Terms of Service

Ascend Media is raising the bar and setting the standard for the digital entertainment industry.

The following website is operated by AscendMediaCo, LLC, doing business as Ascend Media (“Ascend Media”): ascendmedia.gg and related websites, applications, and online properties (the “Website”). The terms “we,” “us,” and “our” in these Terms of Service refer to Ascend Media. Your use of this Website, including all information, tools and services available from the Website to you (the “Ascend Media Services” or “Service”), the user, is expressly conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website or using the features offered in Ascend Media Services, you agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including, without limitation, Ascend Media’s Privacy Policy. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, and/or merchants.

Please read these Terms of Service carefully before accessing or using the Ascend Media Services. If you do not agree to all the terms and conditions in these Terms of Service, then you may not access the Website or utilize the Ascend Media Services.

Any new features or tools which are added to the Ascend Media Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The Ascend Media Services do not include direct interactions between users.

Florida User Notice: We may share your personal information regarding your interaction with the Ascend Media Services with third-party service providers, only to the limited extent necessary to perform Ascend Media’s legitimate business and operational purposes. Please see our Privacy Policy for more details.

01Prohibited content and activities

By agreeing to these Terms of Service, you represent and warrant that you are fully able and competent to consent and agree to the Terms of Service and to abide by and comply with the Terms.

YOU MAY NOT ACCESS OR USE OUR SERVICES IF YOU ARE UNDER THE AGE OF 13. If you are between the ages of 13 and 18 (or the age of majority in your applicable jurisdiction, which in Florida is generally 18), you must get your parent’s or guardian’s permission to access or use our Services.

IF YOU ARE A PARENT OR GUARDIAN AND YOU CONSENT TO YOUR CHILD’S USE OF THE SERVICES, BY PROVIDING SUCH CONSENT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF YOUR CHILD’S USE OF THE SERVICES. YOUR CHILD CANNOT USE THE SERVICES WITHOUT YOUR CONSENT, SUPERVISION, INVOLVEMENT AND PERMISSION. IF YOU DO NOT AGREE TO CONSENT TO, AND SUPERVISE, YOUR CHILD’S USE OF THE SERVICES, YOU AND YOUR CHILD MAY NOT ACCESS OR USE THE SERVICES.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including the laws of the State of Florida, Orange County, Florida, and United States federal law. For example, you may not:

• Impersonate any person or falsely state or otherwise misrepresent your credentials, or affiliation with any person.
• Transmit any worms or viruses or any code of a destructive nature.
• Use our Website or Ascend Media Services to infringe third party rights.
• Solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, etc.
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Ascend Media Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
• Use or attempt to use another’s information, account, password, service, or system except as expressly permitted.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Ascend Media Services, use of the Ascend Media Services, or access to the Ascend Media Services or any contact on the Website through which the Ascend Media Services are provided, without express written permission by us.

Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities, including Florida and federal authorities, to prosecute users who violate the Terms. We may suspend or terminate your access to the Ascend Media Services for any or no reason at any time without notice, if allowed in your applicable jurisdiction. We shall provide notice of termination, legitimate reason for termination, and an opportunity to request a revision of the ban, if required by applicable law.

02Accuracy, completeness and timeliness of information

We are not responsible if information made available on the Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material in the Ascend Media Services is at your own risk.

This Website may contain certain historical information. Historical information is not necessarily current and is provided for your reference only.

03Modifications to the Website and Services

We reserve the right to modify the contents of the Website at any time. We further reserve the right at any time to modify or discontinue the Website and/or Ascend Media Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Website or Ascend Media Services.

We have the option, but not the obligation, to use reasonable means to verify the accuracy of information submitted by you in connection with your use of the Ascend Media Services, as determined by us in our sole discretion. We further have the option to offer various tiers of Ascend Media Services (as applicable), through which a user’s individual access and benefits may vary from other users’ access and benefits, as determined by us in our sole discretion, provided that (i) we will exercise good faith, reasonable discretion in doing so, and (ii) we will never discriminate on the basis of race, color, nationality, gender identity, sexual orientation, religious affiliation, veteran status, or other characteristic protected by Florida or United States federal law.

