Purchase/Use of Software
These Terms and Conditions are hereby incorporated into, and made a part of any purchase order (written or verbal) by you to order IT systems, cloud-services, web-applications, software or services from Mvix.
Billing: Access to some of our services (or digital signage software) are provided free of charge for use with Mvix products. If service involves a charge then at the beginning of every contract term, Mvix will charge your credit card for the amount you specified during enrollment procedure by choosing the level of Service (the “Membership”) or upon subsequent Membership upgrade, multiplied by the duration of the contract term in months. We reserve the absolute right, at our sole discretion, to terminate our provision of the Service to you if funds are not available. Rates and Memberships may be changed at any time and you will receive notification prior to the change. The first payment will be due upon execution of these Terms and Conditions. Thereafter, payment will be due not later than the first day of the contract term billing period for the subsequent term of Service. Contract term is determined by the payment plan specified during enrollment procedure (one month, six months, one year; other term duration if applicable). Membership upgrades are subject to additional pro-rate invoicing for days remaining in the current billing period. Interest shall accrue on any unpaid fees at the rate of 5% per month until paid in full. If Mvix does not receive payment from the card issuer, you agree to pay Mvix all amounts due upon demand. Customer agrees to pay all attorney and collection fees arising from Mvix efforts to collect any past due amounts from Customer.
Continuous Service Membership: Subscription membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your membership will be automatically renewed and your credit card will be charged based on the subscription payment plan in accordance with the contract term. Credit card charges may be processed immediately after invoicing.
Cancellations: You may cancel your service account at any time.
Refunds/Credits: Upon cancellation or termination of the Service, you will not receive a refund for any charges or fees associated with the service. Installation, training, shipping, freight, client-specific setup costs or any custom products or services are non-refundable. (Click for details)
Free Accounts and free trial accounts: Few software / web-applications are provided as free-access software to our customers for their use with Mvix products. These software or services are NOT open source software. Free services and trial accounts are not subject to membership fee billing and invoicing. No membership fee payments are required for any free software or free trial accounts for the entire duration of the life of Mvix signage system.
Term and Termination: The Terms and Conditions shall continue in full force and effect for a period of one year from the date you originally accept them and shall be automatically renewed on each anniversary thereof for an additional term of one year. The Terms and Conditions may be terminated as follows: a) Either party may terminate the Terms and Conditions at any time and for any reason upon not less than 45 day notice of termination to the other party, and b) In the event of any termination pursuant to this Section, obligation to provide the Service to you will cease immediately.
Acceptance of Terms: Your usage of our services constitutes the acceptance of these Terms and Conditions. In addition, you will be subject to any guidelines or rules we may post from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. Should you breach this Agreement, Mvix will revoke your access to the service and suspend your right of access. In such a case, no portion of your membership payment will be refunded. Should Mvix decide to suspend the Service for any reason other than breach, it will refund to you the unused portion of your membership payment (if any), which will be your sole and exclusive remedy upon such a suspension of Service. Free signage software and free trial periods are provided without any obligations.
Registration obligations: In consideration of use of the Service, you agree to provide true, accurate, current and complete information about your business as prompted in Registration form, and maintain and promptly update your Account Information to keep it true, accurate, current, complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mvix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mvix has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). We require all our users to keep all data, media, files, links and other information uploaded and linked to our software compliant with our Acceptable Use Policy. All pricing terms are confidential, and you agree not to disclose them to any third party.
You will receive a password and account designation upon completing the Service’s Enrollment process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Mvix of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. Mvix cannot and will not be liable for any loss or damage arising from your failure to comply with this section or from any loss or damage arising from the actions of any third party.
License: Subject to the Terms and Conditions, Mvix grants you a non-exclusive and non-transferable license to access the Services over your computer or computers. Mvix is the owner of any and all information, data, text, software, messages and other materials (collectively, “Content”) within the Service, including, without limitation, the URL assigned to your business.
Restriction on Use of Service: Except as expressly permitted, you may not reproduce, disclose, redistribute, retransmit, publish, sub-license, assign, transfer or commercially exploit any of the Services or any other content that you receive, directly or indirectly, through the Services to anyone without prior written approval from Mvix. You may not use or permit anyone to use the information provided through the Services for any unlawful or unauthorized purpose.
Modification of Service: Mvix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mvix shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Mvix has no responsibility or liability for the deletion or failure to store any media (file, content, playlist or schedule) transmitted by the web-based application to the signage devices. If you do not use the signage solution (software and/or hardware) or it remains unused for a period of six (6) months, the account will be deemed dormant. You acknowledge that Mvix reserves the right to terminate any inactive or dormant account(s). We may immediately terminate that account and erase all media files and account data without notice to you.
