Terms and Conditions for Use of Megotta Websites
IMPORTANT--READ CAREFULLY: These Terms and Conditions are a legal contract between You (You--either an individual or a single business entity) and Megotta, Inc. (Megotta), regarding use of the Megotta Websites, software, associated media, printed materials, and online or electronic documentation (collectively, the Service).
These Terms and Conditions may change from time to time without notice. You are responsible for checking them from time to time for updates and for adhering to those updated terms.
Levels of Privilege/Nature of Site Access:
Visitors to the Site are able to:
- use certain limited MeGotta tools to create and send e-cards;
- email their creations
- view works displayed by Members on the Site.
Only Subscribers and Members may:
- Create personal profiles
- Join groups on the Site
- Comment on content
- Upload content
Subscribers may also:
Have access to certain premium MeGotta content.
Children under 14 may not post photos or any personally identifying information or material on a publicly accessible part of the Site. Any such material discovered by or reported to Megotta will be removed. Children under 14 who wish to become Members or Subscribers must provide confirming authorization from a parent by electronic mail to firstname.lastname@example.org.
Use Limitations: No user of the Site may (1) take any action that imposes an unreasonable load on the Site's infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (4) delete or alter any material posted by any other person or entity, or (5) frame or link to any of the materials or information available from the Site.
If You submit any information to our Site, You agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit pyramid schemes or chain letters or conduct gambling, (3) post or transmit anything that violates the copyright, trademark or other intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.
When retrieving information from our Site, You are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (2) aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for an ordinary single use of the Site, or (3) accessing data not intended for such user.
Should You decide to submit, enter or transmit through use of the Service information or materials of any kind, You are responsible for ensuring that You may do so and that such information and materials may be accessed, used, copied, distributed and adapted byMegotta without liability or restriction. You are responsible for making sure all information and materials that You originate or require are properly backed up so You have ready access thereto in the event of loss, corruption or interruption.
As explained further below in the Intellectual Property Rights Section, You are authorized to access, use and copy information and materials available through the Service only for personal use and not for resale or duplication except through the Service. Except as authorized in use of the Services, the information and materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Violation of this policy may result in infringement of intellectual property and contractual rights and could result in substantial civil and criminal penalties. MeGotta and TOONplayer and design, and other identified marks are trademarks of Megotta and may not be used without our written permission.
MeGotta permits sending of greeting cards by electronic mail.
Megotta will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as spam) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee or that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
Any other access to or use of this Site or its contents is unauthorized. The permission granted under these Terms and Conditions is void where prohibited. User represents and warrants that its use of the Site will not violate any applicable law. Megotta reserves the sole right to either modify or discontinue the Site and its Services, at any time.
Violation of these terms and conditions will result in exclusion from the Site and engender damages where third party rights are involved. Anyone that discovers content on the Site in violation of the Site Terms or Policies may flag the content and provide a reason to the Site administrator at email@example.com. Megotta may terminate any free account in its sole discretion. For paid accounts, grounds for removal of content and banning from the Site include violation of the terms and conditions of use.
Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through the Site should correctly identify the sender; You may not alter the attribution of origin in electronic mail messages or posting.
Megotta maintains and control ownership of all IP numbers and addresses that may be assigned to You. Megotta reserves, in its sole discretion, the right to change or remove any and all IP numbers and addresses.
By registering, You certify that the information You provide on the registration form is accurate and pertains only to You. You are responsible for maintaining the confidentiality of the password You are assigned. Your password should not be shared with any other person. You also certify that You own the intellectual property rights associated with any items uploaded by You onto the Site and agree to abide by the Intellectual Property Rights Terms of this Site.
Megotta reserves the right to deactivate or suspend use of Services for any reason.
Purchase of Goods or Services
You are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur regarding your account. Products and services sold by MeGotta are only to those who can legally make purchases with a credit card/debit card or through PayPal. If you are under 18, you may make purchases on or through the MeGotta Sites only with the involvement of a parent or guardian. MeGotta reserves the right to terminate any customer account or refuse or cancel any customer order with MeGotta, at any time in its sole discretion (except as prohibited by law).
MeGotta currently uses PayPal for handling purchases. By submitting an order on or through the MeGotta Sites, you authorize MeGotta via PayPal, or its designated payment processor, to charge the purchase to the credit card/debit card account you specified. Purchase do not become effective unless and until your payment has been accepted and processed. The currency for all payments is United States Dollars. MeGotta reserves the right to report, investigate and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized or otherwise unlawful use of any credit card or debit card by any person on or through the MeGotta Sites.
All applicable sales, use and other taxes, duties, and governmental fees and charges payable in connection with your purchase made on or through the MeGotta Sites are your responsibility. If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and MeGotta reserves the right to withhold or collect such taxes or fees from you at any time.
