Terms of Service

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Introduction

Welcome to the M-GO Service, a digital entertainment service (the “M-GO Service”) provided by MediaNaviCo, LLC (“We,” “we” or “M-GO”) that enables our users to browse our catalogue, watch movies, TV shows, video content and other digital entertainment (“Content”) streamed or downloaded over the Internet to certain compatible Internet-connected TVs, computers, mobile phones, tablets, and other devices that enable the M-GO Service (“Devices”), and to communicate about such Content, subject to the terms and conditions herein.  Please read these Terms of Service (the “Terms of Service” or this “Agreement”) carefully.  By using or visiting the M-GO Service, registering for the M-GO Service and/or agreeing to these Terms of Service, you acknowledge that you have read this Agreement and that you agree to be bound by and subject to this Agreement as well as the M-GO Privacy Policy which is hereby incorporated herein. If you do not agree to these Terms of Service, do not use the M-GO Service. In this Agreement, “you” and “your” refers to you, the user of the M-GO Service, or the M-GO websites.  IMPORTANT:  YOU MUST REGISTER AS A USER AND ACCEPT THE M-GO LICENSE & TERMS OF SERVICE IN ORDER TO OBTAIN FULL ACCESS TO THE FEATURES AND FUNCTIONALITY OF THE M-GO SERVICE. LIMITED ACCESS TO CERTAIN M-GO SERVICE FEATURES MAY BE AVAILABLE TO NON-REGISTERED USERS THROUGH THIS WEBSITE, SUBJECT TO THE TERMS AND CONDITIONS PROVIDED BELOW.

Changes to the Terms of Service

M-GO may make modifications, deletions and/or additions to these Terms of Service (“Changes”) at any time.  Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the M-GO Service user interface, is sent to your e-mail address or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms of Service incorporating the Changes, whichever comes first.

Who May Use the M-GO Service

Age Requirement

The M-GO Service is not available for individuals under the age of 13. If you are at least 13 and under the age of 18, you should review this Agreement, as well as our Privacy Policy with your parent or guardian to make sure that you and your parent or guardian understand it. Even if you are old enough to use the M-GO Service and/or have your parent’s or guardian’s permission, some of the content available within the M-GO Service may not be appropriate for you.

Notice To Parents And Guardians

By granting your child permission to use the M-GO Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the M-GO Service.

Watching Content

The availability of Content to watch will change from time to time and may not always be available on any or all Devices.  You must be connected to the Internet for the entire time you are streaming Content.   The quality of the display of the Content may vary from Device to Device, and may be affected by a variety of factors, such as your Device, your location, the bandwidth available through and/or speed of your Internet connection and/or the definition you selected for your Content. M-GO makes no representations or warranties about the quality of your viewing experience on your Device or the ability of any Device to access or play the Content.  In order to stream or download Content, your equipment must meet certain system requirements, including but not limited to having high-speed Internet access. You are responsible for all Internet access and data transmission charges. Please check with your Internet provider for information on possible Internet data usage charges.  You may or may not be able to watch Content simultaneously on multiple Devices at any one time. The number and type of Devices and concurrent streams may change without notice to you.  You may not download or stream Content if you are located outside the United States.  Please review any restrictions regarding simultaneous viewing that may be posted from time to time.

Obtaining Content

When you order or view Content and pay any applicable fees, you will be granted a non-exclusive, non-transferable, non-commercial, limited license to access, use and/or view the Content in accordance with any additional terms that may be provided with your Devices and/or with such Content.  Such additional terms may set forth restrictions as discussed below in “Viewing Period” and also may include restrictions on what Devices can be utilized.  

Viewing Period

M-GO’s authority to provide Content to you is subject to restrictions imposed by the movie studios and other distributors and providers that make Content available to M-GO (“Content Providers”). These Content Providers may designate periods of time when M-GO is prohibited from renting, selling, enabling downloading and/or streaming certain Content to you, including Content that you have previously purchased or rented. You may be able to again rent, purchase, stream, download, and/or view such Content at the conclusion of these restricted periods.  In addition, Content that you rent will only be available for viewing during the applicable exhibition period.

