Terms of Use

Effective Date: October 21, 2025

1. CHANGES TO THESE TERMS
2. MOBILE DEVICES
3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
4. ACCOUNTS, SECURITY, PASSWORDS
5. USER CODE OF CONDUCT
6. DISCLAIMER OF WARRANTIES, CONDITIONS, AND OTHER TERMS
7. EXCEPTIONS
8. EXCLUSIONS AND LIMITATIONS ON LIABILITY
9. INDEMNIFICATION
10. MODIFICATION/TERMINATION BY TRITON
11. LINKS
12. INTERNATIONAL USE
13. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
14. USER MATERIALS; UNSOLICTED SUBMISSIONS OF WORKS AND ENGAGEMENT WITH THE SITE
15. ARTIFICIAL INTELLIGENCE
16. INTELLECTUAL PROPERTY
17. GOVERNING LAW; FORUM SELECTION; VENUE; DISPUTE RESOLUTION
18. GENERAL

This website (“Site”) is owned or managed by Ando Media, LLC dba Triton Digital and/or as applicable, Triton Digital Canada, Inc. (collectively “Triton,” “we,” “us,” or “our”), both of which are subsidiaries of iHeartMedia, Inc. These Terms of Use (“Terms”) cover all Triton Sites and Services   (defined below)  that link to these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO ACCESS, BROWSE, OR USE THIS SITE OR ANY SERVICES. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING OR EXCLUDING TRITON’S LIABILITY. 

Please read these Terms carefully before using the Sites. Your use of the Sites constitutes your acceptance to be bound by these Terms without limitation, qualification or change, unless mandatory local laws require otherwise. If at any time you do not accept all the terms and conditions of these Terms, you must not use the Sites. These Terms set forth Triton’s policies solely with respect to its operation of the Triton Sites.

The Sites are for business and commercial purposes only. By using the Sites, you agree that your use of the Sites is solely for business and commercial purposes and that no consumer or household use of the Services is permitted under any circumstances. By using the Sites for business purposes on behalf of a company, business, or other legal entity, you enter these Terms on behalf of that entity and, by using the Sites, you represent, warrant and agree  that you: (a) are of the age of majority in your jurisdiction, and (b) have the authority to bind such entity to these Terms. Throughout these Terms, ‘you’ means the company, business, or other legal entity on whose behalf you are proceeding.

Certain products or services offered by the Sites (each a “Service” and collectively the “Services”) may be governed by additional terms (“Additional Terms”) presented to you in conjunction with those products or services. You agree to these Additional Terms when using those areas or Services. The Additional Terms and these Terms taken together, shall apply to your use of the Services. In the event of an inconsistency between the Additional Terms and these Terms, the Additional Terms shall control. 

YOU MAY NOT USE ANY TRITON SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, ANY ADDITIONAL TERMS, AND/OR ANY APPLICABLE LAWS. YOUR ACCESS TO ANY TRITON SITE MAY BE TERMINATED IMMEDIATELY IN TRITON’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TERMS, ANY APPLICABLE ADDITIONAL TERMS AND/OR APPLICABLE LAWS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION, OR FOR NO REASON AT ALL. 

Triton reserves the right, in its sole discretion, to modify, alter, or otherwise change these Terms and/or the Additional Terms at any time. Triton will notify you of any changes to these Terms and/or the Additional Terms by updating the “Effective Date” at the top of the page where such terms are posted, unless otherwise required by applicable laws.  Where required by applicable laws, Triton will provide reasonable notice of any material changes to these Terms and/or Additional  Terms.

Please review these Terms and/or Additional Terms periodically for changes. Your continued use of this Triton Site constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Triton Site and/or the Service to which the changes may apply. 

You are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, cable, mobile, wireless, Internet and other services necessary to access, visit and/or use the Service. If you are accessing the Service via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.

There are locations on the Site where you may be asked to provide your personal information.  Triton has a Privacy Notice that describes its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Notice here:  https://tritondigital.com/privacy-policies. By using this Triton Site you acknowledge the disclosures set forth in the Privacy Notice. 

If this Triton Site or Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable registration form. You should check any registration information you provide, at the time of submission and on a regular basis, to ensure it remains current, complete, and accurate. After you have fully completed the registration, you may be asked to choose a password and a username. It is important that you maintain the confidentiality of your username and password and, if a third party gains access to your account as a result of your failure to do so, you accept responsibility for any and all activities that occur under your account. You may cancel your account by contacting customer service or by following the instructions in any applicable Additional Terms. 

You must notify us immediately if you become aware of any unauthorized use of your account, or if you believe a third party may have gained access to your username and password. 

