Terms and Conditions
Effective Date: September 7, 2025
Welcome to MediaXbook LLC, a subsidiary of NECF Corporation. MediaXbook is an online platform connecting people, cloud-based production assets, virtualized hardware, and content providers with individuals or businesses that want to purchase and/or receive “on demand” services. You will be matched with an independent provider for services who will provide the requested services. MediaXbook is not a provider of these services and service providers are not employees nor are they engaged by MediaXbook. For any questions about the services provided, please consult the local provider used who may have its own terms and conditions.
IMPORTANT – SECTION 15.4 OF THESE TERMS INCLUDES AN ARBITRATION AGREEMENT THAT GOVERNS DISPUTES BETWEEN YOU AND US (UNLESS WE HAVE AGREED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT), ELIMINATES YOUR RIGHTS TO A TRIAL BY JURY, AND PREVENTS YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS OR CONSOLIDATED PROCEEDINGS.
1. These Terms operate as a contract.
1.1 THIS AGREEMENT (“AGREEMENT” OR THE “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” OR “YOUR”) AND MediaXbook (HEREINAFTER “MediaXbook,” “WE”, “US”OR “OUR”) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF ANY MediaXbook SOFTWARE, INCLUDING ANY MediaXbook MOBILE APPLICATIONS (THE “APP(S)”) OR ANY SERVICES OFFERED OR ARRANGED BY MediaXbook, ITS SUBSIDIARIES AND/OR AFFILIATES, FROM TIME TO TIME (COLLECTIVELY, THE SOFTWARE, APP(S) AND SERVICES ARE REFERRED TO AS “SERVICE(S)”).
1.2 Why should you read these Terms? These terms create a legally binding agreement between you and us. By accessing or using the Services, you are accepting this Agreement and agreeing to use the Services in accordance with the terms and conditions in this Agreement. Some of our Services may have additional rules, policies, and procedures. Your use of services offered or arranged through MediaXbook is subject to all of these terms and conditions. Where such additional terms apply, we will make them available for you. A copy of this Agreement may be downloaded, saved, and printed for your reference.
1.3 You confirm that you can enter the Agreement. As a condition of your use of the Services, you confirm and warrant to us that you meet the eligibility requirements set out in Section 4.3 and have the right, authority, and capacity to enter into this Agreement or, if you are under the age of majority in your jurisdiction of residence, you have obtained the consent of your parent or legal guardian to this Agreement.
1.4 What to do if you don’t want to accept these Terms? If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.
2. Information about MediaXbook and contact details
2.1 Who we are. MediaXbook is a company formed and in good standing under the laws of the State Delaware, USA.
2.2 Where we are based. Our principal office is in Boston, MA, USA.
2.3 How to contact us. You can contact us by writing to us at contact@necfglobal.com
2.4 How we may contact you. If we have to contact you, you agree we may do so by postal service, telephone call, text message, or by email to the number and/or address you provided when you registered or updated an Account or that you used to communicate with us. You agree that we may use automatic telephone dialing equipment and other technology in connection with these communications.
2.5 Electronic Communications. When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you consent to receiving notices, disclosures, agreements, terms, conditions, amendments and other communications from MediaXbook in an electronic form and agree that such electronic communications will have the same legal effect and satisfy the same legal requirements that such communications would satisfy if they were made “in writing” in a physical document. The foregoing does not affect your statutory rights.
3. Changes to the Site and these Terms
3.1 We reserve the right to change the terms and conditions of this Agreement or to modify or discontinue the Services offered by MediaXbook at any time. Those changes will go into effect on the effective date shown in the revised agreement. If we change this Agreement, we will give you notice by posting the revised agreement on the applicable website(s) or app(s) and/or by sending an email notice to you using the contact information provided by you. Therefore, you agree to keep your contact information up-to-date and that notice sent to the last email address you provided shall be considered effective. We also encourage you to check this Agreement from time to time to see if it has been updated.
3.2 We may require you to affirmatively acknowledge the updated Agreement before further use of the Services is permitted. However, by continuing to use any Services after the effective date of any modifications to this Agreement, you agree to be bound by such changes. If the modified terms are not acceptable to you, please cease using the Services.
