Terms of Service

These are My Creative Habitat’s Terms of Service. They were last updated on July 11, 2022.

PLEASE READ THE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY MY CREATIVE HABITAT LLC (“MCH”). THIS AGREEMENT IS A CONTRACT BETWEEN YOU AND MCH. BY VISITING THE WEBSITE OR USING THE SERVICES IN ANY MANNER, YOU AGREE YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. ACCESS TO THE WEBSITE AND USE OF MCH’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. YOU REPRESENT TO MCH YOU HAVE READ, UNDERSTOOD AND EXPRESSLY AGREE TO BE BOUND BY THIS AGREEMENT AND ALL ITS TERMS WHETHER YOU CREATE A MCH ACCOUNT OR SIMPLY BROWSE OR USE THE SERVICE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. 

BY ACCESSING A MY CREATIVE HABITAT OR CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION; (2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.

These Terms of Use apply to all Users including representatives at schools, school districts and related entities and organizations who access or use the Services including administrators and teachers (each a “School”) as well as all other visitors, users and others, including parents and legal guardians, who use the Services (such individuals and Schools, collectively “Users”, “you” or “your”). If your access to the Services has been revoked previously, you are not allowed to access the Services again.

Contact us at [email protected] concerning anything you do not understand.

1. User’s Acknowledgment and Acceptance of Terms of Service

MCH provides www.mycreativehabitat.com (the “Website”) and various related features, content, downloads, or services including without limitation using or accessing MCH’s teaching videos, courses, tutorials, scripts, instructional content, teaching methodology, teaching sequences, downloadable and non-downloadable teaching materials, and other shared content and methodologies in all tangibles including support forums, message boards, chat, and other original content, deliverables and mediums digital and print (all of the foregoing, collectively the “Service”) to you, the user, subject to your compliance with these Terms of Service, as well as any other written agreement between us and you. These Terms of Service apply regardless of how you access or use the Service, whether via personal computers, mobile devices or otherwise, unless additional or different terms or written agreements are agreed to between us and you.  By using the Service, you acknowledge and accept the Service’s Privacy Policy (published at www.mycreativehabitat.com/pages/privacy) and consent to the collection and use of your data in accordance with the Privacy Policy (published at www.mycreativehabitat.com/pages/privacy).

Although we may attempt to notify you when major changes are made to these Terms of Service, you acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications.  Any modifications will be effective immediately and will apply to disputes arising under the Terms of Service from the date of posting forward.  Your continued use of the Services after a modification has been made to the Terms of Service constitutes your acceptance of such modification.

You may not use the Services for commercial purposes or in any way that is unlawful, or harms MCH or any other person or entity.

2. Minors Must Obtain Necessary Consent

MCH does not market or sell the Services to children, but only to adults over the age of 18 who can purchase the Services with a credit card or other permitted payment method.  The Website and Services are meant for adults, and to educate adults on how to foster creativity skills for learners of all ages, some of whom might be children. If you are a parent or guardian 18 years or older and have established an account with the Service, you may choose to allow children under the age of 18 to view MCH educational content, however this must be done under the direct supervision of the parent or guardian. If you are under 18 years of age (or the age of legal majority where you live), use of any portion of the Website or Services is prohibited unless you have the permission of a parent or legal guardian who agrees to be bound by these Terms of Service. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of the minor, including any breach of these Terms. If you are a user that is not located in the US, you represent and warrant that you are: (a) at least the minimum age required to legally enter into a contract in your jurisdiction or (b) have consent from a parent or legal guardian to use this Website. Regardless of jurisdiction, you further represent that you are legally and mentally competent to agree to these Terms of Service. Please see our Privacy Policy for additional information on how MCH protects our privacy of our Users.

