Terms of Service Agreement
1. Acceptance of Terms
mediafeedia.com is a service of Mediafeedia, Inc. ("MFI"). Thank you for using MFI's innovative platform that enables individuals, businesses and other organizations to easily manage their Facebook marketing initiatives. MFI provides the services of mediafeedia.com to you, subject to acceptance without modification of all of the terms and conditions ("Terms") contained herein and all other membership terms and conditions, advertiser terms and conditions and other operating rules, policies and procedures that may be published from time to time on this site by MFI (collectively the "Terms"). MFI reserves the right to modify the Terms from time to time without notice to you by posting notices on http://mediafeedia.com (the "Website" or the "Site"). You may review the most current version of our Terms at any time at the Website. You are responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon their first posting. Use of our Website or any services by you subsequent to such postings constitutes your acceptance of the Terms as modified.
mediafeedia.com is a Web-based dashboard to create, store, manage and publish online content including text content, multi-media and other rich content on Facebook and certain other popular social networking sites, blogs, and other online venues as may be permitted from time to time ("Services"). The Services are available to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation, other business entity or other type of organization. If you do not so qualify, do not attempt to register for or use the Services. MFI may refuse to offer the Services to any person or entity and may change its eligibility criteria, at any time, in its sole discretion. Facebook is a registered trademark of its owner, Facebook, Inc. Mediafeedia, Inc. is not affiliated with Facebook.
In order to use the Services, you must obtain access to the World Wide Web via devices that are capable of accessing Web-based content, and you are solely responsible for payment of any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer or other device capable of Web access of the Services.
You understand and agree that the Services are provided "as is" and on an "as available basis" that MFI assumes no responsibility for the accuracy, timeliness, deletion, mis-delivery or failure to store any information, data, software, music, sound, photographs, graphics, video, messages, tags and other material ("Content"), Member communications or personalization settings. You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. Registration Obligations
The Site is not intended for use by anyone not able to legally form binding contracts. If you are not able to legally form binding contracts, you may not use the Site, submit information about yourself to MFI or create or otherwise use a Member account. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by MFI's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MFI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MFI has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Additionally, you agree that if you provide false information to obtain access to the Services, MFI will be entitled to collect any actual, direct, indirect, consequential, incidental or other damages incurred by MFI resulting from such false information from you. MFI reserves the right to verify, from time to time, the accuracy of your identity, and any other information you supply. However, MFI cannot and does not guarantee the listed identity of any Member, or the accuracy of any information listed by any Member. It is your sole responsibility to conduct your own due diligence inquiry to confirm the identity or identities, and age or ages, of those with whom you intend to communicate or conduct any business.
You will receive access to Member areas of the Site via a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MFI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MFI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
5. User Conduct
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MFI, are entirely responsible for all Content that you upload, post or otherwise transmit via the Services. MFI does not control all the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to endorsements and commentary. You understand that by using the Services, you may be exposed to Content that is inaccurate, offensive, indecent or objectionable. Under no circumstances will MFI be liable in any way for any Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the MFI Services.
You agree to not use the Services to:
Upload, post or otherwise transmit any Content that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a MFI official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"Stalk" or otherwise harass another individual or entity;
Use the Site, Services or Materials for any fraudulent or unlawful purpose;
Exploit any person in a sexual or violent manner;
Express or imply that any statements you make are endorsed by MFI, without its prior written consent;
Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;
"Frame" or "mirror" any part of the Site without MFI's prior written authorization;
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its Contents. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file;
Interfere with or violate any other Site visitor's or Member's right to privacy or other rights; solicit personal information from anyone under 18; or harvest or collect information about Site visitors or Members without their express consent;
Post on or through the Site a photograph of another person without that person's consent.
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Materials;
Upload, host, post, email, transmit or otherwise make available "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited emails, SMS's, or "spam" messages;
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the MFI Services, including using any device, software or routine to bypass MFI's robot exclusion headers;
Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; or
Collect or store personal data about other users in connection with the prohibited conduct and activities set forth.
In addition, you agree that all hyperlinks and other offers comprising the Services (e.g., hyperlinks provided in connection with MFI's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available.
You acknowledge that MFI may or may not pre-screen Content, but that MFI and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove any Content that is available via the Services. Without limiting the foregoing, MFI and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MFI or submitted to MFI, including without limitation information in MFI Message Boards and in all other parts of the MFI Services.
You acknowledge, consent and agree that MFI may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of MFI, its Members and the public.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MFI and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
6. Coupons and Special Offers
If you as a Member of the Services offer coupons or specials to consumers with through the MFI platform, you represent and warrant that you have authority to make such an offer and promise to honor the terms of that offer as they are presented to the consumer through the MFI platform. Without limitation of other representations, warranties, and indemnities elsewhere within these Terms, you specifically agree to indemnify MFI against any claims by users of the Services that the terms of a coupon or other offered deal were not honored.
