We at Mediasoftpro.com (“we”, “our”, “us” and “MediaSoftPro”) run a web service where you (the terms “you”, “your”, and “yours” shall refer to any and all users of our website (the “User”)) can access and purchase our products and services right from your web browser (the “Service”). We would love for you to use our Service located at https://mediasoftpro.com/ (the “Site”). We offer free and paid products and we try our best to make it possible for you to pursue your creative expression in the way you see fit. Continue reading to understand what is prohibited and our payment policy.
Terms of Service:
The following terms and conditions govern all use of the Site and all content, services, and products available at or through the Site, including, but not limited to, MediaSoftPro Free ("free accounts"). The content displayed on the Site (the “Site Content”), has copyrighted protection under the laws of the United States and other copyright laws and MediaSoftPro is the sole exclusive owner of such Site Content. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Site Content from the different areas of the Site only for non-commercial use unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site. You agree not to use any MediaSoftPro logo or any other proprietary graphic or trademark without our express written consent. As between the parties, title, ownership rights, and intellectual property rights in and to the Site Content, and any copies or portions thereof, shall remain in MediaSoftPro and/or its content providers. Third-party trademarks, service marks, and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
Your access to the Service is licensed and not sold. Subject to the terms of this Agreement and upon your registration for an account (as applicable), MediaSoftPro hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Services and the Site.
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this agreement. If these terms and conditions are considered an offer by MediaSoftPro, acceptance is expressly limited to these terms. The Site is available only to individuals who are at least 13 years old and you represent that you are over the age of 13 and have the power, authority, or consent to enter into and perform your obligations under the Agreement.
- Your MediaSoftPro Account and Site. If you create an account on the Site, you are responsible for maintaining the security of your account and your purchased products, and you are fully responsible for all activities that occur under the account. You agree to: (a) provide true, accurate, current, and complete information about yourself when registering for an account including credit card information (if applicable), (b) authorize MediaSoftPro to charge your credit card for all fees, as applicable, and (c) not describe or assign keywords to your posted contents (any type of data you input) in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. MediaSoftPro may change or remove, in its sole discretion, any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MediaSoftPro liability. You must immediately notify MediaSoftPro of any unauthorized uses of your purchased products and data, your account or any other breaches of security. MediaSoftPro will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. If you provide any information that is untrue, inaccurate, not current or incomplete, or MediaSoftPro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- Responsibility of Contributors. If you operate an account with purchased products, posted topics and contents, upload or display material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), 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, a video file, or computer software. By using the Service and/or making Content available, you represent and warrant that:
- the posting, 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 (a) received permission from your employer to post or make available the Content, including but not limited to any software, or (b) 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, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- your use of the Service and/or your Content is not harmful, abusive, harassing, obscene, libelous, fraudulent, deceptive or pornographic, does not contain threats or incite violence, and does not violate the legal, privacy, or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
- your Content does adversely affects or reflects negatively on MediaSoftPro’s goodwill, name, or reputation or causes duress, distress, or discomfort to MediaSoftPro or anyone else, or discourages any person, firm, or enterprise from using all or any portion, feature, or function of the Site, or from advertising, linking or becoming a supplier to use in connection with the Site;
- you will not act, or fail to act, in your use of the Service, in a manner that is contrary to applicable law or regulation;
- your Content is not named in a way that misleads your readers into thinking that you are another person or company. For example, your deck URLs or name is not the name of a person other than yourself or a company other than your own; 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 MediaSoftPro or otherwise.
- Content and Ownership. By submitting Content to MediaSoftPro, you (a) grant MediaSoftPro a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your decks, and (b) further acknowledge and agree that your name and/or likeness may be associated your Content and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your name and likeness in association with your Content; provided, however, that subsections (a) and (b) of this Section 3 will not be applicable to any Content that you expressly keep as private, and which you do not post, upload or display in any public forum or to the public through the Service or Site. In addition, you acknowledge and agree that:
- By setting your Content to be viewed publicly, you agree to allow others to view and fork (make a copy) of your data.
- You shall have no recourse against MediaSoftPro for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us (if any).
- If you comment on a Content, no compensation will be paid with respect to the use of your comments, as provided herein, and we may remove any comment at any time in our sole discretion.
- If you delete Content, MediaSoftPro will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable and that MediaSoftPro may retain archived copies of the Content.