If you are a business, non-profit, school, university, legal entity or organization, you may only access and use the Website with express written authorization by MCH. If you use our Website on behalf of another person or entity, (a) all references to “you” throughout these Terms of Service will include that person or entity, (b) you represent that you are authorized to accept these Terms of Service on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms of Service, that person or entity agrees to be responsible to us.

3. User Information

MCH’s collection, use and disclosure, if any, of information collected from you is detailed in the MCH Privacy Policy (published at www.mycreativehabitat.com/pages/privacy), which is incorporated by reference and made a part of these Terms of Service.

4. User Account 

YOU ACKNOWLEDGE AND AGREE THAT SHOULD MCH PROVIDE THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MCH.  MCH does not recognize the transfer of any account or user profile.  Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities, or obligations under the Terms of Service, either in whole or in part, without the prior written consent of MCH.  Any attempt to do so shall be void and of no effect.

If you create an account through our Website, you agree to provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and safeguard its use from others, and you agree to promptly notify us if you discover someone else has accessed your account.  If others use your account credentials, you are solely responsible for the activities of those users. We reserve the right to terminate account access at any time.

5. Conduct Through the Service

You are solely responsible for your conduct through the Services and agree that you will not:

5.1   Publish, post, upload, transmit, distribute, disseminate, or otherwise make available through the Services any:

5.2   Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.

5.3   Engage in speech that is, threatening, abusive, harassing, defamatory, pornographic, discriminatory, vulgar, profane, libelous, hate speech, violent, meant to incite violence, tortious or otherwise objectionable.

5.4   Violate any applicable laws or regulations or promote or encourage any illegal activity.

5.5   Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a MCH representative.

 5.6   Gain or attempt to gain unauthorized access to the Service, Website, to other users’ account or profile information, or to computer systems and/or networks connected to the Services or Website.

5.7   Make false reports through the Services or to MCH’s administrators.

5.8   Take any action that imposes or may impose (as determined by MCH in its sole discretion) an unreasonable or disproportionately large load on MCH’s (or its Affiliates’ or third party providers’) infrastructure.

5.9   Engage in fraudulent transactions.

5.10   Sell, resell, rent, license or otherwise use any of the content on this Website to commercially profit or receive compensation.

5.11   Probing, scanning, or testing the vulnerability of the website or its infrastructure or enables the tampering, hacking, modifying, or any attempt to breach security or authentication measures of the Website.

5.12   Collect, store, access or otherwise obtain information about this site and any of its users in any way.

5.13   Alter, copy, mutilate, decompile, disassemble, reverse engineer, duplicate the Website, or remove intellectual property notices or any notices from the Website.

6.  Intellectual Property Information 

6.1 Content

Content.  The Services contains a variety of content including, without limitation: (i) information, videos, courses, tutorials, scripts, instructional content, teaching methodologies, downloadable and non-downloadable teaching materials, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service;  (ii) trademarks, logos, trade names, service marks, and trade identities of MCH; and (iii) other forms of intellectual property (iv) support forums, message boards, chat, and other original content (all of the foregoing, collectively “Content”).  

Ownership.  The Services (including past, present, and future versions) and the Content are owned or controlled by MCH.  All right, title, and interest in and to the Content available via the Services is the property of MCH, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  MCH owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.  You are only permitted to use the Content as expressly authorized by MCH or the specific Content provider, and only through the functionality of the Service.

Limited License.  Subject to your strict compliance with these Terms of Service and any applicable additional terms that may be included on the Website, MCH grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only for video content), display, view, use, and play the Content (excluding source and object code, other than as made available to access and use to enable display and functionality) solely through the Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”), and (ii) to use certain Content that we may from time to time make available on the Services solely and explicitly for you for use as part of your User Submissions (defined below) (“MCH Licensed Elements”), but solely for use within the functionality of the Services and only for such purposes as may be explicitly stated at the time that the MCH Licensed Elements are made available on the Service. We and our licensors and certain other third parties, as the case may be, retain ownership of such Content. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, (ii) may be immediately suspended or terminated for any reason, in MCH’s sole discretion, and without advance notice or liability; and (iii) does not permit you to use any Content or MCH Licensed Elements outside the functionality of the Services (e.g., if the Services permits you to create a video using Content on the Service, you are prohibited from posting that video on YouTube or any other video service and may only use that video within the Service).

