TERMS AND CONDITIONS

TERMS AND CONDITIONS

(Last Revised: May 4, 2016)

 

The following Terms and Conditions ("Terms and Conditions"), set forth the terms and conditions which shall govern the relationship between Megarray Media Corp., its subsidiaries, affiliates and agencies (collectively "Megarray or Service Provider") and you as a subscriber ("You" or “Your”) using the intelligent content syndication services (the “Service”) offered through the Megarray Service located at www.megarray.com (the “Site”). You agree to use the Site, the Service and any additional products and/or services offered by Megarray only in accordance with the Terms and Conditions. Megarray reserves the right to make changes to the Site, the Service and the Terms and Conditions at any time and without prior notification.

The latest Terms and Conditions will be posted on the Site. Your continued use of the Site and/or the Service after any such modification thereof shall constitute Your consent to such modification. Therefore, You should regularly check the Site for updates and/or changes. For purposes of the Terms and Conditions “Subscriber” includes the individual, company or entity and, without limitation, any parent entities, owners, subsidiaries, publishers, predecessor or successor entities, and any agents, officers, directors or employees acting on behalf of same, registering with Megarray to use the Service. If You do not agree to the Terms and Conditions in its entirety, You are not authorized to: (a) register as a Subscriber; (b) use the Service; and/or (c) use the Site, in any manner or form whatsoever.

1. ADULT USE ONLY

The Service is intended for Adult use only. All Users must be 13 years or older to access and use the Service. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Megarray will never knowingly solicit nor will it accept personally identifiable information from Users known to be under thirteen (13) years of age.

2. ACCOUNT SECURITY and SERVICE USAGE.

Megarray is not responsible for maintaining the security of your username and password. It is your responsibility to notify Megarray if you believe your username or password have been compromised or used in an unauthorized manner. Megarray assumes no responsibility, liability or obligations for any loss or damage to resulting from your failure to comply with the security of your username and/or password. You are responsible for all activity and usage of the Service and for all content created on, posted to or accessed under your username and password. You agree not to share your username and password with other people.

3. ACCURATE USER INFORMATION

You must provide a name, valid email address and other information necessary to register with the Service. You agree to provide true and accurate information to register with the Service. You agree not to impersonate any person or entity or a false identity or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services.

Megarray reserves the right to terminate your use of the Services upon the discovery that the information you provided is not complete or accurate.

4. COMPLIANCE WITH LAWS

You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; upload, post or transmit any materials through the Service that violate any applicable local, state, national or foreign law.

5. INTELLECTUAL PROPERTY

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Service Provider, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Service Provider. For information on requesting such permission, please contact us as described in Section 6.

6. REFUND POLICY / CANCELLATION

Due to the introductory pricing being offered for the Service, there will be no refunds given. Even if you purchase the Service and then choose to not use it, no refunds will be given. Although no refunds are available, you can cancel your account as follows: (1) If you have an account that was paid in full, you can cancel your account at any time by submitting a ticket to us as described in Section 10. (2) If you have an account that renews annually, you can cancel your account without any further payments being owed by submitting a ticket to us at least 20 days prior to your renewal date with a request to cancel. (3) If you have an account that renews monthly, you can cancel your account without any further payments being owed by submitting a ticket to us at least 5 business days prior to your renewal date with a request to cancel. Once you submit a cancellation ticket to us under either of these scenarios, you agree and understand that we have the right to delete all data associated with your account 30 days after the date you submitted the cancellation request.

7. THIRD PARTY REFERENCES / HYPERLINKS

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Service Provider, and you acknowledge that Service Provider is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

8. ABILITY TO ACCEPT TERMS AND CONDITIONS

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

9. RESTRICTIONS FOR THE SERVICE

A. You agree that the following actions are strictly prohibited and will result in immediate termination of the Service:

  • Any action that places an unreasonable burden on the server hosting the Service.
  • Any action that interferes with the running of this Service.
  • Any attempt to gain unauthorized access to any portion of the Service.
  • Submission of content about pornography, illegal activities of any kind, occult, hate, terrorism or racism.
  • Submission of content or usage of the Service in a way that violates the intellectual property rights of Company or third parties.
  • Submission of content that violates any state, federal, or other applicable laws.
  • Impersonating another individual or company in your usage or content submitted through the Service

B. Company reserves the right, in Company’s sole discretion, to terminate your account for a violation of these terms, or for any reason company deems appropriate.

C. Company also reserves the right to discontinue the Service at any time, with no notice or liability.

D. By using this Service, you will be prompted to submit login details about your accounts on various third party sites. Company cannot guarantee that the content you submit to third party sites using the Service will always be accepted by those services. In fact, it is possible that your usage of the Service can cause your account on a third party site to be suspended if your submission history violates their terms or triggers something that the third party site deems inappropriate. You therefore agree and understand that Company does not warrant that all third party sites will accept your content, or that the Service will provide any specific result or benefit.

CONTACTING US

If you need to contact us, you can submit a ticket at www.support.megarray.com

11. DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SERVICE PROVIDER OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SERVICE PROVIDER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

13. INDEMNIFICATION

Upon a request by Service Provider, you agree to defend, indemnify, and hold Service Provider and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your misuse of this site.

14. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Terms and Conditions constitutes the entire Terms and Conditions between you and Service Provider with respect to this site and supersedes all prior or contemporaneous communications between you and Service Provider with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

15. JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware. You hereby consent to binding arbitration in the State of Delaware to resolve any disputes arising under this Terms and Conditions.

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