TERMS AND CONDITIONS|
MHMGroup Inc (the "Company") offers a subscription membership via its network of websites. Prior to your acceptance of the Free Lifetime Membership offer or Free Bonus Week offer you must first read and agree to the terms and conditions for use (the â..Termsâ.) and the end-user license agreements below and any agreements that are displayed during the registration process (collectively, the â..Agreement(s)â.). These Terms and Agreement(s) are contracts that should be read in their entirety. BY CLICKING ON THE â..I AGREEâ. BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND AGREEMENTS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
Terms & Conditions
Subject to the following Terms and Conditions, you are purchasing access to our video library by purchasing a subscription to one of our authorized reseller websites. The URL of the reseller website and the billing descriptor will appear in the confirmation email that you will receive after you complete the membership registration process and your credit card has been approved and charged.
1. ACCEPTANCE OF TERMS.
Company provides its services to you subject to the following Terms of Service (the â..TOSâ.), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time by visiting Company and clicking on the â..Terms and Conditionsâ. link at the bottom of the page. We urge you to review the TOS each time you access a Company website. We reserve the right to amend the TOS at any time and without notice, and it is your responsibility to review the TOS for any changes. You understand and agree that your use of Company services following any amendment of the TOS will signify your assent to and acceptance of the revised TOS.
The resulting services are not intended for use by or available to persons under the age of 18 (or the legal age of majority in your state, if different) living in the United States. IF YOU ARE UNDER 18 YEARS OF AGE (OR THE LEGAL AGE OF MAJORITY IN YOUR STATE, IF DIFFERENT) AND LIVE IN THE UNITED STATES, YOU MAY NOT USE THE SERVICES.
3. DESCRIPTION OF SERVICE
Company provides users with branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the â..Serviceâ. or â..Servicesâ.). You understand and agree that the Service may include advertisements and that these advertisements are necessary for Company to provide the Service. You agree to receive emails from Company, such as service announcements and administrative messages, and that these communications are considered part of the Company membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new Company properties, shall be subject to the TOS.
You understand and agree that the Service is provided AS-IS and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and you understand and agree that such access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for payment of those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that certain areas on the Service contain adult or mature content. You must be at least 18 years of age (or the age of majority in your state, if different) to access and view such areas. Parental controls are available for use at your discretion.
4. YOUR OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Serviceâ..s age verification form (such information the â..Registration Dataâ.); (b) timely make all payments due to Company; and (c) maintain and promptly update the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your use of the Service and refuse any and all current or future use of the Service or any portion thereof.
Company is concerned about the safety and privacy of all its users, particularly children. For this reason, nobody under the legal age of majority is permitted to contract for the Service or Software, and by accepting the Software you are certifying that you will not permit anyone under the age of majority in your state to access the Service or Software without your knowledge and consent. By using the Service, you certify that you are the owner of, or are authorized by the owner to use, any device that you use to access the Service, you are at least the age of majority in your state, and that you are the legal guardian of the children who have access to your computer. You are solely responsible for controlling access to your computer system and the Internet via your computer system. Access may be controlled through a variety of security measures, including password protections and parental controls. Please contact your system manufacturer for more information about access controls.
5. COMPANY PRIVACY POLICIES
6. MEMBER CONDUCT
You agree to not use the Service to:
-harm minors in any way;
-interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
-intentionally or unintentionally violate any applicable local, state, national or international law. You further understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Company and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Company, and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneysâ.. fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. Your indemnification obligations will survive the TOS and your use of Company services.
9. NO RESALE OF SERVICE OR SOFTWARE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service or Software.
10. MODIFICATIONS TO SERVICE
Company offers a variety of services and Company retains the right at its discretion to make changes to the Services, including its fees and billing methods and the amount of time a user may access the Services for free or for a specified fee, or to discontinue some or all of the Services. NOTICE MAY BE LIMITED TO POSTING CHANGES ON THE COMPANY HOMEPAGE. Company retains the right to change, suspend or terminate your use of the Service at any time for any reason, without notice, and nothing herein shall be construed to limit that right.
11. CHARGES AND BILLING
By using the Company Services, you agree to accept the fees you may incur as a result of using Company Services, including but not limited to fees for supplemental services or features and purchases made through the use of Company Services. Subject to any applicable law, fees and charges for Company Services are non-refundable unless the pricing terms for the applicable Company Service expressly says otherwise. You will be notified of any applicable fees before you start incurring liability for such fees and, by providing your billing information, you agree that you are liable for payment of such fees.
Company reserves the right to change its fees or billing methods at any time. NOTICE MAY BE LIMITED TO POSTING CHANGES ON THE COMPANY HOMEPAGE. If you do not like these changes to the fees, billing methods, or the TOS, you may terminate the applicable Company Services on or after the date such changes go into effect, and as your sole and exclusive remedy you will be entitled to a pro-rata refund for amounts prepaid to cover future periods of the terminated Company Service(s) from the date of termination.
You must provide a valid method of payment (i.e. credit card, checking account, telephone billing, etc.) prior to and during any times you receive most billable Company Services and pricing plans. You expressly authorize Company (or third parties acting on behalf of Company) to charge all Company subscription fees and other charges, including payment transaction fees for certain payment methods, to the payment method you have designated. If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method, contact our customer service department at the link on Companyâ..s homepage or call the number that appears in the description of the charge on your credit card statement. Some fees that you may incur using the Company Services may accumulate on your Company account before they are charged to your designated payment method. Any billing problems or discrepancies must be brought to Companyâ..s attention by you within 90 days from the date you are billed. If you do not bring them to Companyâ..s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies with Company. Company may suspend or terminate your use of the Company Services if you fail to provide a valid designated payment method upon request or if Company is unable for any reason to bill charges to your designated payment method.
