TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF
SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES,
YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE
CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE.
IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE
DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT
IS EFFECTIVE AS OF 12/14/2023.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement
(the "TOS") is a legally binding agreement that shall govern the
relationship with our users and others which may interact or interface
with AI MEGABIT, also known as MEGABIT, located at 7780 NW 25th
St Fl 33122, Doral, Florida 33122 and our subsidiaries and
affiliates, in association with the use of the MEGABIT website, which
includes aimegabit.com, (the "Site") and its Services, which shall be
defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a social networking
website which has the following description:
Serve as a central online platform that
facilitates various functions and interactions related to decentralized
financial services. The website plays a crucial role in conveying information,
building trust, and providing a user-friendly interface for individuals to
engage with AI MEGABIT
Any and all visitors to our site, despite
whether they are registered or not, shall be deemed as "users"
of the herein contained Services provided for the purpose of this TOS. Once
an individual register's for our Services, through the
process of creating an account, the user shall then be considered a
"member."
The user and/or
member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile
applications and that those applications may be made available on various
social media networking sites and numerous other platforms and downloadable
programs, are the sole property of AI MEGABIT. At its
discretion, AI MEGABIT may offer additional website Services and/or
products, or update, modify or revise any current content and Services, and this
Agreement shall apply to any and all additional Services and/or products and
any and all updated, modified or revised Services unless otherwise
stipulated. AI MEGABIT does hereby reserve the right to cancel and
cease offering any of the aforementioned Services and/or products. You, as the
end user and/or member, acknowledge, accept and agree that AI
MEGABIT shall not be held liable for any such updates, modifications,
revisions, suspensions or discontinuance of any of our Services and/or
products. Your continued use of the Services provided, after such posting of
any updates, changes, and/or modifications shall constitute your acceptance of
such updates, changes and/or modifications, and as such, frequent review of
this Agreement and any and all applicable terms and policies should be made by
you to ensure you are aware of all terms and policies currently in effect.
Should you not agree to the updated, revised or modified terms, you must stop
using the provided Services forthwith.
Furthermore, the user and/or
member understands, acknowledges and agrees that the Services offered
shall be provided "AS IS" and as such AI MEGABIT shall not
assume any responsibility or obligation for the timeliness, missed delivery,
deletion and/or any failure to store user content, communication or
personalization settings.
REGISTRATION
To register and become a
"member" of the Site, you must be at least 18 years of age to enter
into and form a legally binding contract. In addition, you must be in good
standing and not an individual that has been previously barred from
receiving MEGABIT's Services under the laws and statutes of the United
States or other applicable jurisdiction.
When you register, MEGABIT may
collect information such as your name, e-mail address, birth date, gender,
mailing address, occupation, industry and personal interests. You can edit your account information at any time.
Once you register with MEGABIT and sign in to our Services, you are
no longer anonymous to us.
Furthermore, the registering party hereby
acknowledges, understands and agrees to:
a) furnish
factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b) maintain
and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any
information of a false, untrue, inaccurate or incomplete nature, AI
MEGABIT will have sufficient grounds and rights to suspend or terminate
the member in violation of this aspect of the Agreement, and as such refuse any
and all current or future use of AI MEGABIT Services, or any portion
thereof.
It is AI MEGABIT's priority to ensure
the safety and privacy of all its visitors, users and members, especially that
of children. Therefore, it is for this reason that the parents of any child
under the age of 13 that permit their child or children access to
the MEGABIT website platform Services must create a
"family" account, which will certify that the individual creating the
"family" account is of 18 years of age and as such, the parent or
legal guardian of any child or children registered under the "family"
account. As the creator of the "family" account, s/he is thereby
granting permission for his/her child or children to access the various
Services provided, including, but not limited to, message boards, email, and/or
instant messaging. It is the parent's and/or legal guardian's responsibility to
determine whether any of the Services and/or content provided are
age-appropriate for his/her child.
PRIVACY POLICY
Every member's registration data and
various other personal information are strictly protected by the AI
MEGABIT Online Privacy Policy (see the full Privacy Policy at aimegabit.com/privacypolicy). As a member, you herein consent to the
collection and use of the information provided, including the transfer of
information within the United States and/or other countries for storage,
processing or use by AI MEGABIT and/or our subsidiaries and
affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND
SECURITY
When you set up an account, you are the
sole authorized user of your account. You shall be responsible for maintaining
the secrecy and confidentiality of your password and for all activities that
transpire on or within your account. It is your responsibility for any act or
omission of any user(s) that access your account information that, if
undertaken by you, would be deemed a violation of the TOS. It shall be your
responsibility to notify AI MEGABIT immediately if you notice any
unauthorized access or use of your account or password or any other breach of
security. AI MEGABIT shall not be held liable for any loss and/or
damage arising from any failure to comply with this term and/or condition of
the TOS.
