Terms & Contditions
1. Definitions
This is nothing
- "User includes “you or your"
- If you are a resident of or have your principle place of business in the US or Canada, this is an agreement between you and Myc2i, Inc. Otherwise, this is an agreement between you and Myc2i Ireland Limited. References to Myc2i, “us,” “we,” and “our” mean either Myc2i, Inc. or Myc2i Ireland Limited, as appropriate.
- "Myc2i" shall also mean and include all the features and services made available by Myc2i, including but not limited to the access and services provided through our website at www.Myc2i.org and any other or future website provided by Myc2i, in full or in part, such as sub-domains, international versions, widgets, and mobile versions. This also includes the Myc2i current or any future Platform or any other Myc2i current or future media, software , devices, or networks etc.
- "Platform" means a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Myc2i or provide data toMyc2i.
- "Information" means facts about you, provided by you, including your actions or operations.
- "Content" means anything, fact or otherwise, which is not included in the definition of Information, including anything you post on Myc2i."
- "Data" means any content and information that can be retrieved from Myc2i or provided to Myc2i, by a anyone, including third parties.
- "Post" or “Posting” means a placement or publication of anything on Myc2i or otherwise made available to Myc2i.
- "Use" means use, copy, publicly perform or display, distribute, modify, translate, and create or derivative works of.
- A "active registered user" is a person or individual who has logged into Myc2i at least once in the previous 30 days.
- "Application" means any application or website that utilizes or accesses Platform or any other form that receives data from Myc2i.
2. YOUR PRIVACY
YOUR CONTENT AND ACCOUNT INFO
Protecting your privacy is important to Myc2i, and Myc2i has instituted a Privacy Policy to meet the privacy demands of our users. Please read our Privacy Policy when making your decision to join our interactive website or to otherwise interact or access Myc2i. By joining or otherwise interacting or accessing Myc2i you acknowledge, agree and understand that you are the owner of all content and information you post on Myc2i and you are responsible for such content. Users of MyC2i have available to them privacy and application settings which will assist the User to protect the User’s content and to restrict and control access and sharing of the content posted by the User on MyC2i. Please be advised that with regard to posted content which may constitute intellectual property, if you join or otherwise interact with Myc2i, you agree to and grant Myc2i a non-exclusive, transferable, sub-licensable license to use such intellectual property which is royalty-free to be used worldwide. Such license would be subject to your specific privacy and application settings: Such license ends when you delete such content from Myc2i; however, please note that such deleted information may continue to exist in back up copies or in recycle bins. Also, it is should also be noted that if you have shared such content with others, such content may not be totally deleted., especially if you share such information in using other applications in conjunction with Myc2i, at which point that application will then dictate or control the access and dissemination of such information. When you use a third party application, your content and information may be shared with said application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Myc2i, to access and use that information, and to associate it with you (i.e., your name and profile picture).
No content shall be posted by a User of Myc2i if such posting would violate applicable state and federal intellectual or privacy law and/or violates any other cognizable rights held by a third party. Any such content shall be removed by Myc2i, subject to an opportunity to appeal. Repeated offences or violations of such rights will cause the Users account to be disabled. Users shall not infringe or violate all copyright, trademark and intellectual property rights held by Myc2i, including but not limited to Myc2i ‘s name and logos without specific written permission from Myc2i.
Advertising
-
First and foremost, Myc2i, will not give your information or your posted content to third party advertisers. Myc2i shall have the exclusive right to conduct and control advertising on its website. Myc2i may not always identify paid services and communications as such. The User can limit and control how their information is used as it relates to advertising. However, Users hereby grant Myc2i permission to use their name and profile picture in connection with Myc2i’s advertising and marketing endeavors, subject and according to the control limits utilized by the User under the privacy settings. Users that are located outside the United States and in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals shall not be allowed to advertise on Myc2i or otherwise engage in any commercial activity whatsoever on Myc2i. If you are a User from Germany, specific limitations apply and are available here.
As to those Users that are allowed to advertise, you may purchase ads to advertise on Myc2i or its publisher network. By placing an advertising order with Myc2i, such User agrees to the following:
- Such User will specify the advertisement in terms of content, type, along with a bid amount. Myc2i has the exclusive right to determine the size, placement, and positioning of the proposed advertising submission by the User. Myc2i will respond to your bid offer with an acceptance, along with applicable terms, or may reject your advertisement. Upon acceptance, such User is required to make payment according to the stated Payments Terms and must comply with all of the applicable terms required by Myc2i. Myc2i without cause has the exclusive and unlimited right to reject or otherwise remove any ad from Myc2i. All ad submissions shall comply with the Advertising Guidelines. A User has a right to cancel such User’s ad at any time. Upon notice of cancellation, Myc2i has 24 hours to cease the running of an ad, and the User is responsible for payment until the cancelation is completed. User grants a license to Myc2i to run the add upon acceptance. Such license will terminate upon completion of the advertising cycle of the User’s ad. Note, however, that any interaction by another user with your ad will cause such ad to continue or remain until such user deletes it. There are no representations, warranties or guarantees as to the marketing affect of the proposed ad or associated activity with such advertising. Myc2i has the exclusive and unlimited right to use the User’s ads and related content and information for marketing or promotional purposes. User shall not place any ads for another user or third party without obtaining authorization from such other user or third party. When the User places an ad submission to Myc2i, the User warrants and represents that such User has the legal authority to place the ad with Myc2i, including the authority to bind such other user or third party to any and all agreements with Myc2i
- The User should be aware that any proposed ad placed on Myc2i can be misused or misappropriated. Although Myc2i cannot totally protect from such misuse or fraud, Myc2i has instituted systems to protect from such activity, including but not limited to the use of certain filters. To learn more about such protections, click here. As set forth above there is no 100% protection guarantee from such fraudulent and wrongful activity.