7. Content Submitted to MFI
MFI does not claim ownership and MFI does not control the Content placed on the MFI Site by its Members. Therefore, MFI is not in any way responsible for, and makes no warranty or representation herein to you or to any other user with respect to, the content of the Materials or Content posted on the Site by any person other than MFI, including without limitation, the source, accuracy, integrity, nature or quality thereof, or that such material is compliant with any law, standard, custom or practice. You understand that by using the Site, you may be exposed to content that is offensive, indecent or otherwise objectionable. YOU AGREE THAT YOU WILL NOT HOLD MFI RESPONSIBLE FOR OTHER USERS' ACTIONS OR INACTIONS, INCLUDING WITH RESPECT TO ANY CONTENT AND OTHER MATERIALS AND INFORMATION THEY POST ON OR SUBMIT TO THE SITE.
By uploading, submitting or otherwise disclosing or distributing content of any kind on the MFI Site or otherwise through the Services, you:
Grant to MFI, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas or know-how embodied therein and to incorporate such Content into other works in any format or medium now known or later developed;
Represent and warrant to MFI that you own or otherwise control all rights to such content and that disclosure and use of such content by MFI (including without limitation, publishing content at the MFI website) will not infringe or violate the rights of any third party; and
Acknowledge that the content may not be treated confidentially.
You agree not to provide MFI with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that MFI does not pre-screen Content, but that MFI and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Services. Without limiting the foregoing, MFI and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.
You agree to indemnify and hold MFI, and its subsidiaries, affiliates, officers, co-branders, partners, contractors, consultants, suppliers, customers, directors, shareholders, agents, co-branders or other partners and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Services, your connection to the Services, your violation of the Terms or your violation of any laws or the rights of a third party.
9. Global Nature of the Internet
Recognizing the global nature of the Internet, you agree to comply with all rules regarding online conduct and the use of this Website. 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. Use of the MFI Services and transfer, posting and uploading of software, technology, and other technical data via the MFI Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Services to parties identified on such lists; (b) agree not to use the Services for military, nuclear, missile, chemical or biological weaponry end-uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws. MFI makes no representation that materials on its Website are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited.
10. Violations, Errors, or Objectionable Content
MFI works to maintain a professional and wholesome, community-driven Website. Please alert us with respect to any violations of the Terms of Service by any user, and with respect to content available on the site that you believe is (i) incorrect; (ii) pornographic, obscene or offensive; or (iii) infringing your intellectual property rights; so that we may fix errors, and investigate violations and abuses, take action against offenders, and report illegal activity to authorities. Without limiting other remedies, MFI may limit, suspend or terminate its service and user accounts, prohibit access to its Website, remove hosted content, and take technical and legal steps to keep users off the Website if MFI has reason to believe users are creating problems, potential legal liabilities, or acting inconsistently with this Agreement or with the spirit of the Website.
11. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Services, use of the Services, or access to the Services.
12. Modifications of Service
MFI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MFI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that MFI, in its sole discretion may without prior notice, immediately terminate, limit your access to or suspend your MFI account, any associated email address, and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b)request's by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in MFI's sole discretion and that MFI shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the MFI Services. You also agree that MFI may remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if MFI believes that you have violated or acted inconsistently with the letter or spirit of the Terms. MFI may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that MFI may immediately deactivate or delete your MFI account and all related Content, other information and files in your MFI account including but not limited to your associated listings and advertisements and/or bar any further access to such files or the Services. Further, you agree that MFI shall not be liable to you or any third-party for any termination of your access to the Services.
The provisions of Sections 5 (User Conduct), 8 (Indemnity), 13 (Termination), 20 (Disclaimer of Warranties), 21 (Limitation of Liability), 24 (Trademarks and Copyrights), 25 (General Information and Governing Law), and shall survive termination of these Terms.
MFI may run advertisements and promotions on the Site. By creating your MFI account, you agree that MFI has the right to run such advertisements and promotions. The manner, mode and extent of advertising by MFI on your MFI account are subject to change in the sole discretion of MFI
Your correspondence or business dealings with, or participation in promotions of, other Members of the Services or advertisers on the Services platform, 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 such Member or advertiser. You agree that MFI shall 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 on the Services.
16. Billing and Cancellation (Paid Plans Only)
Free and paid service plans are available for mediafeedia.com accounts. Free plans are also subject to all of the terms of this agreement with the exception of minimum term and payment policies, as such accounts to do not require a minimum term contract nor payment. Users that select free accounts also hereby agree to permit MFI to place advertisements from third parties on various Web pages of the user's account.
From time to time MFI may offer promotions to enable a one-time free trial period for new users to try the features available with mediafeedia.com paid service plan type accounts. A user is eligible to participate in a free trial offer only once. Until the end of the trial period as provided in such promotions the user will not be obligated to any minimum term nor payment information however the user will be subject to all other terms and conditions of this agreement. Once the trial period has ended the user will be required to continue the service by accepting the free rate plan and its associated features or by providing MFI with a valid payment method and thus be required to also comply with minimum contract terms and payment policies as then in effect. Alternatively, the user may opt for a free rate plan service option pursuant to the terms and conditions of this Agreement.
