Terms of use

Agreement between user and MegaDo.com

These Terms of Use (“Terms”) are an agreement between you (“you”) and MegaDo, LLC (“MegaDo”, “Company”, “we”, “us” or “our”) that allows you to use our website(s) (the “Site”), mobile application(s) (“app(s)”), software, subscriptions and other products and services (collectively, the “Services”), as long as you follow these Terms.  By accessing or using the Services, you signify your agreement to (1) all terms and conditions in these Terms, (2) our privacy policy located on our website (“Privacy Policy”), and (3) any other standard policies or community guidelines, if any, posted in our Services, which are all expressly incorporated herein and must also be observed and followed (clauses (1) through (3) collectively, the “Agreement”).

Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of the Services is subject to our Privacy Policy. Please review our Privacy Policy, which informs users of our data collection practices.

Electronic Communications

Visiting our Site or other Services or sending emails to MegaDo or through the Services constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.

Your account

If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MegaDo is not responsible for third party access to your account that results from theft or misappropriation of your account. MegaDo and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

MegaDo does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Services only with permission of a parent or guardian.

Links to third party sites/Third party services

Services may contain links to other websites (“Linked Sites”) and may integrate and/or interact with third party services, such as via APIs or browser extensions (“Third Party Services”). The Linked Sites and Third Party Services are not under the control of MegaDo and MegaDo is not responsible for the contents of any Linked Site or Third Party Service, including without limitation any link contained therein, or any changes or updates thereto. MegaDo is providing these links and services to you only as a convenience, and the inclusion of them does not imply endorsement by MegaDo of the Linked Site, the Third Party Service, the content or services therein, or any association with its operators.

Certain services made available via the Services are delivered by third party sites and organizations. By using any product, service or functionality originating from the Services, you hereby acknowledge and consent that MegaDo may share such information and data with any third party with whom MegaDo has a contractual relationship to provide the requested product, service or functionality on behalf of Services users and customers.

Linked Sites and Third Party Services may have their own terms, conditions, privacy policies, and/or terms of service for (collectively, “Third Party Terms”). It shall be each User’s sole responsibility to analyze and interpret any applicable Third Party Terms and comply therewith. By using the Services, you hereby release MegaDo and waive any and all claims or claim rights that you may have against MegaDo, and release and indemnify MegaDo against any claims that any third party may have against you, including with respect to your use of any Third Party Services, including if accessed or used via our Services, and with respect to Third Party Terms, or any other rules or regulations of such third parties.

Without limiting the generality of the foregoing, we may elect, in our discretion, to utilize social logins, allowing you to login to the Services via other third party authentication services, such as (without limitation) your Facebook, Twitter, LinkedIn, Google, or other account credentials. You understand that these are Third Party Services, and this in no way creates and endorsement of, by or from us to them or vice versa, that we are not responsible for their logins, systems or data, and that by using such third party logins, you may be subject to their respective privacy policies and other terms of use.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the applicable portions of the Service(s) strictly in accordance with these terms of use. As a condition of your use of the Services, you warrant to MegaDo that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of MegaDo or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You agree not to copy, duplicate or imitate, in whole or in part, any concept, idea, business model, business process, product, service or other intellectual property or other ideas or content embodied in the Services or learned by you from your use of or access to the Services.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Services, in whole or in part, nor any of the content, in whole or in part, found therein. MegaDo Services and content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use the Services and protected content therein solely for your personal use, and will make no other use thereof without the express written permission of MegaDo and the copyright owner. You agree that you do not acquire any ownership rights in any Services or protected content. We do not grant you any licenses, express or implied, to the intellectual property of MegaDo or our licensors except as expressly authorized by these Terms. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. You agree not to use the Services to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity. You will not and shall not disparage MegaDo or the Services.

Use of communication services

The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper, lawful, non-offensive, and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

MegaDo has no obligation to monitor the Communication Services. However, MegaDo reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MegaDo reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

MegaDo reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MegaDo’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MegaDo does not control or endorse the content, messages or information found in any Communication Service and, therefore, MegaDo specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MegaDo spokespersons, and their views do not necessarily reflect those of MegaDo.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to Services or posted on any MegaDo web page

MegaDo does not claim ownership of the materials you provide to Services (including feedback and suggestions) or post, upload, input or submit to any MegaDo Services or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MegaDo, our affiliated companies and necessary sublicensees a royalty-free, fully paid, non-exclusive, perpetual, irrevocable, worldwide, transferable license  and permission to use your Submission in our discretion, including, without limitation, the rights to: use, copy, modify, publish, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate. reformat create derivative works from, sublicense, and otherwise exploit your Submission; and to publish your name in connection with your Submission and use these in our Services. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE SERVICES.

