ICX MEDIA TERMS AND CONDITIONS
Effective January 24, 2017; Version 2
ICX Media is dedicated to using leading-edge data science to provide content creators, brand managers, and media companies the insights they need to effectively manage, market, and monetize digital video content across multiple platforms. We are committed to giving our users a single, intuitive, and powerful portal from which they can oversee their entire digital video universe, no matter how large or small.
We love creating and improving our services, and we hope you will love using them, but doing so is not simple, and there are a whole bunch of legal things that we need to tell you (and that you have to agree to) before you can use our services. We suspect that you, like us, really just want to focus on your business (and won’t read them anyway), so we have tried to summarize the terms here.
We do not host your content. We provide ways for you to access and track your content from a single portal. You are responsible for your content, wherever it resides, and we are responsible for the services and tools that help you analyze and manage your content. We will always identify you by your username as the producer of your content, including when you use the service to post your content (or links to it) on third party sites. We make every effort to keep those tools and our services secure, but our services are not guaranteed, and we cannot promise that they will meet your expectations. If you do not like the services, you may cancel them at any time. We hope you don’t, and invite you to contact us with any problems and we will work to resolve them. We really hope we don’t get into any dispute over the services, but if we do, we will resolve the dispute in small claims court or through arbitration, and unless we do something really terrible, your damages are limited to $50.
Our lawyers insist that the above may be understandable, but they are not the “real” terms. Those are below:
Effective Date: 1/24/2017
Last Updated Date: 1/24/2017
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT OUR THEN-CURRENT FEE FOR SUCH SERVICES, UNLESS YOU OPT OUT OF AUTO-RENEWAL IN ACCORDANCE WITH SECTION 6.4 BELOW.
To use the Services or access the site, you must: (1) be at least 18 (or between the ages of 13 and 17 and using the site and Services with parental or legal guardian consent and supervision); (2) register with us (where applicable) and not have been previously restricted, suspended or terminated by us; and (3) not be using another User’s account without their permission.
SECTION 9 OF THESE TERMS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IF THERE IS A DISPUTE.
Accessing the Services from places where the site and/or Services are illegal is strictly prohibited. You must comply with all local rules, laws, and regulations regarding your use of the site and/or Services.
- Use of the Services. The Services are protected by copyright laws throughout the world. Subject to the Terms, we grant you a limited license to reproduce portions of the Services solely in connection with your personal or internal business use of the Services. Unless otherwise specified in a separate license referencing these Terms, your right to use any element of the Services is subject to the Terms. A “User” is anyone who accesses the Services.
- Provision of Service.
- Subject to your compliance with the Terms, we will provide the Services to you for your personal or internal business purposes up to any service limits identified by us relating to a particular service. We will provide you with the necessary passwords, security protocols and policies and network links or connections to allow you to use the Services in accordance with these Terms.
- While a single User may access the Services through multiple devices (i.e., a computer at home, a computer at work, and a mobile device) Users may not share their sign-on credentials or otherwise provide anyone else with access to the Services, and we may suspend the access of any User who we reasonably believe has violated this restriction.
- We will never provide you with a tangible copy of our software or documentation related to such software or the Services. Copying or redistributing the software is prohibited, including copying the software to any other server or location, redistributing the software, or using it on a service bureau basis.
- Widgets. Widgets are software tools that you may place on your website to let your visitors access our site or other elements of the Services (each, a “Widget”). Subject to your compliance with the Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license solely to use and display Widgets on your website for your own personal or internal business purposes related to the Services. We may stop providing any Widget at any time, or direct you to stop using any Widget for any reason, provided that doing so does not materially impair the Services’ functionality.
- Updates. We are constantly improving the Services. As a result, you may need to accept updates to software you have installed on your computer or mobile device. We will try, but are not required, to provide advance notice of updates. You may need to update third-party software from time to time in order to continue using the Services.
- Restrictions. The license granted to you in this Section 1 is subject to the following restrictions: you will not (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion thereof, including the site, (b) frame or use framing techniques to enclose any trademark, logo, or other of our marks (or use any metatags or other “hidden text” using our name or trademarks); (c) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any element of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) use any manual or automated means to “scrape” or download data from the site (except that public search engines may do so to create publicly available searchable indices, but may not cache or archive any information from the site); (e) access the Services in order to build a similar or competitive website, application or service; or (g) remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other change to the Services will be subject to the Terms. We and our suppliers and service providers reserve all rights not granted in the Terms.
- Third-Party Materials. You may have access to materials that are hosted by another party as part of the Services. It is impossible for us to monitor such materials and you access them at your own risk.