- Without limiting any of those representations or warranties, MediaSoftPro has the right (though not the obligation) to, in MediaSoftPro’s sole discretion (a) refuse or remove any deck and/or Content that, in MediaSoftPro’s reasonable opinion, violates any MediaSoftPro policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Site and/or Service to any individual or entity for any reason, in MediaSoftPro’ sole discretion. MediaSoftPro will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
- While purchasing our products, we don't use any payment methods directly on the website to facilitate the buying process. Instead, we are using third-party software vendor services "Share-It", and "Regnow" to facilitate you to buy our product directly through their websites. After purchasing the product, these software vendors share non-sensitive data with our website.
- We don't collect sensitive data like customer credit card information.
- We offer a one-year free upgrade with every product unless there is an additional life-time upgrade option chosen. After one year, customers have to pay 30% of product fees to upgrade the renewal option for one more year.
- We offer a full refund policy till 60 days after purchase.
- Responsibility of Site Visitors. MediaSoftPro has not reviewed, and cannot review, all of the material, including User Content, products, and computer software, posted to the Site, and cannot, therefore, be responsible for that material’s content, use, or effects. Any opinions expressed on the Site are the personal opinions of the original author and not of MediaSoftPro, even though the original author may be employed by MediaSoftPro. By operating the Site, MediaSoftPro 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 Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The 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. MediaSoftPro disclaims any responsibility, and you agree that MediaSoftPro is not responsible or liable, for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MediaSoftPro links, and that link to MediaSoftPro. MediaSoftPro does not have any control over those non-MediaSoftPro websites and webpages and is not responsible for their contents or their use. By linking to a non-MediaSoftPro website or webpage, MediaSoftPro does not represent or imply that it endorses such website or webpage. 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. MediaSoftPro disclaims any responsibility for any harm resulting from your use of non-MediaSoftPro websites and webpages and you agree that MediaSoftPro is not (a) liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party websites, and (b) responsible for any form of transmission received from any link, nor is MediaSoftPro responsible if any of these links are not working appropriately.
- Copyright Infringement and DMCA Policy. As MediaSoftPro 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 MediaSoftPro violates your copyright, you are encouraged to notify MediaSoftPro as stated herein. MediaSoftPro will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MediaSoftPro will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MediaSoftPro or others. In the case of such termination, MediaSoftPro will have no obligation to provide a refund of any amounts previously paid to MediaSoftPro. To make a claim, please provide the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- A description of the copyrighted work or other intellectual property that You claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit MediaSoftPro to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be directed to us at firstname.lastname@example.org.
- Intellectual Property. This Agreement does not transfer from MediaSoftPro to you any MediaSoftPro or third-party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with MediaSoftPro. Trademarks, service marks, graphics, and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any MediaSoftPro or third-party trademarks.
- Advertisements. MediaSoftPro reserves the right to display advertisements on your Content.
- Changes. MediaSoftPro 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 Site following the posting of any changes to this Agreement constitutes acceptance of those changes. MediaSoftPro may also, in the future, offer new services and/or features through the 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.
- Termination. MediaSoftPro may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MediaSoftPro account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, waiver and release, indemnity, and limitations of liability.
- Disclaimer of Warranties. The Site is provided “as is”. MediaSoftPro 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 MediaSoftPro nor its suppliers and licensors, make any warranty that the Site will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. MEDIASOFT PRO MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
- Waiver and Release. You agree that neither MediaSoftPro nor its officers, directors, employees, agents, licensors, or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Services or the Site. You specifically acknowledge that MediaSoftPro shall not be liable for Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You hereby release and forever waive any and all claims you may have against MediaSoftPro, its officers, directors, employees, agents, licensors, or suppliers (including, but not limited to, claims based upon the negligence of MediaSoftPro, its officers, directors, employees, agents, licensors or suppliers) for losses or damages you sustain in connection with your use of the Site or the Services.
- Limitation of Liability. Notwithstanding the foregoing paragraph, in no event will MediaSoftPro, 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 (a) any special, incidental, punitive or consequential damages; (b) the cost of procurement for substitute products or services; (c) for interruption of use or loss or corruption of data; or (d) for any amounts that exceed the fees paid by you to MediaSoftPro under this agreement during the twelve (12) month period prior to the cause of action. MediaSoftPro 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.
- Indemnification. You agree to indemnify and hold harmless MediaSoftPro, its officers, directors, employees, 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 (or by any person accessing the Site using your account) of the Site (including infringement of third parties’ worldwide intellectual property rights), including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between MediaSoftPro and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MediaSoftPro. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of New York, U.S.A., 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 Kings County, NY. 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 New York, NY, 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 party's 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. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by its terms and conditions; MediaSoftPro may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Mediasoft.com can be reached at email@example.com.
Effective as of 01-25-2007