Terms & Conditions
MDI may periodically modify the Terms without notice. Changes to the Terms will be effective (a) 30 days after MDI provides you with email notice of the changes or (b) the date on which they are posted on the Site. If you do not agree to any change to the Terms, you must cease use of the Site. Your continued access and use of any of the Site signifies your acceptance of the Terms as modified.
MDI may terminate your use of the Site and its contract with you if you do not comply with these Terms.
ANY DISPUTE BETWEEN YOU AND MDI MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AS MORE FULLY DESCRIBED BELOW.
MDI Products and Services
The Site provides you with the ability to access various MDI content, services, and products, including MDI digital media, software, and customized services and products.
From the Site you can vote for certain individuals to take pay cuts, provide reviews and rants of certain individuals, and participate in bringing exposure to certain individuals that earn substantially more income than the regular person. All of the content, services, and products accessible through the Site are for your personal, non-commercial use only and your access to and use of them are subject to these Terms.
Some of the features of the Site require you to create a user profile or user account and some require you to pay a fee. MDI will notify you when and or if this is required. In addition, when you access the Site through a mobile network, your mobile network provider’s messaging, data and other fees may apply.
Third Party Products/Services and Websites
In addition to MDI content, services, and products, the Site may provide you with the ability to access products, content, and services offered by or maintained by third parties. In some cases these may be accessible directly through the Site. In others, access may be via links from the Site to third party websites. Regardless, MDI is not responsible for the products, content or services available from third parties – even if they are provided through the Site – or for how third party sites are managed or the terms applicable to your use of them. Your access to and use of these third party materials and websites is governed by the terms established by their owners/operators. You are responsible for reading those terms before you access or use the third party products or websites. MDI accepts no responsibility for any third party materials or websites or for any losses or damages that may arise from your use of them. If you decide to access or use any third party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release MDI from all claims associated with them.
Proprietary Rights and License
All of the content, services, and products available through the Site are protected by copyright owned by MDI or its licensors or licensees. This includes all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, and any other material or information published on or used in connection with the Site (collectively, the “Site Content”). Similarly all trademarks, service marks, trade names, trade dress and other indicia identifying the Site, MDI or the products or services available through the Site (“Marks”) are owned by MDI or it licensors or licensees. You do not obtain any rights in any of the products, content, or services available on the Site or other Site Content or the Marks by your use of the Site or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use them as provided below. All rights in the content, services, and products and other Site Content and Marks are reserved to their respective owners.
Subject to these Terms, MDI grants you a personal, non-transferable, and non-exclusive limited license to access and use the Site for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Site as needed for you to view them through your browser and (b) print screen shots of content, services, products and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. MDI may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the Site or the Site Content.
In addition to the above license, some content, services, products may have their own license terms. For example, digital media from social media campaigns may have their own license terms which are in addition to these Terms.
As above, the license granted to you by MDI is limited. It is also subject to certain restrictions. Unless MDI give you express written authority, you may not (a) resell any of content, services, products or any other Site Content (or any portion thereof) on the Site; (b) distribute, publicly perform, or publicly display any of the above; or (c) modify or make any derivative uses of the Site or the Site Content (or any portion thereof).
In addition, under no case are you permitted to:
- use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any Site Content or other content or information used by the Site;
- violate the restrictions in any robot exclusion headers on the Site or circumvent any other measures used to prevent or limit access to the Site;
- take any action that imposes, or may impose, in MDI’s sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- engage in deep-linking to any portion of the Site for any purpose;
- “frame”, “mirror” or otherwise incorporate any part of the Site into any other web site;
- use the Site or the Site Content other than for their intended purpose;
- post content to the Site in violation of the Terms; or
- violate any of the Community Guidelines;
Any use of the Site or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of MDI’s intellectual property and other proprietary rights and a violation of applicable law.
Creating an Account
MDI offers a variety of content, services, and products through the Site. Some of these are available without charge and others require you to pay a fee. MDI will notify you in advance if a fee is required.