- Registering Your Account. A “Registered User” is a User who has registered an account through the Services (“Account”), or has a valid account on the social networking service (“SNS”) through which the User has connected to the Services (each such account, a “SNS Account”). You must be a Registered User to access certain features of the Services.
- Access Through a SNS.
- If you access the Services through a SNS, you may link your Account with SNS Accounts by giving us access to your SNS Account(s). You represent that doing so does not violate the terms governing your SNS Account(s), and consent to our accessing and making SNS Content available through the Services. “Your Content” means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials you control, and “SNS Content” is Your Content that is accessible through the linking of your Account to an SNS Account. Depending on the SNS Accounts you choose and your privacy settings for such accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the Services. If a SNS Account or associated service becomes unavailable or our access to an SNS Account is terminated by the third-party service provider responsible for such account, then SNS Content specific to that SNS Account will no longer be available on and through the Services. You may disable the connection between your Account and your SNS Accounts at any time by accessing the “Settings” section of the site.
- YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY SUCH THIRD-PARTY SERVICE PROVIDERS VIA A LINKED ACCOUNT. We do not review SNS Content for any purpose, and are not responsible for SNS Content.
- Registration Data. You agree to provide true, accurate, current and complete information about yourself (the “Registration Data”) when registering an Account and regularly update the Registration Data while for so long as you have an Account. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract (or, if a minor, using the Services with your parent or guardian’s consent and supervision); and (3) legally permitted to use the Services. You are responsible for all activities that occur under your Account, including any unauthorized use of the Services by minors. You will not share your Account credentials with anyone or otherwise allow others to access your Account, and will notify us immediately of any unauthorized use of your password or other breach of security. You may only have one Account per platform or SNS at any given time. We may suspend or terminate access to the Services for any violation of this Section 2.3.
- Necessary Equipment and Software. You are responsible for providing all equipment and software you need to access Services and for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
- Services. Except with respect to Your Content, we and our suppliers own all right, title and interest, including all intellectual property rights, in the Services. Without limiting the previous sentence, we own all data about the use of the Services, including analytics and metrics at the individual Account level, and we may use such information in our sole discretion, provided, however, that we may not share information that identifies you or Your Content without your express, written consent.
- Trademarks. The ICX Media logo and any related graphics, logos, service marks and trade names used in connection with the Services are our trademarks and may not be used without our permission for any other purpose. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices in or related to the Services.
- Your Content. You are solely responsible for Your Content that you make available through the Services, and grant us a fully paid, royalty-free, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and unrestricted license to use such content (in whole or in part) in connection with the Services. You represent and warrant that you have all rights necessary for you to display, distribute and otherwise make Your Content available through the Services, and that such distribution does not infringe any third party’s intellectual property rights.
- Username. An integral part of the Services is to make Your Content available to other users of the Services and through SNS Accounts and other means. To do so, we need to be able to associate Your Content with you. We do that by identifying all of Your Content with your User name. You expressly agree to our use of your username to identify you as the contributor of Your Content in every means of distribution supported by or through the Services, including as these distribution channels may change during the Term.
- Feedback. Any ideas, suggestions, documents, and/or proposals you provide us through any means related to the Services (“Feedback”) is at your own risk and we have no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use the Feedback in our sole discretion.
- User Conduct.
- You will not use the Services for any purpose that is prohibited by the Terms or applicable law. You will not yourself or through a third party (a) take any action or (b) upload to the Services Your Content that: (i) infringes any intellectual property rights, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or offensive; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales (such as contests, sweepstakes, barter, advertising, or pyramid schemes) without our prior written consent; (v) impersonates any person or entity, or (vi) interferes with or attempts to interfere with the proper functioning of the Services or use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services or elements thereof.
- Although we do not generally monitor User activity, we may do so, and if we become aware of a potential violation of the Terms, we may investigate such incidents, and, in our sole discretion, take whatever steps we deem necessary to remedy such violation, including immediately terminating your Account.
- Third-Party Services.
- Third-Party Websites, Applications & Ads. The Services may contain links to third-party websites, applications, and advertisements (collectively, “Third-Party Material”). When you click on a link to Third-Party Material, we are not required to provide notice that you are leaving the Services. We do not review or endorse, nor are we responsible in any way, for Third-Party Material. You use Third-Party Material links at your own risk and should review applicable terms and policies before proceeding with any transaction with any third party.
- Fees and Payment.
- Basic Accounts. There is no charge to create an Account and register as a User of the Services (a “Basic Account”). Users with Basic Accounts may access only certain features of the Services.
