Terms of Use
Effective Date: January, 2024.
1. Introduction and Overview
These Terms of Use (“Terms”) establish a legally binding agreement between you and MegaMind Media LLC (“MegaMind,” “we,” “our,” or “us”) governing your use of any website, mobile application, or online service location that posts a link to these Terms (each, a “Site”), and all features, content, subscriptions, products, and other services that we own, control, and make available to you mentioning or identifying these Terms (collectively, with the Sites, the “Service”). By visiting the Site or using the Service in any way, including making purchases or browsing the Sites, you agree to be bound by these Terms and all applicable laws and regulations. Your agreement includes acknowledging our collection, use, and disclosure of your information as described in our Privacy Policy. If you do not agree with any of these Terms, you are prohibited from using or accessing the Service.
In some instances, both these Terms and separate terms and conditions (“Additional Terms”) may apply to your use of the Service. This includes promotions, sweepstakes/contests, subscription services, auctions, and loyalty and rewards programs, as well as return policies for certain transactions. We will notify you to the extent Additional Terms apply. If there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless expressly stated otherwise.
We reserve the right to change these Terms at any time, with changes taking effect upon posting the updated Terms. Your use of the Service after changes constitutes agreement to the updated Terms. Review these Terms periodically to stay familiar with the most recent version.
2. Agreement to Arbitrate Disputes; Choice of Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
A. We Both Agree to Arbitrate.
You and MegaMind Media agree to resolve any claims related to these Terms, the Service, the Content, or our Privacy Policy through final and binding arbitration. Exceptions exist for intellectual property rights violations allowing MegaMind Media to seek injunctive relief.
B. What is Arbitration.
Arbitration is more informal than a court lawsuit, seeking quicker dispute resolution. The Federal Arbitration Act governs interpretation and enforcement. Arbitration procedures are initiated through JAMS.
C. Arbitration Procedures.
Arbitration shall be initiated through JAMS using the Streamlined Arbitration Rules and Procedures. The process includes writing a demand for Arbitration, sending copies to JAMS, and payment of filing, administration, and arbitrator fees. Arbitration shall be held in the United States in New York, NY under New York law.
D. Authority of Arbitrator.
The arbitrator will decide rights and liabilities and can award damages and relief. No class actions are allowed. Parties waive their right to a jury trial.
E. No Class Actions.
Disputes are resolved on an individual basis, and class actions are not allowed.
F. Waiver of Jury Trial.
Parties waive their right to a trial in front of a judge or a jury, opting for arbitration.
G. Choice of Law/Forum Selection.
These Terms are governed by the laws of the State of New York. Parties submit to the exclusive jurisdiction and venue of a federal or state court located in New York, NY.
3. Use of Our Service
A. Content.
The Service includes materials related to MegaMind Media, its products, services, and intellectual property. All rights in and to the Service and the Content belong to MegaMind Media or licensors, protected by U.S. and international laws.
B. Limited License.
Subject to strict compliance with these Terms, MegaMind Media grants a limited, non-exclusive, revocable license to use the Content for personal, non-commercial use. Unauthorized use may result in legal consequences.
C. Minors; Restrictions and Rules of Conduct.
Individuals between 13 and 18 years require parental permission to use the Service. The Service is not for individuals under 13. Users agree to comply with laws and not engage in unlawful, offensive, or objectionable activities.
D. Availability; Suspension or Termination of Access.
MegaMind Media may suspend or terminate the Service or Content, in whole or in part, for any reason, without notice. Upon suspension or termination, granted rights cease immediately.
E. Reservation of Rights.
All rights not expressly granted are reserved by MegaMind Media and its licensors. Unauthorized use is prohibited.
4. User Submissions
Users may submit various content (“Submissions”) to MegaMind Media. By making a Submission, users grant MegaMind Media the right to use, display, reproduce, and exploit the Submission for any purpose.
5. Third Party Services
The Service may contain links to Third Party Services. MegaMind Media is not responsible for Third Party Services, and users interact with them at their own risk.
6. Service Features
A. Wireless Features.
The Service may offer Wireless Features, and users agree to allow MegaMind Media to collect related information. Data rates and carrier fees may apply.
B. Communications.
Users can opt-out of promotional communications. MegaMind Media reserves the right to communicate through various channels.
7. Updates to Terms
MegaMind Media may modify or replace any part of these Terms at any time without prior notice. Users agree to be bound by the updated Terms.
8. General Provisions
A. Consent or Approval.
No MegaMind Media consent is valid without written and signed approval.
B. Survival.
Certain provisions survive termination, including sections on Service Use, Submissions, Third Party Services, and General Provisions.
C. Severability; Interpretation; Assignment.
Invalid provisions do not affect the remainder. MegaMind Media may assign rights and obligations without notice. These Terms supersede prior agreements.
D. Complete Agreement; No Waiver.
These Terms reflect the complete agreement and supersede prior discussions. No failure or delay constitutes a waiver.
E. International Issues.
The Service is controlled from the U.S., and users agree to export controls. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
F. Investigations; Cooperation with Law Enforcement.
MegaMind Media reserves the right to investigate and prosecute breaches, disclosing information as necessary.
G. Submissions and Unsolicited Ideas Policies.
MegaMind Media does not accept unsolicited materials and retains the right to develop ideas independently.
9. Contact Us
For questions or comments about these Terms, email us at [email protected]. Legal notices must be mailed to 7477 Old Alexandria Ferry Rd Clinton, MD, 20735-1834 United States, ATTN: MegaMind Media Legal. Electronic communications satisfy legal requirements.