However, some of the features available through the Site require you to set up an account (“User Account”) to access them. If you already have a MDI User Account, you may be able to use that rather than create new account. When you set up a User Account, you will be asked to provide certain information about yourself, including your name, email address, and other information. You will also be asked to select a unique password for your Account, and you agree that you are solely responsible for maintaining the confidentiality of the password. You may use your Account to update, revise or delete your Registration Data (as defined below); purchase content, services, and products; and otherwise manage your orders and use of and interaction with the Site. By registering for an Account, you agree (a) to provide accurate and current information about you as may be required during the registration process (“Registration Data”); (b) not to impersonate or misrepresent your affiliation with any person or entity or use another person’s username, password or other account information, or provide false details for a parent or guardian; (c) to maintain the security of your Account password and identification; (d) to maintain and promptly update the Registration Data, and any other information you provide to MDI, to keep it accurate and current; (d) to accept all risks of unauthorized access to the Registration Data and any other information you provide to MDI; and (e) to notify MDI immediately of any unauthorized use of your account or any other breach of security by emailing us at firstname.lastname@example.org.
By setting up an Account, you represent and warrant that:
- all the information you submit for your Account is true and accurate;
- you are at least 18 years of age;
- you have reviewed these Terms; and
- you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with them.
MDI may suspend or terminate your Account at any time, for any reason, and without advance notice at MDI’s sole discretion and without any liability to you. If MDI suspends or terminates your Account or this agreement, you understand and agree that (except as otherwise expressly provided) you shall receive no refund or exchange for any votes, unused subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.
Purchasing MDI Content, Services, and Products
Some of the Site requires you to set up a User Account in order to purchase related MDI content, services, and products.
All purchases from the Site and from MDI.com are subject to these Terms, including MDI’s policies for cancellations, replacements, subscriptions and auto-renewal, shipping, pricing, and payments all of which are located at: overpaidboss.com/terms. In addition, some purchases are subject to individual purchase terms and instructions, which are listed on the applicable service or product page(s). Before making any purchase, you should be sure to read the Terms AND the terms on the Site carefully. In the event of a conflict between the general purchase terms here and the individual purchase terms, the individual purchase terms will govern.
MDI attempts to ensure that the content, product and service descriptions, prices, and other information on the Site are as accurate as possible. However, MDI does not warrant or guarantee that any information on the Site is accurate, complete, or error-free, and MDI undertakes no commitment or obligation to update any content, product or service descriptions, or other information on the Site. MDI may at any time change the contents, product and service descriptions, or other information on the Site, and/or any aspect of the Site, without prior notice. MDI also reserves the right to limit quantities of any MDI product or service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at MDI’s sole discretion.
As to products and services that may be featured on the Site, MDI makes every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment. MDI cannot guarantee that your equipment will accurately display the details of the products and services.
By purchasing content, services, or products through the Site, you agree to comply with all of the Terms. You also represent that you are 18 years of age or older. If a purchase is made by a minor, MDI is under no obligation to offer a refund but may do so at its discretion.
- Digital Content and Virtual Items
Some of the Site makes available digital content for download (social media content) as well as virtual items (Avatars, Badges, etc.) for use within the Site. When you purchase these items you are purchasing a limited access license to use them. This license gives you the right to download the content (or, in the case of virtual items, to access and use them within the Site) for your personal, non-commercial, use only and the license is not transferrable. The charge for the license may be in the form of a one-time license fee or it may be a recurring fee, depending on the item. MDI will advise you of the specific purchase terms before you complete the license purchase. Digital content may require specific software or hardware in order for you to use it and these requirements are noted on the Site in connection with those products. You are responsible for ensuring that you meet these software and hardware requirements. Digital content and virtual items may not be returned or refunded and virtual items may only be used within the Site, and we may modify or discontinue them at any time.
- Software and Apps
MDI may make software and mobile apps available for purchase from the Site or via links to app stores such as iTunes and Google Play. Like digital content, software and mobile apps are licensed, not sold, and may be available without purchase, for a one-time fee, or a recurring fee. MDI will advise you of the specific terms of the license and any fees prior to purchase. If software is provided to you on physical media, you will own the media on which it is provided, but MDI retains all intellectual property rights in the software itself. You are responsible for confirming that the device on which you will install software meets the software and hardware requirements necessary for you to use the software.
MDI also offers subscriptions for MDI content, services, and products. The terms for each subscription are different and MDI may change them without prior notice. Some of the subscriptions may be made available on a free-trial basis and others not. Similarly, some may be available for monthly, bi-monthly, quarterly, semi-annual or annual subscription fees. MDI will advise you of the terms applicable to each subscription prior to purchase.