04Registration for certain services

You may be asked to register and/or provide us with personal information in connection with the Ascend Media Services. When you register or provide any information in connection with the Ascend Media Services, you agree to provide accurate, current, and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. Ascend Media has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. Certain features of the Ascend Media Services may require you to connect third-party social media accounts or grant additional authorizations, as described below.

05Connected social media accounts

To participate in some of our services, you must connect your social media accounts that you intend to use with the service’s respective website (each a “Connected Account”). For example, if you want to participate on the Website or in a campaign through Instagram, you’re required to connect your Instagram account to our Website through Instagram’s API. This may also apply to your YouTube, X (f/k/a Twitter), and TikTok accounts.

Via the respective social media platform’s APIs, Ascend Media collects personal information you post on the Connected Accounts, including content and comments. Ascend Media also collects your username, user ID, social media profile information, video data, media URLs, content views, engagement metrics, analytics data and other metrics, metadata, and actions on your Connected Accounts. We may also tell you about other information we must access through these APIs during the process of connecting your accounts.

You authorize Ascend Media to access, retrieve, store (if applicable), process, and display data from your Connected Account as necessary to provide the Website’s features. The foregoing is further discussed in our Privacy Policy.

By linking a Connected Account, you represent and warrant that you own or control the Connected Account and that you have the right to authorize our access and use consistent with these Terms and the third-party social media platform’s terms. You agree that failure to connect such accounts may result in suspension or removal from the Website, or may otherwise make you ineligible to use the Website.

You can revoke Ascend Media’s access to your Connected Accounts. To revoke Ascend Media’s access to a Connected Account, visit the relevant social media platform’s settings pages.

For YouTube specifically, you may revoke Ascend Media’s access to your YouTube Connected Account at any time by visiting the Google Security Settings page at myaccount.google.com/connections or by disconnecting your YouTube Connected Account directly within Ascend Media.

We access your Connected Accounts through APIs and under the applicable social media platform’s developer terms and policies. We are not affiliated with or endorsed by any of these social media account platforms or providers.

Please note that your use of our Website through a Connected Account may also subject you to the following terms, depending on the applicable platform (please note that the platforms change these pages from time to time): (i) YouTube Terms of Service; (ii) TikTok Terms of Service; (iii) Instagram Terms of Use; and (iv) X Terms of Service.

For information about how each of Google, Meta, X, and YouTube treats personal data when you use their services, please refer to these pages (please note that the platforms change these pages from time to time): (a) Google Privacy Policy; (b) Meta Privacy Policy; (c) TikTok Privacy Policy; and (d) X Privacy Policy.

You are responsible for any content you publish via a Connected Account through the Website. We may suspend or disable your ability to link or use Connected Accounts if we determine you or your account is in violation of these Terms, any third party provider terms, or applicable laws.

06Intellectual property

Certain areas of the Ascend Media Services may enable you to send emails or submit, transmit, upload, send, or otherwise provide (“Provide”) information to us. You remain fully responsible for the content and other materials that you provide to us or others in connection with the Ascend Media Services (“User Content”). You agree not to provide User Content that:

• Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property right of any person;
• Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually-explicit;
• Violates a person’s right to privacy or publicity;
• Contains advertising or a solicitation of any kind;
• Exploits, harms, personally attacks (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonates any person or entity;
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
• Transmits, stores, or otherwise makes available a virus, trojan horse, worm, time bomb, spyware, bot, or other harmful or deleterious programming routine;
• Transmits, stores, or otherwise makes available material which contains any material of a commercial nature, including but not limited to advertising, promotions, “junk mail,” “spam,” “pyramid schemes,” “chain letters,” or solicitation of any kind;
• Transmits, stores, or otherwise makes available material which is irrelevant to the subject matter of the Ascend Media Services;
• Contains epithets or other language or material intended to intimidate or to incite violence; or
• Violates any applicable local, state, national, or international law, including Florida law, Orange County, Florida ordinances, and United States federal law, or advocates illegal activity.

The Website does not currently allow any users to publicly publish User Content, and only allows User Content to be privately provided to Ascend Media. If the Ascend Media Services permit you to provide us User Content, you may only provide User Content that you have the right to provide. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your User Content, and, in the case of minors, also from their parents or legal guardians, as appropriate. Nothing herein shall be interpreted as obligating Ascend Media to allow you to submit User Content.

