User Agreement
MGID User Agreement and Terms of Service (TOS)
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED
BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR
USE THE CONTENT OR ANY SERVICES IN THE SITE. MGID'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL
OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY MGID, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1. User’s Relationship with MGID
1.1. The User’s use of the MGID website, services and information provided by the MGID website is subject to the terms of the following Terms of Service agreement
(TOS) between the User and MGID.
1.2. The User is defined as anyone who uses the MGID website and any information and services provided by MGID.
1.3. The MGID website refers to the Internet site with the address MGID.com as well as banners and advertisements on other websites with a hyperlink(s) to MGID.com.
1.4. MGID “services” refers to the ability that MGID gives Users to publicize news on the MGID website in the form of an article caption (or post), short description
and picture with a link to the website where this article is published. MGID doesn’t create, write, or publish news stories or articles.
1.5. The MGID website, services and information will be referred to collectively as the “Services” in this document excluding any additional services provided to the
User by MGID under a separate written agreement.
1.6. MGID reserves the right to change the Terms of Service (TOS) without notifying the User. The most recent Terms of Service can be found at
http://mgid.com/pages/agreement.html.
2. Accepting the Terms
2.1. In order to use the Services, the User must first agree to the Terms of Service (TOS). The User may not use the Services if he/she does not accept the TOS. If the
User is already using the Services, but the User has not accepted the TOS, then the User must stop using MGID’s Services immediately.
2.2. The User can accept the Terms of Service simply by using the Services. In this case, the User understands and agrees that MGID will treat his/her use of the
Services as acceptance of the Terms of Service from that point onwards.
3. Use of Services by the User
3.1. MGID enables the User to publicize news and articles from the original website where the news and articles were published. The content of the
post/caption/announcement/headline/hyper-link/photo (hereafter referred to as “Link”) may differ from the content of the article for which the link was made.
3.2. In any Link the User can use any picture or image which is published on the same page of the website where the original article is published and is relevant to
the article. This picture or image will be published as a thumbnail. The User who publishes the Link and the website where the aforementioned article was published
bear complete responsibility for any infringement of a third party’s copyright (copyright of the person(s) or organization(s) who created or owns the content of the
article or photo) if such an infringement of copyright occurs.
3.3. In a Link, the User is allowed to use any picture or image which is NOT published on the same page of the website where the publicized article is published. In
this case the picture or the image must be taken from open resources only (licensed free resources) and will be published as a thumbnail in the Link.
3.4. The content of the picture or image in a Link may differ from the topic of the Link’s caption, from the Link’s short description, from the original article’s
caption, and from the content of the original article. The person(s) shown in the photo in the Link may differ from the person(s) shown or mentioned in the article.
The picture used in the Link may be unrelated to the content of the original article.
3.5. The User understands and agrees that he/she is responsible for any information, data, written text, pictures, images, video and other content (hereafter referred
to as “Content”) which he/she publishes on the internet using the Services of MGID. This means that only the User (and not MGID) bears full responsibility for all
Content which the User publishes, uploads, sends, transfers, receives, shares or otherwise makes public using the Services of MGID. MGID does not monitor the Content
published, posted, uploaded, sent, transferred, received, or shared with its Services and therefore does not guarantee the accuracy, completeness, comprehensiveness or
quality of any Content. The User understands that while using the Services of MGID he/she might come into contact with Content that could seem offensive, indecent or
objectionable. MGID is not responsible for any Content created by the use of the Services by any User under any circumstances.
3.6. The User agrees that MGID is not obliged to check any of the Content before it is published. The User also agrees that MGID has the right (but shall have no
obligation) to refuse or remove any or all Content (which is available through the Services of MGID) at its own discretion. The User agrees that MGID is not liable for
the accuracy, reliability, completeness or usefulness of the Content displayed on the site or through the MGID Services.
3.7. The User agrees and understands that he/she uses the Services at his/her own risk.
3.8. The User takes into account that MGID Service technology may require sending Content (which the User wants to publish) through a computer network or changing the
Content in order to meet specific technical requirements.
3.9. The User agrees NOT to use the Services to:
a. post, upload, email, transmit, share or otherwise make public any Content which is recognized as illegal, harmful, threatening, immoral, slanderous, infringing upon
someone’s copyright, popularizing violence and/or any sort of discrimination (racial, ethnic, sexual, social or any other sort of discrimination), and/or insulting a
particular person or organization;
b. infringe upon the rights of minors and/or cause any sort of harm to minors;
c. discriminate against minorities;
d. give untruthful information about his/her identity or identify himself/herself as a representative of an organization/company (including introducing himself/herself
as a MGID representative, MGID employee, MGID forum moderator, or MGID owner) without having the right to do so, and to offer any false representation of the
properties and/or characteristics of other persons, entities, companies, or products;
e. post, upload, email, transmit, share or otherwise make public any Content which is forbidden to post, upload, email, transmit, share or otherwise make public
according to the law or a contractual agreement with a third party;
f. post, upload, email, transmit, share or otherwise make public any Content which affects a third party’s license, trademark, commercial secret, copyright or any
other sort of possessive rights (rights of ownership);
g. post, upload, email, transmit, share or otherwise make public any Content which encourages/propagandizes ethnic strife, incites violence against a certain person(s)
or group of people, violence against animals, and/or encourages the abuse of law;
h. post, upload, email, transmit, share or otherwise make public any Content which contains computer viruses, threats or other codes, files, or software which are
intended to harm, destroy or restrict the functionality of any hardware or software, or which can be used for unauthorized access/data trespassing, or which contain
serial numbers for licensed software, cracked software, logins, passwords or other tools for unauthorized access to any licensed protected software or data on the
Internet;
i. abuse of any local, state or international laws;
j. collect and store the private data of other users;
k. engage in the unauthorized use of advertising, commercial or promotional content without an agreement with, or permission from, the concerned party;
l. post, upload, email, transmit, share or otherwise make public any content containing crude or offensive words, phrases or sentences;
m. post, upload, email, transmit, share or otherwise make public any Content which contains nudity or pornography.
