Terms of Service
1. AGREEMENT TO THESE TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. Welcome to the services operated by Epicwin Ltd. (collectively with its affiliates, “mau5trapTV” or “We”) consisting of the website available at https://www.mau5trap.tv, and its affiliated websites, products or services offered by mau5trapTV (the “Service”). Other services offered by mau5trapTV may be subject to separate terms. mau5trapTV may, at its discretion, update these Terms at any time. You can access and review the most current version of these Terms at the URL for this page or by clicking on the “Terms of Use” link at the bottom of each page of the Service or otherwise made available within the Service.
The Terms of Service apply whether you are a user that registers an account with the Service or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Service, you are entering into a legally binding agreement between you and mau5trapTV regarding your use of the Service. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU SHOULDN’T, AND ARE NOT PERMITTED TO, ACCESS OR USE THE SERVICE.
When using mau5trapTV or opening an account with mau5trapTV on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
2. USE BY MINORS AND BLOCKED PERSONS
The Service is not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Service is also not available to any users previously removed from the Service by mau5trapTV or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICE.
3. PRIVACY POLICY
In addition to these Terms, mau5trapTV’s Privacy Policy governs your access to and use of the Service which is available at http://mau5trap.com/privacy-policy. You agree that by using the Service you consent to the collection, use, and sharing of such information (as set forth in the Privacy Policy), including the transfer of this information within or to the United States and/or other countries for storage, processing, and use by mau5trapTV, its affiliates, and its third-party business associates.
4. ACCOUNT REGISTRATION
In order to open an account (an “Account”), you will be asked to provide us with certain information such as an account name and password. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or mau5trapTV reasonably suspects that you have done so, mau5trapTV may suspend or terminate your account.
You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. You are fully responsible for all activities that occur under your Account. You may not share your Account or password with anyone. You agree to notify mau5trapTV immediately of any unauthorized use of your account or password or any other similar breach of security.
Unless expressly permitted in writing by mau5trapTV, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your Account. mau5trapTV reserves all available legal rights and remedies to prevent unauthorized use of the Service, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
5. PAID SERVICES
Access to the Service may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Service.
Some portions of the Service require payment of fees (the “Paid Services” including, without limitation, access to the Service). All fees are stated in United States dollars. You shall pay all applicable fees in connection with such Paid Services, and any related taxes or additional charges. Termination of your Account or your rights under these Terms may result in forfeiture of purchased Paid Services.
When you purchase the Paid Services, you may be required to provide personal information to an independent third party payment processor, as further described in our Privacy Policy. If the payment processor is responsible for the treatment of your personal information, the collection, transmission and processing of your personal information will be governed by that payment processor’s privacy policy. We are not responsible for any damages relating to your placement of an order with a payment processor and, except as otherwise agreed, we will not provide refunds for such purchase. You are responsible for all such transactions and any associated charges. In addition, if a payment processor experiences a data breach that affects your information, we will not be responsible for such breach.
Paid Services are limited licenses for you to use particular for-pay aspects of the Service, and certain Paid Service may be subject to additional agreements, terms and policies. Except as provided in such other agreements:
I. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind.
II. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Service.
III. Access to the Service is for your internal business use only and not for resale or to provide services to third parties.
IV. You agree that purchase of Paid Services is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written commitments made by mau5trapTV with respect to future functionality of features.
V. mau5trapTV may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
VI. Purchases of Paid Services are final and non-refundable, except at mau5trapTV’s sole discretion.
VII. mau5trapTV may change its prices for Paid Services at any time. To the extent applicable, mau5trapTV will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Services and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Services prior to the change going into effect.
6. MODIFICATION OF THESE TERMS OF SERVICE
mau5trapTV may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Service after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
For residents of the Republic of Korea, mau5trapTV will provide reasonable prior notice regarding any material amendments to its Terms of Service. All amendments shall become effective no sooner than 30 calendar days after posting; provided that any amendment regarding newly available features of the Service, features of the Service that are beneficial to the user, or changes made for legal reasons may become effective immediately.
7. RIGHTS
The Service are owned and operated by mau5trapTV. Unless otherwise indicated, all content, information, and other materials on the Service (excluding User Content, set out in Section 8 below), including, without limitation, mau5trapTV’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of mau5trapTV or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by mau5trapTV, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Service for your personal use or internal business use only.
mau5trapTV reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Service or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Service or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Service, the Materials, or any information contained in them, except as expressly permitted on the Service; or (f) any use of the Service or the Materials except for their intended purposes. Any use of the Service or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of mau5trapTV, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. mau5trapTV can terminate this license as set out in Section 14.
8. USER CONTENT
mau5trapTV allows you to use services, such as chat, bulletin boards, forum postings, wiki contributions, and voice interactive services; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Service (“User Content”).
a. License to mau5trapTV
(i) Unless otherwise agreed to in a written agreement between you and mau5trapTV that was signed by an authorized representative of mau5trapTV, if you submit, transmit, display, perform, post, or store User Content using the Service, you grant mau5trapTV and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that mau5trapTV and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
b. User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of mau5trapTV or third parties. mau5trapTV reserves all rights and remedies against any users who breach these representations and warranties. Without limiting the generality of the foregoing, mau5trapTV shall have the right to remove any User Content that violates these Terms or that it deems objectionable.
c. Content is Uploaded at Your Own Risk
mau5trapTV uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, mau5trapTV does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that mau5trapTV shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against mau5trapTV for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY MAU5TRAPTV HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
9. PROHIBITED CONDUCT
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Service.
