Terms and Conditions of Service

Terms and Conditions

Last Updated: June 16, 2024

Introduction

These terms and conditions establish the agreement between you, the Customer ("Customer"), and MacMillan Interactive Communications, LLC ("Company"). These terms govern the Customer's use of any of the Company's products and/or services, which include, but are not limited to, websites, digital software, services, apps, and any other products and/or services, including the content therein. The Customer's use of the Company's products and/or services constitutes the Customer's full acceptance of these terms and conditions.

Agreement to Terms

By purchasing and using the Company's products and/or services the Customer agrees to abide by the terms and conditions outlined in this agreement (the "Agreement"). This Agreement is a legally binding contract between the Customer and the Company.

License and Use

The Customer's purchase of one of the Company's products and/or services constitutes the Company's granting to the Customer of a non-exclusive, non-sublicensable, non-transferable license to use the purchased product for the purpose of the Customer's own personal use. The Customer, understands that the Customer will not receive any of the Company's source code for the products and/or services that the Customer purchases. All the Company's source code remains the sole intellectual property of the Company. The Customer agrees that under no circumstances shall the Customer use, or permit to be used, any product and/or service other than for the aforesaid purpose. For the avoidance of doubt, the Customer shall not copy, re-sell, sublicense, rent out, share, or otherwise distribute any of the Company's products and/or services, whether modified or not, to any third party. The Customer agrees not to use any of the Company's products and/or services in a way which might be detrimental to or damage the Company's reputation. The Customer acknowledges and agrees that the license to use the Company's products and/or services shall remain valid and in full force and effect only for the duration in which the Customer continues to pay the applicable fees to the Company and abides by the terms outlined in this document. Failure to remit payment of the Company's fees in a timely manner shall result in the immediate termination of the license granted herein.

Customer Responsibilities

Content Responsibility: The Customer is solely responsible for all content displayed on the Customer's product and/or content, including but not limited to videos, images, text, and any other materials. The Customer agrees to comply with all applicable laws and regulations regarding their content. The Customer acknowledges and agrees that any content uploaded, placed, or otherwise made available through the Company's software that the Customer holds all necessary licenses and rights to use any and all content submitted to the Company's software. The Company shall not be held liable for any issues arising from the content used by the Customer in the Company's software. The Customer assumes full responsibility for the legality, reliability, integrity, accuracy, and appropriateness of the content. If the Customer chooses to place any intellectual property content owned by the Customer into the Company's software, such content shall be the sole responsibility of the Customer. Furthermore, the Customer agrees to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, damages, losses, or expenses, including but not limited to reasonable attorneys' fees and costs, arising out of or in any way connected with the content provided by the Customer. The Customer agrees that they will not hold the Company liable in any manner for the Customer's content.
Content Availability:The Customer acknowledges and agrees that the Company shall bear no responsibility or liability for the distribution, broadcasting, or dissemination of the Customer's content on any third-party platform. The availability of the Customer's content on any third-party platform is solely at the discretion of that third-party. The Customer assumes full responsibility for compliance with all applicable laws, regulations, and terms of service of such third-party platforms and acknowledges that the Company does not guarantee or warrant the availability, performance, or suitability of these platforms for the Customer's content.
Operational Responsibility: The Customer assumes full responsibility for the operation of their product. This includes ensuring that all content is appropriate and does not infringe on any third-party rights or violate any laws.

Intellectual Property

The Company's Intellectual Property: The Company's products and/or services, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain the Company's sole intellectual and exclusive property. The Customer agrees that under no circumstances, whether the product has been modified or not, shall the Customer have or attempt to claim ownership of any intellectual property rights or copyright in the product.
The Customer's Intellectual Property: The Customer acknowledges and agrees that their intellectual property rights are strictly limited to the content that they upload and place on the Company's platform. The Customer warrants and represents that they hold exclusive rights to such content and that they possess all necessary rights, licenses, and permissions to upload, distribute, and broadcast said content. The Company does not claim any ownership over the Customer's content; however, the Customer acknowledges that they cannot claim any intellectual property rights over any other content, features, or functionalities of the Company's platform or content to which they hold no exclusive rights. Upon termination of their use of the Company's platform, the Customer agrees to remove all of their intellectual property from the platform. The Customer further agrees to hold the Company harmless for any content on the Company's platform.