CONDUCT
As a user or member of the Site, you
herein acknowledge, understand and agree that all information, text, software,
data, photographs, music, video, messages, tags or any other content, whether
it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short,
this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of
the MEGABIT Services, and as such, we do not guarantee the accuracy,
integrity or quality of such content. It is expressly understood that by use of
our Services, you may be exposed to content including, but not limited to, any
errors or omissions in any content posted, and/or any loss or damage of any
kind incurred as a result of the use of any content posted, emailed,
transmitted or otherwise made available by MEGABIT.
Furthermore, you herein agree not to make
use of AI MEGABIT's Services for the purpose of:
a) uploading,
posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing
harm to minors in any manner whatsoever;
c) impersonating
any individual or entity, including, but not limited to,
any MEGABIT officials, forum leaders, guides or hosts or falsely
stating or otherwise misrepresenting any affiliation with an individual or
entity;
d) forging
captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or
fiduciary relationship with;
e) uploading,
posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f) uploading,
posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance
with any contractual or fiduciary relationship;
g) uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail,"
"spam," or any other form of solicitation, except in any such areas
that may have been designated for such purpose;
h) uploading,
posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs
which have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment;
i) disrupting
the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real time
interactions;
j) interfering
with or disrupting any AI MEGABIT Services, servers and/or networks
that may be connected or related to our website, including, but not limited to,
the use of any device software and/or routine to bypass the robot exclusion
headers;
k) intentionally
or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or
regulations decreed by the U.S. Securities and Exchange Commission, in addition
to any rules of any nation or other securities exchange, that would include
without limitation, the New York Stock Exchange, the American Stock Exchange,
or the NASDAQ, and any regulations having the force of law;
l) providing
informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States
government as a "foreign terrorist organization" in accordance to
Section 219 of the Immigration Nationality Act;
m) "stalking"
or with the intent to otherwise harass another individual; and/or
n) collecting
or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set
forth in the aforementioned paragraphs.
AI MEGABIT herein reserves the right
to pre-screen, refuse and/or delete any content currently available through our
Services. In addition, we reserve the right to remove and/or delete any such
content that would violate the TOS or which would otherwise be considered
offensive to other visitors, users and/or members.
AI MEGABIT herein reserves the right
to access, preserve and/or disclose member account information and/or content
if it is requested to do so by law or in good faith belief that any such action
is deemed reasonably necessary for:
a) compliance
with any legal process;
b) enforcement
of the TOS;
c) responding
to any claim that therein contained content is in violation of the rights of
any third party;
d) responding
to requests for customer service; or
e) protecting
the rights, property or the personal safety of AI MEGABIT, its visitors,
users and members, including the general public.
AI MEGABIT herein reserves the right
to include the use of security components that may permit digital information
or material to be protected, and that such use of information and/or material
is subject to usage guidelines and regulations established by AI
MEGABIT or any other content providers supplying content services
to AI MEGABIT. You are hereby prohibited from making any attempt to
override or circumvent any of the embedded usage rules in our Services.
Furthermore, unauthorized reproduction, publication, distribution, or
exhibition of any information or materials supplied by our Services, despite
whether done so in whole or in part, is expressly prohibited.
CAUTIONS
FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet,
through the use of our network you hereby agree to comply with all local rules
relating to online conduct and that which is considered acceptable Content.
Uploading, posting and/or transferring of software, technology and other
technical data may be subject to the export and import laws of the United
States and possibly other countries. Through the use of our network, you thus
agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html),
as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are
not on the list of prohibited individuals which may be identified on any
government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited
country identified in applicable export and import laws and regulations;
b) agree
not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
c) agree
not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and
d) agree
not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.
CONTENT
PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
AI MEGABIT shall not lay claim to
ownership of any content submitted by any visitor, member, or user, nor
make such content available for inclusion on our website Services. Therefore,
you hereby grant and allow for AI MEGABIT the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
a) The
content submitted or made available for inclusion on the publicly accessible
areas of AI MEGABIT's sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services is for the sole purpose of providing and
promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a
member of AI MEGABIT's sites, and shall terminate at such time when you
elect to discontinue your membership.
b) Photos,
audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of AI MEGABIT's sites, the license provided to
permit to use, distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services are for the sole purpose
of providing and promoting the specific area in which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of AI MEGABIT's sites and shall terminate at such time
when you elect to discontinue your membership.
c) For
any other content submitted or made available for inclusion on the publicly
accessible areas of AI MEGABIT's sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or
later developed.