In accessing and using this Triton Site and/or the Services, you agree that you will not: 

• Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes.
• Deliver any unlawful (according to applicable law or regulation) postings to or through this Triton Site, or any postings which advocate illegal activity.
• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
• Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
• Deliver, or provide links to, any postings containing defamatory, false or libelous material.
• Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
• Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
• Deliver any posting containing private personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
• Use the Services in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Triton Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
• Attempt to gain unauthorized access to this Triton Site, any related website, other accounts, computer system, or networks connected to this Triton Site, through hacking, password mining, or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Triton Site, including harvesting or otherwise collecting information about others such as email addresses. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SITE AND/OR ANY SERVICE AT YOUR OWN RISK.
• ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT, AUDIO, VIDEO AND RELATED GRAPHICS ARE PROVIDED TO YOU ON AN “AS IS/AS AVAILABLE” BASIS. 
• TRITON EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.TRITON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS TRITON SITE (OR ANY SERVICES AVAILABLE ON THE SITE) WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS TRITON SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• TRITON DOES NOT GIVE OR MAKE ANY WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS TRITON SITE FOR ANY PURPOSE. TRITON IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, TERMS, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  

IN SUCH JURISDICTIONS, THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET OUT IN THESE TERMS AND/OR ANY ADDITIONAL TERMS WILL APPLY ONLY TO THE  EXTENT PERMITTED BY APPLICABLE LAW. 

EXCEPT WHERE AND TO THE EXTENT EXPRESSLY REQUIRED BY APPLICABLE LAW, TRITON, ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THIS TRITON SITE, ITS CONTENTS AND/OR ANY SERVICE, SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

(1) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES;

(2) YOUR INABILITY TO USE THE TRITON SITE;

(3) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS IF THIS IS CAUSED BY YOUR NON-COMPLIANCE WITH THESE TERMS AND/OR ANY ADDITIONAL TERMS;

(4) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE;

(5) ERRORS OR INACCURACIES CONTAINED ON THIS TRITON SITE;

(6) ANY TRANSACTIONS ENTERED INTO THROUGH THIS TRITON SITE;

(7) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS TRITON SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR

(8) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THIS TRITON SITE AND SERVICE.

THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRITON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

IN NO EVENT DOES TRITON LIMIT OR EXCLUDE ANY LIABILITY WHOSE LIMITATION OR EXCLUSION IS EXPRESSLY PROHIBITED BY APPLICABLE LAW.

You agree to indemnify and hold harmless Triton, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms, the Additional Terms, if any, or otherwise arising in any way out of your use of this Triton Site or any Service. You agree to cooperate fully with Triton in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms. 

Triton reserves the right, in its sole discretion, to modify, suspend, or terminate this Triton Site and/or any portion thereof, including any Service, and/or your account, password, or use of any Service, or any portion thereof, at any time for any reason with or without notice to you unless otherwise required by applicable laws. 

Termination of your account for a Service removes your authorization to use the Service. In the event of termination, you will still be bound by your obligations under these Terms and any Additional Terms, including the warranties, conditions, terms and representations given or made by you, and by the disclaimers and limitations of liability for your use prior to termination, to the fullest extent permitted by applicable laws. Unless expressly required by applicable laws, Triton shall not be liable to you or any third party for any termination of your access to a Service. 

This Triton Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). Triton does not monitor or control the Linked Sites and makes no representations regarding the Linked Sites. Triton is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any Linked Site, you do so at your own risk. Your use of any Linked Site is subject to its terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply Triton’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site. You use Linked Sites at your own risk.

IF ANY MATERIAL ON THE SITE, OR YOUR USE OF THE SITE, IS CONTRARY TO THE LAWS OF THE COUNTRY WHERE YOU ARE WHEN YOU ACCESS IT, THE SITE IS NOT INTENDED FOR YOU, AND YOU SHOULD NOT ACCESS OR USE IT. YOU ARE RESPONSIBLE FOR INFORMING YOURSELF OF THE LAWS OF YOUR JURISDICTION AND COMPLYING WITH THEM. 

Triton may display advertisements for third party goods on the Triton Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Triton bears no responsibility for any Third Party Good advertised on the Sites. 

User Materials 

Triton does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to Triton by you through the Site or Service (collectively, “User Materials”). Triton is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Triton reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. 

You are solely responsible and liable for all User Materials you deliver to Triton. Any violation of these Terms can subject your Triton account to immediate termination, and possible further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by Triton will not infringe or violate the rights of any third party in any manner. 

You grant to Triton an unrestricted, perpetual, worldwide, irrevocable, royalty-free, transferable and sub-licensable license to display, use, modify, perform, reproduce, transmit, and distribute any User Materials for any and all commercial and noncommercial purposes. Further to the foregoing, if any ownership in User Materials remains with you, you hereby grant Triton a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to (and to allow others to) use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, create derivative works from, and perform your User Materials. You further waive any and all moral rights existing in any such User Materials to the fullest extent permitted by applicable law.