3.9.1 MGID reserves the right (but shall have no obligation) to refuse or remove any or all Content from the Services at its own discretion if the said Content does
not meet the requirements of the Terms of Service. MGID is not obliged to notify the User of the reasons for removing or rejecting any Content.
4. Non-commercial Use
4.1. The User agrees not to reproduce, copy, sell or use for commercial purposes any parts of the Services, not to access (or attempt to access) any of the Services by
any means other than through the interface that is provided by MGID, unless the User is granted special rights by MGID specifically in order to do so. MGID doesn’t
bear any responsibility for any legal agreements between the User and any other third parties.
4.2. The User agrees to refrain from trying to crack any of MGID’s software or data or to decompile the MGID software source codes used in the Services with the
intention to install it on his/her PC, phone, pocket PC or other electronic device.
5. General Terms of Use and Storage
5.1. MGID is not responsible for any delays, failures, incorrect or untimely publications, or the removal or loss of any data.
5.2. The User agrees that MGID may make changes to the rules and restrictions of use from time to time with or without notification of the User.
5.3. The User agrees that any Content published with the MGID Services as open Content can be used by MGID at its own discretion for its own purposes and the User
cannot claim compensation (monetary or otherwise) from MGID for doing so.
6. Proprietary Rights
6.1. The User acknowledges and agrees that all MGID Services and software are protected by copyright, trademark, license, intellectual property laws and any applicable
laws of the United States of America, laws of other countries and/or international laws.
6.2. MGID gives the User a personal, non-assignable and non-exclusive license to use the software provided to him/her by MGID as part of the Services. The User may not
(and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the
Software or any part thereof. The User agrees that he/she will not reproduce, duplicate, copy, sell, trade or resell the software provided to him/her as a part of the
Services for any purpose and also will not modify the Services for any purpose.
6.3. Unless the User has agreed otherwise in writing with MGID, the User may not use objects of MGID intellectual property (such as logos, trade names, trademarks and
other brand features, MGID website content etc.).
7. Exclusion of Warranties
7.1 MGID does not guarantee to the User that his/her use of the Services will be uninterrupted, timely, secure or free from error.
7.2 MGID does not bear responsibility for the Content created and displayed by other Users through the Services.
7.3 The User is solely responsible for any breach of any sort of third party rights.
7.4 If the use of the Services by the User results in complaints or claims from a third party addressed to MGID concerning the breach of their rights (including
copyright infringement or a person(s) depicted in the photos in the Content who does not want the images to be used in the Services) the User is held fully responsible
and must take actions on her/his own to satisfy such claims and complaints.
7.5 MGID may (but has no obligation to) review, modify or remove Content published by the User.
7.6 MGID is not liable to the User for any loss of information which the User publishes on or with the Services of MGID.
7.7 The User understands and agrees that:
a. The Services are provided "as is". MGID does not guarantee that the Services will accommodate or fulfill the User’s purpose(s) for using them;
b. MGID does not guarantee that the Services will meet the User’s requirements or expectations; that the Services will be uninterrupted, timely, secure or free from
error; that any information obtained by the User as a result of his/her use of the Services will be accurate or reliable; that the quality of any product, information
etc. obtained by the User as a result of his/her use of the Services will meet the User’s expectations; that defects in the operation or functionality of any software
provided to the User as part of the Services will be corrected;
c. The User understands that he/she uses the information obtained through use the Services at his/her own risk;
d. MGID is not liable to the User for any direct or indirect losses which may be incurred by the User due to the availability or unavailability of the Services or the
behavior of a third party concerning the Services;
e. The Services may include hyper-links to other websites or content or resources. The User acknowledges and agrees that MGID is not responsible for the availability
of any such external sites or resources, for their content, and/or for any loss or damage which may be incurred by the User as a result of his/her use of such external
sites or resources.
8. Other General Legal Terms
8.1 Unless the User has agreed otherwise in writing with MGID, all complaints, claims, requests, questions and other inquiries must be addressed to support@mgid.com.
8.2 The Terms of Service (TOS) is a binding agreement between the User and MGID which regulates the User’s use of MGID’s Services.