- Service Subscription Fees. Advanced features of the Services are provided on a subscription basis (a “Services Subscription”). The fees for Services Subscriptions (each, a “Subscription Fee”) are due in advance, with the initial payment due when you add a Services Subscription to your Account (each such time, a “Service Commencement Date”). Services Subscriptions are not valid until we accept your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
- Sale of Service, not Software. The Terms govern access to the Services, and the Subscription Fees are not intended to be, nor should they be deemed to be, for the sale, license, or use of our software, which use is provided only in support of the Services.
- Payment. All Subscription Fees and other payments related to your Account will be made in accordance with the charges and billing terms in effect when such payment is due. You must provide us with a valid credit card or online transaction account (i.e., Paypal) that we accept (“Payment Provider”), or purchase order information prior to receiving any paid Services. You will promptly notify us of any change to your payment information. Your Payment Provider agreement, and not these Terms, governs your use of the designated credit card or online transaction account. By providing your payment information, you agree that we may invoice you for all fees and charges when they become due to us without additional notice or consent. We may change our charges and billing practices at any time, either by posting notice of such change on the site or notifying you via email, provided that any pre-paid fees for Services not yet completed will not be affected by such change.
- Automatic Renewal and Cancellation.
- Services Subscriptions will automatically renew at the rates then in effect until cancelled as set forth herein. By subscribing, you authorize us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your subscription, if we do not receive payment from your Payment Provider, (i) you will pay all amounts due on your Account upon demand, and/or (ii) we may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Services Subscription will be re-activated and for purposes of automatic renewal, the day payment was received will be considered your new Services Commencement Date).
- Services Subscriptions may be cancelled at any time by going to the “Change / Cancel Membership” page of your “Account Settings” page or by contacting us via email at email@example.com. Monthly Services Subscriptions may be cancelled at any time. Annual Services Subscriptions will automatically renew for an additional year at the then-current price for the selected Services unless cancelled at least thirty (30) days prior to the anniversary of the applicable Service Commencement Date. Upon cancellation, (i) we will not charge you for any additional Subscription Fees for the cancelled Services, (ii) your Services Subscription will remain in effect until the end of the then-current Service period, and (iii) at the end of the Services Subscription, your Account will be converted into a Basic Account, and any features of the cancelled Services Subscription will no longer be available.
- Sales Tax. “Sales Tax” means any sales or use tax, and any equivalent tax measured by sales proceeds that we are permitted to pass through to our customers. All fees are net of any applicable Sales Tax. If any payments for the Services are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest, and you will indemnify us for any liability or expense we may incur in connection with such Sales Tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
- Withholding Taxes. All payments for the Services will be made free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
- Payment Disputes. You must notify us in writing at ____________within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived.
- Suspension of Service. If you fail to pay undisputed amounts in accordance with these Terms, we may, in addition to any of our other rights or remedies, suspend your access to the Service, without liability, until such amounts are paid in full.
- Indemnification and Liability
- You will indemnify, defend and hold us, our affiliates, if any, and our officers, directors, employees and agents (the “Indemnified Parties”) harmless from any claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from: (a) your use, misuse or abuse of the Services; or (b) Your Content. You will reasonably cooperate in our defense of any claim. We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not settle any matter without our written consent. This provision does not apply to any unconscionable commercial practice or for fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact by any Indemnified Party in connection with the Services.
- DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULLEST EXTENT PERMITTED BY LAW, ICX MEDIA EXPRESSLY DISCLAIMs ANY WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ICX MEDIA DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SERVICES.
- LIMITATION OF LIABILITY. ICX MEDIA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50.00). ANY CAUSE OF ACTION RELATED TO THE TERMS OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER IT ACCRUES OR SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
- ICX Media Defined. For purposes of this Section 7 only, “ICX MEDIA” includes our affiliates and subsidiaries, if any, and our third party services providers, suppliers, and vendors.
- Term and Termination.
- Term. The Terms commence on the earlier of the date when you accept them (as described in the preamble above), or the date you first used the Services, and remain in effect while you use the Services.
- Termination by Us. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if we are required to do so by law (e.g., where the provision of the Services becomes unlawful), we may, immediately and without notice, suspend or terminate any Services provided to you. All terminations for cause will be made in our sole discretion and we will not be liable to you or any third party for any termination of your Account for cause, except that, where we terminate the Services where required to do so by law, we will refund any prepaid Subscription Fees for the remainder of the term then in effect as of the date of termination.
