1. PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO THE MYEX.COM SERVICE AND WEBSITE. YOUR USE OF THE SERVICE AND WEBSITE IS SUBJECT TO AND CONTINGENT UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE WEBSITE OR USING THE SERVICE. BY ACCESSING, USING, LINKING TO, ORDERING FROM, AND/OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE SERVICE OR WEBSITE, YOU AGREE, TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS (THESE “TERMS” OR THIS “AGREEMENT”), AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SERVICE OR WEBSITE.
a. Welcome to the MyEx.com service and website provided by Web Solutions B.V. (“MyEx “,”we”,”us”, “our” or the “Company”) provided at www.myex.com (the “Website” or the “Service”). The Service includes www.myex.com, and other related services branded under the MyEx names. This Agreement contains the terms, covenants, conditions, and provisions applicable to your use of this Website and Service and the information and materials found on this Website and Service.
b. Please read the terms below fully and carefully. This Agreement provides you, the user, with a personal, revocable, nonexclusive, nontransferable license to use this Website and Service conditioned on your continued compliance with the terms and conditions of this Agreement. These Terms apply exclusively to your access to and use of this Website and Service. Further, if you breach any of these Terms, your authorization to use this Service and Website automatically terminates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Website or the Service.
c. MyEx reserves the right at any time and from time to time to amend these Terms, its Privacy Policy and/or any other policies relating to or under which this Website and Service and its offerings are extended to you, and such changes will be effective upon being posted herein and your use of the Website or Service thereafter. You also agree that notices we may provide on the Website or through the Service itself shall be deemed reasonable notice for this purpose, and shall be effective upon publication and your subsequent use of the Website or the Service. You should review these Terms each time you visit this Website or use the Service to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website or within the Service, which may be posted from time to time. Your continued use of the Website and the Service after any such changes and/or postings shall constitute your consent to and acceptance of such changes.
d. You agree that if you link to or use any part of the Service or visit the Website, that we have permission to have the Service installed on your mobile device or computer and deliver any Content (including but not limited to cookies), as defined below, that we, in our sole discretion, deem fit.
2. GENERAL USE PROVISIONS; DISCLAIMER
a. All materials provided on the Website and through the Service, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, advertisements, content and services (“Content”), are provided either by us or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of MyEx and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Content may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of us and/or the Third Party Provider. Also, you may not “mirror” or “archive” any Content contained on MyEx on any other server without MyEx’ prior express written permission.
b. Materials on this Website and through the Service have been prepared by us and by our users for general informational purposes only and are complete works of fiction. Any similarity or relation to any real person is completely coincidental and you agree does not conform to real life. You understand and agree that we may (but are under no obligation to), in our sole discretion, monitor, modify and/or remove any content, in our sole discretion, we deem inappropriate. You agree that we can, in our sole discretion, remove your content from the Website or Service for any reason we deem fit, without any notice to you. The Website and Service is available worldwide and we make no representation that any of the Content on this Website or that is used by the Service (either uploaded or accessed by users) is appropriate or available for use in your jurisdiction. Those who choose to access the Website or the Service from any location do so upon their own initiative and are responsible for compliance with applicable local laws. Further, you specifically agree to comply with all applicable laws regarding the transmission of technical data exported from any country in which it originates or in which you reside.
c. Except where expressly provided otherwise by us, nothing on the Website or within the Service shall be construed to confer any license or ownership right in or to the Content, under any of our intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the LEGAL CONTACT INFORMATION section below if you have any questions about obtaining such licenses. Content provided by Third Party Providers has not been independently reviewed, tested, certified, or authenticated in whole or in part by Us.
d. Any unauthorized use of any Content contained on the Website or in the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable local, state, federal and international laws, treaties, regulations and conventions in connection with your use of the Website and Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which you or we are located. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your mobile device or computer. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity. You agree to accept responsibility for all activities that occur using your account or password.
3. ACCEPTANCE OF TERMS
a. You may print, screenshot, and download materials and information on the Website and from the Service solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a user may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Website or Service. As a further condition of use of this Website and Service, all users warrant to us that they will not use this Website or Service for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. Any rights not expressly granted herein are reserved.
