Media81 Group, Inc.
Universal Terms of Service Agreement
Last Revised: October 1, 2019
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY TO UNDERSTAND YOUR LEGAL RIGHTS AND REMEDIES.
This Universal Terms of Service Agreement is entered into and between Media81 Group, Inc. (“Media81 Group”), a California corporation and you. It is effective as of the date of your use of this website or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the site and the products and services purchased through this website or company.
The terms “we”, “us”, or “our” shall refer to Media81 Group. The terms “you”, “your”, “user”, “client” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services.
2. MODIFICATION OF AGREEMENT
Media81 Group reserves the right to revise or make changes to this agreement at any time, without notice or obligation, and such changes or modifications shall be effective immediately upon posting to this website. By entering this website, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of our website to review these terms and conditions. If you do not wish to be bound by this Agreement as last revised, do not use (or continue to use) this website or the Services.
3. ELIGIBILITY AND AUTHORITY
You represent and warrant to Media81 Group that (i) You are eighteen (18) years of age or older, (ii) You have full power and authority to enter into this agreement, (iii) You own all Your Content or have obtained all permissions, releases, rights or licenses required by law to use them in your service, (iv) Your Content and other activities in connection with the Service, do not and will not violate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, offensive, harassing or pornographic, (v) You are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
4. YOUR ACCOUNT
You represent and warrant to Media81 Group that you have provided true, accurate, and correct information in connection with your account creation and use of the Service. If Media81 Group has reason to believe your account information is inaccurate, untrue, incomplete, or out-of-date, Media81 Group reserves the right to suspend or terminate your account. You are responsible for your account security and activities, whether authorized by you or not, and you must keep your account information secure, including but not limited to username, password, and payment methods. Media81 Group will not be liable for any loss you incur due to any unauthorized use of your Account. You may be liable for any loss Media81 Group or others incur caused by your Account, whether caused by you, an authorized person, or an unauthorized person.
5. AVAILABILITY OF WEBSITE AND SERVICES
We do our best to provide you with a service which will be available 24 hours a day, 7 days a week, and 365 days a year. You acknowledge and agree that your site might be inaccessible for any reason including, but not limited to periodic maintenance, repairs, replacement or any other cause beyond our reasonable control. We assume no liability to you or any other third party due to site access.
6. FEES AND PAYMENTS
Payment Due at Time of Order; all amounts are final, non-cancelable, non-transferable, and nonrefundable unless otherwise noted in the Refund Policy.
7. AUTOMATIC RENEWAL TERMS
You authorize media81.com to charge your credit/debit card at the beginning of your billing cycle on renewal dates.
You may cancel a product at any time, simply send an email to firstname.lastname@example.org, and you will receive a confirmation email in response. Refund will only be issued if you request a refund via email with Media81 Group’s customer service within the refund time-frame specified for the applicable product the Refund Policy, if available at all.
9. REFUND POLICY
Products purchased from Media81.com may be refunded only if cancelled within 48 hours of the date of the transaction. “Date of the transaction,” for the purpose of this Refund Policy, means the date of purchase of any product or service.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL Media81 Group BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. TO THE EXTENT THAT THE LAWS OF SUCH JURISDICTIONS APPLY, Media81 Group’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11. INDEMNIFICATION AND RELEASE
You will defend, indemnify, and hold harmless Media81 Group from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any of Your Content, or your other access, contribution to, use or misuse of the Service. Media81 Group will provide notice to you of any such claim, suit or demand. Media81 Group reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
12. DISPUTE RESOLUTION BY BINDING ARBITRATION
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing user support at email@example.com. In the unlikely event that our support team is unable to resolve a complaint you may have (or if Media81 Group has not been able to resolve a dispute such disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction.
Media81 Group and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. You and Media81 Group further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 10 of this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
13. PORTFOLIO AGREEMENT
We reserve the right to add any project in our general portfolio to demonstrate to prospective Clients as reference and sample of performed work/service. We have the right to place our logo and a link to our website in the footer of your website/app as the developer of the website/app as long as the website/app is live and available to the public.
14. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
15. DOMAIN NAME POLICY
What happens after domain names expire?
Once a domain name expires, it goes through many stages before being released to the open market. Media81 Group sends two renewal emails to the account owner prior to the expiration date. Below is a timeline based on .com domain names.
Day 1: We make the first billing attempts to renew the domain name. If the billing fails on the day of, or auto renew fails, the domain name expires and is immediately set to parking. The domain name can be renewed by the registrant at no extra cost.
Day 5-18: We make the second billing attempt. The domain name remains in parking but can still be renewed by the registrant at no extra cost.
