IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SERVICE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND MYCONTENT, INC. ("WE" "US") AND GOVERN YOUR ACCESS TO, AND USE OF THE MYCONTENT SERVICE LOCATED AT WWW.MYCONTENTNOW.COM AND ANY OF ITS SERVICES DOWNLOADED THROUGH THE OFFLINE PLAYER (THE "SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SERVICE AND/OR ANY INFORMATION CONTAINED ON THE SERVICE. YOUR USE OF THIS SERVICE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. MYCONTENT MAY MAKE CHANGES TO THE SERVICES OFFERED AT ANY TIME, AND MYCONTENT CAN CHANGE THESE TERMS AT ANY TIME. IF MYCONTENT CHANGES THESE TERMS, WE WILL POST A CHANGE NOTICE ON THE SERVICE AND WE MAY SEND REGISTERED SUBSCRIBERS AN EMAIL NOTICE OF THE CHANGE. YOUR CONTINUED USE OF THE SERVICE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS EVEN IF YOU HAVE NOT REVIEWED THEM.
General Use Restrictions
myContent develops content Campaign(s) and other services through the Service. Certain information, documents, products and services provided on and through the Service, including content, trademarks, logos, graphics and images that are not Campaign(s) (as defined below) (together, the "Materials") are provided to you by myContent and are the copyrighted work of myContent or which may be subject to third party license agreements. In addition, myContent may make certain applications available to you on the Service for use that may assist you in managing Campaign(s) (the "Software"). Any such Software is only made available for use under the terms of a limited, non-exclusive license to use the Software for the sole purpose of displaying Campaign(s).
During the term of these Terms, myContent grants you a limited, non-exclusive and non-transferable license to use and to display the myContent Signage Campaign(s) and use the dashboard services, solely for your business, entity, organization or partnership. This limited license terminates automatically, without notice to you, if you breach any of these Terms or upon termination of your subscription. Upon termination of this limited license, you agree to immediately return your media player and destroy any downloaded or printed Materials or Software. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Service, Signage Campaign(s), any Materials or the Software on any legal basis.
Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service'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 myContent has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, myContent has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
By using all or part of this Service, you consent to receiving electronic communications from myContent and its partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Service. These electronic communications are part of your relationship with myContent and you receive them as part of your use of the Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Password Restricted Areas of the Service
When a visitor to the Service registers to become a Subscriber ("Subscriber"), he or she will select an available user name ("Subscribership Name") and a corresponding user password ("Subscribership Password") to create a unique, personal account (a "Subscribership Account"). The Subscriber shall also be required to registering as an individual on behalf of a company or entity (and, if so, the name of the company or entity). You will need a Subscribership Password to login to the Service and use certain functions and areas within the Service ("Restricted Areas"). If you are an authorized Subscriber of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify myContent if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify myContent of any unauthorized use of your account or any other breach of security in relation to the Service known to you. You will not use other Subscribers' contact information gathered from Restricted Areas of the Service for commercial purposes and agree not to provide any other Subscriber's contact information to any third party that is not a Subscriber of myContent.
Subscription Pricing and Changes
When a Subscriber of the Services chooses to become a subscriber, he or she will choose a subscription plan type and enter additional data, including payment information within their Subscribership Account. With respect to Software or Services provided on a subscription basis, Subscriber agrees that myContent or myContent's authorized resale partner, as applicable, may from time to time either increase or decrease the fee(s) for all or any portion thereof, and that any such adjustment, when made by myContent or myContent's authorized resale partner, as applicable, shall apply effective as of the expiration of the then-current subscription term. If Subscriber objects to any fee change, Subscriber's sole remedy shall be to elect not to renew the Software or Service at the expiration of the then-current subscription term. Each subscription term begins on the day myContent receives full payment of the applicable fees from Subscriber or myContent's authorized resale partner, as applicable, and expires either 30 days, 6 months or 1 year later, depending on the subscription plan type selected in the applicable order. The subscription term will automatically renew for additional periods unless Subscriber elects not to renew on or before the expiration date. If Subscriber purchases additional subscriptions or Services, the subscription term for such additional Software or Services will be coterminous with the preexisting subscription term. The fee for any additional subscriptions purchased in the middle of a billing month will be charged in full for that billing month. Reductions will be effective at the end of the then-current term. No refunds or credit adjustments will be given. You acknowledge that myContent reserves the right to limit the total storage capacity for each subscription account. Furthermore, myContent, in its sole discretion, reserves the right to adjust the subscription price.