4. GENERAL PROVISIONS: WEBSITE CONTENT LIMITATIONS
a. Billing and Payment
While certain aspects of the Service and use of the Website are currently free, the Company reserves the right to charge for said use of the Website and/or the Service. To the extent you make any purchases from the Company, you agree to pay for all purchases. You will provide the Company with valid and updated credit card or approved purchase order information and with complete and accurate billing and contact information. If you provide credit card information to the Company, you authorize us, or a credit card processor of our choosing, to bill such credit card for Services used or created using the Website and/or the Service. You agree that there are absolutely no refunds whatsoever whether or not you are satisfied with the Service. Further, you agree that the Company may charge a handling or processing fee for removal or modification of any content. If the Company, in its sole and absolute discretion, permits you to make payment using a method other than pre-paying with a credit card, the Company will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced hereunder shall be due immediately upon receipt of the invoice, unless stated otherwise on said invoice.
5. CONDUCT
a. You agree that you will not use the Website or the Service for any unlawful purpose. Your failure to comply with this rule may result in the immediate termination of your right to access or use the Website or the Service, without prior notice to you. Further, you will not use the Website pr the Service to engage in any activity that is harmful, threatening, abusive, harassing, tortious, invasive of another’s privacy or otherwise objectionable to any third party or in any way violates a third party’s (or the Company’s) rights. You agree you will not impersonate any person or entity, including, but not limited to, an employee or officer of the Company, or falsely state or otherwise misrepresent your affiliation with any person or entity. You agree not to upload, email, transmit or otherwise input any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Further, you will not use the Website or Service to collect or store personal data about other users.
b. Account Termination
We may suspend or terminate your account or your use of this Website or Service at any time, for any reason or for no reason. If we suspend or terminate your account, you agree that you will not receive a refund for any services for which you prepaid. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
6. USER-GENERATED CONTENT; SUBMISSIONS
a. Your content belongs to you. Except where expressly provided otherwise by the Company, all comments, feedback, material, information, photos, movies, sounds, text, ideas, designs, and data of any type submitted by any means to the Company through, in association with or in regard to the Website and/or the Service (“Submissions”) shall be treated as non-confidential and non-proprietary, and the Company is hereby granted a worldwide, non-exclusive royalty-free irrevocable perpetual license to use such Submissions in any way it deems fit for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services, and making compilations or derivative works thereof in all media now known or hereafter devised. The Company shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not the Company, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, copyright, and compliance with privacy and publicity laws.
b. All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You are prohibited from posting or transmitting to or from this Website or Service any unlawful, threatening, libelous, defamatory, pornographic, adult-related, obscene, scandalous, inflammatory, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law. You may not upload an image or any likeness of another without their consent and all persons must be over the age of 18. If you do so, the Company reserves the right to cancel or suspend your account. Furthermore, the Company reserves the right to cancel or suspend your account if, in our sole discretion, we believe you are using the Service and/or the Website for improper purposes, or any purpose inconsistent with our business.
c. As a user of this Website, you understand that all content herein is user generated and that the Communications Decency Act applies. You agree that if you frivolously cause for the Company to incur legal fees or costs regarding your (or your counsel’s) lack of understanding of the Communications Decency Act, then you will reimburse the Company for all legal fees and costs regarding your use of the Website or Service.
7. REPRESENTATIONS AND WARRANTIES
a. Each party represents and warrants that it has the power and authority to enter into this Agreement. The Company makes no warranty that it will provide the Website and Service in any manner whatsoever, whether it be consistent with generally accepted industry standards or not. To the extent that you represent an entity of any type or any individual beside yourself, you represent and warrant that you have the proper authority to enter into this Agreement their behalf.
8. LICENSES
a. License from the Company
You are being granted solely a revocable, limited license, in compliance with the terms of this Agreement.
b. License from Customer
You irrevocably grant to the Company and its Third Party Providers the non-exclusive, irrevocable, worldwide right to use, copy, transmit and display any data, information, content, Submissions or other Materials, provided to the Company by you in the course of accessing and/or using the Website or Service. Notwithstanding the foregoing, the Company’s obligations regarding identification and other information concerning you shall be governed by the terms of the Privacy Policy available at http://myex.com/privacy-policy/. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.