We also, to the extent permitted or required by law, have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Ascend Media Services constitutes a violation of the third party’s intellectual property rights, of the third party’s right to privacy, or of any other applicable local, state, national, or international law.

The Ascend Media Services may feature links which allow opportunities for you to transmit User Content via third party social networking websites and products (“Third Party Social Networking Features”). Any use of Third Party Social Networking Features is subject to the then current terms of use of the applicable third party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

By providing your User Content to us, you agree to these Terms. If you do not want to grant us permission to use your User Content in accordance with these Terms, please do not provide it to us on the Ascend Media Services.

The obligations that you have to us under these Terms shall survive termination of the Ascend Media Services, any use by you of the Ascend Media Services, any User Content on the Ascend Media Services, or these Terms.

You acknowledge that by submitting your User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and us or between you and any of our third-party providers other than as expressly set forth in these Terms. You acknowledge that we are not responsible for, and cannot and do not guarantee, the accuracy, completeness, or reliability of information in any User Content.

If you are under the age of 13, you may not provide any User Content to us or otherwise use the Website or Ascend Media Services. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable supplemental terms, you may provide User Content, but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur. See Section 1 for further details.

You may link to the Ascend Media Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exist and no link to the Ascend Media Services may be “framed” to the extent such frame contains any sponsorship, advertising, or commercial text or graphics. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the User Content standards described in these Terms.

07Cookies

The Website features one strictly necessary “cookie,” which holds your user session. This cookie DOES NOT track or log any user activity around the website. A “cookie” is a small bit of record-keeping information that many websites and other online products and services often store on a user’s computer or device in order to identify the device and/or its user and associate activity with it. The Website does not currently utilize any other cookies. The cookie is not used for marketing purposes, and is used only as necessary to operate the Website. When visiting the Properties you may have options to enable or disallow cookies, depending on where you are located. If you disable the cookie, you may not be able to access the full Ascend Media Services or Website.

08Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

09Third-party links

Certain content, products and services available via the Ascend Media Service may include materials from third-parties.

Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not associated with, do not endorse and are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Ascend Media Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Ascend Media Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order), subject to applicable Florida and United States federal law.

We undertake no obligation to update, amend or clarify information in the Ascend Media Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Ascend Media Service or on any related website, should be taken to indicate that all information in the Ascend Media Service or on any related website has been modified or updated.

11Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or local regulations, rules, laws, or ordinances, including those of the United States, the State of Florida, and Orange County, Florida; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit fraudulent, false or misleading information, including information related to your location; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Ascend Media Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Ascend Media Service or any related website for violating any of the prohibited uses or any of the provisions in these Terms of Service.

12Disclaimer of warranties; limitation of liability

13Indemnification

In addition to the other indemnification terms set forth herein, you agree to indemnify, defend and hold harmless Ascend Media, AscendMediaCo, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach or alleged breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

15Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

16Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Ascend Media Service constitutes the entire agreement and understanding between you and us and govern your use of the Ascend Media Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The Privacy Policy is incorporated herein by reference.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party (subject to any applicable Florida or United States federal law).

17Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida and applicable United States federal law, without regard to conflict-of-law principles. You agree that the exclusive venue for any dispute arising out of or relating to these Terms, the Website, or the Ascend Media Services shall be the state courts located in Orange County, Florida, or the United States District Court for the Middle District of Florida, Orlando Division, and you hereby consent to the personal jurisdiction of such courts.

18Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You acknowledge and accept the risks of changes to Terms of Service or the Ascend Media Services. You further agree that neither Ascend Media nor the Ascend Media Services are liable for any loss of value you may experience as a result of such changes.

19Contact information / DMCA notification

Questions about the Terms of Service should be sent to us at contact@ascendmedia.gg.

Ascend Media’s designated agent for notice of claims of copyright infringement under the federal Digital Millennium Copyright Act, 17 U.S.C. § 512, is:

To be effective, a DMCA notification must substantially comply with the requirements of 17 U.S.C. § 512(c)(3).