NOTICE
TERMS OF SERVICES
Please read these Terms of Service
PLEASE BE SURE TO CAREFULLY READ OUR PRIVACY POLICY IN SECTION 9 OF THIS AGREEMENT. WE KINDLY ASK ALL PARENTS OF CHILDREN UNDER THE AGE OF 18 TO REVIEW THE PRIVACY POLICY REGARDING PERSONAL INFORMATION THAT WE COLLECT AND USE ABOUT YOU TO IMPROVE OUR SERVICES. BY AGREEING TO THESE TERMS OF SERVICE YOU AGREE THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY AND CONSENT TO ITS TERMS.
1. TERM
This Agreement shall commence as of the date you accept it (in accordance with the preamble) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the terms herein. You may terminate your use of or registration for the Services at any time by closing your User Account (as defined below) and notifying us of your intent to terminate. MEGADOLLS may terminate your use of or registration for the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party, including in the event you have breached this Agreement, or if we are required to by applicable law.
2.COMPLIANCE
By using the Services, you represent and warrant that (a) you and/or a parent or legal guardian are at least 18 years of age or older and acknowledge and agree that features, activities, and other aspects of the Services may be subject to heightened age and/or other eligibility requirements; (b) your use of the Services does not violate any applicable law, rule, or regulation; and (c) you shall make timely and satisfactory payment for any Services purchased by you. If you are not 18 years of age, your parent or legal guardian must consent agree to abide by the terms of this Agreement. If you are not 18 years of age, provide information that is untrue, inaccurate, incomplete, or we suspect that such information is untrue, inaccurate, or incomplete, we may suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you.
3.GRANT OF LICENSE
3.1. License. Subject to your compliance with this Agreement, MEGADOLLS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a single Device that you own or control and to run the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced Application”), you will only use the Apple App Store Sourced Application (i) on an Apple-branded product that runs Apple’s proprietary operating system, and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
3.2 Ownership. As between you and MEGADOLLS, MEGADOLLS exclusively owns all right, title, and interest in and to the Site, App, and Services, and all content contained and/or made available on, through or in connection therewith (“Content”). The Site, App, Services, and Content are protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations, and treaties.
3.3. Restrictions. You must not alter, delete, or conceal any copyright, trademark, service mark or other notices contained on the Site, App, or Services, including, without limitation, notices on any Content you transmit, download, display, print, stream, or reproduce from the Services. Except as expressly authorized by MEGADOLLS or as set forth in Additional Terms (e.g., Services that allow for the use of embeddable or viral features, applications, etc.), you shall not, nor shall you allow any third-party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, the App or any Content without the express, prior written consent of MEGADOLLS (or its owner, if MEGADOLLS is not the owner). Moreover, the framing or scraping of or inline linking to the Site, Services, or any Content contained thereon and/or the use of web crawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us in writing in advance is prohibited. You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services.
4.USER REGISTRATION
In order to access and use the Services, we may require that you register for an account (“User Account”), create a unique username and password combination (“User Credentials”), and provide certain additional information, as prompted by our user registration process. You represent and warrant that all registration and account information you submit is truthful and accurate and that you shall maintain and promptly update the accuracy of such information. You may only have one User Account and are responsible for maintaining the strict confidentiality of your User Credentials. You are responsible for any access to, or use of, the Services by you or any person or entity using your User Credentials or the device you use to access and use the Services (a “Device”), whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. It is therefore critical that you do not share your User Credentials with anyone. You agree to immediately notify MEGADOLLS of any unauthorized use of your User Credentials, User Account and/or Device, or any other breach of security, including, without limitation, if your Device is lost or stolen. It is your responsibility to (a) control the dissemination and use of your User Credentials, User Account, and Device; (b) update, maintain, and control access to your User Credentials, User Account, and Device; and (c) cancel your User Account. We reserve the right to deny access, use, and registration privileges to anyone if we believe there is a question about the identity of the person trying to access any account or element of the Services. MEGADOLLS shall not be responsible for any loss or damage arising from your failure to comply with this Section 4.
