Terms and Conditions
PLEASE
NOTE!
PLEASE, READ OUR TERMS AND CONDITIONS AGREEMENT
THROUGHLY BEFORE USING ANY CONTENT FROM THIS WEB SITE IN ANY WAYS. BY CLICKING
ON THE "YES" OR "ACCEPT" BUTTON, OR OTHERWISE DOWNLOADING
OR ACCESSING THE EXPOSED CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS AGREEMENT PROVIDED AT THIS PAGE. WE STRONGLY SUGGEST YOU PRINT OUT A
COPY OF THIS TERMS AND CONDITIONS AGREEMENT FOR POSSIBLE USE IN FUTURE. IF YOU
DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AGREEMENT PROVIDED AT THIS
PAGE, YOU SHOULD CLICK THE "DO NOT ACCEPT" OR "REJECT"
BUTTON OR OTHERWISE TERMINATE THE CONTENT DOWNLOAD. ON BEHALF OF THE CONTENT
PROVIDER (AS DEFINED BELOW), WE AGREE TO LICENSE THE CONTENT TO YOU ONLY IF YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AGREEMENT PROVIDED AT THIS PAGE.
In order to cancel your subscription from rebilling, please contact CCBill's Consumer Support department - https://support.ccbill.com/ . Definitions
a) Content
All materials that can be downloaded from this
Web site, comprising the following: all literary works, text, pictures,
graphics, photographs, animation, movies and audio clips, motion pictures and
other audio visual works, video games, music, soundtracks, button icons,
streaming data, images, compilations, .RAM and .AVI files or any other software
files (in object code or source code format).
b) Content Provider
Means MSTX.COM.
2.
License Grants and Proprietary Rights
a) License Grant
According to this Terms and Conditions
agreement, if you are a registered member of this Web site or a person
otherwise permitted to access and download content supplied by the Content
Provider, Content Provider grants you a limited, non-transferable,
non-assignable, non-exclusive, worldwide active right to use the available
Content solely for your personal use. Commercial use of Content by Members is
strictly forbidden. You have the right to download Content onto the hard drive
of your personal computer not intended for commercial use. The rights granted
hereunder allow you to use the applicable Content, not sell it.
b) Existing restrictions on use of provided
Content
By signing in to the Web site you agree that you
will not, nor will you authorize or permit others to:
(1) reengineer, decompile or disassemble the
software components of the Content or otherwise attempt to discover the source
code of the software components of the Content;
(2) sell, rent, lease, license, sublicense,
transfer, distribute, re-transmit, time-share, use or make available on a
service bureau, or otherwise grant the access to or any other rights to license
Content to any third party,
(3) create any derivative works based on the
Content or otherwise modify it; or
(4) overreach any encryption or other active
security tools used anywhere in the Content, or at the web site itself.
c) Ownership
As between the parties, the Content and all
patents, copyrights, trade secrets, trademarks, service marks, know-how and any
other proprietary rights therein or thereto, are hereby considered to be the
exclusive property of Content Provider (or Content Provider�s licensors), and
you have no right, title or interest in and to the Content by virtue of this
Agreement other than the limited-time access and other licenses granted herein
expressly in Section 2(a) above.
d) Notices
The following proprietary rights and other
notices must be applied to each copy of the Content as may be provided by
Content Provider to you every once in a while, or as may be generated
automatically by the Content itself. You don�t have the right to remove or
obscure any of such notices
e) Penalty for Breach of License
In addition to all other rights and penalties in
the jurisdiction of Content Provider, any breach of licensing provisions stated
in Section 2 of this Agreement by you or by any third party to whom you have
provided access to the Content is considered to be a material breach of this
Agreement and Content Provider shall have the right to terminate this Agreement
without any prior notice and resort to the help of all available penalties,
including but not limited to injunctive relief for patent, copyright, or
trademark infringement, misappropriation of trade secrets, breach of
confidence, or any other theory, as applicable.
3.
Sharing Content
Sharing Content is prohibited - paying for a
video access only grant you a personnal use.
Sharing a video expose you to a penalty of
10.000 US$ plus an additionnal fees depending on the number of view of the
video.
Content diffusion is currently protecting minor for
accessing Adult content
You have to pay an adult access to watch any
adult content on Content Provider Website.
If Customer share any Content to minors -
directly or by publicly sharing - Customer will be responsible on his own for
spreading Adult Content to minors.