Day 19-42: The domain name can be renewed by the registrant for the cost of a one-year renewal plus an $80.00 redemption fee.
Day 43: The domain name will not be available for renewal and Media81 Group will have the right to sell/own the expired domain name. A registrant can renew an expired domain name at no extra cost up to day 18. If they renew an expired domain name anytime between day 19 and day 42, they must also pay an $80 redemption fee. The domain name might not be available for renewal after day 19.
If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content.
16. WEB HOSTING POLICY
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Media81 Group may suspend or terminate your account and pursue the collection costs incurred by Media81 Group, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Media81 Group will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Hosting accounts that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. Media81 Group will not be liable for any loss of data resulting from such deletion.
17. PRICE CHANGE
Media81 Group reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Media81 Group through the user billing tool or through other methods of communication, including notices sent or posted by Media81 Group.
18. MOBILE APPS
Our Mobile app service is a subscription-based software, the cost includes a development fee and monthly/yearly maintenance fee. As between Media81 Group and Customer and any User, the Application and all related software, copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Media81 Group or its licensors. The performance of Professional Services shall not alter the provisions of the forgoing sentence, and no such Professional Services shall be performed on a “work-made-for-hire” or similar basis that would provide ownership to Customer.
19. TERMINATION POLICY
We keep a copy of your website for 29 days, you can reinstate your service at no additional cost. The service can be reinstated by the account owner with an $250 redemption fee between day 30 and day 42. The account will be terminated after day 42 and data recovery will not be available.
By providing account access, you will have the authority to change your content, if your changes cause any problem for the account, we will not be responsible for the damages. We will do our best to help the you in case of incident, but the time to repair will be assessed at hourly rate and is not included as part of the original agreement.
Mobile apps, subscription-based Websites and eCommerce Websites designed by us are built on and integrated with our hosting platform, and any attempt to migrate or otherwise transfer any such mobile apps, website or eCommerce Websites to another hosting provider is a violation of this Agreement. You are not authorized to replicate or copy Mobile Apps, Websites and eCommerce Websites designed by us.
We expressly disclaim any responsibility for liability due to hacking of any websites.
All product names, logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement.
21. CLIENT ACCESS
By releasing account administrator information, client will have the authority to change everything, if the client changes cause any problem for the account, service provider is not responsible for the damages. Service provider will do the best to help the client in case of any request from client but the time to repair will be assessed at hourly rate, and is not included as part of the original contract.
22. ADA Complaint Service
Media81 Group does not guarantee WCAG compliance!
UserWay interacts with each website, browser and operating system differently and therefore we provide no warranty or assurances that the Software will perform as expected on your website. If you or your users experience any unexpected technical issues, bugs or malfunctions, it is your responsibility to report such issues to firstname.lastname@example.org including relevant screenshots, browser versions, OS version and device type.
If UserWay Software changes the intended behavior of your website in any way or does not provide accessibility improvements as expected, you may remove any UserWay code from your servers and discontinue using the Software.
Limitation of Liability
Media81 Group does not guarantee WCAG compliance! It is your sole responsibility to ensure your website is accessible and tested for compliance with WCAG 2.1 or other accessibility regulations as required by law. Moreover, you hereby agree to test the UserWay widget and all of its accessibility features on your website locally prior to rolling it out publicly to ensure proper functionality.
By choosing to use the UserWay widget you hereby claim that all of the pages and content on your site have been tested with common browsers and operating systems and with each of UserWay’s accessibility features (contrast changes, text size changes, keyboard navigation, cursor size, link highlighting, font changes, desaturation, etc.) and that all available functionality works properly and as intended.
In no event shall Media81 Group be liable to you or to any third party claiming through you or on your behalf.
As such, neither Media81 Group, its directors, officers, employees or agents, nor any Media81 Group partner, affiliate or solution provider shall in any way be liable to you or your users and you hereby waive any direct or indirect, economic, financial, special, commercial, incidental, exemplary or consequential damages, including without limitation lost profits, citations, loss of business revenue or earnings, lost data, damages caused by bugs, glitches, malfunctions or a failure to realize intended functionality, design or content, arising from or in connection with the use or performance of the Software, even if Media81 Group or a Media81 Group affiliate are aware of the possibility of such damages.
You agree to indemnify and hold Media81 Group harmless from all claims, judgments, liabilities, expenses, or costs arising from any breach of this TOS and/or acts or omissions.
23. Disclaimer Third Parties
All product names, logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply imply any affiliation with or endorsement by them.
24. CONTACT INFORMATION
If you have any questions about this agreement, please contact us.
Media81 Group, Inc.
433 N. Camden Dr. Suite 600
Beverly Hills, CA 90210