5.PAYMENT, PRICING, AND RELATED TERMS OF SERVICE
5.1 Premium Subscription. In order to access certain features or functionality of the Services (including the ability to access certain content), you may be required to pay Premium membership fees. Premium membership fees, along with any required taxes, may be paid on a monthly or annual basis. All Premium membership fees are payable in advance. You agree to pay the membership fees, and other charges you incur in connection with your MEGADOLLS account, whether on a one-time or subscription basis. MEGADOLLS reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
5.2 Other Fee-Based Services. The Services include the ability to make certain other fee-based transactions, including, without limitation, the ability to purchase goods and services (“Fee-Based Services”). In some cases, you may be required to make one payment to MEGADOLLS (for example, a deposit) and one or more subsequent payments to a third-party merchant or service provider to complete the transaction. Additional Terms may apply to your use of, access to and purchase of Fee-Based Services and will be presented to you at the time of purchase. Additional Terms may include terms and conditions between you and MEGADOLLS or terms and conditions from third party merchants or service providers who provide the Fee-Based Services. Such Additional Terms are incorporated herein by reference. Unless otherwise stated in the Additional Terms and Conditions for particular Fee-Based Services, the following terms and conditions shall apply to all Fee-Based Services:
5.3 Payment Method and Terms. For all purchases, you will be charged at confirmation of purchase. In addition, for auto-renewing subscriptions, you will be charged within 24 hours prior to the end of the current period. The Services accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, MEGADOLLS may obtain a preapproval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the “Submit” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us. MEGADOLLS reserves the right to change any and all prices for any Services and other Content at any time, for any reason.
5.4 Auto Renewal. Your subscription will continue indefinitely until terminated in accordance with this Agreement. After your Initial Term, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at MEGADOLLS’ then-current price for such subscription. You agree that your User Account will be subject to this automatic renewal feature unless you cancel your subscription prior to the Renewal Commencement Date.
5.4.1 Cancelation of Monthly Subscription. If you cancel your subscription with at least 7 days remaining in the then-current month of your term, then your subscription will not renew for another term. You may continue to use your subscription until the end of your then-current month. If you cancel your subscription with less than 7 days remaining in the then-current month of your term, then your subscription will renew for another term. You may continue to use your subscription until the end of the next month, which will conclude your monthly subscription. You will not be automatically charged for another term following the end of the next month after your then-current month.
5.4.2 Cancelation of Annual Subscription. You have the right to cancel your subscription at any time. However, all cancellations require at least seven days’ notice of your intent to cancel your annual subscription. If you cancel your subscription with at least 7 days remaining in the current month of your current term, then you may be eligible for a prorated refund. You may continue to use your subscription until the end of your then-current month of your term. All remaining unused portions of your term may be eligible for a prorated refund. If you do not cancel your subscription at least 7 days prior to the next month of your term, then you will not be eligible for a prorated refund including the next month after the then-current month of your term. You will be charged for each month for which you did not properly provided at least 7 days’ notice of your intent to cancel your subscription. You may continue to use your subscription until the end of the next month after your then-current month of your term. All remaining unused portions of your term may be eligible for a prorated refund. Should the cancelation of your subscription be eligible for a prorated refund, you will be required to pay all transaction and processing fees to execute such refund which will be deducted from the remaining balance of the unused portions of your subscription.
5.5 General Subscription Authorization. By subscribing, you authorize MEGADOLLS, including any payment processors, to charge you for the initial, and any renewal subscriptions. If MEGADOLLS does not receive payment from you or from a payment processor, (i) you agree to pay all amounts due on your User Account upon demand, and/or (ii) you agree that MEGADOLLS may either terminate or suspend your subscription and continue to attempt to charge you or a payment processor on your behalf until payment is received (upon receipt of payment, your User Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
5.6 Taxes. You are responsible for any taxes imposed on any subscription or Fee-Based Services’ transactions conducted on or in connection with the Services and applicable taxes will be added to the amount charged for the applicable transaction. Subscription and Fee-Based Services’ transactions in connection with the Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, without limitation, the billing address and tax rates in effect at the time your transaction is completed. No customers or users are eligible for tax exemptions for transactions made in connection with the Services.
5.7 Additional Terms and Conditions. MEGADOLLS may revise any or all of the fees and prices associated with the Services at any time for any or no reason. Further, MEGADOLLS does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products or services on or in connection with the subscription and Fee-Based Services do not imply MEGADOLLS’ or any of its affiliates’ endorsement of such products or services. Moreover, MEGADOLLS and its third-party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if MEGADOLLS terminates your use of or registration to the Services because you have breached this Agreement, you shall not be entitled to a refund of any unused portion of any fees, payments, or other consideration.