Payment method; Credit Card Authorization
You must provide myContent or myContent's authorized resale partner, as applicable, with valid credit card or approved purchase order information. myContent or myContent's authorized resale partner, as applicable, may require, and Subscriber agrees that such fees shall be paid by means of credit card payments or other forms of electronic funds transfers, and to implement measures enabling myContent or myContent's authorized resale partner, as applicable, to initiate such electronic funds transfers. If you are paying by credit card, only valid credit cards acceptable to myContent or myContent's authorized resale partner, as applicable, may be used by you to make payment, and all authorized refunds will be credited to the same card. Until all amounts due have been paid in full, you hereby authorize myContent or myContent's authorized resale partner, as applicable, to charge any credit card provided by you all amounts due under the Agreement from time to time, including without limitation, ongoing Subscription and installment and other payments, taxes, and additional fees. If the credit card cannot be verified, is invalid, is declined, or is not otherwise acceptable or if myContent does not receive payment from its authorized resale partner for your purchase or subscription, the Software and Services may be terminated, deferred, suspended, or cancelled by myContent without notice at myContent's discretion and myContent may generate invoices for payment. You agree to update your credit card information to keep it current at all times and that myContent or myContent's authorized resale partner, as applicable, may submit charges for processing even if the card appears to have expired. A credit card authorization form must be completed for all payments made by credit card. All prices are given and must be paid in the currency listed. All payment obligations are non-cancelable and all amounts paid are nonrefundable. Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable.
All fees are exclusive of all taxes, fees, levies, duties or similar charges arising out of or relating to the Agreement, and you shall be responsible for payment of all such taxes, fees, levies, duties or similar fees, excluding only taxes based solely on myContent's income.
Trial Period Offers
You may have received a complimentary trial Subscription to the Software or Service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, your trial period will automatically become active at the end of the trial term, and will remain active until you cancel.
Our 60-Day No-Obligation Trial Offer
We offer a no-obligation 60-day trial on all new subscription plans, including pre-paid plans. If, before the end of the 60 days, you cancel the subscription plan, you will be refunded any charges billed through your credit card for the services, including any setup charges or fees, provided the subscriber returns the signage player, loaned by myContent, with the subscription plan, and without damage, within 21-days after date of cancellation of the subscription. Once the signage player is returned to myContent, at the address provided by myContent, and without damage, any credit refund will be applied to the credit card account used to purchase the initial subscription. In the event the signage player is not returned within the 21 days, or if the signage player is physically damaged, the subscriber’s credit card will be charged $199.00 or the $199.00 will be deducted from any refund due under the 60-day trail offer. Only one Trial Offer per subscriber, business, entity, or partnership. If you are adding additional subscriptions plans, the additional subscription plans do not qualify for the 60-day trial offer.
You may acquire Credits only by purchase, by using credit or charge cards, online payment accounts, wire transfers or such means as then permitted by myContent, or by redeeming a special promotion. If you purchase any Credits using a credit or charge card or an online payment account, you represent and warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize myContent or myContent's authorized resale partner, as applicable, to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes. Credits are non-refundable.
myContent may, at any time, terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity as it relates to the Service for a period of 90 days. You may, at any time, terminate this Agreement by logging into your Subscribership Account on the Service and selecting to cancel your myContent account. In the event termination is by myContent, myContent shall notify you of such termination. myContent reserves the right, in its sole discretion, to terminate your Subscribership Account at any time, including, without limitation, deactivating your Subscribership Name and Subscribership Password.
Effect of Termination
Upon any termination of this Agreement:
(a) Your Subscribership Account shall be cancelled and closed and your Subscribership Name and Subscribership Password shall be deactivated;
(b) You Signage Player on loan with your subscription, must be returned to myContent.