As a result, viewing periods for Content will vary. When you purchase or rent Content, it is your responsibility to review any additional terms and conditions provided to you and by making such purchase or rental you acknowledge your acceptance of and agreement to such additional terms and conditions.  Such additional terms and conditions may set forth restrictions upon your window of time to initiate viewing of content and, once initiated, the duration of time you have to complete viewing such Content. 

UltraViolet™

Your use of certain Content may require you to create an account with the UltraViolet™ content management service (or access an existing UltraViolet™ account) and link it to your M-GO account.  Please click on the following link to access more information on UltraViolet™, including the UltraViolet™ Terms of Use, at http://uvvu.com/terms-of-use.php.

Content Security

You understand and agree that certain Content will include security technology that limits your use of such Content and that any other use of such Content may constitute copyright infringement. Any security technology is an inseparable part of the Content.  You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, remove, alter, deactivate, degrade, or otherwise tamper with any of the security technology related to, or delivered with, such Content for any reason—or to attempt or assist another person to do so. You shall not access or attempt to access an account that you are not authorized to access.

Objectionable Material

You understand that by using the M-GO Service, you may encounter material that you may deem to be offensive, indecent or objectionable, and that such content may or may not be identified as explicit material.  Nevertheless, you agree that your use of the M-GO Service is at your own risk and M-GO shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.  

Billing

By using the M-GO Service, you are expressly agreeing that M-GO is authorized to charge you any applicable purchase fees or taxes and any other charges you may incur in connection with your use of the M-GO Service to the credit card you provided during registration (or to a different payment method if you change your account information) (“Payment Method”). The fees and charges for selected Content, applicable taxes and any other fees incurred will automatically be charged to your Payment Method. Fees are payable only in U.S. dollars. M-GO may change the fees and charges in effect or add new fees and charges from time to time. Upon entering a credit card into your M-GO account, we will validate that your card is an active authorized card. For certain branded cards only, such cards may require a $1.00 authorization charge to be applied to your account, which will be automatically credited back by such card in the same day. In the case of a certain pre-paid cards, the validation process may take longer and the refund may be delayed by up to 48 hours by the issuing bank. Due to authorization balance holds on prepaid cards, some cards that may have a balance may not have an authorized available balance available for purchase or activation. In this case, your card may be rejected by the bank. If your card is rejected and you believe there is a balance on the card, please contact your bank directly and ask that any authorization holds be removed to allow the available balance to be used. Once a pre-paid card has no funds available, the pre-paid card information is dropped from our secured payment processor storage, so a “replenished” card would need to have the card information re-entered by you.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

If you are entering the M-GO Premier App via Roku products, you will be billed by Roku, which provides the billing gateway to M-GO. All transactions however, are sold to you by M-GO and M-GO remains the merchant of record.

Features and Functionality

The M-GO Service may offer features that include the following:

Recommendations

As you rate movies, TV shows, and other content, purchase or rent content, and view movies, TV shows or other content, M-GO uses that data to recommend related content to you.

Account Creator

The user who created the M-GO account is referred to here as the “Account Creator.” The Account Creator has access and control over the M-GO account. The Account Creator’s control is exercised through use of the Account Creator’s password and “pin” and therefore to maintain exclusive control, the Account Creator should not reveal the password or pin to anyone. In addition, if the Account Creator wishes to prohibit others from contacting M-GO Customer Service and potentially altering the Account Creator’s control, the Account Creator should not reveal the Payment Method details (e.g., last four digits of their credit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. BY SHARING THE M-GO SERVICE PASSWORD OR ALLOWING OTHER MEMBERS OF YOUR HOUSEHOLD TO ACCESS YOUR ACCOUNT, THE ACCOUNT CREATOR AGREES TO BE RESPONSIBLE FOR ASSURING THAT THOSE INDIVIDUALS COMPLY WITH THE TERMS OF SERVICE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THOSE INDIVIDUALS’ ACTIONS.