6. USER CONDUCT
You are solely responsible for your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant, and agree that, while using the Services, you shall not:
6.1 Intentionally or unintentionally engage in or encourage conduct that would violate any applicable law or rule, give rise to civil liability, or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
6.2 Submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material that: (i) is, illegal, harmful, threatening, defamatory, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, contains explicit or graphic imagery or descriptions of excessive violence or sexual acts, links to adult content, or promotes discrimination, hatred, or harm of any kind against any group or individual; (ii) makes available private information, or creates a security or privacy risk for any other person or entity; (iii) contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy, or limit the functionality of any property; or (iv) is false, incorrect, misleading, or fraudulent information, including, without limitation, as it pertains to any doll-related conduct, activities, achievements, initiatives, promotions, and/or opportunities;
6.3 Intentionally or unintentionally engage in or encourage conduct that adversely affects MEGADOLLS, MEGADOLLS’ affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, operators or service providers, the Services, or causes duress, distress, or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
6.4 Without MEGADOLLS’ written agreement, use the Services for commercial purposes, whether compensated or not;
6.5 Modify, disrupt, impair, alter, or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
6.6 Impersonate any person or entity, including, without limitation, a MEGADOLLS official, or falsely state or otherwise represent your affiliation with a person, entity, or User Posting (as defined herein), transmit or otherwise make available on, through or in connection with the Services false or misleading indications of origin, information, or statements of fact;
6.7 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services, including User Postings (as defined herein) ;
6.8 Solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of users or other information;
6.9 Modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist, or authorize any other person to do so;
6.10 Use the Services in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or
6.11 Use the services if you are on any U.S. Government list of prohibited or restricted parties.
7. USER POSTINGS
7.1 Defined; Acknowledgements. The Services may provide you and other users with an opportunity to participate in feeds, forums, communities and other message, comment and communication features and functionalities and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages, user information, and other information via the Services (each, a “User Posting”, and collectively, “User Postings”). The term “User Posting” also includes all of the information you submit, or we may receive that is related to your User Posting. When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, a descriptive title, information about the User Posting, your location and/or similar information. You further acknowledge and agree that all User Postings made by means of or in connection with any portion of the Services are public and that (a) you have no expectation of privacy in any User Posting, and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and MEGADOLLS by reason of your transmitting a User Posting to any area of, or in connection with, the Services.
7.2 Responsibility; Liability. You understand, acknowledge, and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available. User Postings do not reflect the views of MEGADOLLS, its affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, or agents. You understand that by using the Services, you may be exposed to other user’s User Postings that could be offensive, indecent, or objectionable and, as such, MEGADOLLS does not guarantee the accuracy, integrity, quality, or content of any User Postings. Under no circumstances shall MEGADOLLS be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted, or otherwise made available.
7.3 Unauthorized User Postings. The Services, including, without limitation, all User Posting features and functionality, is for personal purposes only and you may not submit, post, email, display, transmit or otherwise make available, in any manner, any User Posting that we deem to be an Unauthorized User Posting (as defined herein). We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit, or reject, without notice to you, for any reason or for no reason, any User Posting, including, without limitation, any Unauthorized User Posting; provided, however, that MEGADOLLS shall have no obligation or liability to you or any third-party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized User Posting” means any User Posting that is or may be construed as violating this Agreement, including, without limitation, Section 6 herein, or is deemed to be unacceptable to MEGADOLLS, as determined in MEGADOLLS’ sole discretion. Additionally, Unauthorized User Postings shall include, but not limited to, User Postings containing material Copyrighted by a Third-Party, User Postings depicting, displaying, or reproducing MEGADOLLS clothing, including dresses, on a doll NOT created by, endorsed, or affiliated with MEGADOLLS (for example any clothing designed and created using MEGADOLLS Services may NOT be depicted in a User Posting as displayed on a doll such as a Barbie ® doll).
7.4 Rights; Representations. MEGADOLLS will not acquire any title or ownership rights in the User Postings that you submit and/or make available, EXCEPT, where the User Posting includes an image, rendering, photograph, or graphic design of our doll or doll clothing, including dresses, created using our Services. Such ownership rights and limitations are defined section 8 of this Agreement. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein.
