in a writing signed by a duly authorized officer of HERD Media.
TERM AND TERMINATION
These Terms will remain in full force and effect while you use the Site. HERD Media may terminate these Terms or discontinue operation of the Site without notice to you, at any time and for any reason, in our sole discretion, without liability, including but not limited to if you breach any of these Terms. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site or any Content.
In the event of a termination of these Terms or termination of your access to and use of the Site, Sections 3 through 14 of these Terms shall survive and continue in full force and effect. Further, all rights granted by you shall remain in full force and effect and HERD Media shall be permitted, but shall not have any obligation, to delete any of your personal data collected in the operation of the Site unless otherwise required by law.
SITE LICENSE / SITE CONTENT
License. Subject to these Terms, HERD Media grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use. Unauthorized access to or use of the Site or the Content is a breach of these Terms and may be a violation of law.
Site Content. Unless specifically permitted herein, no information, materials, files, videos, or other content (collectively “Content”) comprising, contained in or distributed through the Site may be reproduced in any form or used by you without the prior written consent of HERD Media. The Site and the Content found therein are the property of HERD Media, its licensees and/or licensors. The Site and the Content are protected by copyright laws and international treaty provisions. You acknowledge that HERD Media or its clients, business partners, licensees or licensors (as applicable) own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all Content. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site or any of the Content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, de-compile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Site, the Content, any technology or software relating thereto, or any portion of any of the foregoing. All copyright, trademark, or other proprietary notices on the Site or any Content must be retained and displayed at all times.
DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
THE SITE AND THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY DISCLAIMED). YOU ASSUME THE ENTIRE RISK (i) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SITE; AND (ii) THAT THE SITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, HAVE ANY LEVEL OF QUALITY OR MEET YOUR EXPECTATIONS. HERD Media MAKES NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES, RELATING TO YOUR USE OF THE SITE OR THE SITE OR CONTENT. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM, THROUGH OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF HERD Media OR ANY OF THE HERD Media PARTIES (AS HEREINAFTER DEFINED).
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of HERD Media shall be limited to the greatest extent permitted by applicable law.
USER CONDUCT / PROHIBITED ACTIVITIES
You agree that you shall not post, publish, submit or otherwise disseminate through the Site any content or other information:
that is known by you to be false, inaccurate or misleading;
that violates, infringes or misappropriates any third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right;
that violates any law, statute, regulation, rule or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language;
that contains any computer viruses, worms or other potentially damaging computer programs or files
In addition to the foregoing, you agree not to:
Download or upload any content or material that you know or reasonably should know cannot be legally obtained in such manner;
Restrict or inhibit any other user from using and enjoying any area within the Site;
Collect or store personal information about other users of the Site, or submit personal data on the Site without their express permission and authority to do so;
Attempt to access or use the Site or the Content after your access or use has been terminated;
Affect the way the Site displays Content (including any pages contained therein) other than through adjustments to your browser or display settings to facilitate your personal viewing of the Site;
Use any automated means to access or use the Site or to collect any Content contained therein;
Modify or create variant versions of the HERD Media name, trademark or logos;
Interfere with or disrupt the Site or the infrastructure;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site;
Take any action that imposes an unreasonably or disproportionately large load on the Site or its infrastructure;
Engage in any acts or omissions that could constitute a violation of applicable laws, statutes, regulations, rules or ordinances.
You agree to notify us if you suspect any activity in violation of these Terms and cooperate with our investigation of such violation.
The Site may contain links to third-party websites and services for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of HERD Media, and HERD Media is not responsible for any Third-Party Links. HERD Media provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. Your interaction with all Third-Party Links is at your own risk. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
COPYRIGHT AND TRADEMARK INFORMATION
© HERD Media, LLC 2019. All rights reserved.
Your use of any trademarks, service marks, branding, logos, and designs owned or licensed by HERD Media, its affiliates, or any of its clients is prohibited without the prior written consent of HERD Media or the consent of the third party that owns the trademark.
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GOVERNING LAW AND JURISDICTION
The Site is controlled and managed by HERD Media from its offices in the United States and is targeted to the United States. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws principles. By using the Site, you submit to the exclusive jurisdiction of and venue in the Federal District Court located in the Southern District of New York and the Supreme Court of the State of New York for New York (Manhattan) County to resolve any dispute arising out of or in connection with these Terms, the Site or the Content, and waive any objections thereto including those of inconvenient forum or similar defenses.
You must not use the Site or the Content in countries where it is restricted, prohibited or limited by local law, regulations, codes or customs. HERD Media makes no warranty or representation that the Site or the Content is appropriate or available for use in locations outside the United States.
USERS OUTSIDE OF THE UNITED STATES
If you (a) are using the Site from a country embargoed by the United States, (b) are on the United States Treasury Department’s list of “Specially Designated Nationals,” or (c) are on the U.S. Commerce Department’s Table of Deny Orders, you agree that you will not conduct any commercial activities using or through the Site and will not otherwise use the Site or any related services in violation of United States export control laws or regulations.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HERD MEDIA AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, IDENTIFIED SITE SPONSORS, OR REPRESENTATIVES (ALL OF THE FOREGOING, COLLECTIVELY, THE “HERD MEDIA PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PERSONAL OR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PERSONAL OR BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGE) ARISING OUT OF OR RELATED TO THESE TERMS OR ARISING OUT OF THE ACCESS OR USE, OR INABILITY TO ACCESS OR USE THE SITE AND/OR ITS CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED (E.G., WHETHER IN CONTRACT, TORT OR OTHERWISE). ACCESS TO, AND USE OF, THE SITE AND CONTENT IS AT YOUR OWN RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR LOSS OF DATA RESULTING THEREFROM. IF, NOTWITHSTANDING THE PROVISIONS OF THE TERMS, ANY OF THE HERD MEDIA PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HERD MEDIA PARTIES SHALL IN NO EVENT EXCEED $100 USD. YOU AGREE TO USE YOUR BEST EFFORTS TO MITIGATE ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, parts of the above limitation may not apply to you. In such jurisdictions, the liability of HERD MEDIA shall be limited to the greatest extent permitted by applicable law. Check your local laws for any restrictions or limitations regarding the limitation of liability for consequential or incidental damages.
You agree to defend, indemnify and hold harmless HERD MEDIA, its affiliates, licensees, vendors, partners, identified Site sponsors, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) your breach of these Terms or any applicable laws or regulations, (b) your access to or use of the Site and/or the Content, (c) your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) your tortious acts including, without limitation, defamation, and/or (e) any claims you may raise against third parties relating to third party products or services. We reserve the right to assume, at our expense, the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. If we assume such defense, we will be responsible solely for our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be your sole responsibility.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
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