- Termination by You. If you want to cancel a Services Subscription or terminate your Account entirely you may do so by going to the “Change / Cancel Membership” page of your “Account Settings” page or by contacting us via email at firstname.lastname@example.org. Unless otherwise instructed, cancellation of a Services Subscription will revert your Account to a Basic Account, not terminate your Account entirely.
- Effect of Termination. Termination or cancellation of any Services Subscription removes access to such Service but will not affect any other Services Subscription(s) (if applicable). Termination of your Account will remove access to all Services, including those accessible to Basic Accounts, and we will also delete your password, payment information and other personal information associated with your Account, including any authentication information related to SNS Accounts, and any of Your Content available on or through the Service (if applicable). Upon termination of any Services Subscription, your access to the relevant Services will terminate at the end of the then-current term (unless terminated for us by cause, in which case access will terminate immediately) and we will cease performing any functions related to the Services for your Account. We will have no liability for the consequences of any suspension or termination of your Account pursuant to these Terms, including for deletion of Your Content. All provisions of the Terms which by their nature should survive termination of the Services, including ownership provisions, indemnification obligations, warranty disclaimers, and limitation of liability, will do so.
- No Subsequent Registration. If we terminate your Account for your violation of the Terms, you will not attempt to re-register with or access the Services through creation of a new Account or otherwise. If you violate the immediately preceding sentence, we may, in our sole discretion, immediately take any of the actions set forth herein without advance notice to you.
- Jurisdiction, Governing Law and Dispute Resolution. These Terms, for all purposes, will be governed and interpreted according to the laws of the Commonwealth of Virginia, without giving effect to its conflicts of laws provisions that would require a different result.
- Any dispute that may not be brought in small claims court will be resolved by binding and confidential arbitration conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes and governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
- YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT FOR ANY DIPUTE ARISING UNDER THESE TERMS EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
- ANY CLAIMS BROUGHT BY EITHER PARTY MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
- The arbitration award will be final and binding upon the parties without appeal or review except as permitted by Commonwealth of Virginia law or United States federal law.
- Notwithstanding the foregoing (i) either party may bring an individual action in small claims court, and (ii) claims of (A) defamation, (B) violation of the Computer Fraud and Abuse Act, or (C) infringement or misappropriation of the other party’s intellectual property rights may be exclusively brought in the state or federal courts located in the Commonwealth of Virginia. The parties agree to submit to the exclusive personal jurisdiction of the courts located within the Commonwealth of Virginia for such purpose. A request for equitable relief will not be deemed a waiver of the right to arbitrate.
- With the exception of Section 9.1(b), if any part of Section 9.1 is deemed to be invalid or unenforceable for any reason then the balance of Section 9.1 will remain in effect. If, however, Section 9.1(b) is found to be invalid or unenforceable for any reason, then Section 9.1 will be null and void, neither party will be entitled to arbitration, and any claims relating to the Terms or Services will be exclusively brought in state or federal court in the Commonwealth of Virginia.
- Electronic Communications and Notice. You consent to receive operational communications from us electronically, including via email, text (if you have provided your cell phone number in connection with the Services) or our posting of notices on the site. You may cancel Services as set forth in Section 6.4. Communications intended to have legal effect should be sent to 1627 K St NW #600, Washington, DC 20006 by personal delivery, certified mail (postage pre-paid, return receipt requested), or a commercial courier requiring signature for delivery, and will be effective on receipt or when delivery is refused.
- International Users. The Services can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that we intend to announce such Services in your country. We control and offer the Services from our facilities in the United States of America. We make no representations that the Services are legal, appropriate or available for use in other locations.
- Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Modification of the Terms. We may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on the site. The date of the most recent revision will appear at the top of this page. If we have a working email contact for you and the changes to the Terms are material, we may notify you of such changes by sending an email to the address you have provided to us. We encourage you to review these Terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in our sole discretion and as posted to the site. Continued use of the Services constitutes acceptance of any modified Terms.
- If one or more portions of these Terms is held to be unenforceable, the remaining portions will remain in full force and effect.
- Headings and Construction. The headings used throughout these Terms are solely for convenience of reference and are not to be used as an aid in the interpretation of the Terms. As used herein, “may” means “has the right, but not the obligation to,” “including” means “including, without limitation,” and “will” means “is required to.”
- If we fail to enforce any provision of these Terms, it will not be considered consent to a breach of such provision or a waiver of our right to enforce such provision in the future.
- Entire Agreement. These Terms make up the entire agreement between you and us regarding the Services and supersede any prior agreements.
If you have any questions about these terms, contact us at email@example.com.