You acknowledge and agree that Triton may preserve or delete User Materials at any time and for any purpose. You also acknowledge and agree that you are not guaranteed access to User Materials at any time. Furthermore, Triton may disclose User Materials if Triton determines that: (i) disclosure is necessary to enforce these Terms, respond to claims that any User Materials violates the rights of third parties, or protect the rights, property, or personal safety of Triton, its users, and the public; or (ii) appropriate legal process requires disclosure. Without limiting the generality of the foregoing, you authorize Triton to include User Materials in a searchable format that may be accessed by users of the Site.

Except where and to the extent expressly required by applicable law, Triton shall have no liability for User Materials that are public and visible on the Site, or search engines, including after deletion of such User Materials by you or Triton.

Unsolicited Submissions; Feedback

We do not accept or consider unsolicited creative materials, ideas or suggestions either via this Triton Site, email or other means. However, if you do still transmit to us, via this Triton Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. You agree that Triton, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you. 

You also agree not to use, nor to authorize the use of, any Intellectual Property (as defined in the next Section) or contact details, personal identifiers, metadata processes, source codes, algorithms or other data in or on the Triton Site and/or Services (the “Triton Data” and together with the Intellectual Property, the “Triton IP & Data”):

(i) to create, train (whether directly or indirectly) and/or improve any generative or other artificial intelligence and/or machine learning models, applications, systems or technologies and any datasets therefor, whether now existing or hereafter created, in any manner, means or media and/or for any purpose whatsoever (e.g., machine learning, generative technology, data mining, cognitive computing, natural language processing, natural learning processes, computer vision, etc.) (“AI Technology”) and/or cryptocurrency and blockchain systems and assets (e.g., NFTs, bitcoin wallets, etc.) (“Blockchain Technology”);

(ii)  to create, generate, edit, reproduce, translate, copy, publicly perform, distribute, transmit, adapt, modify, create any simulations and/or derivative works of, and/or manipulate, any Triton IP & Data

(iii) to design, enable and/or otherwise be utilized for any AI Technology mimicking, replicating and/or simulating human appearance, thought processes, speech, emotions or actions; 

(iv) to extract, scrape, harvest or collect any Triton IP & Data for use in connection with AI Technology and/or Blockchain Technology or otherwise;

(v) to discover, reverse engineer, decompile, disassemble, or attempt to derive Triton IP & Data source code or algorithms; 

(vi) to process, collect, arrange or otherwise use Triton IP & Data into or in connection with datasets that are or may be used to train or otherwise in connection with AI Technology and/or Blockchain Technology; nor

(viii) otherwise in connection with any AI Technology and/or Blockchain Technology.

Generative AI Services

We may provide additional generative AI services (“GAIS”) on the Site or as part of the Services.   In this regard, you acknowledge and accept that:

(i) Our GAIS is experimental, unsupervised technology and may sometimes provide inaccurate or offensive content that does not represent Triton’s views;

(ii) information you provide to our GAIS may be used to continuously train the GAIS, including personal information in accordance with our Privacy Notice;

(iii) submission of confidential or proprietary information could be compromised if submitted to the GAIS;

(iv) our GAIS may at times reproduce copyrighted material used as training data in response to an inquiry, and care should be taken in copying and further distributing content created by any GAIS; and

(v) if you use the GAIS, you assume all responsibilities and obligations with respect to the results, any decisions or advice made or given, and any materials retrieved therefrom, including those to any third party, for the content, accuracy, and review of such results, and you should use discretion before relying on, publishing, or otherwise using content provided by the GAIS;

(vi) you will not rely on the GAIS for medical, legal, financial, or other professional advice, and any content regarding those topics is unintentional, provided for informational purposes only, and is not a substitute for advice from a qualified professional; and

(vii) you will not use, nor attempt to use, the GAIS to profile any individual nor to make an automated decision that has legal or significant effects upon any individuals.

Use of Intellectual Property 

The Triton Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Triton logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Triton or by other parties that have provided rights thereto to Triton. 

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, in whole or in part, without the express written permission of Triton except where and to the extent expressly permitted or required by applicable laws. 

Additionally, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this Triton Site, or frame this Triton Site, or any web page or material herein, nor may any entity include a link to any aspect of this Triton Site in an email for commercial purposes, without the express written permission of Triton. Further, unless otherwise expressly permitted, you agree not to link to Triton’s Intellectual Property so as to cause you or anyone else to access Triton’s Intellectual Property other than through this Triton Site. 

You may inquire about obtaining permission by writing: 

Triton Digital Canada Inc.

ATTN: Legal Department

1440 Ste. Catherine St. West, Suite 1200

Montreal, Quebec

H2G 1R8

Canada

Telephone: 1 800-939-9413

By Email: legal@tritondigital.com   

Copyright Infringement 

Triton respects the intellectual property rights of third parties, and complies with the Digital Millennium Copyright Act (DMCA) and international copyright and intellectual property laws regarding such rights. By submitting any material or photographs through this Triton Site, you are granting permission to have this material posted on this Triton Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Triton reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Triton may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below. 