4. Service Description
4.1 Service Description and Participation. MediaXbook provides an online platform and virtual marketplace that allows individuals to make purchases or connects people, cloud-based production assets, virtualized hardware, and content providers (collectively, “Providers”) with individuals (“Individual Customers”) or businesses (“Corporate Customers”) that want to purchase and/or receive “on demand” services, together herein referred to as (“Customers”). As a user of the Services (including a Provider or a Customer), you agree to provide us with complete and accurate information (if requested) and to update such information to keep it accurate, current, and complete, including with regard to payment information. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to, from time to time, and to the maximum extent permitted by law: (i) submit a transaction using the card information provided, (ii) if necessary, obtain updates from card issuers, card networks, or other payment service providers for card numbers or other information provided to us, (iii) if necessary, charge you, in a prorated manner (including with regard to cancellation of Services, for which you may not be entitled to a full or complete refund), in accordance with the particular fee terms for the Service you are purchasing, and (iv) if necessary (and applicable) bill your mobile carrier or others via a mobile application if you authorize us to do so. You understand that any personal information you provide or that we collect through our Services is subject to MediaXbook’s Privacy Policy privacy.necfglobal.com If you are an Individual Customer or representative of a Corporate Customer, you agree that by using the Services, you are directing MediaXbook to intentionally disclose personal information (including, without limitation, “personal information” as defined under the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100–1798.199, as amended – hereinafter the “CCPA”) to Providers. If you are a Provider, you agree that by using the Services, you are directing MediaXbook to intentionally disclose personal information (including, without limitation, “personal information” as defined under the CCPA) to Customers. YOU UNDERSTAND AND AGREE THAT MediaXbook HAS NO CONTROL OVER THE CONDUCT OF THE PROVIDERS OR CUSTOMERS, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY OF THEIR ACTS, ERRORS, OR OMISSIONS.
4.2 Account Creation. In order to access certain features of the App and to use certain Services, you may be required to register to create an account (“Account”). In connection with setting up your Account with MediaXbook, we may supply you with or enable you to create a user identification and/or password. In connection with any future use, you may be asked to input your user identification and/or password from time to time. You agree to be responsible for all activity that occurs under your Account and agree to be responsible for maintaining the security of your password and user identification. You agree to immediately notify MediaXbook of any unauthorized use of your user identification or password or any other breach of security. You can delete your Account at any time, for any reason.
4.3 Eligibility. Persons under 13 are prohibited from providing personal information on our websites or via our Apps. If you are under the age of majority in your jurisdiction of residence, you may use the Services only with the consent and involvement of your parent or legal guardian. Make sure that you review this Agreement with your parent or guardian so that you both understand all your rights and responsibilities. If you are under the age of majority in your jurisdiction of residence, you represent and warrant that you have obtained the consent of your parent or legal guardian to this Agreement.
5. Acceptable Use
5.1 You are responsible for your use of the Services, and for any use of the Services made using your Account. Our goal is to create a positive experience in connection with our Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to MediaXbook.
5.2 When you use the Services, you agree that you will not:
(a) violate any terms of this Agreement or any MediaXbook rules regarding use of the Services;
(b) violate any law or regulation (and you shall comply with all applicable laws and regulations);
(c) breach any agreements you enter into with any third parties;
(d) violate, infringe, or misappropriate MediaXbook’s or any third party’s intellectual property, privacy, publicity, or other legal rights;
(e) engage in any behavior that MediaXbook deems to be abusive, harassing, indecent, profane, obscene, hateful, or otherwise objectionable, including sexual innuendo or misconduct;
(f) stalk, harass, or harm another individual;
(g) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services or in connection with MediaXbook;
(h) impersonate any person or entity or perform any other similar fraudulent activity;
(i) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users or alter transmission data;
(j) collect, distribute or gather personal or aggregate information, including Internet, e-mail, or other electronic addresses, about MediaXbook Providers, Buyers, Customers, or other users;
(k) upload, post, e-mail, or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
(l) use any means to scrape or crawl any web pages or Content contained in the websites or Apps (although MediaXbook may allow operators of public search engines to use spiders to index materials from the websites for the sole purpose of creating publicly available searchable indices of the materials, and MediaXbook reserves the right to revoke these exceptions either generally or in specific cases);
(m) attempt to circumvent any technological measure implemented by MediaXbook or any of MediaXbook’s providers or any other third party (including another user) to protect the websites or Apps; to the extent permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the websites or Apps; or
(n) advocate, encourage, or assist any third party in doing any of the foregoing.
6. Mobile Application License
6.1 Subject at all times to this Agreement, if you elect to download the App, the following also applies: MediaXbook grants you a license to download, install, and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use on the basis that the license is:
(a) revocable – we have the right to remove your ability to use the App in accordance with these Terms;
(b) non-exclusive – other people can access and use the App;
(c) non-transferable – you can’t pass this right to someone else or sublicense the license; and
(d) limited – the license does not extend beyond what has just been described above.
