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Terms and Agreement
MediaFusion’s products and services are provided by AJM Ventures, d/b/a Upper Room Technologies (“Upper Room Technologies,” “MediaFusion,” “us,” “we,” “Provider,” “our,” or “Merchant”) to you (“you,” “your,” “Subscriber,” or “Customer”).
Please read this carefully before using our site, services or products (the “Service”). This Agreement between you and MediaFusion governs both your use of the Service and any assigned Account we provide to you in connection with the Service. This is a contract between you and MediaFusion. Your registration with the Services, your use of your assigned Account, or your continued use of the Service all constitute your agreement, without limitation or qualification, to be bound by, and copy with the terms of this Agreement.
Your trial will continue after the trial period unless you cancel your account on or before the end of your trial. You will be billed on a monthly basis at the rate outlined in the Gold plan. You will receive all of the features of the Gold plan and you will be billed for any overages based on that billing plan. If you are converted to the monthly plan and cancel after that, you will not be refunded any charges and your account will remain active through the remainder of the period that you paid for. To avoid confusion, we will not refund any payments already made, absent extraordinary circumstances beyond your control.
Every company has its terms. These are ours. We will try and explain each section, but if you have any questions about what you are agreeing to, you can always email us at firstname.lastname@example.org. We have added a few notes that aren’t part of the contract itself, but are intended to emphasize a few points and help you understand the messy legalese that seems to be a part of every Provider’s terms.
We will continue your account with us even after the trial is over. This means you get all the features of our great service. This also means you will get billed. We know you will love our service, but if you don't, please cancel before your trial expires. If you call us after your trial has been converted, we will cancel your service at the end of the period you are in, but will issue no refund for any charges made.
The term of this Agreement begins on the date we activate the Service for your Account. This Agreement will continue until terminated by MediaFusion or you as outlined herein. Some terms of this Agreement may survive such termination. We offer several subscription periods and your term continues for the period of your subscription unless otherwise cancelled, terminated or renewed.
Simply put, the term of this Agreement is as long as you remain a customer. If you stop being a customer, and we would hate to see you go, the Agreement is terminated, with a few exceptions.
Use of the Service
No individual under the age of eighteen (18) may register for an account with the Service. You represent and warrant that you are at least 18 years of age or the applicable age of majority in your jurisdiction and that you possess the legal right and ability to enter into this Agreement.
Certain pages and features available on the Service may be accessed only through your assigned Account. You are solely responsible for all activity that occurs through the use of your Account. You should practice commercially reasonable behavior with respect to the security of your Account. If your account is fraudulently used, you agree to notify us immediately. We have the right, in our sole discretion, to interrupt, restrict or terminate your Account and the associated Service, without notice to you, if we suspect fraudulent activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe, including, but not limited to, the provision of a replacement Account.
Use a good password, and while we can tell you to change your password once a month, we all know you won’t. But protect it as you see fit and let us know if someone accesses your account without your agreement.
You agree not to use the Service for any illegal, immoral, obscene or unauthorized purpose. Further, you agree to not defame, engage in hate speech, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service. MediaFusion, in its sole discretion and authority, has the unilateral right to suspend or terminate your Account and all associated data if you use the Service for any such purpose or for any purpose that is antithetical to the community at large.
We want everyone to hear your stuff and we are committing to helping you send it far and wide. This section should never be an issue. However, in the interests of the larger community and our purpose we have to establish some guidelines. We will quickly terminate any Account that threatens our ability to continue offering the Service to our community.
During the term of a Free Trial, you agree that your use of the Service is exploratory and is not meant to support any production or event. MediaFusion considers exploratory usage to mean no more than 100 GB of data usage during the Free Trial. By signing up for your Free Trial you agree that your usage during the Free Trial period shall not exceed that exploratory usage. If your usage exceeds the exploratory usage, defined as 100 GB during the Free Trial, MediaFusion, in it's sole discretion, reserves the right to charge you for any overages at the rate of $0.35 per GB.
We love our folks that try us out. Every one of our customers tried us first. But when you are on a Free Trial, you are doing just that, trying us out. Excess usage during a Free Trial tells us you are trying to take advantage of us. Please don't take advantage of us.