M-GO Admin and Basic Profiles

There are two types of M-GO profiles, “Admin” (the Account Creator’s profile) and “Basic” (sub-account user’s profile). The Admin can create or modify Basic profiles for other members of their household. The Admin manages billing and other account features for both the Admin and Basic profiles. Your children must be of a certain age in order to have a Basic profile. Deletion or termination of an Admin’s profile may result in the deletion and termination of all associated Basic profiles. Only the Admin can give Basic profiles in the account purchasing rights and set a monthly spending limit for each profile.  The Admin will receive e-mail confirmation notices informing the Admin purchases or rentals under the Account. The sub-accounts users will not receive any e-mail notices.

Admin and Basic profiles enable M-GO to tailor recommendations for different people using the same account. To add a Basic profile as an Admin, under “account,” go to settings > profiles and click “add.” An Admin may create up to four additional Basic profiles. The Admin has access and control over each Basic profile, including all of the information provided and features selected for that Basic profile such as the Basic profile user’s name, password, and pin. All information within each profile is personal to that profile and cannot be seen by other Basic profiles. The Admin, however, can see all such information. The Admin may terminate access to any Basic profile by changing the sub-account user’s password and not disclosing this to that sub-account user. The sub-account user will not be able to log in upon his or her next attempt to do so.

 

BY ESTABLISHING A PROFILE, THE ACCOUNT CREATOR AGREES TO BE RESPONSIBLE FOR ASSURING THAT ALL SUB-ACCOUNT USERS COMPLY WITH AND CONSENT TO THE TERMS OF SERVICE AND SUCH ACCOUNT CREATOR SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE SUB-ACCOUNT USERS. BY CREATING A PROFILE, YOU ARE EXPRESSLY CONSENTING TO, AND AFFIRMING THAT ALL SUB-ACCOUNT USERS CONSENT TO, M-GO COLLECTING THE INFORMATION YOU PROVIDE IN ESTABLISHING THE PROFILE AND UNDERSTAND THAT M-GO WILL ASSOCIATE RATINGS PROVIDED BY EACH PROFILE WITH THE INFORMATION YOU PROVIDE. The personally identifying information is subject to our Privacy Policy. If you do not wish to share personal information, you may provide a pseudonym on the Basic profile account. The ability to create multiple profiles within the same account may not be available on all Devices and we reserve the right to modify the M-GO profiles feature at any time without notice.

Links

The M-GO Service may contain links to non-M-GO websites or services.  These links are provided to you as a convenience, and M-GO is not responsible for the content or functionality of any linked website or service.  Any non-M-GO website or service accessed from the M-GO Service is independent from M-GO and the M-GO Service, and M-GO has no control over the content of that website or service.  In addition, a link to any non-M-GO website or service does not imply that M-GO endorses or accepts any responsibility for the content or use of such website or service.  By accessing these links, you agree that you will comply with the linked website’s policies and procedures.

Applications

You may encounter third-party applications (including, without limitation, applications, services, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the M-GO service.  You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, in your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to, import, gather and/or pull information from and to your account on the M-GO Service. Third parties offer these Applications solely as a convenience to you, and M-GO is not responsible for and does not endorse the content or functionality of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY M-GO. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your M-GO account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if M-GO has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold M-GO harmless for the sharing of information that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your M-GO account information with, through or by any other means identified on, an Application. In addition, the Application’s end user license agreement, terms of service, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application’s access to your M-GO account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not M-GO.  M-GO DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Social Media

In connection with your M-GO account, you may have access to certain social media features. You may enable such features in connection with your M-GO account and/or log in to M-GO via various online third party services such as Facebook or Twitter (“Third Party Services”). To take advantage of these features, we may have to authenticate, register for or log into Third Party Services on the websites of their respective providers. By logging into or enabling Third Party Services within your M-GO account, you are allowing us to pass your log-in information to these providers for this purpose. For more information about the implications of activating these Third Party Services and M-GO’s use, storage and disclosure of information related to you and your use of such services within M-GO (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and M-GO shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within M-GO.

