Mergix Terms of Use

1. Scope of these terms
   
   These Terms set forth the terms and conditions through which you will be permitted to use Alittera Ltd Inc DBA 4Team Corporation (4Team) Mergix Services. Please read through the following Terms of Use carefully, since it contains important information about your legal rights, obligations and remedies. The Terms of Use also contain limitations and exclusions and a dispute resolution clause that governs how disputes shall be resolved. This is a legal agreement between you and 4Team. By accessing or using the www.mergix.com and app.mergix.com (Site), you (the "User") indicate that you have read, understand and agree to be bound by these Terms of Use. If you do not accept these Terms of Use in their entirety, please stop accessing or using the Site.
2. Registration
   
   In order to use the 4Team Services you may be required to provide information about yourself. You agree that any registration information you give to 4Team will be accurate, correct, and current. When you register, you will be asked to choose a password. You are responsible for safeguarding your password and agree not to disclose your password to any third party. You agree that you are solely responsible for any activities taken under your password, whether or not you have authorized such activities. You shall immediately notify 4Team of any unauthorized use of your password. To protect your privacy, 4Team recommends logging out of the 4Team Services after each visit, when you are using a public or shared PC, mobile device, or other end point.
3. Privacy Policy
   
   For information about Mergix data protection and collection practices, please read the 4Team Privacy Policy for Mergix at our Site (www.mergix.com), which is incorporated herein by reference. You agree to 4Team use of your data in accordance with the Privacy Policy. 4Team is not responsible for any information provided by you to third parties, and this information is not subject to the Web Services Privacy Policy. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to third parties via the 4Team Services.
4. Prohibited Uses
   
   You specifically agree not to:
   • use the 4Team Services to undertake or accomplish any unlawful purpose, including but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
   • post, store, send, transmit, or disseminate on the 4Team Services any information or material which a reasonable person could deem to be unlawful;
   • upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the 4Team Services in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
   • post on the 4Team Services unsolicited bulk or commercial messages commonly known as "spam";
   • participate in the collection of very large numbers of data size: uploaded files, contact information or other identifiers of others (without their prior consent) from the 4Team Services, a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
   • impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing") on the 4Team Services;
   • register under the name of, nor attempt to use the 4Team Services under the name of, another person;
   • allow another person to access the 4Team Services using your credentials;
   • capture, rip, download, or otherwise create a copy of any content that is shown on the 4Team Sites without obtaining any required permission of the content owner;
   • take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any movie or other entertainment program, service or product that may be presented by the 4Team Services;
   • attempt to or actually circumvent any method used by 4Team to control access to the Web Services, including, but not limited to, spoofing or otherwise impersonating an IP address for your computer that is not actually assigned to your computer or setting up a proxy or other device that allows others to access the Web Services through it.
5. Content on the 4Team Services
   
   You may access and use the Site and Content for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content, User Content without prior written permission. 4Team and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein other than your User Content.
   1. User content
      
      You are solely responsible for the content that you submit to the Site, or transmit to other Users. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site. 4Team does not have any ownership rights in your User Content. 4Team cannot use or display your User Content. All data provided by user is private and forbidden to show or post anywhere. 4Team has an access to User content only according to user request. You may remove your User Content from the Site at any time.
      1. Limitations. You acknowledge and agree that 4Team Corporation may, at its option, establish limits concerning User Content, including without limitation the maximum size of data or any other information that may be entered or uploaded to the Site.
      2. Disclaimer. 4Team has no ability to control the User Content that are uploaded, posted or otherwise transmitted using the Site and does not have any obligation to monitor such User Content for any purpose. 4Team does not endorse any User Content or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 4Team with respect thereto.
   2. User Data 4Team does not claim intellectual property rights over the User Data including contacts and address book data and other data you upload to the Service. Your User Data uploaded remains yours. 4Team will not re-distribute, publish or disclose publicly any uploaded User Data unless required by law.
6. Termination and Cancellation
   
   4Team may terminate or suspend your access to the Site and remove any material (including User Content and User Data) from the Site or our servers, for any reason, or no reason, at any time in its sole discretion without notice to you. Further, if 4Team believes, in its sole discretion, that a violation of the Terms of Use has occurred, 4Team may take other corrective actions as deemed appropriate. 4Team reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any User Content or User Data. 4Team may gather information from Users, Registered or otherwise, who are suspected of violating these Terms of Use. You agree to provide us with such information. 4Team will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Content or other materials that are believed to violate these Terms of Use.
   
   You may terminate your Mergix account at any time and for any reason by navigating to the Account page and clicking Cancel Account or sending an email from your registered email address with Mergix account. Upon Cancellation, all of your User Data will be deleted from Mergix servers and cannot be recovered.
   
   Any termination or suspension shall not affect your obligations to 4Team under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which shall survive termination or suspension.
   
   In case of termination, unused part of payment will be refund regarding Refund Policy. Please read the Mergix Refund Policy at our Site www.mergix.com.
   
   4Team shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any of the Materials from the Web Site. 4Team recommends that you install appropriate anti-virus or other protective software.
7. Changes to the terms
   
   4Team Corporation reserves the right to change these Terms from time to time consistent with applicable contract laws and principles. When these changes are made, 4Team will make a copy of the updated Terms available at this web page and will also make any updated Terms available to you by e-mail, direct mail, or other reasonable means as selected by 4Team.
   
   4Team Corporation will make the updated Terms available to you before they take effect. You understand and agree that if you use the 4Team Mergix Services after the date on which the Terms take effect, 4Team will treat your use as acceptance of the updated Terms.
8. Exclusion of warranties
   
   YOU AGREE THAT YOUR USE OF THE 4TEAM SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE 4TEAM SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE 4TEAM SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE 4TEAM SERVICES.
   
   THE 4TEAM SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." 4TEAM AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE 4TEAM SERVICES, NOR DO THEY GUARANTEE THAT THE 4TEAM SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE 4TEAM SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of liability
   
   UNDER NO CIRCUMSTANCES SHALL 4TEAM (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE 4TEAM SERVICES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THESE STATES, THE LIABILITY OF 4TEAM AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE LAW. YOU AGREE THAT THE LIABILITY OF 4TEAM (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO 4TEAM SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO 4TEAM FOR THE USE OF THE 4TEAM SERVICES WITHIN PAID PERIOD.
10. Arbitration
    
    You and 4Team agree that except as otherwise stated, the sole and exclusive forum and remedy for any dispute and claim relating to or arising out of these Terms of Use, the Site shall be final and binding arbitration. To the extent that either of us has in any manner infringed upon or violated the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth, then the parties acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought.
    
    Arbitration under this Terms of Use shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, 4Team will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
    
    To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED WITH ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
11. Applicable law
    
    The Site is controlled, operated and administered by 4Team Corporation from within the State of Delaware, in the United States. The Site can be accessed from all states and territories of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Delaware State, by accessing the Site, you acknowledge and agree that all matters relating to access to, or use of the Site shall be governed by the laws of the State of Delaware and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).
    
    You also agree that any claims or disputes whatsoever arising from your use of the Site or the enforcement of these Terms of Use shall be submitted to the exclusive jurisdiction and venue of the courts of Delaware State, within the United States and acknowledge that you do so voluntarily.
12. Feedback
    
    4Team Corporation welcomes your feedback about the 4Team's Mergix Services. Any communications you send to 4Team are deemed to be submitted on a non-confidential basis and become the sole property of 4Team. 4Team may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All of these uses by 4Team shall be without liability or obligation of any kind to you.
    
    
13. Questions
    
    If you have questions about these Terms of Use or about the Services, please contact 4Team at [email protected]