7.4 License; Usage. In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to MEGADOLLS the unlimited, worldwide, non-exclusive, irrevocable, perpetual and royalty-free right, license, authorization, and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to MEGADOLLS, in our sole discretion. For the avoidance of doubt, the rights, licenses, and privileges described in this Agreement and granted to MEGADOLLS shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.
8. INTELLECTUAL PROPERTY
8.1 Ownership Rights. MEGADOLLS has intellectual property rights in its Services, including, but not limited to, its App, Site, and related software providing you with the ability to allow you to create and design MEGADOLLS clothing and dresses on templates. MEGADOLLS retains ownership rights in its patterns and designs which are used to create dresses on its proprietary templates. MEGADOLLS forbids the use, copy, and distribution of its templates for dolls, clothing, and dresses, except as expressly authorized by MEGADOLLS. MEGADOLLS owns any and all designs and patterns which it publishes for your use on its Services. Any original doll, clothing, or dress designs and patterns that are created using the MEGADOLLS templates shall be considered a Work Made for Hire under 17 U.S.C. § 101 and shall be exclusively owned by MEGADOLLS. Any User Postings that reproduce, depict, display, or illustrate any MEGADOLLS templates or any dolls, clothing, or dresses shall be exclusively owned by MEGADOLLS only with respect to the reproduction, depiction, display, or illustration of templates, dolls, clothing, dresses, designs, and patterns in the User Posting, and shall be consider as a Work Made for Hire for all applicable purposes.
8.2 License. In exchange for any original doll, clothing, or dress designs and patterns created using the MEGADOLLS templates, MEGADOLLS hereby grants you a non-exclusive, revokable license, to use the MEGA DOLL designs and patterns on all MEGADOLLS products and User Postings.
8.3 Digital Millennium Copyright Act. MEGADOLLS respects the intellectual property of others and asks you to do the same. MEGADOLLS will (i) remove or disable access to material made available on or through the Services that MEGADOLLS believes in good faith, upon notice from an intellectual property owner or their agent, to be infringing the intellectual property of a third party; and (ii) remove any User Postings uploaded to the Services by “repeat infringers.” MEGADOLLS will consider you a “repeat infringer” if MEGADOLLS has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to your User Postings. MEGADOLLS has discretion, however, to terminate your User Account after receipt of a single notification of claimed infringement or upon MEGADOLLS’ own determination.
8.4 Infringement. If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then promptly send a “Notification of Claimed Infringement” containing substantially the following information to MEGADOLLS’ Designated Agent identified below:
Written notification of claimed infringement must be submitted to the following Designated Agent:
MEGADOLLS INC.,
108-16 64th Avenue Forest Hills, NY 11375
encouragekindness@megadolls.com
MEGADOLLS may share the Notification of Claimed Infringement with the user alleged to have infringed a right you own or control, and you hereby consent to MEGADOLLS making such disclosure.
If you receive a notification from MEGADOLLS that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide MEGADOLLS a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to MEGADOLLS’ Designated Agent through one of the methods identified in this section, and include substantially the following information:
If you submit a Counter Notification to MEGADOLLS in response to a Notification of Claimed Infringement, then MEGADOLLS will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that MEGADOLLS will replace the removed User Postings or cease disabling access to the User Postings in 10 business days following receipt of the Counter Notification, unless MEGADOLLS’ Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services.
8.5 Liability; Damages. The Copyright Act provides that any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of MEGADOLLS relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. MEGADOLLS reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
9. PRIVACY POLICY
9.1 Personal Information. We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Services, you may be required to provide certain personal or personalized information to us (such information referred to hereinafter as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in this Privacy Policy. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.
9.1.1 Definition of Personal Information. Personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:
9.1.2 Personal Information Does Not Include. Personal information does not include publicly available information. Publicly available means information that is lawfully made available from federal, state, or local government records, if any conditions associated with such information. “Publicly available” does not mean biometric information collected by a business about a customer without the customer’s knowledge. Information is not “publicly available” if that data is used for a purpose that is not compatible with the purpose for which data is maintained and made available in the government records or for which it is publicly maintained. “Publicly available” does not include consumer information that is deidentified or aggregate consumer information.