Reservation of All Rights Not Granted As To Content and Service.  These Terms of Service and any applicable additional terms include only narrow, limited grants of rights to the Content within the functionality of the Services and to use and access the Services solely as permitted herein.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  All rights not expressly granted to you are reserved by MCH and its licensors and other third parties.  Any unauthorized use of any Content or the Services for any purpose is prohibited.

6.2 Restrictions

By use of the Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Website, Services or Content in any way inconsistent with the rights of use provided by MCH herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of MCH; (iii) attempt to access source or object code of the Website or Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) create code, software or other program that incorporates any elements of the Service; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Services for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Services in any way.

6.3 Your Grant of Rights

The Website may now or in the future according to the collection and use of information practices outlined in our Privacy Policy (published at www.mycreativehabitat.com/pages/privacy) offer users of the Services the opportunity to create, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services certain user-generated text, information, data, audio files, videos, graphics, photographs, or other content, including incorporating MCH or third-party Content with user-generated content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions solely within the Service.  User Submissions may be published by MCH and viewed by both other users of the Service.  You understand and acknowledge that MCH does not guarantee any confidentiality with respect to any User Submissions. If MCH provides the ability for you to submit User Submissions to the Service, you acknowledge that you are the owner of any Intellectual Property rights in any such User Submissions that you submit, or have sufficient rights to submit the User Submissions to the Services without infringing any third-party rights.  If the Services permits you to use MCH or third-party Content on the Service, you will not own that Content, but have the limited license to use the Content solely as permitted by the functionality of the Service. You will not be able to distribute, post, use or otherwise exploit User Submissions that incorporate MCH or third-party Content outside of the Services (e.g., you can’t post your User Submission on YouTube or Vimeo). Except to the extent the Services permits you to use MCH or third-party Content within a User Submission, MCH does not claim any ownership rights in any User Submission that you may submit or offer through the Service.  However, to the extent you submit any User Submission other than personally identifiable information or bank account information related to payments made in connection with the purchase of our products or services, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to MCH to:

6.4 Submission of Ideas

To the extent that you submit, via the Services or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are non-confidential and non-proprietary, and MCH shall not be liable for the disclosure of such Ideas.  You hereby grant and agree to grant MCH, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any MCH product or service, without compensation or accounting to you and without further recourse by you.

6.5 Use of Content

You expressly acknowledge and agree to utilize the licensed MCH Content and Services solely for instructional purposes and to: (1) Provide safe and effective instruction, (2) provide equal and fair treatment to all learners, and (3) comply with all applicable state and federal laws including without limitation trade secret, unfair competition, false advertising, contract, employment, and intellectual property laws, in the United States or abroad when and where applicable.  You further expressly agree to refrain from the following: (1) Using any portion of the Website or MCH Content and Services (or causing it to be used) in any way for you or any third-party to commercially profit or receive compensation, value, goodwill, or consideration of any kind, (2) reproducing, duplicating or copying any part of the Website or MCH Content and Services in any unauthorized way, (3) selling, reselling, renting, licensing, or sublicensing any portion of the Website or MCH Content and Services, (4) disseminating any confidential and/or trade secret information you obtained from your use and access to the MCH Content and Services, (5) representing you are an employee, authorized agent, distributor, or representative of MCH or representing that you are an exclusive distributor or licensee of the MCH Content and Services or representing that you are sponsored, endorsed or certified by MCH.

6.6 Third-Party Content

MCH may provide information on its Website about third-parties or their products, services, activities or events, but MCH does not control or endorse said third-parties or their content, products and services, and it makes no representations or warranties regarding these third-parties.  You access and use of any if this Third-Party content is at your own risk.