8.3 The User and MGID USA, Inc. agree that all contentious cases will be held under the law of the United States of America.
8.4 Since the provision of Services by MGID is free of charge, the User agrees that consumer protection laws are not applicable to the Terms of Service.
8.5 Nothing in the TOS can be recognized as an establishment of friendship, business partnership, employment, representative relations or any other sort of
relationship between the User and MGID which is not directly described under the Terms.
8.6 If any part of the TOS is proved to the satisfaction of a jury as being invalid or as having a non-binding nature, the rest of the Terms of Service will still
remain binding.
8.7 If the User (or any other users) breaks the Terms of Service and MGID does not act to protect its interests, this does not mean that MGID cannot decide to
prosecute any offender in the future.
9. User Registration Obligations
9.1 In consideration of your use of the MGID Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving
the MGID Services under the laws of the United States or other applicable jurisdiction.
9.2 As a condition to using Services, you are required to register with MGID and select a password and screen name (MGID User ID). You shall provide MGID with
accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination
of your MGID account. You may not
(i) select or use as a MGID User ID a name of another person with the intent to impersonate that person;
(ii) use as a MGID
User ID a name subject to any rights of a person other than you without appropriate authorization; or
(iii) use as a MGID User ID a name that is otherwise
offensive, vulgar or obscene. MGID reserves the right to refuse registration of, or cancel a MGID User ID in its discretion. You shall be responsible for maintaining
the confidentiality of your MGID password.
9.3 Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a
corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
10. MGID Privacy Policy
10.1 MGID restricts access to the private information of the Users according to the law of the United States of America.
10.2 The User agrees that MGID may use general information about the User in market research and targeting.
11. Respect of other Internet Users
11.1 The Users and MGID agree to respect the rights of other Internet users (whether they use the MGID Services or not), be polite to each other, follow the code of
ethics and the traditions of Internet use, and agree not to use MGID Services with the aim to abuse morals and/or ethics in any way.
12. Content license from the User
12.1 Unless agreed otherwise, the User retains the copyright and any other rights he/she already holds in the Content which he/she submits, posts or displays on or
through the Services. The User is solely responsible (as established by the current law of the United States of America) for the use of Content which does not belong
to him/her and for the breach of any third party copyright. If the User is found to have published Content which does not belong to him/her, it will be removed at the
first request of the owner of the content (or the person(s)/entity effected).
13. Violation of the Terms
13.1 The User is requested by MGID to report any violation of the Terms to support@mgid.com. The report should include as many details as possible. Hyperlinks to
specific statements/comments would be the most significant and would hasten the processing of the report.
14. Service Interruption and Force Majeure
14.1 MGID may temporarily suspend the availability of the Services to carry out scheduled hardware and software tests and/or updates (or any other necessary technical
tasks). The User will be sent a notification about the start of such tasks one hour in advance along with information about when the task(s) will be finished.
14.2 In case of a force majeure, MGID software/hardware failures or breakdowns, failures or breakdowns of the hardware/software of MGID’s partners (including failures
and breakdowns which occur due to the actions of a third party) the provision of the Services may be interrupted without notification of the User.
15. Consideration of a Claim
15.1 All claims from a User(s) concerning his/her relationship with MGID will be considered in the follow way:
a. If the User is certain that his/her rights or interests have been infringed upon due to the actions of MGID, then he/she is requested to send his/her claim to
support@mgid.com. The personal information (e.g. name, surname, e-mail) which was provided during the User’s registration should be included in the claim;
b. The claim will be considered by MGID within 5 business days from the day the claim is received, and the User will be sent a letter from MGID with a decision on
his/her claim. The letter will be sent by e-mail to the email provided by the User in the claim;
c. In case the User is not satisfied with the decision for his/her claim, it will be considered according to these Terms of Service;
d. Unidentified claims will not be considered. If personal information is included in the claim but it is impossible to identify the User on the basis of the
information provided, then the claim will not be considered.
16. Changes to the Terms
16.1 MGID may make changes to the TOS without notifying the User.
16.2 The changes to the TOS take effect 3 days after they are displayed at http://mgid.com/pages/agreement.html.. The changes can take effect later than 3 days after
being posted, and in this case the details about when they will take effect will be provided.
16.3 The User understands and agrees that if he/she uses the Services after the date on which the Terms of Service have taken effect, MGID will treat his/her use of
the Services as acceptance of the updated Terms of Service. If User does not agree with any changes made to the Terms, then he/she must stop using the Services
immediately.
17. Changes to the Law
17.1 MGID may make changes to the Terms of Service according to changes made to the laws of the United States of America, and/or other
countries or international laws (if such changes to law occur) if these changes to the law affect MGID or its Services.
18. MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind MGID in any
respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
MGID shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MGID's reasonable control, including,
without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Service is not assignable,
transferable or sublicensable by you except with MGID's prior written consent. MGID may transfer, assign or delegate the Terms of Service and its rights and
obligations without consent. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and
that all modifications must be in a writing signed by both parties, except as otherwise provided here in.