Refunds and Chargebacks

Once a product has been purchased by the Customer, the Company offers no right of cancellation due to the electronic nature of the Company's products and/or services. Any refunds shall be at the Company's sole and absolute discretion. The Customer agrees that under no circumstances whatsoever shall they initiate any chargebacks via the Customer's payment provider. The Customer agrees that any payments made by the Customer for any of the Company's products and/or services are final and may not be charged back. The Company reserves the right to alter prices from time to time. If the Customer has purchased a product through an app store, not operated by the Company's company, that app store may need to provide the Customer a refund directly. However, that option is solely at the discretion of that app store and in no way is the Company responsible for that transaction.

Warranties and Liability

The Company makes efforts to ensure that products and/or services are accurate, authoritative and fit for the use of the Company's customers. However, the Company takes no responsibility whatsoever for the suitability of the product, and the Company provides no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. the Customer agrees to indemnify the Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of the Customer's breach of these terms and conditions. Furthermore, the Company shall not be liable to the Customer or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

Liability Disclaimer

Content Liability: The Company is not responsible for the content that the Customer uploads, displays, or distributes through the Customer's product. The Customer agrees to indemnify and hold the Company harmless from any claims, damages, or legal actions arising from the Customer's content.
Product Delivery and Time-line: While the Company makes every effort to deliver the product by the time-line estimates provided, the Company is not responsible for the amount of time taken in order to finalize products and/or services delivery. The Customer agrees to indemnify and hold the Company harmless for any delays in production or product delivery. While the Company may provide an estimated time-line for product delivery, the Company is not responsible for delays in product delivery due to events that may impact the product delivery time-line.
Service Availability: While the Company strives to maintain uninterrupted access to the Company's servers and services, the Company cannot guarantee that the Service will always be available. The Company is not liable for any downtime or interruptions that may occur, and the Customer acknowledges and accepts this risk. The Customer agrees to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, damages, losses, or expenses, including but not limited to reasonable attorneys' fees and costs, arising from or in any way related to the unavailability or malfunction of the Company's software. The Customer acknowledges and agrees that the Company shall not be held liable for any issues, interruptions, or failures of the Customer's streaming channel due to software problems. The Customer agrees to hold the Company legally blameless for any claims, damages, or losses resulting from the software not being available or not working as intended.

Termination and Cancellation

Termination by the Company: The Company reserves the right to terminate this Agreement and the Customer's access to the Service at any time, with or without cause, and with or without notice.
Cancellation by Customer: The Customer may cancel their subscription at any time. Upon cancellation, the Customer will not be entitled to a refund of any prepaid fees, and access to the products and/or services will be terminated at the sole discretion of the Company.

Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) the Customer's use or inability to use the products and/or services; (b) any unauthorized access to or use of the Company's servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the products and/or services.

Indemnification

The Customer agrees to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from the Customer's use of the Service, their violation of any term of this Agreement, or their violation of any third-party right, including without limitation any copyright, property, or privacy right.

Modifications to the Agreement

The Company reserves the right to modify this Agreement at any time. Any changes will be effective immediately upon posting of the revised Agreement. The Customer's continued use of the Service following the posting of changes constitutes their acceptance of such changes.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

General

These terms and conditions constitute the entire agreement and understanding between the Customer and the Company for the supply of Company products and/or services, and shall supersede any prior agreements whether made in writing, orally, implied, or otherwise. The failure by the Company to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. The Customer agrees that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of the Customer's breach of these terms and conditions; therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, the Customer's acceptance thereof, and the Company's relationship with the Customer shall be governed by and construed in accordance with United States law and both the Company and the Customer irrevocably submit to the exclusive jurisdiction of the United States in the State of California over any claim, dispute or matter arising under or in connection with these terms and conditions or the Company's relationship with the Customer.

Contact Information

If the Customer has any questions about this Agreement, please contact the Company at:

MacMillan Interactive Communications, LLC
10000 Wheatland Ave., Sunland, CA 91040
support@macmillanweb.com
818-214-5074

By purchasing and using the Company's products and/or services, the Customer acknowledges that they have read, understood, and agree to be bound by this Agreement.