9. AGE RESTRICTIONS
a. You may not use this Website unless you have reached the age of majority in your jurisdiction, and in no case below the age of 18. If you are under the age of 18, you may NOT use, view, upload to, or in any way visit the Website. If we suspect that you have submitted any Submissions to the Website relating to or regarding anyone under the age of 18, we intend to work with law enforcement officials to the fullest extent possible. MyEx.com is very strict when it comes to the protection of children and intends to fully comply with any and all law enforcement requests regarding any use of the Website by anyone under the age of 18 or any depictions of anyone under the age of 18. We are very serious about this issue and welcome all law enforcement agencies to contact us at admin@myex.com if they suspect that anyone under the age of 18 is using this Website or depicted herein.
10. LINKS TO OTHER WEBSITES
a. The Website or the Service may contain links or have references to websites controlled by parties other than those that belong to the Company. The inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. If you use these links, you will leave the Website or the Service. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. You acknowledge and agree that the Company is not responsible for the availability of these outside resources, has not reviewed all of these third party sites, does not control or endorse such sites, does not take any responsibility for the use of these third party websites or any content which was sent to it by a third party, and is not responsible for any content, advertising, services, products or other material on or available from such sites or resources, or their policies, including privacy policies or lack thereof. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
b. You acknowledge that the Company shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any such content, goods or services available on or through any such sites or resources. You further acknowledge and agree that the Company does not endorse nor make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. Accordingly, the Company expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
11. THIRD PARTY TRANSACTIONS
a. Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Website or Service, including payment and delivery of goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
12. DISCLAIMERS
a. WHILE THE COMPANY ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON. YOU, THE USER, EXPRESSLY CHOOSE TO ASSUME ALL RISKS ASSOCIATED WITH MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND CONTENT AVAILABLE ON THIS SITE. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY THE COMPANY, THE WEBSITE, INCLUDING ALL SUCH INFORMATION AND CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ARE FOR USE AS CONTRACTED HEREIN. THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTIES, CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID OR UNLAWFUL.
b. THE COMPANY AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR THE SERVICE, THE CONTENT, THE GOODS, SERVICES, IMAGES OR DATA CONTAINED ON AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE CONTENT, GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH, NOR THE SERVICES OF ANY THIRD PARTY PROVIDERS. THE COMPANY DOES NOT CHECK THE ACCURACY, RELIABILITY OR SAFETY RELATED TO THE CONTENT IT DISPLAYS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR VIEWING OF ANY SUCH MATERIAL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICE OR VIEWEING OF THE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICE AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICE AND/OR CONTENTS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
13. LIMITATION OF LIABILITY
a. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED $10USD. IN NO EVENT SHALL THE COMPANY OR ITS THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE DEVICE OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT OR FOR ANY INFORMATION, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE ACCESSING OR USE OF THIS WEBSITE OR THE DELAY OR INABILITY TO USE THIS WEBSITE AND/OR THE SERVICES ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, REGARDLESS OF CAUSE, WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO CUSTOMER IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO CUSTOMER’S INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
b. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
14. INDEMNIFICATION
a. You agree to indemnify, defend and hold harmless The Company and its Third Party Providers against any and all claims, costs, losses, liabilities, demands, damages and expenses (including reasonable attorney’s fees and costs) finally awarded against The Company and its Third Party Providers arising out of or in connection with a claim asserted by any third party due related or referring to you, including but not limited to those claims arising from or in connection with: (a) your use of the Website or Service; (b) any Submissions or any other materials you may upload, submit, post, or transmit through the Website or Service; (c) your violation of these Terms, or (d) your violation of the rights of another. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. Furthermore, you agree to indemnify the Company for any attorney fees and costs associated with any of the above (even if not “finally awarded” against the Company).
b. The Company shall have no indemnification obligation or other liability for any claim of infringement arising from (a) your use of the Website and/or the Service or Content associated with the Website or Service other than in accordance with this Agreement; (b) the combination of the Website and/or the goods, services or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, content, or materials.