LIMITATION OF LIABILITY
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Megotta is not responsible in any manner for the content that is uploaded onto its site or that might be found by linking from the Site to a third party website. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon our request, you agree to defend, indemnify, and hold Megotta and its Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
INTELLECTUAL PROPERTY RIGHTS
Users of the MeGotta Site must agree to respect all intellectual property rights contained in the Site. This includes any text, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. When You register for use of the Site or accept the Terms and Conditions to visit the Site, You agree to comply with these rights. Breach of these conditions to use will result in termination of membership privileges and may bring third party liability. Neither Megotta nor its Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See Use of Your Materials below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Copyrights: protect works of art, photos, music, videos, writings and software, among other works from copying or distribution of any kind without permission of the owner. No registration is needed for copyright protection to apply. To respect copyright law, Megotta requires Members uploading material to verify that it is their own original content. By taking advantage of the upload feature, Members confirm rights in the content and agree to allow Megotta to host copies of the material on its servers and have the content appear on the Site. Users may not copy verbiage or images or sounds or content of any kind from the Site except as permitted by the content owner or Megotta. Use of any content outside of the context of the Services provided on the Site requires a license from Megotta. To notify Megotta of a violation, please use the link near the content to flag it or send the specific information regarding the copyrighted work, registration, and the infraction to firstname.lastname@example.org.
If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement: Contact email@example.com.
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Right of Publicity: The right of publicity protects a person's name, signature or likeness from being used without permission. No items may be uploaded to the Site featuring celebrities or any other individual without proof of that individual's permission. Please use the link near the content to flag this issue or address detailed complaints to Complaints@megotta.com.
Trade Secrets/Proprietary Information: This is confidential and proprietary information of commercial value. The Site may not be used to post any such information from any third party.
Types of information You may provide and that Megotta must collect in connection with Services on the Site include contact information, transactional information, e-mail addresses for You and recipients of Your creations on the Site, community chat, login data, IP address and standard Web log information. When You provide this information, You agree that it may be transferred and reside on our servers for use in connection with Your membership and Service transactions.
In addition, Megotta automatically gathers general statistical information about visitors to the Site, such as IP addresses, browsers, pages viewed, number of visitors, transactions, etc., but in doing so Megotta does not reference You by individual name, e-mail address, home address, or telephone number. Megotta uses this data in the aggregate to determine how much our customers use various parts of our Site so Megotta can improve its Service offerings and Site content. No personally identifying information will be transferred to third parties without Your permission.
Megotta will not transfer Your information to third parties for marketing purposes without Your consent.
The Primary Purpose for which Megotta collects the information is to facilitate delivery of the Services and to support transactions on the Site.
Unless you opt not to receive them, Megotta may use Your information to deliver information to You that, in some cases, is targeted to Your interests, such as targeted banners, new Services and promotions. You also have the option to receive Services updates.
Megotta may use Your IP address to help diagnose problems with our server, to manage the Site and to enhance our Site based on the usage pattern data Megotta receives.
Disclosure other than for the purposes above is limited to enforcement of the User Agreement, cooperation with legal requirements, investigation and resolution of claims pertaining to intellectual property and other proprietary rights of others, and the safety of third parties. This may involve disclosure to government officials in response to a subpoena or court order or verified request relating to investigation of criminal activity.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize MeGotta pages, or register with MeGotta sites or services, a cookie helps MeGotta to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the MeGotta web sites, the information you previously provided can be retrieved, so you can easily use the MeGotta features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the MeGotta services or web sites you visit.
Your account information and profile are password-protected. Megotta recommends that You do not divulge Your password to anyone. Our personnel will never ask You for Your password in an unsolicited phone call or in an unsolicited e-mail. Remember to sign out of Your account and close Your browser window when You have finished Your session. This is to help ensure that others cannot access Your personal information and correspondence if You share a computer with someone else or are using a computer in a public place where others may have access to it.
Megotta employs reasonable and current security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information. However, no data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while Megotta tries to protect Your personal information, Megotta cannot ensure or guarantee the security of any information You transmit to us, and You do so at Your own risk.
Children Under 14
Megotta has no way of distinguishing the age of individuals who access the Site, so it must rely on User representations and parental approval where required. If a child has posted personally identifying information without parental or guardian consent, the parent or guardian should contact us to remove the information and Megotta will promptly cooperate. Please contact firstname.lastname@example.org.
Megotta is not responsible for age verification or the accuracy of information provided by the Site’s users.
Third Party Practices
Special Note to International Users
Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and this will be reflected by the effective date below. Please revisit this page to stay aware of any changes. Your continued use of the Site constitutes Your agreement to this Privacy Notice and any future revisions.
Megotta will notify Members of revisions to this Privacy Notice that may be materially less restrictive of our use or disclosure of the Members’ personal information. Continued use of the Site after this notice is received will constitute acceptance of the new terms.
In the Event of Merger or Sale
In the event that Megotta is acquired by or merged with a third party entity, Megotta reserves the right, in any of these circumstances, to transfer or assign the information Megotta has collected from our Users as part of such merger, acquisition, sale, or other change of control.
By using the Site, You consent to the collection and use of this information in the manner described above.
Effective Date: March 30, 2010