The following terms and conditions govern all use of the mdx-creations.com website and all content, services and products available
at or through the website, including, but not limited to, the mdx-creations.com URL Rotating service,
(taken together, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including, without limitation, mdx-creation’s Privacy Policy) and procedures
that may be published from time to time on this Site by mdx-creations.com (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the web site.
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
If these terms and conditions are considered an offer by mdx-creations.com, acceptance is expressly limited to these terms.
1. Your mdx-creations.com Account. You are fully responsible for all activities that occur under the account and any other actions taken in connection
with the account. You must immediately notify mdx-creations of any unauthorized uses of your account or any other breaches of security.
mdx-creations will not be liable for any acts by You, including any damages of any kind incurred as a result of you using any of our services.
2. Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make)
material available by means of the Website (any such material), You are entirely responsible for the content of, and any harm resulting from,
that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright,
patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make
available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the
Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through
to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical content to further unlawful acts (such as phishing) or mislead recipients as to the
source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not
violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by mdx-creations or otherwise.
By submitting Content to mdx-creations for inclusion in any of our services, you grant mdx-creations a world-wide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account.
If you delete Content, mdx-creations will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to
the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, mdx-creations has the right (though not the bligation) to, in mdx-creations’s sole
discretion (i) refuse or remove any content that, in mdx-creations’s reasonable opinion, violates any mdx-creations policy or is in any way harmful
or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in mdx-creations’s sole
discretion. mdx-creations will have no obligation to provide a refund of any amounts previously paid.
3. Fees and Payment. Optional premium paid services available on the Website. By selecting a premium service you agree to pay mdx-creations the monthly
or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use
of that service for a monthly or annual period as indicated. Premium service fees are not refundable. Products offered by mdx-creations.com are available for instant download with the understanding that payment is due at the time of purchase. For payments that require clearance such as checks, money orders etc their may be a delay in receiving your purchase due to funds not being available at the time of purchase. Only once funds have been cleared shall delivery of product's be for filled
4. Responsibility of Web site Visitors. mdx-creations has not reviewed, and cannot review, all of the material, including computer software, posted to the
Web site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Web site, mdx-creations does not represent or
imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical
mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and
other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
mdx-creations disclaims any responsibility for any harm resulting from the use by visitors of the Web site, or from any downloading by those visitors of content
there posted.
5. Content Posted on Other Web sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the
web sites and web pages to which mdx-creations.com links, and that link to mdx-creations.com, mdx-creations does not have any control over those non-mdx-creations
web sites and web pages, and is not responsible for their contents or their use. By linking to a non-mdx-creations web site or web page, mdx-creations does not
represent or imply that it endorses such web site or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems
from viruses, worms, Trojan horses, and other harmful or destructive content. mdx-creations disclaims any responsibility for any harm resulting from your use of
non-mdx-creations web sites and web pages.
6. Copyright Infringement.
As mdx-creations asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material
located on or linked to by mdx-creations.com violates your copyright, you are encouraged to notify mdx-creations. mdx-creations will respond to all such notices,
including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may
infringe or repeatedly infringes the copyrights or other intellectual property rights of mdx-creations or others, mdx-creations may, in its discretion, terminate
or deny access to and use of the Web site. In the case of such termination, mdx-creations will have no obligation to provide a refund of any amounts previously paid
to mdx-creations.
7. Intellectual Property. This Agreement does not transfer from mdx-creations to you any mdx-creations or third party intellectual property, and all right, title and
interest in and to such property will remain (as between the parties) solely with mdx-creations. mdx-creations.com, the mdx-creations.com logo, and all other
trademarks, service marks, graphics and logos used in connection with mdx-creations.com, or the Web site are trademarks or registered trademarks of mdx-creations or
mdx-creations licensors. Other trademarks, service marks, graphics and logos used in connection with the Web site may be the trademarks of other third parties.
Your use of the Web site grants you no right or license to reproduce or otherwise use any mdx-creations or third-party trademarks.
8. Changes. mdx-creations reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement
periodically for changes. Your continued use of or access to the Web site following the posting of any changes to this Agreement constitutes acceptance of those changes.
mdx-creations may also, in the future, offer new services and/or features through the Web site (including, the release of new tools and resources). Such new features
and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination. mdx-creations may terminate your access to all or any part of the Web site at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your mdx-creations.com account (if you have one), you may simply discontinue using the Web site. Notwithstanding the foregoing,
if you have a Premium Services account, such account can only be terminated by mdx-creations if you materially breach this Agreement and fail to cure such breach within
thirty (30) days from mdx-creations notice to you thereof; provided that, mdx-creations can terminate the Web site immediately as part of a general shut down of our service.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties. The Web site is provided “as is”. mdx-creations and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither mdx-creations nor its suppliers and
licensors, makes any warranty that the Web site will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a
treat. You understand that you download from, or otherwise obtain content or services through, the Web site at your own discretion and risk.
11. Limitation of Liability. In no event will mdx-creations, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products
or services; (iii) for interpution of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to mdx-creations under this agreement
during the twelve (12) month period prior to the date the cause of the action accrues. mdx-creations shall have no liability for any failure or delay due to matters beyond
their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the mdx-creations Privacy Policy, with this
Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area,
regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country
in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
13. Indemnification. You agree to indemnify and hold harmless mdx-creations, its contractors, and its licensors, and their respective directors, officers, employees and agents from
and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
14. Miscellaneous. This Agreement constitutes the entire agreement between mdx-creations and you concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of mdx-creations, or by the posting by mdx-creations of a revised version. Except to the extent applicable law, if any,
provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Western Austalia, Australia, excluding its conflict of
law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Perth, Australia.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond),
any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”)
by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in Perth, Western Australia, in the English language and the arbitral decision may be
enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in
full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or
any subsequent breach thereof.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Back to the previous page |
