Terms and Conditions of Use
Effective Date: 06/06/2025
1. Introduction and Acceptance of Terms
Welcome to truepointmedia.com (the "Website"). This Website is owned and operated by True Point Media Fund LTD ("True Point Media," "we," "us," or "our"). These Terms and Conditions of Use ("Terms") govern your access to and use of the Website and its content, services, and functionality.
Please read these Terms carefully. By accessing or using the Website, you confirm that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you are not authorized to use this Website.
For reference, our official business address is:
True Point Media Fund LTD
c/o The Winterbotham Trust Company Limited
Winterbotham Place, Marlborough & Queen Streets
P.O. Box N-3026
Nassau, New Providence, The Bahamas
2. Modification of Terms
We may update or modify these Terms at any time, at our sole discretion. If changes are made, we will post the revised Terms on this Website and update the “Effective Date” at the top of the page.
All changes will become effective immediately upon posting unless otherwise specified. Your continued use of the Website after any changes are posted constitutes your acceptance of those changes.
You are responsible for reviewing these Terms periodically to ensure that you are aware of any updates. If you do not agree with the modified Terms, you must stop using the Website.
3. License to Use the Website
Subject to your compliance with these Terms, True Point Media grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Website solely for your personal, non-commercial use or your internal business purposes.
This license does not grant you the right to use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, license, or otherwise commercially exploit any portion of the Website, except as expressly permitted by these Terms. You are not permitted to modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Website or any portion of it. You may not access or attempt to access the source code of the Website or remove, obscure, or alter any proprietary notices, disclaimers, or legal markings contained on or in the Website. Any unauthorized use of the Website or its content is strictly prohibited and constitutes a material breach of these Terms. We reserve the right to revoke your license and deny access at our sole discretion.
4. User Obligations and Conduct
By accessing or using the Website, you agree to comply with all applicable local, state, national, and international laws, regulations, and guidelines. You are solely responsible for your actions and the consequences arising from your use of the Website.
You agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other person’s use and enjoyment of the Website. You also agree not to attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means.
You further agree to ensure that any information you provide through the Website is accurate, current, complete, and not misleading. You must not use the Website for any fraudulent, unlawful, defamatory, harassing, or abusive purpose, nor in a way that infringes on the rights of others or violates applicable laws.
5. Intellectual Property Rights
The contents of the Website, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, computer code (including HTML code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of the Website (collectively, "Material") are owned, controlled, and licensed by True Point Media or its licensors and are protected by copyright, trademark, and other intellectual property laws.
Any rights granted herein are expressly licensed. True Point Media does not transfer or assign any ownership or intellectual property interest or title in or to the Website or any Material to you or anyone else. Unauthorized use of the Material may violate intellectual property or other proprietary rights laws. You must not alter, delete, or conceal any copyright or other notices contained on the Website or Material. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party, or otherwise use, any Material without the express prior written consent of True Point Media or its owner if True Point Media is not the owner.
"True Point Media" and all other names, logos, and icons identifying True Point Media and its products and services are proprietary trademarks of True Point Media (or its affiliates), and any use of such marks without the express written permission of True Point Media is strictly prohibited. Other product and company names mentioned on the Website may be the trademarks and/or service marks of their respective owners.
6. Privacy Policy
Our Privacy Policy governs the collection, use, and disclosure of your personal information. By using this Website, you consent to the practices described in our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy for more information.
7. Affiliate or Advertising Programs (If Applicable)
True Point Media may offer affiliate programs or allow advertisers on its Website. If you choose to participate in such programs, you may be required to agree to separate terms and conditions or agreements specific to those programs (e.g., an Affiliate Agreement or Advertiser Agreement). In the event of any conflict between these Terms and the specific terms of an Affiliate or Advertiser Agreement, the terms of the Affiliate or Advertiser Agreement shall govern with respect to your participation in that program. True Point Media does not control and is not responsible for the terms or content of third-party offerings or marketing activities that may appear on the Website.
8. User Representations and Warranties
By accessing or using the Website, you represent and warrant that you are at least the legal age of majority in your jurisdiction, that you have the legal authority to enter into and be bound by these Terms, and that your use of the Website will comply with all applicable laws, regulations, and third-party rights.
You further represent and warrant that any information you provide to True Point Media through the Website is and will remain true, accurate, current, and complete. You agree not to use the Website or its content for any purpose that is unlawful, unauthorized, or inconsistent with these Terms. You also warrant that your use of the Website will not infringe or violate the rights of True Point Media or any third party, including intellectual property, privacy, or contractual rights.
9. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, MATERIALS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUE POINT MEDIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
TRUE POINT MEDIA DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE AND ANY RELIANCE ON ITS CONTENT IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUE POINT MEDIA OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUE POINT MEDIA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TRUE POINT MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, THE TOTAL LIABILITY OF TRUE POINT MEDIA FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS WEBSITE, RESULTS FROM USE OF THIS WEBSITE, OR FOR ANY CLAIMS RELATING TO THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID US, IF ANY, FOR USING OUR SERVICES. THIS LIMITATION APPLIES NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend, and hold harmless True Point Media, its affiliates, licensors, service providers, and each of their respective officers, directors, employees, contractors, and agents (collectively, the “Indemnified Parties”) from and against any and all third-party claims, actions, demands, proceedings, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to: (a) your use of or access to the Website or any services or content made available through it; (b) your violation of these Terms or any applicable law, rule, or regulation; (c) any content, data, or material you submit, post, transmit, or otherwise make available through the Website; or (d) your infringement or misappropriation of any intellectual property or other rights of a third party.
True Point Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with True Point Media in defending any such claim and shall not settle any matter without the prior written consent of True Point Media. This indemnification obligation shall survive the termination of these Terms and your use of the Website.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of The Bahamas, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or any services provided through the Website, including the formation, interpretation, breach, termination, or validity thereof, shall be resolved exclusively and finally by binding arbitration. Unless otherwise agreed in writing, the arbitration shall be conducted in Nassau, The Bahamas, in the English language, and in accordance with the rules of the Bahamas International Arbitration Centre or such other arbitration rules as may be agreed upon by the parties. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TRUE POINT MEDIA AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
Nothing in this section shall prevent either party from seeking temporary or permanent injunctive relief or other equitable remedies in a court of competent jurisdiction to protect its rights or property.
13. Termination
True Point Media reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Website, with or without notice, for any reason, including, without limitation, if True Point Media believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You acknowledge and agree that True Point Media shall not be liable to you or any third party for any termination of your access to the Website.
Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and governing law/dispute resolution provisions.
14. Electronic Communications and Signatures
By using the Website or communicating with us through electronic means, you consent to receive communications from True Point Media electronically. We may communicate with you via email, by posting notices on the Website, or through other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where applicable, by clicking buttons labeled “I Agree,” “Accept,” “Submit,” or similar terms, you acknowledge and agree that such actions constitute your electronic signature and signify your intent to be bound by these Terms and to enter into a legally binding agreement.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional legal notices published on the Website, constitute the entire agreement between you and True Point Media with respect to the subject matter herein. They supersede all prior or contemporaneous communications, proposals, or understandings, whether written or oral.
15.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable. If modification is not possible, it shall be deemed severed, and the remaining provisions shall continue in full force and effect.
15.3 No Waiver
No failure or delay by True Point Media in exercising any right, power, or remedy shall operate as a waiver. Any waiver must be in writing and signed by an authorized representative of True Point Media.
15.4 Assignment
You may not assign, delegate, or transfer these Terms or any of your rights or obligations without prior written consent from True Point Media. Any attempted assignment without such consent shall be null and void. True Point Media may freely assign or transfer its rights and obligations under these Terms without restriction.
15.5 Independent Relationship
Nothing in these Terms shall be construed to create any agency, partnership, joint venture, employment, or fiduciary relationship between you and True Point Media. Each party acts independently and not as an agent for the other.
15.6 Force Majeure
True Point Media shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, internet outages, war, terrorism, civil unrest, labor disputes, technical failures, or governmental actions.
15.7 Interpretation
These Terms shall be interpreted fairly and not strictly for or against either party, regardless of authorship. No presumption shall arise based on which party drafted any particular provision.
15.8 Governing Language
If these Terms are translated into another language, the English version shall govern in the event of any conflict or inconsistency between versions.
15.9 Headings
The section titles and headings in these Terms are for convenience only and shall have no legal or contractual effect.
16. Contact Us
If you have any questions, comments, or concerns regarding these Terms or our services, please contact us at:
True Point Media Fund LTD C/O: The Winterbotham Trust Company Limited Winterbotham Place Marlborough & Queen Streets PO Box N-3026 Nassau, The Bahamas
Email: info@truepointmedia.com