6.2 Furthermore, with respect to any App accessed through or downloaded from an App Store such as Google Play or the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product that runs the operating system for which it was intended and (2) as permitted by the “Usage Rules” set forth in the corresponding App Store. Use of the App from a third-party App Store is also subject to the provisions of Section 14.
7. Purchases, Payments, Cancellation, and Rescheduling
7.1 Pricing and Fees. All information that you provide to us or our third-party payment processor must be accurate, current, and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your Account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. The price of the product or service will be the price indicated on the order pages when you placed your order, subject to any future adjustments of our prices. We use our best efforts to ensure that the price and payment terms advised to you is correct. However, please see Section 7.3 for what happens if we discover an error in the price of your order. All payments, including with respect to cancelled Services or returned Products, shall be subject to the terms set forth in Section 4.1 above and Section 7.3 below. Each Customer acknowledges and agrees that MediaXbook reserves the right, in its sole discretion, to charge Customer for and collect fees for MediaXbook.
7.2 When you must pay and how you must pay. You agree to pay all charges incurred by you or any users of your Account and payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. Customers must provide MediaXbook with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or use Apple Pay or another payment or financial mechanism specified by MediaXbook (“Payment Provider”) as a condition to making any payments. Providers must support the use of the Payment Providers and provide MediaXbook with valid bank account information (e.g. account and routing number) as a condition to receiving any payments. The Customer’s Payment Provider agreement governs its use of the designated credit or debit card or other payment mechanism, and the Customer should refer to that agreement and not this Agreement to determine its rights and liabilities. MediaXbook uses Stripe, PayPal and Credit Cards as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By paying for the Services, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/us/privacy/ and hereby consent and authorize us and Stripe to share any information and payment instructions you provide with Payment Provider(s) to the minimum extent required to complete your transactions. All information that you provide to us or our third-party payment processors must be accurate, current, and complete. You will also be responsible for paying any applicable taxes relating to payments that you make or that you receive. While you may cancel your Service at any time, fees paid for our Services are nonrefundable to the maximum extent permitted by law.
7.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the Services or products we offer may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
7.4 What if I think I was charged incorrectly? You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or any right to dispute such charges will be deemed waived. Billing disputes should be directed to the following address: billingnecfglobal.com.
7.5 For Providers. Each Provider hereby appoints MediaXbook as the Provider’s limited payment collection agent solely for the purpose of accepting applicable payment from Customers. The details of this appointment are separately set forth in each Provider’s Platform User Agreement. Each Provider agrees that payment made by a Customer through MediaXbook shall be considered the same as a payment made directly to the Provider, and the Provider will provide its services to the Customer in the agreed-upon manner as if the Provider has received the payment. The amount charged to a Customer may be higher or lower than the amount paid to the related Provider. MediaXbook assumes no liability for any acts or omissions of the Customers. MediaXbook reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by MediaXbook, as a result of any mistake or error, including any mistaken pricing or service description or other error.
8. Ownership & Copyright
8.1 Ownership; License to Use Services. All right, title, and interest in the Services, including the Content therein, are and will remain the property of MediaXbook and its licensors. This includes, without limitation, non-personally identifiable aggregate data collected by MediaXbook in connection with providing the Services, including usage statistics and traffic patterns. Subject to this Agreement, MediaXbook grants you a limited license to use the Services (i) if you are a Customer, solely for your own purposes and (ii) if you are a Provider, solely for the purpose of connecting with Customers through the Services. Any future release, update, or other addition to the Services shall be subject to this Agreement.
8.2 Copyright and Content Restrictions, Permissions, and Representations.
(a) The websites and Apps, including but not limited to software, content, text, photographs, images, graphics, video, audio, and the compilation as a whole (“Content”), are protected by copyright and other intellectual property laws throughout the world. You must abide by all additional copyright notices or restrictions contained in the websites, Apps, or elsewhere. You may not delete, modify, or obscure any legal or proprietary notices in the Websites, Apps, or elsewhere. (b) Except as noted in Section 6 above: (1) the Websites and Apps may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, or modified; and (2) except to the extent the following restriction is prohibited by applicable law, you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble, or make derivative works of the Websites, Apps, or any Content or components that are available on the Websites or Apps. (c) You agree not to interfere or take action that results in interference with or disruption of the Websites or Apps or servers or networks connected to the Websites or Apps. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites or Apps. (d) MediaXbook and its licensors reserve all rights not granted in this Agreement. Except as expressly provided herein, nothing within the Services will be construed as conferring any license under MediaXbook’s and/or any third party’s intellectual property rights. Notwithstanding anything herein to the contrary, MediaXbook may revoke any of the foregoing rights and/or your access to the Services, or any part thereof, at any time without prior notice.