THE MATERIALS, CONTENT, SERVICES, AND ACCOUNTS ARE PROVIDED ‘AS IS.’ WE MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT, SERVICES, AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third parties with respect to the Service beyond those made by MediaFusion, your sole remedy for such reliance is against the third party making such representation or warranty.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MediaFusion, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NONPERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF MediaFusion HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MediaFusion ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES, AND ACCOUNT. IN NO EVENT SHALL MediaFusion, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, MediaFusion SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND MediaFusion AGREE THAT IN NO EVENT SHALL LIABILITY OF MediaFusion TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY. YOU AND MediaFusion AGREE THAT THIS SECTION OF THE AGREEMENT, LIMITATION OF LIABILITY, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND MediaFusion. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, MediaFusion WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU.
We will make every commercially reasonable effort to keep MediaFusion Service operational 24 hours a day, 7 days a week. However, there will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control. We make no guarantee that the service will be available 100% of the time.
We are here to build the best platform for you to deliver the message. Nobody’s perfect, though. We’re not liable for certain things. If you think we are, contact us and let’s work it out.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MediaFusion, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES, (B) ANY OTHER PERSON’S USE OF ANY ACCOUNT YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE GROSSLY NEGLIGENT ACTS OF MediaFusion OR ITS EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
For the purposes of this Agreement, the term “Content” means a creative expression and includes, without limitation, video, audio, images, illustrations, animations, logos, text and graphics, any of which may be generated, provided, submitted or otherwise made accessible on or through the Service. You warrant and represent that: you own the Content you post on or through the Service or otherwise have the right to grant the rights and licenses set forth herein; your posting on, or making available through, the Service of the Content does not violate any other party’s intellectual property rights; you agree to pay any and all royalties and fees associated with the Content; and you have the legal right and capacity to provide the licenses required under this Agreement in your jurisdiction.
MediaFusion does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to MediaFusion a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, host, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through with the Service is available), and create derivative works of, such Content. The rights you grant to MediaFusion are for the limited purpose of allowing MediaFusion to operate, improve or further develop the Service. The right to create derivative works is not intended to give MediaFusion a right to make substantial editorial changes or derivations, but does, allow MediaFusion to make your Content available in aggregate channels. The license granted here will survive the termination of this Agreement unless agreed to, in writing, by MediaFusion. We agree to not unreasonably withhold such permission.
All intellectual property rights in the Service, excepting Content as outlined above, including, without limitation, copyrights, trademarks, service marks, trade secrets, patents and any other intellectual property right, whether by statute or common law, are, and shall remain, the property of MediaFusion. Images, video, audio, text, software, and the like provided by the Service are copyrighted, where permissible, and are protected by federal and worldwide copyright laws and provisions. No part of the Service may be copied, reproduced, modified, published, uploaded, posted, transmitted, reverse-engineered, performed or distributed without prior written permission of MediaFusion. Where necessary to provide the Service to you, such as through the use of embed codes, we grant to you a non-exclusive right to republish certain images, video, audio, text, software and the like for the express purpose of providing access to your Content through the Service.
Your stuff is your stuff and our stuff is our stuff. Pretty simple. We trust that you have all the rights to your stuff. We know we have the rights to our stuff and we give you license to our stuff. You in turn give us the ability to distribute your stuff. When we aggregate all of the Community’s content, we would like to include your stuff too. We think that’s fair and hopefully we both spread the message far and wide.
Marketing and Publicity
Neither party may use the other party’s name, logo, trade name, trademarks, trade dress and icons (“Brands”) without prior written agreement. Notwithstanding the foregoing, you agree that MediaFusion may use identifying information and/or your Brand to refer publicly as a part of promotional and marketing activities from time to time by MediaFusion so only as this Agreement remains in effect.
We want everyone to use MediaFusion and spread the message. We think telling people that you use MediaFusion is a great way to spread the message. If you don’t want us to include you in that, please let us know.
TERMINATION / CANCELLATION
You may terminate this Agreement at any time by ceasing all use of the Services and by notifying MediaFusion of your intent to cancel the Service. Your service will continue, unless otherwise directed by you, until the end of your subscription period.
We may terminate this Agreement, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of this Agreement. You agree that termination of this Agreement will not relieve you of any obligation to pay any accrued, or usage, charges. All sections of this Agreement that should, by their nature, survive the termination of this Agreement shall continue in full force and effect notwithstanding the termination of this Agreement. You will be charged and liable for the full amount of the fee for the remaining period of your subscription, whether it is a monthly, annual, or any other time period, subscription. There is no pro-rated refund or discount when we terminate your account for a breach of this Agreement.
