Terms of Service
Last revision: June 27, 2011
Genidox Inc. ("Genidox") provides a media planning service called MediaPlanHQ to You through its web site located at www.mediaplanhq.com. The following terms and conditions govern all use of the mediaplanhq.com website and all content, services and products available at or through the website (taken together, the "Website").
1. Acceptance of Terms
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Genidox, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept the Agreement and may not use the Website.
1.2 Genidox reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
1.3 Genidox may in the future offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
2.1 Subject to the terms and conditions of this Agreement, You may access and use the Website only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Website available to any third party, other than as expressly permitted by this Agreement; (b) use the Website to process data on behalf of any third party, or (c) use the Website in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Website and its components.
2.2 Subject only to the limited right to access and use the Website expressly granted to You under this Agreement, all rights, title and interest in and to the Website and its components will remain with and belong exclusively to Genidox. You shall not modify, adapt or hack the Website to falsely imply any sponsorship or association with Genidox, or otherwise attempt to gain unauthorized access to the Website or its related systems or networks.
2.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Genidox reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. You agree and acknowledge that Your login may only be used by one (1) person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your plan allows.
2.4 When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Intellectual Property
3.1 All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Genidox or its content suppliers and protected by US and international copyright laws. The compilation of all content on this Website is the exclusive property of Genidox and protected by US and international copyright laws. All software used on this Website is the property of Genidox or its software suppliers and protected by US and international copyright laws. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Genidox or third-party trademarks.
4. Payments & Refunds
4.1 Trials and Payments. The Website is made available on a pay-as-you-go basis and is charged at the start of Your elected subscription term (generally monthly, quarterly or annually). All plans come with an initial free trial period of up to 30 days. If You do not provide Your credit card details to Genidox within the free trial period, Your account will be suspended and can only be reactivated by submitting Your credit card information. Once You have provided credit card details, You will be promptly billed and Your trial period will terminate.
4.2 Plan and Price Changes. If you choose to upgrade Your plan during Your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account. Subsequently, Your credit card will automatically be charged the adjusted rate on Your next billing cycle subsequent to the pro-rating billing. A billing exception exists if You are on a monthly billing cycle where You will not see a prorated charge or credit in the current month, but Your new billing rate will be reflected on Your next monthly bill. Regardless of Your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and Genidox does not accept any liability for such loss. Prices of all Genidox plans and Services are subject to change upon 30 days notice from us. Such notice may be provided at any time.
4.3 Credit Card Billing, Receipts and Privacy. The account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the application. Genidox provides an interface for the account owner (as defined in the sign-up procedure) to change credit card information (e.g., upon card renewal). Genidox uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for Genidox. Please visit http://www.mediaplanhq.com/privacypolicy.html to understand how Genidox collects and uses personal information.
5. Cancellation & Termination
5.1 You are solely responsible for properly canceling your account. All of your content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled. All service charges accrued up until the cancellation date must be paid in full. Genidox Web Technologies SNC., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Genidox Web Technologies SNC. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Genidox Web Technologies SNC. reserves the right to refuse service to anyone for any reason at any time. All provisions of this Agreement which by their nature should survive cancellation or termination shall survive cancellation or termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING Genidox AND ITS SUPPLIERS AND LICENSORS PROVIDE THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE IS WITH YOU. SHOULD THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL Genidox, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SERVICE TO OPERATE WITH ANY OTHER SERVICES), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Controlling Law.
8.1 This license is governed by and construed in accordance with the laws of the Province of Quebec, Canada. Exclusive venue for all litigation shall be in Montreal, Quebec. If you choose to access the Website from locations other than Quebec, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Genidox and the other Released Parties for your failure to comply with any such laws.
9.1 If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Genidox may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Genidox, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Genidox regarding your use of the Website, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Genidox regarding your use of the Website.
9.2 The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
We'd very much like to thank the people at Automattic Inc. who were kind enough to offer their terms of service to the world under the Creative Commons Sharealike license. Our terms of service are a derivative of their work. We're therefore pleased to make them available under the same terms.