You are responsible for all fees and charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your account or payment method information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account.
YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY COMPANY AND BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE TO COMPANYâ..S CUSTOMER SUPPORT LINES. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS THE COMPANY SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER. BY ACCEPTING THE ACCESS NUMBERS DURING THE REGISTRATION PROCESS OR USING ACCESS NUMBERS YOU MAY OTHERWISE SELECT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL TELEPHONE CHARGES RELATED TO ACCESSING OUR SERVICES, AND COMPANY WILL NOT REIMBURSE YOU FOR ANY SUCH CHARGES, INCLUDING LONG DISTANCE OR TOLL CHARGES.
You may obtain pricing information for supplemental services or features, as well as answers to common billing questions, by going to the Company Site.
You agree that Company may, under certain circumstances and without prior notice, immediately terminate your Company account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements, or law; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, or (f) nonpayment of any fees owed by you in connection with the Services. Termination of your Company account includes (a) removal of access to all offerings within the Service; (b) deletion of your password and all related information, files and content associated with or inside your account; and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Companyâ..s sole discretion and that Company shall not be liable to you or any third party for any termination of your account or access to the Service.
13. DEALINGS WITH ADVERTISERS AND PROMOTERS
Company reserves the right to run advertisements and promotions via its Websites. By accepting the TOS, you agree that Company has the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising are subject to change and shall be determined in our sole discretion. Your business dealings with, or participation in promotions of, advertisers and promoters found on or through Companyâ..s Websites or the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or promoters on the Websites or on the Service.
The Service may provide, or third parties may provide, links to other Websites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. COMPANYâ..S PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. ANY WARRANTIES NOT COMPLETELY EXCLUDED ARE LIMITED IN SCOPE AND DURATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY LIABILITY NOT EXCLUDED IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to the Agreement(s).
20. PROPRIETARY INFORMATION
All materials of the Services or on the Sites, including but not limited to audio, images, software, text and video clips (collectively, the â..Contentâ.) are protected by copyright laws and international conventions. You cannot use the Content except as specified herein. You agree to follow all instructions on the Sites limiting the way you may use the Content.
Company logos, service marks, and product and service names are trademarks of Company (the â..Marksâ.). You agree not to display or use in any manner Company Marks without Companyâ..s prior written permission. There also are proprietary logos, service marks, and trademarks found on the Sites that belong to other corporations. By making them available on the Sites, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks.
Any unauthorized use of the Content or the Marks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
21. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Company and governs your use of the Service, superseding any prior agreements between you and Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, affiliate services or third-party content.
Governing Law. You agree that the TOS shall be construed and governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. In any legal action regarding the subject matter of the TOS, the prevailing party shall be entitled to recover, in addition to other relief granted, reasonable attorneysâ.. fees and expenses of litigation. Notwithstanding any other provision of the TOS, Company has the right to seek the remedy of specific performance of any term contained in the TOS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOS, or any combination thereof, in any court having jurisdiction thereof. Any disputes between Company and you arising out of or relating to the TOS, or the performance or breach thereof, to which disputes the parties cannot reach an amicable and mutually agreed conclusion, shall be determined by binding arbitration conducted in accordance with the Judicial Arbitration and Mediation Services (â..JAMSâ.) Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-6, not state law, will cover the arbitrability of disputes. The costs of arbitration, including arbitratorâ..s fees, shall be shared equally by the parties; provided, however, that each party will bear the cost of preparing and presenting its own claims and/or defenses (including its own attorneysâ.. fees). A single arbitrator engaged in the practice of law, who is knowledgeable about the subject matter of the TOS, will conduct the arbitration. The arbitrator shall be selected by JAMS. The arbitrator is bound to apply and enforce the terms of the TOS. The arbitratorâ..s decision will be final, binding, and enforceable in a court of competent jurisdiction. If a party is required to enforce compliance with this section of the TOS (including nonpayment of an award), then the non-complying party must reimburse all costs and expenses incurred by the party seeking such enforcement (including reasonable attorneysâ.. fees).
BY ENTERING THIS AGREEMENT YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO JUDICIAL DISCOVERY, TRIAL ON THE MERITS, BY EITHER JUDGE OR JURY, OR TRIAL DE NOVO AND THE RIGHT TO APPEAL.
Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a tribunal of competent jurisdiction to be invalid, unenforceable, or void, the parties nevertheless agree that the tribunal should endeavor to give effect to the partiesâ.. intentions as reflected in the provision, and that the other provisions of the TOS remain in full force and effect. Neither Companyâ..s failure nor delay in exercising, enforcing or taking action against you with respect to any of Companyâ..s rights or powers shall operate as a waiver of such powers or rights. No single or partial exercise by Company of any of its powers or rights will preclude Company from exercising such powers and rights in the future or from exercising other powers and rights.
No Right of Survivorship and Non-Transferability. You agree that your Company account is non-transferable and that any rights terminate upon your death.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
U.S. Government Restricted Rights Legend. The Software and any documentation provided are commercial in nature and have been developed exclusively at private expense. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7103 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights section at 48 C.F.R. 52.227-19, and any other successor regulations, as applicable.
Please report any violations of the TOS to our Customer Care group by clicking on our Customer Service link at the base of any Company Webpage.