7. Charges and Billing

7.1 Paid License

The Services is an online system that allows purchases funded by a credit card or other payment method from participating merchants using the Service.  By using the Service, you acknowledge and accept the Service’s Privacy Policy (published at www.mycreativehabitat.com/pages/privacy and consent to the collection and use of your data in accordance with the Privacy Policy (published at www.mycreativehabitat.com/pages/privacy). To the extent that MCH establishes aspects of the Services are only available to those users opting for additional paid licenses and you elect to use such paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges as described on www.mycreativehabitat.com.  THE PURCHASE OF ANY PAID LICENSE IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USE OF THE SERVICES FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICE.

7.2 Fees and Payment

There is a fee for some of our Services. Where the fee is a subscription, we may, in our sole discretion, change the fee at the end of your subscription period provided we first notify you by email. Where the fee is for something other than a subscription, we will notify you in advance of any rate changes. All fees are payable in accordance with the payment terms applicable at the time of payment. We may offer some promotional trials or time-limited discounts for certain Services from time to time. If you sign up or register through a trial, promotional or discount event, your rights of use will be subject to and limited by the terms of the trial, promotion or discount offer and will terminate or renew in accordance with the terms of the offer or any additional terms communicated related to the trial, promotion, or discount offer. If you do not pay fees applicable to the Services you may not use or access those paid Services features. Unless otherwise expressly stated in the policies applicable to a Service, any fees paid for Services are non-refundable.

Where Services have a fee, you must use either a credit card or other acceptable or approved payment method to activate and maintain the Services. You will be responsible for the fees and all applicable taxes for any Services ordered. If we do not receive payment from your credit card or payment method, you agree to pay all amounts due hereunder upon demand and will be solely responsible for any dispute with your payment provider. Should your credit card or payment method be denied, we reserve the right to recharge the credit card or payment method for any outstanding amounts. You will not be charged more than the amount of the fees for the Service(s) you have purchased. 

Note, MCH and the Services does NOT directly store credit card information. All credit card information and transactions are stored by our third-party payment providers such as Stripe and Paypal, and our payment providers processes payments on our behalf. You agree that in the event our payment providers experience a data breach affecting your information through no fault of MCH, MCH will in no way be responsible or liable to you for any such breach. 

You agree to pay all fees or charges incurred by you including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable.  You acknowledge that MCH may utilize certain third-party providers to collect or otherwise process any such fees and charges.  Any additional, separate charges or obligations you directly incur with said third-party are your responsibility.  MCH MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD-PARTY.  Unless otherwise indicated, all prices are in United States Dollars and do not include Internet service provider, telephone, and other connection charges.

8. Third Party Websites and Information

The Services may link you to other websites or otherwise include references to information, materials and/or services provided by other parties.  These other websites and parties are not under MCH’s control, and you acknowledge that MCH is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is MCH responsible for errors or omissions in any references to other parties or their products and services.  The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.

9. Disclaimer of Warranties; Limitation of Liability

Neither MCH nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “MCH Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Service.

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

MCH MAKES NO COMMITMENT TO UPDATE ITS SERVICES.  THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

YOU ACKNOWLEDGE AND AGREE THAT THE MCH PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICES OR ANY RELATED PRODUCTS.  YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MCH IS TO STOP USING THE SERVICE.  IN NO CASE SHALL ANY LIABILITY OF THE MCH PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY.  IN NO EVENT SHALL THE MCH PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE MCH PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MCH AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED, ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.

Residents of California are entitled to the following specific consumer rights information: You may contact the Consumer Information Center at the Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at 916.445.1254.  California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

If you are a New Jersey resident, the above disclaimer and limitation of liability do not limit or waive your rights under New Jersey law.  Furthermore, these provisions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. MCH reserves all rights, defenses and permissible limitations under New Jersey law.