9.2 Information We Collect About You. We collect the information that you voluntarily provide to us. For example,
9.2.1 Information We Collect Automatically. When you access and/or use the Services, we automatically collect certain information through cookies, web beacons and other technologies and store it in our log files. This information includes anonymous identifiers, operating system and version, your Internet protocol (IP) address, pages you view on our Site, search terms you entered to arrive at our Site and other information regarding your access to and/or use of the Services. We may combine this information with other information that we have collected about you, including, where applicable, your username, name, and other Personal Information.
9.2.2 Location Information. The Services may allow access to, or make available opportunities for you to view, and/or receive, certain content, products, services, information, and other materials based, in whole or in part, upon your location (“Location Based Content”). In order to make Location Based Content available to you, the Services will determine your location using one or more points of data, reference and/or information associated with, among other things, the device you use to access and use the Services (a “Device”), including, without limitation, GPS, beacons, device software/features/services and other points of data, reference, and information. If you have set your device to disable GPS, Bluetooth, Wi-Fi, or other location determining or assisting software, features or services, or do not authorize the Services to access your location data, the Services may not be able to determine your location and you may not be able to access, view and/or receive Location Based Content.
9.2.3 Address Book. We may periodically access and store your contact list and/or address book (and the information contained therein) on your Device to, among other things, find and keep track of mobile phone numbers of other users of the Services, and to allow you and us to send notifications (including, without limitation, invitations, and requests) to your contacts, as well as other users of the Services, via SMS text, email, and other methods. Prior to accessing your contact list or address book, we will ask for your consent to do so. If you do not consent to our access of such information, you may not be able to use certain functionality within the Service.
9.2.4 Information we obtain from third party sources. From time to time, we receive Personal Information about you from third party sources but only where we have received assurances from these third parties that they have either received your consent or are otherwise legally permitted or required to disclose your Personal Information to us. The types of information we may collect from third parties include your name and email address, phone number, gender, and physical address. We use the information we receive from these third parties in order to provide Services to those third parties (for example, payment and order processing services).
9.3 How We Use Your Information.
9.3.1 Service Providers. In certain situations, we employ other companies and people to perform tasks on our behalf and share your information with them to provide that service. Except as stated in this Privacy Policy or unless we inform you otherwise, our service providers do not have any right to use the Personal Information we share with them beyond what we deem necessary to assist us in performing such tasks.
9.4 California Consumer Privacy Act. MEGADOLLS may ask you to disclose personal information or may collect personal information about you pursuant to this Section 9. If you are a California Resident, you may ask MEGADOLLS to disclose what personal information we have about you and what we do with that information, you may request to delete your personal information and opt-out of the sale of your information. Generally, MEGADOLLS may not discriminate against you for exercising your rights under this Section 9.4.
9.4.1 Right to Know. Registered users of Service who are California residents may request MEGADOLLS to disclose the information that we have collected, used, shared, or sold about you, and why we collected, used, shared, or sold that information. All requests must be labeled “California Request to Know” on the email subject line. Specifically, you may request that MEGADOLLS disclose:
9.4.2 Right to Delete. Registered users of Services who are California residents may request that MEGADOLLS delete personal information that we have collected from you. All requests must be labeled “California Request to Delete” on the email subject line. MEGADOLLS will not be required to delete your information if it is necessary for MEGADOLLS to maintain your personal information in order to:
9.4.3 Right to Opt-Out. Registered users of Services who are California residents may request that MEGADOLLS stop selling your personal information. All requests must be labeled “California Request to Opt-Out” on the email subject line. The sale of information means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. Generally, MEGADOLLS DOES NOT engage in the sale of personal information. For purposes of this section, MEGADOLLS does not sell personal information,
9.4.4 Right to Non-Discrimination. MEGADOLLS cannot deny goods or services, charge you a different price, or provide a different level or quality of goods or services just because you exercise your rights under this Section 9. However, if you refuse to provide your personal information to MEGADOLLS or request MEGADOLLS to delete or stop selling your personal information, and that personal information or sale is necessary for MEGADOLLS to provide you with goods or services, then MEGADOLLS may not be able to complete your transaction or provide Services.
9.4.5 Requests. All requests under this section must be emailed to encouragekindness@megadolls.com. All requests must provide a description of the content or information in you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly and may not be able to respond if you do not provide complete information. Please note that any requests for removal do not ensure complete or comprehensive removal of the Content or information from the Services. For example, content that you have posted may be republished or reposted by another User or third party.