Each of your MDI subscriptions will automatically renew unless you modify your settings after purchase. By signing up for a subscription, you agree that MDI may charge your payment method on a periodic basis as set forth at the time of your initial subscription. These charges and your subscription will continue until you cancel or modify your subscription. The renewal fee will be the same as that charged for the immediately prior renewal period, unless MDI notifies you of a rate change prior to your auto-renewal or if a coupon was used during initial sign-up. You may cancel a subscription by sending an email requesting cancellation to email@example.com or by visiting your “My Account” page for your subscription and modifying your preferences. MDI will cancel your subscription within 24 hours of our receipt of your request, at which time you will no longer receive the benefit of the subscription.
Social and Community Features
MDI may offer various community features on the Site, such as message or bulletin boards, review and rants boards, forums, and chat rooms. Access to these features may be subject to age restrictions. Unless otherwise expressly stated by MDI, we will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties through these social features, although MDI reserves the right to do so in its sole discretion. MDI does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you submit or post to the Site, you represent and warrant that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature, you agree that you shall not do any of the following in or through the Site:
Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any content, language or materials that are fraudulent, unlawful, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper, or that violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the S.E.C., and the F.C.C.) or that contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment;
Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Site that MDI may expressly designate for such purposes;
- Engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;
- Disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Site, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;
- Modify, obscure, or eliminate the MDI frame set, banner advertising, or any other content or information that originates from the Site;
- Promote, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or bodily injury, or promote any illegal act of cruelty to animals;
- Collect or harvest screen names, collect or store personal data about other users, or solicit or attempt to discover a user’s password, screen name, or other registration information without the user’s express knowledge and consent;
- Interfere with or disrupt the Site or any services or features thereon, or servers or networks connected to the Site, or violate any requirements, policies, regulations, or procedures of networks connected to the Site
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Provide links to websites, networks, content, or resources that themselves violate the letter or spirit of the Terms, or promote the violation of these Terms or make available tools or information whose primary use constitutes a violation of the letter or spirit of these Terms;
- Use your web pages or other personal features or areas of the Site as storage for remote loading or as a door or signpost to another web page, whether inside or outside the Site; or
- Interfere with the operation or design of any elements that MDI may add to users’ pages or other personal features or areas of the Site, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.
MDI reserves the right, in its sole discretion, to adopt and post additional rules in any social or community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. MDI also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings, messages or other content on the Site that violate these Terms and to deny access by any user to the Site.
NOTICE: The information and content you submit through a social feature, such as a bulletin board, may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them. If you elect to participate in a feature that enables you to correspond with other participants of the service, some of your account information and other materials that you provide, such as your username, may be shared with other participants. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Site or through these social features. Because of the anonymity provided by usernames, you may not know at all times with whom you are interacting through these features. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to MDI’s public or community features. ALSO, WHEN USING SUCH FEATURES, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE).
While using the social and community features on the Site, you may be exposed to content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content. MDI will not be liable, and disclaims all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through the Site, whether that content is posted to, downloaded from, or otherwise made available through the Site by MDI, you, another user, or any other third party.
MDI encourages you to report any suspected violations of these Terms or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our community services and other community features. You may contact MDI to report violations at firstname.lastname@example.org.
MDI reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms, including without limitation, removing the offending communication in whole or in part from the Site, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Site.
User Generated Content
MDI may allow you to submit, upload or otherwise make available text, images, audio, video, or other content (“User Generated Content”) through the Site. All submissions must comply with the rules above for Social and Community Features.
MDI does not claim ownership to your User Generated Content; however, you grant MDI a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with third-party Site and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold MDI and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of MDI copyrighted works, MDI grants you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to MDI of all rights in the work you create. If such rights are not assigned to MDI, your license to create derivative works using our copyrighted works shall be null and void.
Communications with MDI
MDI likes to hear from you. However, in your communications with MDI, please keep in mind that, unless we specifically request them, MDI does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way, and MDI does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to MDI via the Site, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the Site (collectively, “Your Submissions”) will be treated as non-confidential and nonproprietary, and MDI will not assume any responsibility, obligation, or liability for them or for MDI’s receipt or non-receipt of them. MDI may delete or destroy Your Submissions at any time. MDI’s receipt of Your Submissions is not an admission by MDI of their novelty, priority, or originality, and it does not impair MDI’s right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to MDI, you grant MDI a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by MDI under these Terms, do not and will not infringe any right of any third party.
