Last Updated: May 20, 2020
You represent and warrant that you are at least 16 years of age, or if you are ages 13 to 16 years of age, that you are visiting the Site under the supervision of a parent or guardian who has agreed to these Terms. Our Site is not intended for those under the age of 13.
1. INTELLECTUAL PROPERTY
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks, service marks and/or other intellectual properties (whether registered or unregistered) that is protected by applicable laws, and treaties of the United States and other countries, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site, MEGAFORMER or its licensors own all content on the Site, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, logos, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content. You may not use, modify, copy, republish, duplicate, distribute, upload, download, post, transmit, frame, or use any of the contents or materials on this Site without MEGAFORMER express prior written consent, to be withheld or given in our sole and absolute discretion. You may not store electronically any significant portion of any Content from this Site. All rights not expressly granted are reserved. You acknowledge and agree that the content on this Site constitutes valuable intellectual property and proprietary information of MEGAFORMER or its licensors and content providers and that you acquire no ownership interest by accessing or using the Site or the content. You agree to comply with all applicable copyright and trademark laws.
For permission to use content from this Site or from marketing material authored and distributed by MEGAFORMER, you must request written permission in advance and provide full attribution. Permission should be requested by contacting email@example.com.
2. PERSONAL USE
Your use of the contents and materials included on this Site is for informational purposes and personal use only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to MEGAFORMER, and that in the event of an unauthorized use MEGAFORMER shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.
3. SUBMISSIONS AND USE OF THIS SITE
MEGAFORMER does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when MEGAFORMER products or marketing strategies might seem similar to ideas submitted to MEGAFORMER. So, please do not send your unsolicited ideas to MEGAFORMER or anyone at MEGAFORMER.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of MEGAFORMER without compensation to you or any other person or party and MEGAFORMER will have the immediate right to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such submission, and to grant and authorize sublicenses of the foregoing, without any payment to you; (2) MEGAFORMER will consider the submission to be non-confidential and non-proprietary; (3) MEGAFORMER shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) MEGAFORMER may use or redistribute the submission or its content for any purpose and in any way it chooses; (5) the submission does not contain trade secrets or proprietary information owned by another and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (6) you have all requisite rights to, and are authorized to disclose, all of the information contained in the submission; and (7) you are fully responsible for any submission you make and for the legality, reliability, appropriateness, and originality thereof. You agree to execute any documents required by MEGAFORMER to confirm such rights.
In addition to the rights applicable to any submitted material, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, in connection with such review, comment or other content. We may, but shall not be obligated to, remove or edit any submitted material (including comments or reviews) for any reason.
4. LIMITATIONS & PROHIBITED ACTIVITIES
(a) You will not introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site;
(b) You will not distribute, publish, transmit, modify, display or create derivative works from or exploit any of the Content available on this Site in any way;
(c) You will not post or submit anything to this Site that may violate any rights of any third party, including any copyright, trademark, privacy or other personal or proprietary right(s);
(d) You will follow all of these Terms, as well as all applicable laws, rules and regulations, and will not engage in or encourage conduct that may give rise to civil liability or violate any law;
(e) You will only provide truthful, complete and accurate information;
(f) You will not impersonate or misrepresent your affiliation with another person or entity;
(g) You will not harass, threaten, or abuse any other person when using this Site in any manner;
(h) You will not access, intercept, monitor, damage, or modify any data not intended for you or log into a server or account that you are not authorized to access;
(i) You will not attempt to probe, scan or test the vulnerability of MEGAFORMER systems or network or breach the security or authentication measures without proper authorization;
(j) You will not access this Site with any data extraction, scraping, mining, or other data gathering tools, or otherwise scrape, collect, store, or use any Content from this Site;
(k) You will not interfere with or disrupt this Site, or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site; and
(l) You will not e-mail, transmit, or otherwise transfer to or through this Site any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, distasteful, or otherwise objectionable; violates, or encourages any conduct that would violate, any appliable law or regulation or would give rise to civil or criminal liability; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
We and our third-party partners reserve the right to restrict or block access to the Services for any reason or no reason.
You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of the Terms, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the Services (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.
5. PRODUCT SALES AND AVAILABILITY
MEGAFORMER reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Site.
6. LINKS TO OTHER SITES
MEGAFORMER may provide links from or to other websites maintained by third parties (“Linked Sites”) that are not under the control of MEGAFORMER. MEGAFORMER has not reviewed or endorsed these Linked Sites, and you hereby acknowledge and agree that we shall not be responsible for the content, reliability, nature, products, services, availability, advertising, information or use of user information or other materials offered on any of the Linked Sites. The appearance of Linked Sites on this Site does not imply our support or endorsement. When you visit the Linked Sites, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You access linked sites at your own risk. In no event shall MEGAFORMER be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through any of the Linked Sites, and you agree to indemnify us from and against any claims incurred as the result of any such dealings. You should direct any concerns to the administrator or Webmaster of any such Linked Site. MEGAFORMER reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from this Site and/or introduce different features or links to different users.
7. THIRD PARTY ADVERTISEMENTS AND PROMOTIONS
MEGAFORMER may display advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. MEGAFORMER is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such third-party information on the Site.
8. MODIFICATIONS TO THE SITE
MEGAFORMER reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that MEGAFORMER will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
9. COPYRIGHT POLICY
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to:
THE MEGAFORMER STUDIO INC.
Attention: DANIELLE LAGREE
375 N LA CIENEGA BLVD #2
LOS ANGELES CA 90048
or by email to: firstname.lastname@example.org.
In accordance with the Digital Millennium Copyright Act (“DMCA”), please include the following information in your written notice: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. While MEGAFORMER considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing.
10. TERMINATION OF ACCESS
MEGAFORMER reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and MEGAFORMER, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, MEGAFORMER will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of the Site’s content will remain in full force.
You agree to indemnify, defend and hold harmless MEGAFORMER, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your access to and use of this Site or the Services, (ii) your violation of these Terms, (iii) your violation of any rights of any third party, including any copyright, trademark, trade secret, or privacy right, or (iv) your conduct in connection with the Site.
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. MEGAFORMER MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS SITE. WITHOUT LIMITATION, MEGAFORMER MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS TO THE FULLEST EXTENT UNDER PERMITTED LAW ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, EXPECTATIONS OF PRIVACY, AND/OR NON-INFRINGEMENT.
MEGAFORMER does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if MEGAFORMER is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
13. LIMITATION OF LIABILITY
MEGAFORMER (OR ITS OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, AGENTS, AND EMPLOYEES) WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. MEGAFORMER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF MEGAFORMER IS NEGLIGENT OR IF MEGAFORMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL MEGAFORMER BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. MEGAFORMER TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
WITHOUT LIMITING ANY OF THE FOREGOING, IF MEGAFORMER IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT, IN ANY CALENDAR YEAR, EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR USE OF THE SITE OR $100. Any claim or cause of action you may have with respect to this Site, including without limitation your ability to access or use this Site, must be commenced within one (1) year after the claim or cause of action arose.
These disclaimers and limitations do not limit liability that cannot be excluded under the law.
Except with respect to principles of conflicts of laws, any dispute arising from these Terms or from any other use of this Site shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
Failure or delay by MEGAFORMER to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by MEGAFORMER of any provision shall be deemed to have been made unless made in writing.