15. INTELLECTUAL PROPERTY RIGHTS
a. All material contained on this Website, unless otherwise indicated, is protected by law, including, but not limited to, U.S. copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, the Company does not grant any express or implied right(s) to users of this Website or the Service, or any parts thereof. You agree not to decompile or reverse engineer any parts of the Website or Service. Please be aware that the Company actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
b. The Content, design and layout of this Website are © 2012 Web Solutions B.V. All Rights Reserved. Removing or altering the copyright notice on any material on this Website is prohibited. The Company also owns a copyright in the Website and Service as a collective work and/or compilation, and in the selection, coordination and arrangement of the Website’s and Service’s content.
c. MYEX.com, MyEx and My Ex and all other names, logos, and icons identifying MyEx herein or on the Website or in the Service are trademarks of Web Solutions B.V. and/or its affiliate(s) or licensor(s), and may be registered in certain jurisdictions. Other product names, company names, marks, logos and/or symbols mentioned herein may be the trademarks of their respective owners.
16. NOTICES
a. General Notices
The Company may give notice by means of a general notice on the Website or the Service, electronic mail to your e-mail address on record in the Company’s account information, via text message, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. You may give notice to the Company at any time by email to admin@myex.com. All notices shall be deemed to have been given 36 hours after sending by confirmed facsimile, email or posting to the Website.
b. Copyright and Intellectual Property Agent for Notice
The Company adheres to and complies with the Digital Millennium Copyright Act (“DMCA”). The Website’s and the Service’s Content may contain materials posted by third parties. If you believe that any Content on this Website or using this Service infringes any copyright or other intellectual property interest, please provide the Company’s Copyright and Intellectual Property Agent a notice in writing containing the following information (a “Notice”):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest (remember, usually the photographer of a picture is the owner of the copyright in the photo, not the subject);
(b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or other intellectual property right owner’s behalf.
The Company’s Copyright and Intellectual Property Agent for Notice of claims of copyright or other intellectual property infringement on the Website can be reached as follows:
Mailing Address:
MyEx.com, c/o Web Solutions B.V.
Attn: Legal Department, DMCA Complaints.
Websolutions Netherlands
Singel 540
1017 AZ Amsterdam
the Netherlands
Tel.No.: +31 (0)20 8941 349 - Attn: Legal Department E-mail: dmca@myex.com
Please Note: The contact information immediately above is provided exclusively for notifying us of copyright or other intellectual property infringement.
17. GOVERNING LAW; ARBITRATION
a. This Agreement and the relationship between you and the Company and shall be will be governed by and construed in accordance with the laws of the State of California and controlling U.S. Federal law, without giving effect to any conflict of law principles or choice of law principles thereof. You and the Company expressly agree to be subject to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Website or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California and to arbitration as stated herein. At the request of the Company, any controversy or claim related to this Agreement (“Claim”) may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of California. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Los Angeles County, California. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of the Company, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of the Company to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of any controversy or dispute (whether or not arbitrated), arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute.
18. MISCELLANEOUS
a. This Agreement constitutes the entire agreement between you and the Company and governs your use of the Website and the Service. Further, this Agreement represents the parties’ entire understanding relating to the use of the Website and the Service and supersedes any prior or contemporaneous, conflicting or additional, communications. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. You may not assign any of your rights or obligations under this Agreement without the prior written approval of the Company, and any purported assignment in violation of this section shall be deemed void ab initio. The Company reserves the right to use Third Party Providers in the provision of the Website and/or the Service, and/or Content associated therewith. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the parties’ intentions with respect to the invalid or unenforceable provision(s), with all other provisions of this Agreement remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the Company and you as a result of these Terms or your use of the Website or the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service, or to this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any section titles in this Agreement are for convenience only and have no legal or contractual effect or significance. Any and all rights not expressly granted herein are reserved by the Company.
19. LEGAL AND MEDIA CONTACT INFORMATION
a. If you have any questions about these Terms, or if you would like to request permission to use any Content, please contact us at the address listed above.
Websolutions Netherlands
Singel 540
1017 AZ Amsterdam
the Netherlands
Tel.No.: +31 (0)20 8941 349
Effective August 21, 2012