Except as explicitly permitted by these Terms, the Member agrees to maintain service with MFI for the minimum term if applicable to the selected rate plan chosen by Member. Otherwise, in the absence of a minimum term requirement the Services are provided to Member on a month–to–month contract basis. The Member may cancel its account any time after the minimum term. All cancellation requests must be submitted through the Web form provided online via Member's MFI Dashboard or via the "Contact Us" section provided on the public area of the mediafeedia.com Website. To avoid charges for the next subsequent billing cycle, cancellation requests must be submitted by user no less than five (5) days prior to the end of the users current billing cycle.
Member agrees to abide by MFI's established rate plan requirements and conditions including but not limited to maximum fan count parameters imposed on certain of MFI's private brand services including mediafeedia™ PRO Plus and mediafeediaENTERPRISE rate plans. Violation of these parameters may result in the termination of service to Member for such plans. Mediafeedia™ PRO Plus allows a maximum fan count, at the time of account activation, of ten thousand fans per Facebook fan page utilizing the mediafeedia™ PRO Plus plan.
Member agrees to pay the associated account establishment fees, if applicable, and monthly fees agreed to at the time of Member subscription for each MFI service type purchased by Member. Monthly charges for the Services are billed in advance and are non-refundable. There will be no refunds or credits or pro rata usage for partial/fractional months of service. Monthly billing will begin on or about the 30th day after your account was originally created and continue every 30 days thereafter until the account is cancelled. This monthly fee gives the Member monthly access to the Services.
Member may cancel their account any time after the initial minimum term and understands that by cancelling Member forfeits usage of any content or applications created by MFI including but not limited to custom tabs on Facebook fan pages or on other third party social network pages, Member listings in third party search engines, MFI media libraries, and other MFI provided features or applications.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MFI has no control over such sites and resources, you acknowledge and agree that MFI 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 MFI 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.
18. MFI Proprietary Rights
You agree that all MFI-provided Content and Materials delivered via the Services or otherwise made available by MFI are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by MFI in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, reverse engineer, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at MFI's Website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from MFI's Website to create or compile, directly or indirectly, a collection, database or directory without written permission from MFI is prohibited.
Reproducing, copying or distributing any content, materials or design elements on the MFI website for any other purpose is strictly prohibited without the express prior written permission of MFI. Use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. Any rights not expressly granted herein are reserved.
19. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND ALL THE MATERIALS, INFORMATION, AND CONTENT ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MFI DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY AND PERFORMANCE OF THE SITE, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY MATERIALS PROVIDED THROUGH THE SITE.
MFI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSEES, LICENSORS, MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 MFI OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL MFI OR ANY OF ITS PRINCIPALS, OWNERS, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, CO-BRANDERS, PARTNERS, CONTRACTORS, CONSULTANTS, SUPPLIERS, CUSTOMERS, LICENSORS, LICENSEES AND OTHER AFFILIATES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING TO USE OF OR ACCESS TO THE SERVICES AND ANY PROPOSED TRANSACTION IN CONNECTION THEREWITH (INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH ENTITIES OR INDIVIDUALS FOUND ON OR THROUGH THE MFI WEBSITE), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IF MFI IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE LESSER OF (A) THE TOTAL FEES YOU PAID MFI IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) TWO HUNDRED FIFTY DOLLARS ($250.00). In the event that you have a dispute with one or more other users, you hereby release MFI, its principals, owners, parents, subsidiaries, officers, directors, shareholders, employees, representatives, agents, co-branders, partners, contractors, consultants, suppliers, customers, licensors, licensees and other affiliates from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, arising out of or in any way related to such disputes.
21. 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 19 AND 20 MAY NOT APPLY TO YOU.
MFI may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the MFI Website, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate the Terms by accessing the MFI Services in an unauthorized manner. Your agreement to the Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the MFI Services in an authorized manner.
23. Trademarks and Copyrights
24. General Information and Governing Law
The Terms constitute the entire agreement between you and MFI and govern your use of the Service, superseding any prior agreements between you and MFI (including, but not limited to, any prior versions of the Terms). These Terms and the Services contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with MFI's prior written consent. MFI may assign, transfer or delegate any of its rights and obligations hereunder without consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other MFI services, third-party content or third-party software. The Terms and the relationship between you and MFI shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. You and MFI agree to submit to the personal and exclusive jurisdiction of the courts located within Beaufort County, South Carolina.
The failure of MFI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 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 Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
25. Contact Us
Mediafeedia, Inc. 220A Brown's Cove Road Ridgeland, SC 29936
26. General Practices Regarding Use and Storage
You acknowledge that MFI may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that merchant reviews, messages, message board postings, blog entries or other uploaded Content will be retained by the Services, the maximum disk space that will be allotted on MFI's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that MFI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that MFI reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MFI reserves the right to modify these general practices and limits from time to time.