By creating a User Account or sending e-mail to MDI, you consent to receive email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Site or otherwise, satisfy any legal requirement that such communications be in writing.
MDI reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the Site or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Site, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms to the full extent of the law, (e) delete or modify any content on the Site, including any materials or items you may have acquired through your use of the Site, and (f) discontinue any of the Site or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.
MDI has adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect highly sensitive information such as credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of personal information.
Notice to International Visitors
The Site and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
MDI makes no representation that the Site is appropriate or available for use beyond the United States of America. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Although MDI content, services, and products are available in many parts of the world, the Site may describe content, services, and products that are available only in the United States of America and are not available worldwide.
Banners, Advertisements and Promotions
MDI reserves the right to post banners, advertisements, promotions, and similar content throughout the Site. MDI may also allow advertisers and corporate partners to post content on the Site. This content may be targeted to users based on information they provide through use of the Site or other information. MDI does not control, endorse or adopt any such activity and we make no representation or warranties of any kind regarding it. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Site (including via the linked third-party Site) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). MDI disclaims all liability in connection with them.
Links to Other Sites
Contests and Promotions
Competitions that you enter through the Site may have supplemental rules and conditions, but the following general rules apply unless otherwise provided.
Your competition entry is User Generated Content and subject to all provisions of these Terms. MDI may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
MDI reserves the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice.
To enter a competition, you must have a valid User Account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry. MDI reserves the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
No cash or alternative prizes are available, except that MDI reserves the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred or sold by winners. All prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants MDI an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
MDI will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Site, then send MDI a notice that includes all of the following:
- a legend or subject line that says: “DMCA Copyright Infringement Notice”;
- a description of the copyrighted work that you claim has been infringed;
- the URL of the site and a description of where the material that you claim is infringing is located on that site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
- your electronic signature.
MDI will only receive DMCA notices by e-mail directed to MDI’s Designated Agent at: email@example.com.
MDI may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and MDI may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
Warranty Disclaimers and Waiver
THE SITE, AND ALL SITE CONTENT, MDI PRODUCTS AND SERVICES, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. MDI EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MDI ALSO DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITE AND INFORMATION THEREON. MDI FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY CONTENT ON THE SITE. FINALLY, MDI DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST MDI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITE, ANY CONTENT ON THE SITE, AND ANY MDI PRODUCTS AND/OR SERVICES, AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).
Limitation of Liability
MDI will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data, or costs of replacement goods) arising out of or relating to your use or inability to use the Site or resulting from use of or reliance on the information present, even if MDI may have been advised of the possibility of such damages. If you are dissatisfied with the Site, you do not agree with any part of these Terms, or you have any other dispute or claim with or against MDI with respect to these Terms or the Site, then your sole and exclusive remedy is to discontinue using the Site. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, MDI’s aggregate liability shall not exceed USD $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Without limiting any provision in the previous section, MDI shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of MDI’s obligations in relation to the MDI content, services, and/or products if the delay or failure was due to any cause beyond MDI’s reasonable control. Causes beyond MDI’s reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of MDI or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.
You agree to indemnify, defend and hold MDI, its officers, directors, employees, agents, licensors and suppliers harmless from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and costs, resulting from any violation of these Terms or any activity related to use of the Site by anyone using your User Account or password.
Binding Arbitration; Class Action Waiver
Except for matters relating to the enforcement of MDI’s intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Site, your participation in any of the features available through them and/or your purchase of any content, services, or products shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH MDI BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. You and MDI agree to arbitrate solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or MDI opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and MDI expressly waive the ability to participate in any class or representative litigation.
If a dispute arises that is subject to arbitration, you must give MDI written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If MDI does not resolve our dispute within forty-five (45) days after receiving your notice, you may pursue arbitration as below by sending a written demand for arbitration to MDI at the email address set forth above in “Copyright Claims.”
Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and MDI. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Seattle, Washington, unless otherwise agreed upon by you and MDI in writing. You and MDI will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.
You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to MDI at the email address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Washington law to any underlying claims as provided above). You agree the arbitration and other provisions of this section “Binding Arbitration; Class Action Waiver” survives any termination of these Terms.
The Terms shall survive termination of your agreement with MDI. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Last updated: June 12, 2019