No compensation will be paid with respect to the use of your Submission, as provided herein. MegaDo is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MegaDo’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your MegaDo account to third party accounts. By connecting your MegaDo account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by MegaDo from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MegaDo Services, or content accessed through Services, in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless MegaDo, its officers, directors, employees, agents and third parties, for any losses, costs, damages, claims, demands, liabilities and expenses (including without limitation reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or other Services, any user postings or other Submissions made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MegaDo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MegaDo in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MegaDo AND/OR ITS SUPPLIERS MAY MAKE CHANGES IN OR TO ANY SERVICES AT ANY TIME.

MegaDo AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES AND/OR THE INFORMATION, DATA, SOFTWARE, PRODUCTS, SERVICES CONTENT, AND RELATED GRAPHICS, AND/OR OTHER MATERIALS CONTAINED IN OR ON THE SERVICES FOR ANY PURPOSE (COLLECTIVELY, THE “MATERIALS”). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MegaDo AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MegaDo AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR MATERIALS, WITH THE DELAY OR INABILITY TO USE THE SERVICES, MATERIALS, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MegaDo OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE (AND ONLY TO THE EXTENT) SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT FULLY APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Termination/access restriction

MegaDo reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MegaDo as a result of this Agreement or use of the Services. MegaDo’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MegaDo’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by MegaDo with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and MegaDo with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MegaDo with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.

FEES AND PAYMENTS

If and to the extent any portion of the Services may require a fee payment or incremental payment or subscription, you agree to pay MegaDo any applicable fees posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing MegaDo to charge the fees to the account you identify. You must keep all billing information, including payment method, up to date. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. Except as otherwise mutually agreed in writing, we reserve the right to change our fees with 30 days’ notice.

We may terminate or suspend your account and Services for nonpayment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any costs of collection, including attorney fees.

You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MegaDo’s designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at megado@megado.com. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, MegaDo may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at MegaDo’s sole discretion.

CLASS ACTION WAIVER AND ARBITRATION

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.

Except if you opt-out as expressly permitted below, or except to the extent contrary to applicable law (“Excluded Disputes”), you hereby agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, may, in our discretion, be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. You agree that you shall not participate in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.  You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

MegaDo, LLC
1730 Park Street Ste. 211
Naperville, IL 60563

You must include your name and residence address, the email address you use for your account with us, and a clear statement that you want to opt out of this arbitration agreement.  If and to the extent the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Miscellaneous

We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure.

Certain provisions herein shall survive termination or expiration of this Agreement including any of your indemnity obligations, our intellectual property rights, your use restrictions, your payment obligations for Services, our limitations of liability and other terms that are typically expected to survive in similar agreements. Upon termination or expiration, all licenses and other rights granted to you by this Agreement, if any, will immediately cease, but your licenses to us shall survive.

You shall comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to your use of the Services, or the transactions contemplated in this Agreement. You may not assign your rights or obligations hereunder, and any attempt by you to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of this Agreement is void.  In the event that MegaDo is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume MegaDo’s obligations as to this Agreement, including any associated Privacy Policy. The failure of MegaDo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Services must be filed within three (3) months after such claim or cause of action arose or be forever barred.

Changes to Services and Terms

We reserve the right to modify or discontinue the Services at any time with or without notice to you, including without limitation by adding or subtracting features and functionality, third party content, etc.  In the event of such modification or discontinuation of the Services, your sole remedy shall be to terminate this Agreement as set forth herein.  Continued use of the Services following notice of any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Services as so modified.

MegaDo reserves the right, in its sole discretion, to change the Terms under which Services are offered, including this Agreement. The most current version of the Terms and this Agreement will supersede all previous versions. MegaDo encourages you to periodically review the Terms and the rest of the Agreement to stay informed of our updates.

Contact Us

MegaDo welcomes your questions or comments regarding the Terms or this Agreement:

MegaDo, LLC
1730 Park Street Ste. 211
Naperville, IL 60563

Email Address:
megado@megado.com

Last Updated May 22, 2018

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