8.3 Copyright Permission. Permission is granted for viewing the Website pages and Content on the Internet and via the Apps for your own informational purposes, subject to the terms and conditions of this Agreement. In the event that information (other than Your Materials) is downloaded from the Websites or Apps, the information, including any Content, data or files incorporated in or generated by the Websites or Apps is owned by MediaXbook and MediaXbook retains complete title to the information and all property rights therein. All other rights are reserved. Reproduction of the Content, in whole or in part, for resale or distribution, is strictly prohibited except with the prior written permission of MediaXbook. To request written consent for such reproduction, please contact us at legal@necfglobal.com.
8.4 Content License. As part of the Services, we may, in our sole discretion, permit you to post, upload, publish, submit or transmit certain content, including without limitation, photographs or other visual likenesses of you (“Your Materials”). By making available any of Your Materials on or through the Services, you (i) hereby grant to MediaXbook and its direct and indirect licensees the non-exclusive, fully sublicensable right to use Your Materials to provide the Services, promote the Services and improve the Services, (ii) waive any and all moral and publicity rights that you may have in and to Your Materials with respect to these uses, and (iii) acknowledge and agree that MediaXbook may delete, obscure, or remove any of Your Materials which MediaXbook deems to be in violation of any part of this Agreement and may bar you from using certain functionality. MediaXbook does not claim any ownership rights in any of Your Materials and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of Your Materials. If you do not want to grant us permission to use Your Materials in accordance with this Agreement, please do not post, upload, publish, submit, or transmit Your Materials.
8.5 Content Representation and Warranty. You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. You represent and warrant that: (1) you either are the sole and exclusive owner of all of Your Materials that you make available through the Services or you have all rights, licenses, consents, and releases that are necessary to grant to MediaXbook the rights in Your Materials, as contemplated under this Agreement; and (2) neither Your Materials nor your posting, uploading, publication, submission, or transmittal of Your Materials or MediaXbook’s and its licensees’ use of Your Materials (or any portion thereof) on, through or by means of the Services will infringe, misappropriate, or violate any rights of any person or entity, including without limitation, any patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
8.6 Trademarks/Use of Name or Brand. All Content, product names, trademarks, service marks and logos appearing as part of the Services, unless otherwise noted, are wholly owned or validly licensed by MediaXbook. MediaXbook’s trademarks, product names, service marks, and logos may not be used without MediaXbook’s written permission. Trademarks, service marks, product names, and logos owned by third parties remain the property of such third parties.
8.7 Feedback. You agree that your submission of any ideas, suggestions, documents, and/or proposals to MediaXbook (“Feedback”) is at your own risk and that MediaXbook has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to MediaXbook a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
8.8 Responsibility for User Content
We respect the rights of third-party creators and content owners and expect that you will do the same. Given the nature of the Services and the volume of information submitted, we cannot and do not monitor all of Your Materials posted or transmitted by you and other third-party information providers via the Services, including, without limitation, Your Materials posted via the Services. You expressly agree that we will not be liable for Your Materials. We reserve the right, but are not obligated, to remove content from the Services for any reason, including content that we believe violates these Terms.
It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this website:
NECF Corporation
Attention: General Counsel
Email: legal@necfglobal.com
To be effective, the notification must be a written communication that includes the following:
*A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
*Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
*Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
*Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
*A statement that the complaining party has 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;
*A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Warranty Disclaimers
TO INDIVIDUAL CUSTOMERS
9.1 THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.DISCLAIMER. MediaXbook DOES NOT MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, OR USEFULNESS WITH RESPECT TO THE PRODUCTS OR SERVICES. WE MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE ACCURATE; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU AGREE THAT ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF ANY ACTION OR INACTION OF ANY PROVIDERS OR CUSTOMERS, SHALL BE EXCLUSIVELY BETWEEN YOU AND THE PROVIDER OR CUSTOMER (AS APPLICABLE) AND NOT MediaXbook. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” YOU AGREE TO USE THE PRODUCTS AND SERVICES SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING. YOU UNDERSTAND AND ACKNOWLEDGE THAT MediaXbook ONLY PROVIDES A PLATFORM FOR COMMUNICATION AND PAYMENT BETWEEN PROVIDERS AND CUSTOMERS, AND AS SUCH MediaXbook DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY PROVIDER(S) OR OTHER CUSTOMER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY PROVIDER(S) ARE MADE SOLELY AT THE DISCRETION OF THE PROVIDER AND MediaXbook HAS NO OBLIGATION TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE PROVIDER(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT MediaXbook SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE PROVIDER TO YOU AS A RESULT OF YOUR USE OF THE SERVICE(S).