9.5. Children’s Online Privacy Protection Act. The rules of the Children’s Online Privacy Protection Act are directed towards children under the age of 13 years old. MEGADOLLS may collect personal information about its users who are children under the age of 13. We understand and respect the private information of our young users. Therefore, we maintain the confidentiality, security, and integrity of information we collect from children, including taking reasonable steps to release such information to parties capable of maintain its confidentiality and security. If you are the parent or legal guardian of a child under the age of 13 who is intending to use our services then by agreeing to the terms of this Agreement, you expressly consent to the use of your child’s personal information by MEGADOLLS for the purpose necessary to provide services under this Agreement. For more information regarding the MEGADOLLS data security program and safeguards to protect your child’s information, please read Section 9.6.1.
9.5.1 Request Under Children’s Online Privacy Protection Act. If you wish to prevent further use or online collection of a child’s personal information or delete your child’s personal information or account, please email INSERT EMAIL. All requests must be clearly labeled “Request Under Children’s Online Privacy Protection Act”. All requests must provide a description of the content or information in your User Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly and may not be able to respond if you do not provide complete information.
9.6. Stop Hacks and Improve Electronic Security Act. In compliance with the State of New York’s Stop Hacks and Improve Electronic Security Act, MEGADOLLS has developed, implemented, and maintains reasonable safeguards to protect the security, confidentiality, and integrity of the private information of its users.
9.6.1 Data Security Program. MEGADOLLS has implemented a data security program to maintain reasonable safeguards to ensure the protection of its user’s private information. Reasonable safeguards that MEGADOLLS takes to ensure the protection of personal information includes, but is not limited to:
10. MODIFICATIONS
We may modify this Agreement at any time, for any reason, in our sole discretion. If we modify this Agreement, we will provide you with notice on the Site and within the App. We may also send you notice to the email address you provided us when you registered for an account. You are solely responsible for providing us with a current and accurate email address. In certain circumstances, we may require you to provide additional consent before any further use of the Site, App or Services is permitted. We recommend that you check back frequently and review this Agreement regularly, so you are aware of the most current rights and obligations that apply to you.
11. THIRD-PARTY PLATFORMS
11.1 Third Party Platforms. Some of the Services may be dependent on and/or interoperate with third party owned and/or operated platforms and services (e.g., Facebook, Twitter, Google Play, PayPal, LinkedIn, Apple, etc.) (each, a “Third-Party Platform”) and may require that you be a registered member of such Third-Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third-Party Platforms, in addition to providing application hosting, content distribution, support and other related services, may provide us with certain additional information about you. No Third-Party Platform through which you purchase the Services shall furnish any maintenance or support with respect to the Services, nor shall they address any third-party claims related to your use of the Services.
11.2 Third Party Payment Processors. We use INSERT PAYMENT PROCESSOR NAME to process payments. Stripe, Inc. may receive personal information from you. You are bound by the INSERT PAYMENT PROCESSOR TERMS OF SERVICE AGREEMENT NAME, which can be found here: INSERT LINK TO PAYMENT PROCESSOR’S TERMS OF SERVICE.
11.3 Third Party Products and Services. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED OR PURCHASED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD-PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD-PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD-PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. IN SOME CASES, YOU MAY BE REQUIRED TO DIRECT CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES TO THE RELEVANT THIRD-PARTY OPERATIONAL SERVICE PROVIDER.
11.4 App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that this Agreement is between you and MEGADOLLS and not with the App Store. MEGADOLLS, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.
12. DISCLAIMER
12.1 Generally. THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Services, including, without limitation, User Postings and Content associated with your use of the Services.
12.2 No Warranty of Timeliness or Availability. You further understand and acknowledge the capacity of the Services, in the aggregate and for each user, is limited. Consequently, some messages and transmissions, including, without limitation, User Postings, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that MEGADOLLS assumes no liability, responsibility, or obligation to transmit, process, store, receive or deliver transactions or User Postings or for any failure or delay associated with any User Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions or User Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
13. DISPUTES
13.1 Disputes. If you have a complaint or dispute about a certain charge, or about a certain feature or product made available on or in connection with the subscription and Fee-Based Services, you must promptly notify MEGADOLLS customer service of such complaint or dispute by sending a detailed email to encouragekindness@megadolls.com.