This action is illegal in most country
3. Fees
a) Fees
By signing in to this Web site you agree to pay
Content Provider all fees required for you to gain access to the Content and
the right to download it, as provided as part of the download/installation
process, or otherwise as part of provided membership to this Web site (as
applicable). All payments shall be carried out due to the stated date and made
in USD. Any unpaid fee will accrue interest at an annual rate of 1.5% or the
highest legal rate, in case it happens to be lower, of the unpaid balance until
paid. Content Provider reserves the right to increase the existing fees from
time to time to itself.
b) Taxes
All fees and charges collected from the Member
during the download/installation process do not include any federal, state, or
local sales, use, value-added, property, excise, withholding or other taxes,
customs or duties now or hereafter levied which shall be for your account. Any
taxes or amounts in lieu thereof paid or payable by Content Provider in respect
of any such taxes on such fees or charges (excepting only taxes on net income)
shall be added to your obligations as an additional charge, which shall be due
within thirty (30) days after invoice therefore.
4. No
Warranties
BY SIGNING IN TO THIS WEB SITE YOU EXPRESSLY
AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR OWN DISCRETION AND RISK. THERE IS
NO WARRANTY EITHER EXPRESS OR IMPLIED APPLICABLE TO THE CONTENT, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CONTENT PROVIDER DOESN�T
GUARANTEE THAT THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES CONTENT PROVIDER GUARANTEE THE QUALITY, SUITABILITY, TRUTH,
ACCURACY OR COMPLETENESS OF THE CONTENT. BY SIGNING IN TO THIS WEB SITE YOU
ALSO EXPRESSELY UNDERSTAND AND AGREE THAT YOU SOLELY WILL HOLD THE
RESPONSIBILITY FOR ANY DAMAGE TO YOUR SYSTEM OR ANY LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF THE CONTENT. CONTENT PROVIDER DOES NOT GUARANTEE THE
QUALITY OF ANY PURCHASED GOODS OR SERVICES ACQUIRED THROUGH THE CONTENT AND
DOES NOT HOLD ANY RESPONSIBILITY FOR ANY USE OF CONFIDENTIAL OR PRIVATE
INFORMATION BY ANY THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN
WARRANTIES TO BE EXCLUDED, THUS SOME OF THE EXCLUSIONS STATED ABOVE MAY NOT APPLY
TO YOU.
5.
Indemnity
By signing in to this Web site you agree to
indemnify Content Provider against any and all claims, liabilities, and costs,
including reasonable attorneys fees, reasonably incurred in the defense of any
claim or suit arising out of or otherwise related to this Agreement, including
without limitation, any breach or threatened breach by you of this Agreement.
Content provider guarantees to notify you of any such claims or suits and to
cooperate with you (at your expense) in order to defend such claim or suit.
Content Provider may also take part in the defense of such claim or suit at its
own expense.
6.
Limitation of Liability
IN NO CASE WILL CONTENT PROVIDER (OR ITS
LICENSORS) BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INCIDENTAL,
INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES CAUSED BY OR SOMEHOW
ARISING OUT OF THIS AGREEMENT, EVEN IF THE CONTENT PROVIDER HAS BEEN WARNED
ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL CONTENT PROVIDER HOLD
THE LIABILITY FOR DIRECT DAMAGE IN CASE IT EXCEEDS THE TOTAL SUM OF MONEY PAID
BY YOU FOR USE AND ACCESS TO THE CONTENT.
7. Term
and Termination
a) Term
The term of this Agreement shall begin on the
date that you first carry out the download or installation of the Content and
will be in power until the time when either party terminates this Agreement,
with or without explaining the cause.
b) Effect of Termination
In case this Agreement gets terminated for any
reason,
(1) all licenses granted to the Member hereunder
shall terminate immediately,
(2) you will have to get rid of all copies of
the Content (including, without limitation deleting the Content from any cached
files on the hard drive of your computer); and
(3) Content Provider will immediately terminate
your right to access/view/download the Content.
c) Survival
The parties rights and obligations stated in the
Sections 2(b), 2(c), 2(e), 3, 4, 5, 6, 7(b), and 8 shall survive the expiration
of any kind or earlier termination of this Agreement.
8.
General Terms
a) Governing Law
This Agreement itself and all matters arising or
somehow related to this Agreement, are governed by the laws of United Kingdom
solely, excluding its conflict of law provisions. Both the Content Provider and
the Member agree that United Kingdom Convention on Contracts for the
International Sale of Goods should not be applied to this Agreement by any
means. The parties hereby claim themselves responsible to the personal
jurisdiction of United Kingdom. b) Rights to Injunctive Relief
Both parties acknowledge that legitimate
penalties may not satisfy an aggrieved party in case of the other party breach
of Section 2, and that an aggrieved party therefore has the right to seek
injunctive relief in case of any such breach, in addition to the penalties
provided by the law.