YOU ACKNOWLEDGE THAT THE SITES AND APPS HAVE NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE SITES AND APPS MEET YOUR REQUIREMENTS.
TO CORPORATE CUSTOMERS AND PROVIDERS
9.2 DISCLAIMER. MediaXbook DOES NOT MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT OR USEFULNESS WITH RESPECT TO THE PRODUCTS OR SERVICES. WE MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE ACCURATE; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU AGREE THAT ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF ANY ACTION OR INACTION OF ANY PROVIDERS OR CUSTOMERS, SHALL BE EXCLUSIVELY BETWEEN YOU AND THE PROVIDER OR CUSTOMER (AS APPLICABLE) AND NOT MediaXbook. THE SERVICES ARE PROVIDED “AS IS.” YOU AGREE TO USE THE SERVICES SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT MediaXbook ONLY PROVIDES A PLATFORM FOR COMMUNICATION AND PAYMENT BETWEEN PROVIDERS AND CUSTOMERS, AND AS SUCH MediaXbook DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY PROVIDER(S) OR OTHER CUSTOMER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY PROVIDER(S) ARE MADE SOLELY AT THE DISCRETION OF THE PROVIDER AND MediaXbook HAS NO OBLIGATION TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE PROVIDER(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT MediaXbook SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE PROVIDER TO YOU AS A RESULT OF YOUR USE OF THE SERVICE(S). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. INDEMNIFICATION.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE MediaXbook PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES, AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR MISUSE OF THE SERVICES OR BREACH OF THIS AGREEMENT.
TO INDIVIDUAL CUSTOMERS, CORPORATE CUSTOMERS AND PROVIDERS
11. LIMITED LIABILITY.
11.1 LIMITATIONS ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT MediaXbook, ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND AGENTS AND ALL OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “MediaXbook PARTIES”) WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE FOR: (A) ANY LOSS OF PROFITS OR REVENUE OR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT WE OR OTHER MediaXbook PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; (B) ANY LOSS OR DAMAGES RESULTING FROM YOUR INTERACTIONS WITH PROVIDER(S) OR OTHER CUSTOMERS; OR (C) ANY LOSS OR DAMAGES INCURRED AS A RESULT OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT WHICH IS NOT WITHIN OUR REASONABLE CONTROL.
11.2 LIABILITY CAP. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE MediaXbook PARTIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTION WITH ANY PROVIDER(S) OR OTHER CUSTOMER(S), ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT RECEIVED BY MediaXbook FROM YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $500.
11.3 ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS, OR REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
11.4 WHAT WE DO NOT EXCLUDE. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR:(a) DEATH OR PERSONAL INJURY RESULTING SOLELY FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; (b) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
12. Third Party Links & App Store
12.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Site contains links to Third-Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. MediaXbook does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads. You use Third-Party Links & Ads at your own risk. You use any Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, not this Agreement.
12.2 App Store. When you download our Apps, you may do so through a third party’s App Store. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App Store Sourced Application (as such term is defined in Section 6.2):
(a) Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms. (b) You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. (c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between MediaXbook and the App Store Owner, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MediaXbook. (d) You and we acknowledge that, as between MediaXbook and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. (e) You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between MediaXbook and the App Store Owner, MediaXbook, not the App Store Owner, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. (f) You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. (g) Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
13. Account Suspension or Termination
13.1 When we might suspend or terminate your Account or Site access. We may, subject to applicable law, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate this Agreement and/or your access to the Services, and (b) deactivate or cancel your Account.
13.2 What happens when these Terms terminate? Upon termination we will promptly pay you any amounts that we reasonably determine we owe you (if any) in our discretion. In the event MediaXbook terminates this Agreement or your access to the Services or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. Upon termination of these Terms, all licenses granted by MediaXbook to you to use the Services will immediately terminate and such sections as shall naturally survive shall survive termination.