Procedure for Making Claim of Copyright Infringement 

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof to our Designated Agent, who can be reached as follows: 

By mail: 

Ando Media, LLC dba Triton Digital

Attn: Designated Copyright Agent

20880 Stone Oak Pkwy

San Antonio, TX 78258

Telephone: 1 800-939-9413

By Facsimile: (818) 990 - 0930 

By Email: copyright@tritondigital.com  

In the United States, to be effective, the notification (a “Copyright Infringement Notice”) must include the following: 

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Triton to locate the material. 

(4) Information reasonably sufficient to permit Triton to contact the complaining party, such as an address, telephone number, and, if available, an email address. 

(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. 

If you fail to comply with all of the above requirements, your notification may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees), including under Section 512(f) of the Digital Millenium Copyright Act (“DMCA”).

It is our policy to disable and/or terminate, in appropriate circumstances, any user’s access to the Services and/or Account in the event of repeated infringing activity, and Triton reserves such rights.

Counter-Notification Procedures

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to the e-mail address listed above. The Counter-Notice must include substantially the following:

1. Your physical or electronic signature.
2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
3. Adequate and current information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
4. A statement by you, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

We may restore the removed content if the party filing the original Copyright Infringement Notice does not file a court action against you within ten (10) to fourteen (14) days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees), including under Section 512(f) of the DMCA.

If you have entered into an agreement with Triton, these Terms form part of and are incorporated into any agreement you have entered into with Triton. The Governing Law and Dispute Resolution provisions within the Master Services Agreement shall control.

Governing Law; Forum Selection; Venue

If you are using the Sites or Services in the United States, in the absence of any other agreement with Triton, you hereby agree that these Terms (and any claim or dispute arising in connection with these Terms) are governed by and shall be construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. You consent to the exclusive jurisdiction of the federal and state courts located in New York City, New York, United States, and waive any jurisdictional, venue, or inconvenient forum objections thereto.

If you are using the Sites or Services outside of the United States, in the absence of any other agreement with Triton, you hereby agree that these Terms (and any claim or dispute arising in connection with these Terms) shall be construed and interpreted according to the laws of the Province of Quebec and the Canadian Federal laws applicable therein. The courts of the province of Quebec or the federal courts of Canada situated therein, as applicable, shall have sole and exclusive jurisdiction over any action, claim, demand, proceeding or lawsuit whatsoever arising under or in relation to this Agreement or its subject matter. The Parties irrevocably agree, consent and submit themselves to the subject matter and personal jurisdiction of the courts of the Province of Quebec and of the federal courts of Canada situated therein for such purposes.

Dispute Resolution

We do not anticipate any dispute between you and Triton, however if a dispute should arise between you and Triton, we want to provide you with a resolution that is efficient and cost effective. We would like to resolve any disputes without the need for formal litigation. If any disputes arise, the parties will first attempt to resolve the dispute informally via good faith negotiation which shall include before initiating an action, you and Triton each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Ando Media, LLC dba Triton Digital, Attn: Legal Department, 20880 Stone Oak Pkwy, San Antonio, TX 78258 or (2) emailed to legal@tritondigital.com. You and Triton agree to also make reasonable attempts to resolve the dispute prior to commencing any legal action, including discussions over telephone or in person between you and Triton. Nothing in this section shall be deemed to prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, intellectual property rights, or other proprietary rights. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or Triton may initiate legal action, including the filing of a lawsuit. Failure to comply with this informal dispute resolution provision may result in the dismissal of any initiated litigation. 

Triton may transfer its rights and obligations under the Terms and/or Additional Terms (including Triton IP & Data) to a third party including, for example, if Triton engages in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of our assets.

If any provision of these Terms, or the application of them to any person or circumstances, is held invalid or unenforceable for any reason including, but not limited to, the class action waiver, warranty disclaimers and liability exclusions and limitations, then such provision shall be deemed stricken or superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms shall remain in full force and effect.

The failure of either party to insist upon strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

These Terms and Additional Terms do not confer any right, benefit or interest on any person who is not a party to them.

 Unless expressly provided otherwise, these Terms and any applicable Additional Terms are the entire agreement between you and Triton with respect to the use of the Triton Sites and the Services, and they shall not be modified except in writing, signed by an authorized representative of Triton.

If you have any questions concerning these Terms, you may send them by email to legal@tritondigital.com. You must send any official correspondence via postal mail to: 

Triton Digital Canada Inc.

ATTN: Legal Department

1440 Ste. Catherine St. West, Suite 1200

Montreal, Quebec

H2G 1R8

Canada