Terms of Use

Updated and Effective 4/29/2024

Introduction and Applicability.  These Terms of Use (“TOU”) apply to the websites (“Websites”) owned and operated by MV Digital Group, LLC (“MVD,” “we,” “us,” and “our”). These TOU set the rules for how visitors (“you,” “your”) may interact with any such Website where these TOU are posted and made available.

Your Representations.  You represent that you (a) are of a legal age sufficient to agree to these TOU in accordance with applicable law, (b) have read, understood, and agree to be bound by these TOU, and (c) have all rights, permissions, and authorizations necessary to upload and provide for us to use as contemplated under these TOU any materials uploaded by you to the Websites (collectively, “Content”).

Intellectual Property. You acknowledge that: (i) the Websites, including all trademarks, service marks, logos, documents, graphics, content, and/or other materials viewed or obtained from or through the Websites (collectively “Website Materials”), are owned and/or licensed by MVD and are protected by copyright and other intellectual property rights; and (ii) you have no rights to transfer, reproduce, or prepare any derivative works with respect to the Website Materials, or to disclose confidential information pertaining to the Websites or Website Materials.  These TOU do not convey any rights of ownership in or related to the Websites, Website Materials or other intellectual property owned by MVD.

 License. We grant you a personal, revocable, non-exclusive, non-transferable, limited right and license to access the Websites provided that you comply with these TOU.  You hereby grant us a non-exclusive, perpetual, royalty-free, fully paid-up worldwide right and license to use your Content to operate our business and furnish the Websites to you.  You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, or frame any Website Materials.

Use of the Websites. The Websites and Website Materials are provided solely for your own informational purposes. Any unauthorized use, including without limitation any commercial use, is prohibited.  You agree not to use the Websites or Website Materials for any purpose that is unlawful or prohibited by these TOU, or any other purpose not reasonably intended by MVD. You further agree to abide by all applicable local, state, national and international laws and regulations. Without limiting the generality of the foregoing, you will not, nor will you allow a third party to:

  • (a) Upload, post, e-mail or otherwise transmit any Content that:
    1. is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, explicit, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
    2. you do not have the right to transmit under applicable law or under contractual or fiduciary relationships;
    3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    4. contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  • (b) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Websites or Website Materials, or directly or directly grant access to or permit any unauthorized party to access or use the Websites or Website Materials;
  • (c) decompile, disassemble, reverse engineer, copy, modify or create derivative works from the Websites;
  • (d) impersonate any person or entity, including another user of the Websites, or provide false information;
  • (e) view or attempt to view records or Content submitted by another user of the Websites;
  • (f) use automated systems (e.g., robots, spiders, etc.) to access the Websites;
  • (g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content on or transmitted through the Websites;
  • (h) discuss or incite illegal activity or solicit/post sexually explicit images;
  • (i) interfere with or disrupt the Websites or servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites;
  • (j)harvest, scrape, programmatically crawl, or collect any Website Materials; or
  • (k) remove any proprietary notices (e.g., copyright and trademark notices) from either the Websites or Website Materials.

 User Content and Feedback. You may also provide us with Content that constitutes suggestions, comments or other feedback about our products and services (“Feedback“). Feedback is voluntary.  We may use Feedback for any purpose without obligation of any kind in connection with our business, including for the purpose of enhancing our products, services and the Websites.

Privacy. We maintain a Website Privacy Policy, which may be viewed at https://www.mvdigitalgroup.com/privacy-policy/.  MVD reserves the right to modify the Website Privacy Policy in accordance with the procedure outlined in that policy.

Changes to the Websites. We may, in our sole discretion, add, change, discontinue or remove any portion or functionality of a Websites at any time, or the Websites as a whole, without notice.

Links. The Websites may contain links allowing you to go to websites or other online services, including social networks, that are not under our control (“Linked Sites”). Any such Linked Sites are provided for your convenience, and inclusion of links on the Websites does not suggest any association, sponsorship, or endorsement of those Linked Sites.  We are not responsible for the content or transmission of any Linked Site or for ensuring that the Linked Sites are error and/or virus free.  These TOU and the Website Privacy Policy do not apply to the Linked Sites.  Linked Sites may be subject to their own terms of use and privacy policies, and we encourage you to read them.

Indemnification. To the extent permissible by law, you will indemnify, defend, and hold harmless MVD and its parents, subsidiaries, affiliates, officers, directors, managers, employees, agents, vendors, merchants, sponsors, providers, and licensors from any and all losses, deficiencies, judgements, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by them as a result of any claim, lawsuit, demand, cause of action, or proceeding brought by a third party arising from any or all of the following: (i) your access, inability to access, or use of our Websites; (ii) any of your Content; (iii) breach of any of your obligations, representations, or warranties in these TOU; or (iv) your violation of any rights of another person.

DISCLAIMER OF WARRANTIES. OTHER THAN AS EXPRESSLY SET OUT HEREIN, THE WEBSITES AND WEBSITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.  MVD, ITS SUPPLIERS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANITES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND TITLE.  NO WARRANTY IS MADE THAT THE WEBSITES WILL BE TIMELY, SECURE OR ERROR-FREE.  In jurisdictions not allowing the limitation or exclusion of certain warranties, MVD’S warranty shall be limited to the greatest extent permitted by applicable law.

Limitation of Liability. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, TO THE EXTENT ALLOWED BY APPLICABLE STATE LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT IN NO EVENT WILL MVD OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS, BE LIABLE FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, DATA AND PROFITS, OR OTHER INTANGIBLE LOSSES, EVEN IF MVD HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES; OR (III) TOTAL CUMULATIVE LIABILITY ARISING UNDER OR RELATED TO THE WEBSITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN EXCESS OF THE AMOUNTS PAID TO MVD FOR ACCESS OR USE OF THE WEBSITE ON YOUR BEHALF DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVEN RISE TO LIABILITY.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS MVD’s LIABILITY UNDER THE AGREEMENT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE MVD, ITS OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITES.

IN ALL CASES, NEITHER MVD NOR ITS SUPPLIERS NOR DISTRIBUTORS ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS ON THE WEBSITES OR WITH RESPECT TO WEBSITE MATERIALS, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE ACCESSIBILITY OF THE WEBSITES, ANY LOSSES OR DAMANGES ARISING FROM THE USE OF THE WEBSITES OR WEBSITE MATERIALS, ANY CONDUCT BY OTHER USERS OF THE WEBSITES, OR UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITES, WEBSITE MATERIALS OR SERVERS.

 Notices. Any notices to you from MVD regarding the Websites or these TOU will be posted on this Websites or made by e-mail or regular mail.

 Applicable Law; Jurisdiction and Venue. We control our Websites from our offices within the United States. We make no representation that the Material or Content on our Websites is appropriate, legal or available for use in other locations. You may not use or export the Website Material or Content in violation of United States export laws and regulations. Any claim relating to our Websites, Website Materials, the services provided through our Websites or the Content shall be governed by the laws of New York, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in New York, New York.

 Severability. If any of the part of these TOU is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these TOU shall continue in effect.

Assignment.  MVD is permitted to assign, transfer, and subcontract its rights and/or obligations under these TOU without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Modification.  MVD reserves the right, in its sole discretion, to change these TOU at any time.  We will provide notice to you of any changes by posting notice on this Websites or otherwise as legally required. The “last updated” date indicates when the TOU were last revised. Your continued use of the Websites after the TOU have been updated constitutes your agreement to any updated terms.

If you have any questions regarding these TOU, please contact us at info@mvdigitalgroup.com.

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