Termination: You agree that Mvix, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Mvix believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. Mvix may also at its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms and Conditions may be effected without prior notice, and acknowledge and agree that Mvix may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Mvix shall not be liable to you or any third-party for any termination of your access to the Service. In the case of voluntary account termination you agree to pay any past-due invoice amounts and early contract termination fee should the service contract period not be fulfilled. You also agree that Mvix does not have any obligations to perform termination of your account if such termination request is submitted by you or by any third-party on your behalf by means of telephone, fax, voice message, regular or electronic mail.
Links: The Service may provide, or third parties may provide, links to other Internet sites or resources. Because Mvix has no control over such sites and resources, you acknowledge and agree that Mvix is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mvix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. If Customer links a web site controlled by Customer to the Service, Customer agrees to comply with the Acceptable Use Policy attached to these Terms and Conditions and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export of data and tax laws and regulations. Customer is solely responsible for any content contained on Customer’s web site and Customer shall so state on Customer’s web site. Mvix may at any time and without advance notice modify or restrict Customer’s participation in the Service if Mvix determines in its sole discretion that Customer’s information violates the Acceptable Use Policy, any laws or regulations, is disruptive, causes a malfunction of the Service, or is not suitable for the Service. If Customer does not correct the violation within ten days thereafter, Mvix may terminate the link or Customer’s access to the Service.
Abuse: Any use of Mvix applications, systems and system resources that disrupts the normal use of the system for other Mvix customers and users is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of abuse include but is not limited to multiple enrollments for the same business, creation of fictional consumer profiles and login accounts, impersonating other customers and users in creating appointments for any business account (including own), running load tests and denial of service attacks against any Mvix web-properties.
Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS AND THERE MAY BE DELAYS, OMISSIONS, ERRORS OR INACCURACIES IN SUCH INFORMATION AND DATA. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE TERMS AND CONDITIONS. YOU WILL BEAR ANY AND ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. NONE OF Mvix, ANY LICENSOR, EMPLOYEE, AFFILIATE OR AGENT OF Mvix OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES (EACH, A “PROVIDING PARTY”) WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR FROM ANY INVESTMENT DECISION MADE USING THE DATA, INFORMATION, OR TRANSACTIONS PROVIDED BY THE SERVICES.
Intellectual Property: You acknowledge that each of Mvix has exclusive proprietary rights in the information received by you through the Services. The Services are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights laws of the United States. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties.
Mvix retains the right to display product names, logos and trademarks of its business associates, partners, clients and vendors on its website(s) and other promotional material. All product names, logos and trademarks are property of their respective owners. This display of brand properties is for identification purposes only and does not imply specific cooperation, representation and/or endorsement. It does not intend to infringe upon any patent, trademark, copyright, license or any other proprietary right of any party.
As a user of Mvix products and services, you agree that Mvix may identify you as a recipient of products and services, and use your brand name and logo in sales presentations, marketing materials, press releases, tradeshows and website listings of clients. Mvix may also develop a brief client profile for promotional purposes. Should any trademark attribution be missing, mistaken or erroneous, please contact us as soon as possible for rectification.
Third Party Content: The digital signage content management system makes information of third parties available, including articles, news reports, calculation tools, videos, images, RSS feeds, airline data, and data about financial markets, and other data (the “Third Party Content”). I acknowledge and agree that the Third Party Content is not created or endorsed by nor any business offering products or services through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any product, security, video, images or information. I acknowledge that the Third Party Content provided to me is obtained from sources believed to be reliable and that no guarantees are made by the digital signage content management system or the providers of the Third Party Content as to its accuracy, completeness, timeliness. I agree not to hold the provider of this digital signage content management system, any business offering products or services through this software or any provider of Third Party Content liable for any investment or purchase decision or other transaction I may make based on my reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
Third Party Content is the property of its respective provider or its licensor and is protected by applicable copyright law as set forth below. I agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Third Party Content in any manner without the express written consent of the Third Party Content Provider.
THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING USE OF THIRD PARTY CONTENT.
Acceptable Use Policy: Mvix reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws, the Terms and Conditions for Mvix or this Acceptable Use Policy. The Acceptable Use Policy below describes certain actions relating to the content and operation of your Mini Web-Page and Direct Offers which Mvix considers to be inappropriate and thus prohibited. The examples named in this list are in addition to the content identified in the Terms and Conditions and are provided solely for your guidance. If you are unsure whether any contemplated use or action is permitted, please contact Mvix. Actions which Mvix considers inappropriate include, but are not limited to, (1) using the Service to sell any products or services that are unlawful in the location at which the content is posted or received; (2) using the Service to post any content of the nature set forth in 47 U.S.C. §230(c)(2)(A) (i.e., material that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable); (3) using the Service to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence; (4) using the Service to post any content that holds Mvix (including its affiliates), employees or shareholders up to public scorn or ridicule; (5) using the Service to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others; (6) deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; (7) using the Service in a tortuous manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or (9) introducing viruses, worms, Trojan horses, or other harmful code on the Internet.