- User understands and acknowledges that User is liable for any damages caused by the violation of any of the requirements and agreements with Myc2i.
3. Your Safety and Keeping Myc21 Secure
WE DO NOT GUARANTEE THAT MYC2I WILL BE SAFE OR SECURE.YOU USE MYC2I AT YOUR OWN RISK!
As the User is aware, there is no 100% guarantee of keeping our website safe from hackers and other cyber predators. Myc2i has instituted many safety and security protections and protocols to keep the its website safe as much as it can, and in doing so, Myc2i requires the following from its Users. As a User you are requested to assist in this endeavor by agreeing to do the following:
- Do not send or post spam or other commercial communications not authorized by MyC2i.
- Do not access MyC2i by remote or automated means, including but not limited to the collection of users or information through harvesting bots, robots, spiders, or scrapers. Any use of said means is prohibited without specific permission from Myc2i.
- Myc2i is not to be used by the user for any unlawful purposes.
- Do not upload any information that is not certified as safe and which contain any viruses.
- Do not solicit login information or access an account belonging to another user or someone else.
- You will not bully, intimidate, or harass any other user.
- You will not post content that is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements).
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on Myc2i without our prior written consent.
- You will not use Myc2i to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could adversely affect the operation of the Myc2i.
- You will not cause any other member or third party to violate the terms of this agreement, including but not limited to the privacy policy.
- All account and registration information you provide to Myc2i shall be true and correct and shall be kept current. Users shall not create an account on behalf of any third party without specific written permission from Myc2i.
- Users are limited to one personal profile and are not authorized to transfer User’s account to another party without written permission of Myc2i.
- Users of disabled accounts are not permitted to open a new account on Myc2i under a another or different name, without specific written permission of Myc2i.
- Users are prohibited from utilizing Myc2i for commercial purposes, subject to advertising rules set forth herein.
- Eligible users of Myc2i shall not be under thirteen years of age and shall not be a convicted sex offender.
- Users are not authorized to allow third party access to the User’s account on Myc2i that might jeopardize the security of such account.
- Any username selected by User may be removed at the discretion of MyC2i for any reason, with no rights of appeal.
Users are allowed to add to User’s web site a share link button to Myc2i subject to the following terms:
- You give us permission to use and allow others to use such links and content on Myc2i and you will not place a Share Link button on any page containing content that would violate this Agreement if posted on Myc2i.
4. Mobile Access and Services provided by Myc2i.
By accessing Myc2i’s mobile access protocol, User thereby transfers all rights to Myc2i that are necessary to allow such mobile access. Mobile access and services are provided by Myc2i free of charge, which will be provided to the specific mobile device specified by User to Myc2i. It is important that you keep this information current in order to protect the User’s privacy and to prevent inadvertent transmission of your information to those not authorized to receive such information. It is noted that fees and charges assessed by the User’s own mobile device carrier remain applicable and must be paid by the User according to the User’s contract or plan with his or her carrier.
5. Amendments to this Agreement.
Myc2i reserves the right to make amendments to this agreement at its sole discretion without comment or consent. A User cannot amend this agreement without the specific written consent from My2ci.
6. Termination
Myc2i has the unlimited right to terminate a User’s access to Myc2i without cause and may delete your account or disable your account and access rights at its sole discretion and without cause. The User will be notified of any such action by Myc2i. Please note that although Myc2i may terminate your account, the User remains obligated to the terms of this agreement and any such obligations will survive termination of the User’s account.
7. Disputes
- Any claim or dispute the User may have against Myc2i relating to or arising from this agreement may be brought only in Dallas County, Texas and the laws of the State of Texas and applicable federal shall govern.
- The User agrees to indemnity and hold Myc2i harmless for and from any and all claims, losses, damages, expenses, court costs, attorney’s fees and any other charges brought by any third party which relates to or arises from any of the User’s actions, content or any other information used or posted on Myc2i. Such User shall also pay for any and all reasonable attorney’s fees and costs incurred by Myc2i in defending or responding to any such third party claims or actions. MYC2I IS NOT LIABLE AND DOES NOT HAVE THE RESPONSIBILITY FOR THE ACTIONS, INACTIONS, CONTENT, INFORMATION, OR ANY OTHER DATA OR INFORMATION PROVIDED BY OR POSTED BY THE USER OR ANY THIRD PARTIES. THE USER RELEASES MYC2I, ITS DIRECTORS, OFFICERS, EMPLOYEES, ATTRONEYS AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THE USER HAS OR MAYHAVE AGAINST MYC2I ARISING FROM OR RELATED TO ANY THIRD PARTY CLAIM OR ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT AND USE OF MYC2I.