10. Indemnification

You agree to defend, indemnify, and hold MCH and its affiliates, officers, directors, agents, partners and employees harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Service, or those of any child authorized by you; (b) any violation of these Terms of Service by you or any child authorized by you; or (c) any allegation that any content that you or any child authorized by you make available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.  MCH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MCH in asserting any available defenses.

11. Service Termination, Suspension and Changes

MCH reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the Services at any time, for any reason or no reason, with or without notice to you.  ADDITIONALLY, MCH MAY terminate AND/OR suspend your USE OF THE SERVICES FOR violation of these Terms of Service or VIOLATION OF any other policy related to SERVICES (INCLUDING THE POLICIES OF AFFILIATES ACCESSIBLE BY THE SERVICE).  Without limiting the foregoing, your access to the Services may be terminated without warning if MCH believes, in its sole discretion, that you are under the age of eighteen (18) years but do not have your parent’s or guardian’s permission to register for and/or access the Service.  You agree that MCH shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICES AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONIES PAID TO MCH.

12. Survivability of Terms

The Terms of Service set forth herein continue to remain in full force and effect until such time as terminated by either party.  You retain full discretion to end or terminate and discontinue use of the Services at any time, pursuant to the terms of this Terms of Service.  The provisions of Sections 1 through 4 and 6 through 19 shall survive any termination of this Terms of Service.

13. Assignment

MCH may assign these Terms of Service, in whole or in part, at any time.  Notwithstanding, you may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Service without MCH’s express prior written consent.

14. Governing Law

The Services (excluding any linked websites) is governed by and construed and enforced in accordance with the laws of Oregon, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and Service.  Although the Services may be accessible worldwide, we make no representation that materials on the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15. Dispute Resolution

A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.  You and MCH agree that any cause of action arising out of or related to the Services shall be heard under New York law and must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Terms of Service or any of the transactions contemplated herein or related to the Services or any contests or services thereon will be dealt with in accordance with the following procedures.  All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration.  Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other.  MCH will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us, if any.  You may send any notice to MCH to the addresses listed below.

If the Dispute is not resolved through informal negotiations the Dispute shall be finally and exclusively resolved by binding arbitration before a sole arbitrator.  Such Dispute shall be arbitrated within thirty (30) days of the appointment of the arbitrator, unless the parties agree otherwise in writing.  If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you or in the State of California where MCH is located.  For residents outside the United States, any arbitration shall be initiated in the State of Oregon using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators.  The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court.  The prevailing party in any arbitration or other proceeding arising under these Terms of Service shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.  Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.

The parties agree that any arbitration shall be limited to the Dispute between you and MCH individually.  To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis and you agree to no class action as set forth below; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

If you have a dispute with another user of the Service, you release MCH (and MCH’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  MCH, at its sole discretion, may try to help resolve disputes between users; however it has no obligation to do so.

No Class Action Matters. YOU AND MCH AGREE THAT WITH RESPECT TO ARBITRATION DISPUTES 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 OR AS AN ASSOCIATION. All Disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that the restriction set forth in this Section is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the courts located within the State of Oregon. Notwithstanding any other provision herein, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this “No Class Action Matters” section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

16. Notices

All notices to a party shall be in writing and shall be made via email. The parties agree that all correspondence relating to this Agreement shall be written in the English language.  Notices to MCH must be sent to the attention of Customer Service at [email protected].  Notices to you may be sent to the email supplied by you as part of your account or user profile, if any.  In addition, we may broadcast notices or messages through the Services to inform you of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

17. Entire Agreement

These Terms of Service constitute the entire agreement and understanding between MCH concerning the subject matter of the Terms of Service and supersedes all prior agreements and understandings of the parties with respect to that subject matter.  These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and MCH.  To the extent that anything in or associated with the Services is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

18. Severability

If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

19. Miscellaneous

Nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by MCH with respect to such use.  Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.