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TERMS OF USE

TERMS OF USE

www.mediajel.com

Welcome to the website of MedjiaJel, Inc.(“MediaJel”).  Unless specified otherwise by MediaJel for any website, these Terms of Use (these “Terms of Use“) contain the terms and conditions that govern your access to and use of MediaJel websites (the “Site” or “Sites,” including www.mediajel.com; all networked websites operated by MediaJel and its subsidiaries, and all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Sites (“Content“)).  This is an agreement between you or the entity you represent (“you“) and MediaJel, Inc., a Nevada corporation with offices located at 1475 N. Broadway, Suite 420, Walnut Creek, CA 94596 (together with our subsidiaries that may make any Sites available to you, “MediaJel“, “we,” “us,” or “our“).  MediaJel is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of these Terms of Use without modification.

BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time.  Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

USE OF SITE

You may access and use the Sites solely in accordance with these Terms of Use.  You will strictly adhere to all laws, rules, regulations and MediaJel policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence.  In addition you will not:

  • Access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any Site, including through the use of any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
  • Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password “mining” or any other illegitimate means.
  • Probe, scan or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.
  • Reverse look-up, trace or seek to trace any information on any other user of or visitor to any Site, or any other customer of MediaJel, including but not limited to personal identification or information.
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or MediaJel’s systems or networks, or any systems or networks connected to any Site or to MediaJel.  
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person’s use of any Site.
  • Distribute viruses or any other technologies that may harm MediaJel or the interests of property of any other person or entity, including any other user of any Site.  
  • Circumvent or manipulate our fee structure, the billing process or fees owed to MediaJel, its dealers or its business associates.
  • Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to MediaJel on or through any Site.
  • Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  • Use any Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MediaJel or others.

INTELLECTUAL PROPERTY RIGHTS

Except to the extent expressly provided in these Terms of Use under the heading “Grant of License”, you agree and acknowledge:

  • That MediaJel owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide (“Intellectual Property Rights“) in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content or contained on the Sites (“MediaJel IP“).
  • That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.
  • MediaJel owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to MediaJel IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights.  You will undertake any and all action necessary to vest such ownership in MediaJel, including without limitation assigning (and you hereby assign) to MediaJel all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.
  • No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without MediaJel’s express prior written consent.
  • That all marks that appear throughout the Sites and Content belong to MediaJel, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws.  Any use of any of such marks without the express written consent of MediaJel or the owner of the mark, as appropriate, is strictly prohibited.
  • MediaJel may, at its sole discretion, disable and terminate access to the Sites and Content by MediaJel persons or entity that may be infringing the Intellectual Property Rights of MediaJel or others.

GRANT OF LICENSE

MediaJel grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use.  You may not:

  • Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.
  • Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.
  • Reverse engineer, de‑compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.
  • Otherwise use or copy any Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.
  • Use any Site or Content in a “service bureau” or similar structure whereby third parties obtain use of any Site or Content through you.
  • Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with any Site or Content.

SUBMISSIONS

Do not use this Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with MediaJel applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to MediaJel for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to MediaJel, or postings on this Site, are non-confidential (subject to MediaJel’s Privacy Policy) and shall become the sole property of MediaJel. MediaJel shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  The submission of any materials to MediaJel, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

PRIVACY

By accessing or using any Site, you confirm that you have received a copy of the specific Privacy Policy applicable to such Site (available from the Site) and that you understand and agree that your personal information will be collected, shared, and otherwise processed in accordance with the Privacy Policy.

PRESS RELEASES

The Content contained within press releases issued by MediaJel should not be deemed accurate or current except as of the date the release was posted.  MediaJel has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

NO WARRANTIES

MEDIAJEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE ” MEDIAJEL PARTIES“) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEDIAJEL PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE.  NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY; REMEDY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE MEDIAJEL PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE ANY SITE OR CONTENT, EVEN IF MEDIAJEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES).  THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE 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 DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS.  IN NO EVENT SHALL MEDIAJEL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO MEDIAJEL WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages.  If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless each of the MediaJel Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights.  You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the MediaJel Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

TERMINATION

MediaJel, in its sole discretion, may terminate your username and password, if applicable, and your right to access or use the Sites and Content at any time for any reason.  The license granted herein will automatically terminate without further action of MediaJel if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein.  Upon the termination of these Terms of Use for any reason, you will cease all use of the Sites and Content   The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Contractual Statute of Limitations, and Choice of Law; Severability shall survive the termination of these Terms of Use.

UPDATING SITES

We reserve the right, in our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content.  As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software.  Unless otherwise explicitly stated by MediaJel, any new or enhanced versions of the Sites, Content and Services are subject to the terms of these Terms of Use.

LINKED SITES

The Sites may contain links to other independent third-party Web sites or resources (“Linked Sites“). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under MediaJel’s control, and MediaJel is not responsible for and does not endorse the content of such Linked Sites, including any MediaJel or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

CONTRACTUAL STATUTE OF LIMITATIONS

You agree that you will not assert against MediaJel any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.

CHOICE OF LAW; SEVERABILITY

These Terms of Use shall be governed by the laws of the State of California, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws).  Each party submits to the exclusive jurisdiction of the courts of that place.  If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties.  The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision.

We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access.  This site has been designed to comply with the laws of the State of California and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

ENTIRE AGREEMENT

These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user license agreement for any associated software, including mobile applications) constitutes the entire agreement between you and us with respect to the Sites and Content and supersedes and replaces all prior agreements.  The section titles in the Agreement are for convenience only and have no legal or contractual effect.  The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.

INQUIRIES

Should you have any questions concerning these Terms of Use, write to MediaJel, Inc., 1475 N. Broadway, Suite 420, Walnut Creek, CA 94596.