-
MEDIATION/ARBITRATION:
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE SERVICES PERFORMED BYMYC2I UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT, REGARDLESS OF WHETHER THE CONTROVERSY OR CLAIM AROSE BEFORE OR AFTER THE EXECUTION, TRANSFER OR ACCEPTANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR PERSONAL OR BODILY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY, SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AAA") AND SHALL BE CONDUCTED BY AAA. IF ADMINISTERED UNDER THE AAA RULES, A CLAIM SHALL BE DETERMINED UNDER THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES IN CASES WHERE SUCH PROCEDURES ARE APPLICABLE. ANY OTHER CONTROVERSY OR CLAIM SHALL BE DETERMINED UNDER THE AAA COMMERCIAL ARBITRATION RULES. THE CUSTOMER AND DINA/MYC2I AGREE THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW, INCLUDING THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE ARBITRATOR'S POWERS TO CONDUCT ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT SHALL BE LIMITED AS FOLLOWS: ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER PREMISES, AND WILL NOT PROCEED AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE ACTION. EITHER PARTY HAS THE RIGHT TO REQUIRE A PANEL OF THREE (3) ARBITRATORS, BUT IN THE ABSENCE OF THE PARTIES' AGREEMENT, THE REQUESTING PARTY SHALL BE RESPONSIBLE FOR THE COST OF THE ADDITIONAL ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT A PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD REQUEST AN ARBITRAL APPEAL TO AN APPEAL TRIBUNAL, CONSTITUTED IN THE SAME NUMBER AND BY THE SAME PROCESS AS THE INITIAL ARBITRATOR(S). THE APPEALING PARTY SHALL BE RESPONSIBLE FOR THE FILING FEE AND OTHER ARBITRATION FEES AND COSTS SUBJECT TO AWARD BY THE APPEAL TRIBUNAL UNDER APPLICABLE LAW. THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND FACT UNDER A CLEARLY ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF. CUSTOMER AND DINA/MYC2I ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. BEFORE HAVING RECOURSE TO ARBITRATION, CUSTOMER AND DINA/MYC2I EACH AGREES TO TRY IN GOOD FAITH TO SETTLE ANY CONTROVERSY OR CLAIM BY AT LEAST FOUR (4) HOURS OF MEDIATION ADMINISTERED UNDER THE AAA COMMERCIAL MEDIATION RULES WITH DINA/MYC2I AGREEING TO PAY THE COSTS OF THE MEDIATION. THE AAA MAY BE CONTACTED AT THE TOLL FREE NUMBER 800.788.7879, OR THROUGH THE FOLLOWING WEBSITE; http://www.adr.org.
8. WARRANTIES AND REPRESENTATIONS
MYC2I IS BEING PROVIDED TO ITS USERS ON AN “AS IS” BASIS. MYC2I DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED AS TO ITS WEBSITE AND/OR TO ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OR ANY OTHER IMPLIED WARRANTIES OF ANY KIND OR NATURE. IF YOU ARE A RESIDENT OF A STATE WHICH RESTRICTS WAIVERS AND RELEASES, YOU HEREBY WAIVE, TO THE EXTENT PERMITEED BY LAW, SUCH RESTRICTIONS, INCLUDING BUT NOT LIMITED TO THE STATE OF CALIFORNIA. IF YOU ARE A RESIDENT OF CALIFORNIA YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MYC2I,
9. LIMITATION OF LIABILITY
TO THE EXTENT MYC2I MAY BE LIABLE FOR ANY CLAIMS FILED AGAINST IT, MYC2I’S LIABILITY IS LIMITED IN THE AGGREGATE AMOUNT NOT TO EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT THE USER HAS PAID TO MYC2I IN THE PREVIOUS TWELVE MONTH PERIOD FROM THE DATE OF ANY SUCH CLAIM. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW SUCH A LIMITATION MYC2I'S LIABILITY WILL BE LIMITED AS PERMITTED BY APPLICABLE LAW.
10. Miscellaneous terms.
- This agreement constitutes the entire agreement between the parties regarding Myc2i, and supersedes any prior agreements.
- If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
- Failure to to enforce any term or terms of this Agreement will not be considered a waiver.
- Any and all rights or obligations of a User under the agreement are not transferable without the specific written consent of Myc2i.
- Myc2i reserves the right to freely assign any of its rights and obligations .
- Nothing in this Agreement shall prevent Myc2i from complying with any applicable and binding law or statute.
- This agreement is strictly between the parties hereto and does not confer any third party beneficiary rights.
11. Terms of Payments
Payments made to Myc2i are subject to Myc2i Payments Terms.