Terms of Service

Terms, Conditions and Service Agreement for Media 65 

Terms, Conditions and Service Agreement for Media 65

Welcome to Media 65.

Before registering for Media 65 services,

you must read and agree to the following:

1. Terms of Service for all of Media 65 services

1.1 You understand and agree that Media 65 services are provided to registered users ("you" or "User" or, collectively, "Users") exclusively under Media 65 Terms of Service. By completing the registration process and clicking the "I accept" button, you are stating that you are an adult (18 years or older), that you have read and understand the Terms of Service, that your agree to be bound by the Terms of Service in effect and as updated by Media 65 from time to time. Check this page to obtain the most current version of the Terms of Service.

1.2 Media 65 reserves the right to terminate any User's account if Media 65 learns that such User has provided Media 65 with false or misleading registration information or has violated the Terms of Service.

1.3 Under Media 65 privacy policy, Media 65 may disclose to third parties certain aggregate information contained in Users' registration applications.

1.4 Media 65 may modify or discontinue its services or any User's account with or without notice to any User, without liability to any User or any third party.

1.5 You understand and agree that Media 65 services are provided "as is".

1.6 You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Media 65 of any unauthorized use of your account.

1.7 YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF Media 65 SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Media 65 SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

1.8 Media 65 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

1.9 Media 65 MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Media 65 SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MEDIA 65 SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH Media 65 SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH Media 65 SERVICES OR THAT Media 65 SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

1.10 Media 65 WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE Media 65 SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Media 65 SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Media 65 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

1.11 You agree to indemnify, defend and hold harmless Media 65 , its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of Media 65 services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

1.12 The Terms of Service will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of laws provisions or your actual state or country of residence.

1.13 The Terms of Service will inure to the benefit of Media 65 successors, assigns and licensees.

1.14 Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Media 65

1.15 If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

1.16 The Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

2. Additional Terms of Service for Media 65 "Future Option"

2.1 Media 65 does not, and cannot, monitor, censor or edit the contents of Users' email messages. Users alone are responsible for the contents of their messages and the consequences of any such messages.

2.2 You agree that you will not use Media 65 Mail for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use Media 65 Mail to send any message or material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

2.3 Media 65 assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store email messages.

2.4 Media 65 and/or third parties may, from time to time, send email messages to Users containing advertisements, promotions, etc. Media 65 makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained in response to such email messages and User agrees that Media 65 shall not have any liability with respect thereto.

3. Additional Terms of Service for Bulletin Boards "Future Option"

3.1 You agree to comply with Media 65 Community Standards, which may be found at Media 65

3.2 Users alone are responsible for the contents of their bulletin board postings and the consequences of any such bulletin board postings.

3.3 You agree that you will not use bulletin boards for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use bulletin boards to post any message or material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

3.4 Media 65 assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store bulletin board postings.

3.5 You agree to use bulletin boards only to send and receive messages and material that are proper and related to the particular bulletin board topic. By way of example, and not as a limitation, you agree that when using a bulletin board, you will not do any of the following:

3.5.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

3.5.2 Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;

3.5.3 Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

3.5.4 Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

3.5.5 Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters; or

3.5.6 Download any file posted by another user of a bulletin board that you know, or reasonably should know, cannot be legally distributed in such manner.

3.6 You acknowledge that all bulletin board postings are public and not private communications.

3.7 Media 65 reserves the right for any reason to remove without notice any bulletin board posting, but has no obligation to delete content that you may find objectionable or offensive.
4.0 PURCHASE OR USE OF OUR PRODUCTS OR SERVICES
Your purchase or use of our products or services implies that you have read and accepted these Terms and Conditions.

4.1 LICENSE
Our website grants you non-exclusive limited license to use the web templates and other products and services sold through our web site by Media 65 or it’s providers (the "products") in accordance with these Terms and Conditions (the "license") issued by our company

4.2 LIMITED USAGE GRANTED
You may use each individual product and its elements on a single website only, belonging to either you or your client. You have to purchase the same product or service once more in order to make another project with the same design which includes layout, code, images, clipart & fonts or design elements of any kind of separate usage or distribution is prohibited.

4.3 MODIFICATIONS
You are authorized to make any necessary modification(s) to our products to fit your purposes

4.4 UNAUTHORIZED USE
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.

4.5 ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from our company.

4.6 OWNERSHIP
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Media 65 or its providers. Our products are provided "as is" without warranty of any kind, either expressed or implied.

4.7 OUR REFUND POLICY
Since Media 65 is offering non-tangible irrevocable goods we do not issue refunds after the product is downloaded.

4.8 ANTIFRAUD CHECK
Customer purchase can be suspended for manual antifraud check for any amount of time. As well as it can be Canceled. Antifraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchases.

Media 65 reserves to right to change these terms and any other policies at any time.

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Media 65. All rights reserved.
Please send your questions, comments, or bug reports to the Webmaster.