13.2 Arbitration. You agree that any and all disputes or claims relating in any way to your access or use of the Site, to any products sold or distributed through the Site, the Application, Services, or to any aspect of your relationship with MEGADOLLS, will be resolved by binding arbitration, rather than in court, except that (1) MEGADOLLS may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
13.2.1 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to MEGADOLLS, 108-16 64th Avenue Forest Hills, NY 11375. The substantive portions of this agreement shall be governed according to section 17.3 of this Agreement.
13.2.2. Appointment of Arbitrator. The Parties to this Agreement may agree on one arbitrator, but in the event that they cannot so agree, there shall be three arbitrators, one named in writing by each of the Parties within thirty (30) days after demand for arbitration is made, and a third to be chosen by the two so named. The arbitrators among themselves shall appoint a presiding arbitrator. Should either Party fail to timely join in the appointment of the arbitrators, the arbitrators shall be appointed in accordance with the provisions of 9 U.S.C. § 5.
13.2.3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and MEGADOLLS. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
13.3 Governing Law. This Agreement and your use of the Services shall be governed by, construed, and enforced in accordance with the laws of the State of New York. By agreeing to the terms of this agreement, should MEGADOLLS seek equitable relief in Federal Court, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in New York, NY; thus, you agree to waive any objections to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise. Furthermore, IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES, OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
13.4 Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MEGADOLLS, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL MEGADOLLS’ LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER; OR (B) $1,000 USD.
14. MISCELLANEOUS
14.1 Notice. Where MEGADOLLS requires that you provide an email address, you are responsible for providing MEGADOLLS with your most current email address. In the event that the last email address you provided to MEGADOLLS is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to MEGADOLLS at the following address: 108-16 64th Avenue Forest Hills, NY 11375. Such notice shall be deemed given when received by MEGADOLLS by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
14.2 Enforcement. MEGADOLLS may investigate and take legal action against anyone who, in MEGADOLLS’ sole discretion, violates, or is suspected of violating, this Agreement, including, without limitation, reporting to law enforcement authorities. You acknowledge, consent, and agree that MEGADOLLS may access, preserve, and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to your requests for customer or technical service; or (v) protect the rights, property or personal safety of MEGADOLLS, its users or any third parties. MEGADOLLS also reserves the right to remove the Services from Third-Party Platforms, which would limit your ability to re-download the Services.
14.3 Indemnification. You agree to defend, indemnify, and hold MEGADOLLS and its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and service providers (the “MEGADOLLS Parties”) harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation of this Agreement, or (c) your User Postings. MEGADOLLS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MEGADOLLS’ defense of such Claim. This provision does not require you to indemnify the MEGADOLLS Parties for any unconscionable commercial practice by MEGADOLLS or for MEGADOLLS’ fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site, App, or any Services provided hereunder.
14.4. Final Agreement. Survival; Waiver. This Agreement and any applicable Additional Terms contain the entire understanding and agreement between you and MEGADOLLS concerning the Services and supersede any and all prior or inconsistent understandings relating to the Services and your use thereof.
14.5 Severability. If any part or parts of this Agreement are found under the laws of the State of New York to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this Agreement shall continue in full force and effect.
14.6 Survival of Agreement; Waiver. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date of which the first cause of action arose). The failure of MEGADOLLS to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
14.7 Assignment. This Agreement, and any rights, licenses, and privileges granted herein, may not be transferred, or assigned by you, but may be assigned or transferred by MEGADOLLS without restriction, notice, or other obligation to you.
14.8 Headings. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
14.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument.
ELIGIBILITY
MEGADOLLS’ services are intended for the use and enjoyment of children between the ages of 13 and 18. Many of our services are directed towards teenagers; however, some may be generally directed towards children of all ages. Because our services are intended for younger children, we strive to provide safety and security to protect the privacy of our members.
We require that ALL USERS agree to these Terms of Service. IF YOU ARE BELOW THE AGE 18 you may not enter into this Agreement by your own right. Therefore, you must have your parent or legal guardian review these Terms of Service with you before entering into this legally binding Agreement. We kindly ask that have your parent or legal guardians help you carefully read and understand these terms and conditions and help you register an account with us.
By using the SITE, APP OR SERVICES, DOWNLOADING THE APP, COMPLETING THE REGISTRATION PROCESS AND/OR CLICKING THE “I ACCEPT” BUTTON, you understand and agree that (i) you have read and agree to be bound by this Agreement, and (ii) you are of legal age (18 years old) to form a binding contract with MEGADOLLS.