13.3 Your right to cancel your Account. You may cancel your Account at any time by contacting us at the contact information set out in Section 2.3 or using any other cancellation method we make available through the Services. Please note that if your Account is canceled, we do not have any obligation to keep, delete, or return to you any of Your Materials that you have posted to the Services, including, but not limited to, any reviews or Feedback, nor, to the maximum extent permitted by applicable law, are we obligated to refund you any prepaid payments for the Services you have made on your Account.
13.4 Our right to cancel. If we terminate this Agreement and/or your access to the Services as a result of your violation of any applicable law or regulation, we may also, at our sole discretion, inform law enforcement or regulatory authorities of the circumstances surrounding such termination.
14. Reporting Complaints or Concerns
14.1 Contacting MediaXbook. To the extent you have any complaints or concerns that arise relating to your Services, including those relating to a Provider or Customer, immediately contact MediaXbook at legal@necfglobal.com.
14.2 Investigating Complaints. During the course of investigating complaints and concerns, we may suspend your Account or Site access, consistent with Section 13 above. Upon completion of the investigation, MediaXbook may terminate your Account subject to the terms set forth in Section 13 above.
15. Other Important Terms
15.1 Governing Law and Jurisdiction. This Agreement will be governed by and interpreted in accordance with the laws of the State of Delaware, consistent with the federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. For any proceedings not subject to mandatory arbitration under Section 15.4, you and we agree to submit to the non-exclusive jurisdiction of the federal or state courts located in New Castle County, Delaware. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with this Agreement in Delaware.
15.2 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.3 Rights and Remedies. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
15.4 Arbitration Agreement: Mandatory Arbitration and Dispute Resolution. Please read this Section 15.4 (the “Arbitration Agreement”) carefully. It is part of your contract with MediaXbook and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
(a) Applicability of Arbitration Agreement. Unless otherwise agreed in writing between MediaXbook and a user, to the fullest extent permitted by applicable law, all claims and disputes (excluding only those claims described in Subsections 15.4(m)-(o) below) arising out of or relating to the Agreement or the Services or any communication from MediaXbook to any User (including, without limitation, any claims arising under the federal Telephone Consumer Protection Act, 47 U.S.C. section 227) that cannot be resolved informally shall be resolved exclusively by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you, the MediaXbook Parties, your and their respective predecessors-in-interest, successors, and assigns, and to all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. (b) Notice Requirement and Informal Dispute Resolution. Before any party may seek arbitration, the party must first send to the other party or parties a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to MediaXbook should be sent to: General Counsel, NECF Corporation at legal@necfcorporation.com. After the Notice is received, you and MediaXbook or the applicable MediaXbook Parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, any party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. (c) Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider to the maximum extent permitted by law. (d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. (e) Time Limits. If you or any MediaXbook Party pursues arbitration, the arbitration action must be initiated and/or demanded within the applicable statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim. (f) Authority of Arbitrator. If arbitration is initiated, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and the MediaXbook Parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual party under applicable law, the JAMS Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the MediaXbook Parties. In any arbitration, the arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. (g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and any MediaXbook Parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MediaXbook WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. (h) Waiver of Class, Representative or Consolidated Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of the limitations set forth in this Subsection 15.4(h) as to a given claim for relief, then the applicable claim must be severed from the arbitration and brought into the state or federal courts located in New Castle County, Delaware. All other claims shall be arbitrated. (i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. You and MediaXbook agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. (j) Severability. Except as provided in Subsection 15.4(h), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. (k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. (l) Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with MediaXbook. (m) Small Claims Court. Notwithstanding the foregoing, either you or the MediaXbook Parties may bring an individual action in small claims court if the action qualifies and advances solely in such court on an individual basis. (n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency interim equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. (o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. (p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New Castle County, Delaware, for such purpose. (q) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing MediaXbook at the following address: General Counsel,legal@necfglobal.com
15.5 Severability. If any of these Terms are unenforceable, the rest will continue in force. Each term of the Agreement operates separately. Except as provided in Section 15.4(h), if any term of this Agreement is held to be invalid or unenforceable, then such specific term shall be of no force or effect and shall be severed and the remaining terms will remain in full force and effect.
15.6 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MediaXbook’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may assign or transfer our rights and obligations under these Terms to another company or organization – for example, this could include another member of our group of companies or someone who buys our business. We will notify our active Users in writing if this happens.
15.7 International Users. The Services are controlled and offered by MediaXbook from its facilities in the United States of America. MediaXbook makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
15.8 Force Majeure. MediaXbook shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, power or Internet outage, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
15.9 Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.
15.10 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
15.11 Contact Information. Questions about the Terms and Conditions should be sent to us at legal@necfglobal.com.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.