You are solely responsible for any and all material that you post, re-post, share or otherwise participate in, in connection with M-GO whether on the M-GO Platform and/or any social media site. Any content that you post, whether in the form of text, photos, or other images, must be owned entirely by you and cannot infringe any right, including without limitation copyright, of any third party. You are specifically prohibited from posting any content that is infringing, obscene, hateful, racially or ethnically offensive, defamatory or otherwise offensive or constitutes an invasion of privacy or infringes a right of publicity. You hereby agree to indemnify M-GO against all claims, injury and/or damages including, without limitation, attorneys’ fees, that arise from any material that you post on any forum or social networking site in connection with M-GO and/or any other claim related to your use of social media.

M-GO reserves the right to remove any material that you post to any social networking site that appears on the M-GO Site and/or Platform. In addition, upon request by M-GO, you agree to remove any material that you have posted to any Third Party Service and/or social networking site in connection with your M-GO account.

You hereby grant M-GO an irrevocable perpetual license to use, reproduce, edit, create derivative works from, distribute, display, copy, transmit or otherwise use in any way, commercially or otherwise, any material that you post to any social networking site in connection with M-GO.

Third party applications, software, and websites may be accessible through this Site and/or in connection with your M-GO account. Your use of such third party resources is subject to the terms and conditions of use and/or privacy policies established by such third parties. Some third parties may impose fees for access to their resources through the Site and/or M-GO account and you are responsible for all such fees.

All references to third party products, services, companies, television stations, networks, programs, and Web sites on this Site, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that M-GO is in any way affiliated with any third party. All third party trademarks displayed on the Site are the property of their respective owners.

M-GO makes no representation whatsoever regarding the content of any other websites accessible through or from the M-GO Site. M-GO has no control over the contents of the websites of third parties and/or the content of over the air broadcast television. A link out to a non-M-GO website does not mean that M-GO endorses or accepts any responsibility for the content or use of such website or any product, service or other material offered on that site or through that content.

Information M-GO Uses from Facebook

When you connect your M-GO account to Facebook, M-GO will import, use, and retain your basic information, which includes your name and profile picture as well as your e-mail address, list of friends, and may also include your Likes and Interests as well as information you make public on Facebook. As part of connecting your M-GO account to Facebook, we may also use other information regarding Facebook to improve the M-GO experience, such as disclosing within M-GO your name and profile picture to your friends. If you connect as part of signing up for M-GO, we will use information from Facebook to create your M-GO account.

If you agree to share your activity with your friends, we will use and disclose information we get from Facebook to better personalize and improve the M-GO experience for your friends. For example, we may use your name and profile picture to show your friends which movies and TV shows you have watched or rated. You will also be able to see similar information on about your connected friends who have agreed to share on M-GO. We will also use other information regarding Facebook to improve the M-GO experience. For example, if you have agreed to share a title to Facebook, we may include that title in rows such as “Popular on Facebook.”

If you log on to M-GO using Facebook Connect, you consent that any information obtained by us by reason of your connection using Facebook Connect may constitute personal information for the purposes of our Privacy Policy, and you consent to our use and disclosure of such information in accordance with our Privacy Policy. If we stop using Facebook Connect as an access mechanism, you consent that we will nevertheless retain any personal information in accordance with our Privacy Policy.

Changes to the M-GO Service

We are constantly changing and improving M-GO. We may add, modify or remove features or functionality at any time, in our sole discretion, with or without notice.

Account Data

You acknowledge and agree to the collection, use and disclosure of data as described herein and in the Privacy Policy.