(c) All Shared resource Items uploaded by you shall be removed from the Service; provided, however, that myContent may continue to use the Marketplace Item for internal archival and reference purposes;
(d) You shall forfeit all right, title and interest in and to any and all Credits; and
(e) myContent will permanently delete your Campaign(s) and Materials within 5 days of the effective date of termination.
Termination of this Agreement shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
Certain information and content that is not created by myContent, may be provided by third party licensors and suppliers to myContent ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content or any of content created by myContent in any manner unless you have permission from the rights owners. MYCONTENT DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Signage Player Loaner
As part of the subscription plan, myContent will ship you a signage player on loan for the duration of the subscription period. When a subscription plan is cancelled, for whatever reason, either by Subscriber or by myContent, the signage player must be returned at the subscribers expense to:
myContent Signage Players
101 NE 3rd Ave.
Fort Lauderdale, FL 33301
You agree to return the signage player, together with any cables, power cable, connectors and other components that came with your signage player, without physical damage, and within 21-days after the cancellation date, to avoid a charge of $199. You hereby authorize that in the event myContent does not receive the signage player and its components, within 21-days after your subscription cancellation, to bill your Credit Card $199, together with and any outstanding balance owed. In the event there are any credits due, the $199 will be deducted from any credits.
Links to Third Party Services
This Service may be linked to other Services that are not myContent Services. myContent is providing these links to you only as a convenience, and myContent is not responsible for the content or links displayed on such Services.
Maximum Storage Limit
You acknowledge that myContent reserves the right to limit the maximum storage capacity for each user account. Furthermore, myContent, in its sole discretion, reserves the right to adjust the maximum storage limit of any user account, at any time without prior notice.
You acknowledge that you are responsible for the information and material that you supply myContent to use for designing your digital Signage Campaign(s). You, and not myContent, will have full responsibility for all materials, including; digital files, videos, audios, photos, graphics, logos, charts, graphs, PowerPoint files, PDFs, PNGs JPEGS, illustrations, printed materials, or any other items, including its legality, reliability, appropriateness, originality and copyright. If you submit materials to myContent to develop your digital signage Campaign(s), you grant myContent a non-exclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) to use, copy, modify, distribute, to display in your Signage Campaign(s) and provide access to the Campaign(s) to users that you designate in connection with providing services related to this Service to you. myContent will not make your Campaign(s) available to any third parties, and myContent agrees to provide access to your Campaign(s) only to you and to those certain e-mail addresses you designate as part of your shared distribution list in your user account.
WE RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY SIGNAGE CAMPAIGN(S) DEVELOPED BY MYCONTENT. You further agree that you will not provide myContent, upload, post or otherwise make available on the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Campaign(s).
You represent and warrant that: (i) myContent owns the Campaign(s) created on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Campaign(s) on or through the Service and any other use of your Campaign(s) does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any materials posted by you to or through the Service.
Signage Campaign(s) and unauthorized use of any Materials or Third Party Content contained on this Service may violate certain laws and regulations. You shall indemnify and hold myContent and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) myContent or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party. Proprietary Rights.
myContent is a trademark of myContent in the United States. All other trademarks, names and logos on this Service are the property of their respective owners.
Unless otherwise specified, all information and screens appearing on this Service including documents, services, Service design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of myContent, Copyright © 2015 myContent. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Copyright and Trademark Infringements.
Disclaimer of Warranties
Your use of this Service, any Software and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by myContent, and they may include inaccuracies or typographical errors. myContent does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Service. myContent has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by myContent or our licensors
MYCONTENT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE, THE SOFTWARE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT. RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE SOFTWARE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MYCONTENT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Consequential Damages
MYCONTENT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SERVICE OR RELATING TO YOUR CAMPAIGN(S) OR THE SOFTWARE. IN NO EVENT SHALL MYCONTENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING EVEN IF MYCONTENT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Limitation on Damages
IN NO EVENT SHALL MYCONTENT'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS (USD $500).
Florida law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Service will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. myContent's failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and myContent and supersede all prior or contemporaneous negotiations, discussions or agreements between you and myContent about the Service. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.