You agree that you will comply with these Terms of Service and mau5trapTV’s Community Guidelines and will not:
I. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
II. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Service accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Service; or perform any other similar fraudulent activity;
III. send spam to users of the Service, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
IV. harvest or collect email addresses or other contact information of other users from the Service;
V. defame, harass, abuse, threaten, or defraud users of the Service, or collect or attempt to collect, personal information about users or third parties without their consent;
VI. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Service or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Service, (c) features that enforce limitations on the use of the Service or User Content, or (d) the copyright or other proprietary rights notices on the Service or User Content;
VII. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
VIII. modify, adapt, translate, or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
IX. interfere with or damage the operation of the Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
X. access any website, server, software application, or other computer resource owned, used, and/or licensed by mau5trapTV, including but not limited to the Service, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures mau5trapTV may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by mau5trapTV, including but not limited to the Service;
XI. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
XII. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner;
XIII. use or attempt to use another user’s account without authorization from that user and mau5trapTV;
XIV. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Service that you are not authorized to access;
XV. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
XVI. use the Service for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, mau5trapTV takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is mau5trapTV liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Service. Your use of the Service is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
mau5trapTV is not liable for any statements or representations included in User Content. mau5trapTV does not endorse any User Content, opinion, recommendation, or advice expressed therein, and mau5trapTV expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, mau5trapTV reserves the right to remove, screen, or edit any User Content posted or stored on the Service at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Service at your sole cost and expense. Any use of the Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Service.
For Residents of the Republic of Korea, except in the case where mau5trapTV reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, mau5trapTV, and/or its affiliates (for instance, when providing notice harms the security of the Service), mau5trapTV will without delay notify you of the reason for taking the relevant step.
10. COPYRIGHT
mau5trapTV has adopted the following policy toward copyright infringement on the Service. If you believe that content residing or accessible on or through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to copyright@mau5trap.com:
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that mau5trapTV is capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
11. TRADEMARKS
All trademarks including, deadmau5, mau5trap, the deadmau5 and mau5trap logos, and any other product or service name, logo, or slogan used by mau5trapTV, and the look and feel of the Service, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of mau5trapTV, and may not be used in whole or in part in connection with any product or service that is not mau5trapTV’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits mau5trapTV, without our prior written permission.
All other trademarks referenced in the Service are the property of their respective owners. Reference on the Service to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
12. THIRD-PARTY CONTENT
The Service or users of the Service may provide links to other websites or resources. You acknowledge and agree that mau5trapTV does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). These sites are subject to different terms of use and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that mau5trapTV shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials. Access and use of External Materials, including the information, materials, products, and services on or available through External Materials is solely at your own risk.
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that mau5trapTV shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
13. IDEA SUBMISSION
If you elect to provide or make available to mau5trapTV any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), mau5trapTV shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
14. TERMINATION
To the fullest extent permitted by applicable law, mau5trapTV reserves the right, without notice and in our sole discretion, to terminate your license to use the Service (including to post User Content) and to block or prevent your future access to and use of the Service, including where we reasonably consider that: (a) your use of the Service violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Service; or (c) we are unable to continue providing the Service to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Service, (ii) any term of these Terms of Service, (iii) any policy or practice of mau5trapTV in operating the Service, or (iv) any content or information transmitted through the Service, is to terminate your account and to discontinue use of any and all parts of the Service.
For residents of the Republic of Korea, except in the case where mau5trapTV reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, mau5trapTV, and/or its affiliates (for instance, when providing notice harms the security of the Service), mau5trapTV will without delay notify you of the reason for taking the relevant step.
15. DISPUTES
a. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless mau5trapTV, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners, including but not limited to Maestro Interactive, (individually and collectively, the “mau5trapTV Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Service, any User Content you post, store, or otherwise transmit in or through the Service, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the mau5trapTV Parties of any third-party claim, and mau5trapTV reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify mau5trapTV, and you agree to cooperate with mau5trapTV’s defense of these claims. mau5trapTV will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
b. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY MAU5TRAPTV; (B) THE MAU5TRAPTV PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) MAU5TRAPTV DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) MAU5TRAPTV IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE MAU5TRAPTV ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, MAU5TRAPTV CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAU5TRAPTV OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAU5TRAPTV OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
c. Limitation of Liability and Damages
i. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL MAU5TRAPTV OR THE MAU5TRAPTV PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM MAU5TRAPTV, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MAU5TRAPTV’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MAU5TRAPTV, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, MAU5TRAPTV SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
ii. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN MAU5TRAPTV AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
iii. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT MAU5TRAPTV HAS OFFERED THE SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MAU5TRAPTV, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MAU5TRAPTV. MAU5TRAPTV WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
d. Applicable Law and Venue
(i) To the fullest extent permitted by applicable law, you and mau5trapTV agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MAU5TRAPTV AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MAU5TRAPTV.
You and mau5trapTV agree to arbitrate any dispute arising from these Terms of Service or your use of the Service, except that you and mau5trapTV are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and mau5trapTV agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to mau5trapTV shall be sent to: Epicwin Ltd. c/o LaPolt Law P.C. 9000 Sunset Blvd., Suite 800, West Hollywood, CA 90069. You and mau5trapTV further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Los Angeles County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Los Angeles County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and mau5trapTV will not commence against the other a class action, class arbitration, or other representative action or proceeding.
(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Service shall be resolved by competent civil courts in Los Angeles County, California.
e. Claims
YOU AND MAU5TRAPTV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. MISCELLANEOUS
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party. If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by mau5trapTV without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-16. The Terms of Service, which incorporate the Privacy Policy, is the entire agreement between you and mau5trapTV relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by mau5trapTV as set forth in Section 6 above.