c) Arbitration
In case a dispute between two parties arises out
of or in relation to this Agreement, the parties guarantee to meet and
negotiate in good faith to attempt to neutralize the reason of such dispute. In
case the direct negotiation proves to be insufficient in solving the problem,
then, except as otherwise provided herein, either party has the right to seek
for arbitration in accordance with the current Commercial Arbitration Rules of
the American Arbitration Association. The arbitration shall take place in
London, United Kingdom, and conducted by a single arbitrator, knowledgeable in
software, the Internet and e-Commerce. The party responsible for starting the
lawsuit shall be responsible for holding it all at its own expense. The parties
acknowledge that the arbitrator shall have no authority to award any punitive
or exemplary damages, certify a class action, add any parties, or to vary or
ignore the terms of this Agreement and shall be bound by governing and
applicable law. Please note, that this Section doesn't apply to any breach (or
any allegation which if true would constitute a breach) of Section 2.
d) Assignment
The rights and liabilities of the parties hereto
will bind and inure to the benefit of their respective assignees, successors,
executors, and administrators, as the case may be. Neither the rights granted
by this Agreement nor the Agreement itself may be sold, leased, assigned or
otherwise transferred, in whole or in part by you.
e) Severability
If for any reason a court of competent
jurisdiction or arbitrator finds any provision of this Agreement, or any part
of it to be unenforceable, that provision will be enforced to the maximum
permissible extent and the remaining part of this Agreement will apply in full
force and effect.
f) No Waiver
In case either party fails to enforce any
provision of this Agreement, neither will it be deemed a waiver of future
enforcement of that or any other provision, nor a waiver of one breach will
constitute a waiver of subsequent breaches of the same or of a different
nature.
g) Complete Agreement
This Agreement represents the entire agreement
between the Content Provider and the Member with respect to the subject matter
hereof, and supersedes and replaces all previously existing or contemporaneous
understandings or agreements, either written or oral, regarding such subject
matter. No amendment to or modification of this Agreement will be binding
unless done in writing and signed by authorized representatives of both the
Content Provider and the Member.
h) Relationship Between the Parties
Content Provider is an independent contractor;
thus nothing in this Agreement shall be construed to create a partnership,
joint venture or agency relationship between the Content Provider and the
Member.
i) Headings
All section and subsection headings of this
Agreement are made for convenient use only and shall not be regarded as able to
affect the meaning thereof.
j) Force Majeure
Content Provider shall not be responsible for
any failure to fulfill its liabilities due to force majeure or to causes lying
beyond its reasonable control, comprising: acts of God; war, riot, embargoes,
acts of civil or military authority, or terrorism; fire, flood, earthquakes,
hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or
shortages in transportation, facilities, fuel, energy, labor or materials;
failure of the telecommunications or information services infrastructure; hacking,
SPAM, or any failure of a computer, server or software, including Y2K errors or
omissions, etc for so long as such event results in Content Provider�s failure
to fulfill its liabilities.
k) Export
By signing in to this site you expressively
understand and acknowledge that the software elements of the Content may be
regulated by agencies of the United Kingdom Government, e, whose has the right
to prohibit export or diversion of software to certain countries and third
parties. You guarantee to avoid assisting or participating in any such
diversion or other violation of applicable United Kingdom laws and regulations.
You guarantee not to license or otherwise permit anyone not allowed to receive
controlled commodities under applicable United Kingdom laws and regulations and
that you will abide by such laws and regulations. You shall not cause any hard
to the Content Provider or indemnify Content Provider from any breach or
threatened breach of this Section 8(k).
l) Government Rights
The software components of the Content have been
developed at private expense and is commercial computer software or restricted
computer software within the meaning of the FARs, the DFARs, and any other
similar regulations relating to government acquisition of computer software. Nothing
contained herein can be deemed to:
(1) grant any government agency any license or
other rights greater than are mandated by statute or regulation for commercial
computer software developed entirely at private expense, or
(2) restrict any government rights in any
extensions or custom solutions provided hereunder and developed at government
expense.
9 .
Refunds and Chargebacks
Mstx.com does not provide cash refunds. We do,
however, grant credits in the form of free monthly memberships to resolve
customer service issues. The billing system used by Mstx.com or our authorized
agents provides extensive credit card fraud protection measures and our Sites
include many features to protect users from accidental charges. Therefore,
refunds to your credit card will be provided only under the rarest of
circumstances such as persistent technical problems originating with our
equipment.
Mstx.com will handle each refund case on an
individual basis and you may be required to provide Mstx.com with evidence to
support your claim(s). Before a refund will be issued, Mstx.com will first
attempt to resolve the issue. If Mstx.com cannot resolve the issue, at the
discretion of Mstx.com, you may be offered an extension to your subscription or
be issued a refund or partial refund.
Should a refund be issued by Mstx.com, all
refunds will be credited solely to the payment method used in the original
transaction. Mstx.com will not issue refunds by cash, check, or to another credit
card or payment mechanism.
Please note that all chargebacks are thoroughly
investigated and may add you to a black list with our processor which will
complicate future purchases. Denying a purchase that you have made is illegal
and will result in an investigation which can lead to heavy fines or other
legal action towards you. Your credit can be affected by false claims of fraud