In the event of a termination, we may provide, at our sole discretion, access to subscriber Content that is managed by MediaFusion. Access may include any method or technology appropriate. However, upon the termination of this Agreement, nothing in this Agreement obligates us to providing you that access.
Hey, you just got here. We don’t want to think about you leaving, but we want to be up front about it. We will try and get you any content that we store, such as archived video and the like, but we may not be able to. But you just got here. Let’s be partners.
We may change or modify this Agreement from time to time. Any such changes will be made in good faith, and if the change is significant we will provide you reasonable notice of such changes. You can always review the most current version of this Agreement at mediafusionapp.com. If you don’t agree to a significant change, you may terminate this Agreement by terminating your use of the Service and/or requesting that we terminate your Account.
We are always trying to make things better for you. So we may need to change even this Agreement. Enough said?
Reporting Copyright and other IP Violations
We respect third party’s rights and require our users to do the same. MediaFusion has adopted the following policy on the Service in accordance with the Digital Millennium Copyright Act (“DMCA”). The address for MediaFusion’s Designated Agent for copyright takedown notices (“Agent”) is listed below. You may submit a notice under the DMCA either by email or postal mail.
DMCA Notification and Counter-Notification
If you believe that Content hosted or served through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Agent at the address below:
a. Identification of the work or material being infringed;
If you submit a DMCA notice, be aware that we will forward your notice to the Subscriber who posted the allegedly infringing content if we determine that proper notice has been given. If you receive a notice from us that we have removed or disabled access to your Content, you may file a counter-notification to the Agent as outlined below. Your counter-notification should contain the following:
a. The specific URLs, or sufficiently identifying information, of material that MediaFusion has removed or to which MediaFusion has disabled access;
Upon receipt of a valid counter-notification, We will forward it to the Notifying Party who submitted the original DMCA notification. If MediaFusion does not receive notification that legal action has been filed related to the allegedly infringing material, we will restore the Content to the Service.
All notices related to the DMCA should be delivered to MediaFusion’s Agent at:
MediaFusion DMCA Agent
Please don’t post stuff that you know is someone else’s, or include stuff in your stuff that you don’t have the rights to. We all know that mistakes can be made. This outlines the process which we can all work through if someone thinks your stuff is really their’s. We hate to get these, so please respect other people’s stuff.
Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and shall be delivered, mailed by first-class mail, postage pre-paid, or sent by electronic mail to us, at:
MediaFusion Attn: Customer Support Department 700 E Sonterra Blvd, Suite 302 San Antonio, TX 78258
Your notice must specify your name and Account. Each such notice, request, or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, (ii) if sent by email, when sent and receipt is electronically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed effective on the date reflected in our records.
Governing Law, Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Texas, excluding that body of law applicable to conflicts of law. You and MediaFusion agree that any suit, action, or proceeding arising out of or relating to this Agreement shall be instituted only in a Texas state or federal court sitting in San Antonio, Texas United States of America. You and MediaFusion each waive any objection you or MediaFusion may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
Links to Other Materials or Sites
Third party sites are not necessarily under the control of MediaFusion and MediaFusion is not responsible for the content of any third party site we link to or any link contained in a non-affiliated linked site. MediaFusion reserves the right to terminate any link or linking program at any time. MediaFusion has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and MediaFusion shall not be responsible for notification of any change in name or location of any information on the Site.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of MediaFusion App. to a third party without notice to you; provided any such third party shall be obliged to honor the terms of this Agreement. You may not assign this Agreement without our prior written consent.
This Agreement constitutes the entire agreement between MediaFusion and you with respect to your use of the MediaFusion Site, Materials, Content, Services, and your Account, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between MediaFusion and you with respect thereto.
Use of Electronic Mail for Communications
You agree that MediaFusion may, from time to time, send electronic mail messages to you regarding new features, promotional materials, service downtime and other communications we believe you may find useful. You may opt out of receiving these emails by terminating your use of the Service and/or your use of your Account.
MediaFusion shall not be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. MediaFusion will notify you in writing within ten (10) business days after the beginning of any such cause that would affect its performance.
Headings and Annotations
The headings and annotations provided in this Agreement and the explanatory notes that accompany it in online form are for convenience only and shall not be deemed to be a part of this Agreement for the purposes of construction or interpretation. You can download a copy of the Agreement between you and MediaFusion here.
The failure of MediaFusion to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.