Termination

You can stop using the M-GO software and M-GO Service at any time.  Also, we may change, suspend, or discontinue any use of the M-GO software or the M-GO Service, or a particular functionality or feature thereof, at any time.  You acknowledge and agree that we may do so in our sole discretion.  You also acknowledge and agree that we will not be liable to you for any modification, suspension, or discontinuance of the M-GO Service and/or M-GO software.  If we change, suspend, or discontinue the M-GO Service, we will give you advance notice where reasonably possible.  In the event the M-GO Service is suspended or discontinued, or you terminate your account, you will not be able to download, stream or otherwise view Content you have purchased or rented on the M-GO Service, unless, with respect to Content you own, you had previously downloaded such Content.  Certain content you may have purchased or rented at M-GO of third party providers may also continue to be accessed but you will need to check with the terms and conditions of such providers.  Under no circumstances will you be entitled to a refund for any Content you may have purchased or rented, including in the event your account is closed. 

 M-GO may terminate this Agreement, or terminate or restrict your use of the M-GO Service and/or M-GO software, with or without notice, at any time and for any reason or for no reason. 

Standards of Conduct

You agree to use the M-GO Service and/or M-GO software, including all features and functionalities associated therewith, in accordance with the terms of this Agreement, all applicable laws, rules and regulations, including public performance limitation or other restrictions on use of the service or content therein.  In addition, you agree to NOT:

  • post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which M-GO considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, excessively violent, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity;
  • introduce viruses, worms, Trojan horses and/or harmful code to the M-GO Service or M-GO software or on the Internet;
  • display material that exploits children under 18 years of age;
  • post any material that, infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
  • promote, solicit or participate in multi-level marketing or pyramid schemes;
  • harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
  • impersonate any other person, including but not limited to, a customer, supplier, M-GO official, expert, guide or host;
  • post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s/guardian’s consent in case of a child under 18 years of age);
  • post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors or promotion of raffles or contests;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the M-GO Service or in connection with your use of the M-GO Service or M-GO software, in any manner;
  • invade the privacy or violate, misappropriate or infringe any personal or proprietary right (including intellectual property rights) of any person or entity;
  • collect, save or otherwise download content from the M-GO Service or M-GO software using automated means such as bots, robots or scrapers; or
  • use or allow others to use the M-GO Service or M-GO software in any manner that attempts to, or is likely to, violate any applicable laws or regulations or violate or infringe any intellectual property rights, rules of publicity or privacy. 

M-GO reserves the right, without prior notice and in its sole discretion, to decide whether you have violated this Agreement for any of the above reasons or for any other reason, and if M-GO does so, whether to terminate your access to M-GO.

Devices & Compatibility

We do not warrant that the software provided by M-GO to utilize the M-GO Service or any other software used in connection with the M-GO Service will be compatible with other third party software nor do we warrant that operation of the M-GO Service and the associated software, including but not limited to, the M-GO software, will not damage or disrupt other software or hardware. In addition, you acknowledge that Devices are manufactured and sold by entities other than M-GO. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE M-GO SERVICE AND/OR ANY SOFTWARE PROVIDED BY M-GO. By using the M-GO Service, you agree to look solely to the entity that manufactured and/or sold you the Device for any issues related to the Device and its compatibility with the M-GO Service and/or the M-GO software. Any issues related to the M-GO Service and/or the M-GO software, including any system requirements, are covered and limited by this Agreement. Please refer to the Disclaimer of Warranties and Limitations of Liability set forth in this Agreement.

Intellectual Property Rights; Restrictions

Restrictions.

This Agreement does not convey any intellectual property rights (which include patent rights, rights in trade secrets, know-how and other confidential information; copyrights and similar rights; trademarks and other rights relating to designations of source or origin; and any other intellectual or industrial property rights) except as expressly provided in this Agreement.  You may need to use certain software and/or hardware to use the M-GO Service.  Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use such software for other purposes is strictly prohibited. 