Those areas which may be deemed
"publicly accessible" areas of AI MEGABIT's sites are those such
areas of our network properties which are meant to be available to the general
public, and which would include message boards and groups that are openly
available to both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
AI MEGABIT provides an area for our
users and members to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a) your
contributions do not contain any type of confidential or proprietary
information;
b) MEGABIT shall
not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) MEGABIT shall
be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the
contributor's Contributions shall automatically become the sole property
of MEGABIT; and
e) MEGABIT is
under no obligation to either compensate or provide any form of reimbursement
in any manner or nature.
INDEMNITY
All users and/or
members herein
agree to insure and hold AI MEGABIT, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to,
reasonable attorney fees made by any third party which may arise from any
content a member or user of our site may submit, post, modify,
transmit or otherwise make available through our Services, the use
of MEGABIT Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any
such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees
not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to MEGABIT's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that AI
MEGABIT may set up any such practices and/or limits regarding the use of
our Services, without limitation of the maximum number of days that any email,
message posting or any other uploaded content shall be retained by AI
MEGABIT, nor the maximum number of email messages that may be sent and/or
received by any member, the maximum volume or size of any email message that
may be sent from or may be received by an account on our Service, the maximum
disk space allowable that shall be allocated on AI MEGABIT's servers on
the member's behalf, and/or the maximum number of times and/or duration that
any member may access our Services in a given period of time. In
addition, you also agree that AI MEGABIT has absolutely no
responsibility or liability for the removal or failure to maintain storage of
any messages and/or other communications or content maintained or transmitted
by our Services. You also herein acknowledge that we reserve the right to
delete or remove any account that is no longer active for an extended period of
time. Furthermore, AI MEGABIT shall reserve the right to modify,
alter and/or update these general practices and limits at our discretion.
MODIFICATIONS
AI MEGABIT shall reserve the right at
any time it may deem fit, to modify, alter and or discontinue, whether
temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third
party for any such alteration, modification, suspension and/or discontinuance
of our Services, or any part thereof.
TERMINATION
As a member of aimegabit.com, you may
cancel or terminate your account, associated email address and/or access to our
Services by submitting a cancellation or termination request
to [email protected].
As a member, you agree that AI
MEGABIT may, without any prior written notice, immediately suspend,
terminate, discontinue and/or limit your account, any email associated with
your account, and access to any of our Services. The cause for such
termination, discontinuance, suspension and/or limitation of access shall
include, but is not limited to:
a) any
breach or violation of our TOS or any other incorporated agreement, regulation
and/or guideline;
b) by
way of requests from law enforcement or any other governmental agencies;
c) the
discontinuance, alteration and/or material modification to our Services, or any
part thereof;
d) unexpected
technical or security issues and/or problems;
e) any
extended periods of inactivity;
f) any
engagement by you in any fraudulent or illegal activities; and/or
g) the
nonpayment of any associated fees that may be owed by you in connection with
your aimegabit.com account Services.
Furthermore, you herein agree that any and
all terminations, suspensions, discontinuances, and or limitations of access
for cause shall be made at our sole discretion and that we shall not be liable
to you or any other third party with regards to the termination of your
account, associated email address and/or access to any of our Services.
The termination of your account with
aimegabit.com shall include any and/or all of the following:
a) the
removal of any access to all or part of the Services offered within
aimegabit.com;
b) the
deletion of your password and any and all related information, files, and any
such content that may be associated with or inside your account, or any part
thereof; and
c) the
barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings
with, or the participation in any promotions of, advertisers located on or
through our Services, which may include the payment and/or delivery of such
related goods and/or Services, and any such other term, condition, warranty
and/or representation associated with such dealings, are and shall be solely
between you and any such advertiser. Moreover, you herein agree that AI
MEGABIT shall not be held responsible or liable for any loss or damage of
any nature or manner incurred as a direct result of any such dealings or as a
result of the presence of such advertisers on our website.
LINKS
Either AI MEGABIT or any third
parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any
such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other
materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that AI MEGABIT shall not be
responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree
that AI MEGABIT's Services and any essential software that may be used in
connection with our Services ("Software") shall contain proprietary
and confidential material that is protected by applicable intellectual property
rights and other laws. Furthermore, you herein acknowledge and agree that any Content
which may be contained in any advertisements or information presented by and
through our Services or by advertisers is protected by copyrights, trademarks,
patents or other proprietary rights and laws. Therefore, except for that which
is expressly permitted by applicable law or as authorized by AI
MEGABIT or such applicable licensor, you agree not to alter, modify,
lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform
and/or created any plagiaristic works which are based on AI
MEGABIT Services (e.g. Content or Software), in whole or part.
AI MEGABIT herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not
to alter or change the Software in any manner, nature or form, and as such, not
to use any modified versions of the Software, including and without limitation,
for the purpose of obtaining unauthorized access to our Services. Lastly, you
also agree not to access or attempt to access our Services through any means
other than through the interface which is provided by AI MEGABIT for
use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE
THAT:
a) THE
USE OF AI MEGABIT SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU.
OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR
"AS AVAILABLE" BASIS. AI MEGABIT AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) AI
MEGABIT AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) AI
MEGABIT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) AI
MEGABIT SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF
THE AI MEGABIT SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH
MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET
YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL
BE CORRECTED.
c) ANY
INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF AI
MEGABIT SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND
SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY
AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA
THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO
ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM AI MEGABIT OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON
A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR
SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND
AGREE THAT AI MEGABIT AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY
HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT
FROM:
a) THE
USE OR INABILITY TO USE OUR SERVICE;
b) THE
COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS
OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree
to release AI MEGABIT (and its officers, directors, employees,
agents, parent subsidiaries, affiliates, co-branders, partners and any other
third parties) from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected or unsuspected, disclosed
and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL
MATTERS
Should you intend to create or to join any
service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments
or securities, please review the above Sections Warranty Disclaimers and
Limitations of Liability again. In addition, for this particular type of
information, the phrase "Let the investor beware" is
appropriate. AI MEGABIT's content is provided primarily for informational
purposes, and no content that shall be provided or included in our Services is
intended for trading or investing purposes. AI MEGABIT and our
licensors shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted and/or made available by way of our
Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and
agree, unless otherwise expressly provided in this TOS, that there shall be no
third-party beneficiaries to this agreement.
NOTICE
AI MEGABIT may furnish you with
notices, including those with regards to any changes to the TOS, including but
not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be
herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your
acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed
our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and
agree that all of the AI MEGABIT trademarks, copyright, trade name,
service marks, and other AI MEGABIT logos and any brand features,
and/or product and service names are trademarks and as such, are and shall
remain the property of AI MEGABIT. You herein agree not to display and/or
use in any manner the AI MEGABIT logo or marks without obtaining AI
MEGABIT's prior written consent.
COPYRIGHT
OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
&
PROCEDURES
AI MEGABIT will always respect the
intellectual property of others, and we ask that all of our users do the same.
With regards to appropriate circumstances and at its sole discretion, AI
MEGABIT may disable and/or terminate the accounts of any user who violates
our TOS and/or infringes the rights of others. If you feel that your work has
been duplicated in such a way that would constitute copyright infringement, or
if you believe your intellectual property rights have been otherwise violated,
you should provide to us the following information:
a) The
electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;
b) A
description of the copyrighted work or other intellectual property that you
believe has been infringed upon;
c) A
description of the location of the site which you allege has been infringing upon
your work;
d) Your
physical address, telephone number, and email address;
e) A
statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;
f) And
finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner's behalf.
The AI MEGABIT Agent for notice
of claims of copyright or other intellectual property infringement can be
contacted as follows:
Mailing Address:
AI MEGABIT
Attn: Copyright Agent
7780 NW 25th St Fl 33122
Doral, Florida 33122
Telephone: +447828562923
Email: [email protected]
CLOSED CAPTIONING
BE IT KNOWN, that AI
MEGABIT complies with all applicable Federal Communications Commission
rules and regulations regarding the closed captioning of video content. For
more information, please visit our website at aimegabit.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement
between you and AI MEGABIT and shall govern the use of our Services,
superseding any prior version of this TOS between you and us with respect
to AI MEGABIT Services. You may also be subject to additional terms
and conditions that may apply when you use or purchase certain other AI
MEGABIT Services, affiliate Services, third-party content or third-party
software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you
and AI MEGABIT with regard to the TOS that the relationship between
the parties shall be governed by the laws of the state
of Florida without regard to its conflict of law provisions and that
any and all claims, causes of action and/or disputes,
arising out of or relating to the TOS, or the relationship between you
and AI MEGABIT, shall be filed within the courts having jurisdiction
within the County of United Kingdom, Florida or the U.S.
District Court located in said state. You and AI MEGABIT agree to
submit to the jurisdiction of the courts as previously mentioned, and agree to
waive any and all objections to the exercise of jurisdiction over the parties
by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should AI
MEGABIT fail to exercise or enforce any right or provision of the TOS,
such failure shall not constitute a waiver of such right or provision. If any
provision of this TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP
NON-TRANSFERABILITY
You acknowledge, understand and agree that
your account is non-transferable and any rights to your ID and/or contents
within your account shall terminate upon your death. Upon receipt of a copy of
a death certificate, your account may be terminated and all contents therein
permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that
regardless of any statute or law to the contrary, any claim or action arising
out of or related to the use of our Services or the TOS must be filed
within Two year(s) after said claim or cause of action arose or shall
be forever barred.
VIOLATIONS
Please report any and all violations of
this TOS to AI MEGABIT as follows:
Mailing Address:
AI MEGABIT
7780 NW 25th St Fl 33122
Doral, Florida 33122
Telephone: +447828562923
Email: [email protected]