Service & Software Ownership

As between you and M-GO, you agree that the M-GO Service and any software provided by M-GO are proprietary to M-GO and that M-GO and/or its licensors retain exclusive ownership of the intellectual property rights relating to the M-GO Service and such software, including all modifications, enhancements, derivatives, and other materials relating to the M-GO Service, and all copies thereof.  Your use of any M-GO software or any copy thereof is subject to the applicable license agreement, and you have no ownership rights in or to any M-GO software or the M-GO Service.  You further agree that the Content you access and view as part of the M-GO Service is owned and controlled by M-GO or M-GO’s licensors.  M-GO reserves all rights not expressly granted under this Agreement.

THE M-GO SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY.  UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

Content Ownership & Restrictions

You understand and agree that the Content is licensed by M-GO from Content Providers. Copyrights in the Content are owned by or licensed to such Content Providers and protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Except as expressly provided herein, no right, title or interest in the Content is transferred to you. Notwithstanding the use of terms “purchase” “sale” and “rental,” all Content is licensed and is not sold, transferred or assigned to you. By purchasing or renting Content you will only receive a limited license in the Content as set forth above under the heading “Obtaining Content.”  Such Content may only be viewed for personal, non-commercial purposes. You may not edit, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, translate, create derivative works from, transfer, alter, adapt, sell, rent, lease or sublicense any Content, or use any Content in any advertising or promotional materials, or facilitate any of the foregoing. Without limiting the generality of the foregoing, you may not (i) show any Content to any public audience or view it in a public location; (ii) attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human readable format. Any unauthorized copying or other activities that infringe upon the intellectual property rights of the providers or owners of the Content is prohibited.  

Except as specifically granted herein, all rights to the Content are reserved by the owners of such Content.

No Other Rights

Except as expressly set forth in this Agreement or other written agreement between you and M-GO, no license or other right in or to the M-GO Service or M-GO software or Content is granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.

Suggestions

If you provide any feedback, comments, improvements or other suggestions (collectively, “Suggestions”) to M-GO regarding the M-GO Service, the M-GO software or any other M-GO products or services, you hereby grant to M-GO a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable license, with right to grant sublicenses, to exploit and distribute the Suggestions in connection with the M-GO Service, M-GO software and any other products or services.

Limited Warranty

You represent and warrant that you have the legal power to enter into this Agreement.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE M-GO SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  M-GO MAKES NO WARRANTY THAT THE M-GO SERVICE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO DOWNLOAD, COPY, STORE, RECORD, VIEW OR TRANSFER ANY PARTICULAR CONTENT, OR THAT THE M-GO SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES M-GO MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE M-GO SERVICE (INCLUDING ANY THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE M-GO SERVICE WILL BE CORRECTED OR THAT THE SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE, SOFTWARE OR SERVICE.  M-GO DOES NOT WARRANT THAT THE M-GO SERVICE OR RELATED SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT M-GO) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.  M-GO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR HARDWARE OR SOFTWARE.  M-GO AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE M-GO SERVICE OR RELATED SOFTWARE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.  SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OR LIMITATION OF CERTAIN WARRANTIES, SO CERTAIN OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE ABOVE PROVISIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL M-GO, ITS LICENSORS OR ANY CONTENT PROVIDER BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, NOR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE M-GO SERVICE, ANY CONTENT OBTAINED THEREFROM OR THIS AGREEMENT, EVEN IF M-GO, ITS LICENSORS OR A CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  M-GO’S, ITS LICENSORS, AND/OR ANY CONTENT PROVIDER’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR FROM THE USE OF THE M-GO SERVICES OR ANY CONTENT OBTAINED THEREFROM, SHALL NOT EXCEED THE GREATER OF (i) AMOUNTS PAID BY YOU TO PURCHASE OR RENT CONTENT FROM THE M-GO SERVICE DURING THE SIX MONTHS PRECEDING THE DATE OF THE CLAIM AND (ii) ONE HUNDRED U.S. DOLLARS.  FURTHER, WE SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE OR PERSONAL INJURIES OR DEATH CAUSED BY THE USE OF THE M-GO SERVICE, M-GO’S USE OF DATA GENERATED THROUGH USE OF THE M-GO SERVICE OR BY ANY ERRORS, DELAYS OR FAILURES OF THE M-GO SERVICE.  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU; IN SUCH CASE, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS M-GO AND ITS CONTENT PROVIDERS, SUPPLIERS AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, DAMAGES, LOSSES, FINES, COSTS AND EXPENSES OF ANY KIND OR NATURE (INCLUDING REASONABLE ATTORNEYS’ FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST US OR THE M-GO SERVICE, RELATING TO OR ARISING OUT OF A BREACH OF ANY TERM OF THIS AGREEMENT, MISUSE OF THE M-GO SERVICE OR UNAUTHORIZED MODIFICATION OR ALTERATION OF SOFTWARE FOR THE M-GO SERVICE, IN EACH INSTANCE BY YOU OR BY ANY USER WHOM YOU HAVE AUTHORIZED AND/OR FOR WHOM YOU HAVE CREATED A PROFILE. 

Notice and Takedown Procedures; Copyright Agent

If you believe any materials accessible on or from the M-GO Service infringes your copyright, you may request removal of those materials (or access thereto) from the M-GO Service by contacting our copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.<
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.


Our agent for copyright issues relating to M-GO is as follows:

Copyright Agent

3534 Hayden Avenue
Culver City, CA 90232

Tel: 310.736.9400

E-mail: m-gocopyright@mgo.com

In an effort to protect the rights of copyright owners, M-GO maintains a policy for the termination, in appropriate circumstances, of users of the M-GO Service who are repeat infringers.

 

Miscellaneous

Governing Law; Dispute Resolution

This Agreement shall be governed by the laws of the State of California, excluding: (i) its conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. All disputes arising out of or relating to this Agreement shall be brought before and finally resolved by arbitration before a single arbitrator conducted in the English language in Los Angeles, California U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).  You consent to the exclusive jurisdiction of the AAA and to the service of process by mail outside the State of California in any such matter so to be submitted to it.  You and M-GO shall appoint as sole arbitrator a person mutually agreed by you and M-GO or, if you and M-GO cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party.  The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, M-GO shall be entitled to seek injunctive relief, security or other equitable remedies from any other court of competent jurisdiction. YOU AND M-GO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and M-GO agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.  If either of the foregoing two sentences is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Content Providers are third-party beneficiaries of the Terms of Service and may enforce these Terms of Service at law or in equity, to the same extent as if such Content Providers were a party to this Agreement.

Third Party Products and Advertisements

The M-GO Service may include advertisements or other links relating to products and services that are offered, sold, operated and otherwise made available by third parties.  In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by M-GO of that third party or of any product or service provided by a third party.  You acknowledge and agree that M-GO shall not have any liability to you with respect to any such third parties or products and services of such third parties, and that your dealings with all such third parties, including without limitation any purchase or use of any products or services, is at your own risk. 

Assignment

You may not assign or transfer this Agreement in whole or in part to any third party.  M-GO may assign this Agreement and any of its rights hereunder in whole or in part to any third party.  This Agreement shall bind and inure to the benefit of the parties to this Agreement and their respective successors, permitted transferees, and permitted assigns. 

Independent Contractors

M-GO and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.

Export Restrictions 

The laws of the United States of America prohibit the export of certain products, software and data to particular persons, territories and foreign states. Nothing from the M-GO Service may be exported, in any way, in violation of United States law.

Headings; Severability

The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement/Modifications

These Terms of Service, together with the Privacy Policy, contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written), and cannot be amended except as set forth above under “Changes in Terms of Service.”

For Additional Information

The M-GO Service is provided by:

MediaNaviCo LLC

3534 Hayden Avenue
Culver City, CA 90232

855-646-2580

If you have any questions about the rights and restrictions above, or have any questions or complaints regarding the M-GO Service, please contact us by email at help@mgo.com.

California Residents

If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.

© 2013 MEDIANAVICO LLC. All Rights Reserved. "M-GO" is a trademark of MediaNaviCo LLC.

Date Last Updated:  October 1, 2013

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