Terms of Use

Welcome to MUSICMATRIX.COM!

1. Your relationship with MUSICMATRIX.COM
  1. Your use of MusicMatrix.com's ("MMX") products, services and website (referred to collectively as the "Website") is subject to the terms of a legal agreement between you and MMX. "MMX" means MusicMatrix.com, whose principal place of business is at 6313 Corporate Ct, Suite A, Fort Myers, FL 33919, United States.
  2. Unless otherwise agreed in writing with MMX, your agreement with MMX will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
  3. Your agreement with MMX will also include the terms of any Legal Notices applicable to the Website, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
  4. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and MMX in relation to your use of the Website. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
  5. If there is any contradiction between what the Additional Terms state and what the Universal Terms state, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
  1. In order to use the Website, you must first agree to the Terms. You may not use the Website if you do not accept the Terms.
  2. You can accept the Terms by:
    1. clicking to accept or agree to the Terms, where this option is made available to you by MMX in the user interface for any Service; or
    2. by actually using the Website. In this case, you understand and agree that MMX will treat your use of the Website as acceptance of the Terms from that point onwards.
  3. You may not use the Website and may not accept the Terms if (a) you are not of legal age to form a binding contract with MMX, or (b) you are a person barred from receiving the Website under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
  4. Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Provision of the Website by MMX
  1. MMX is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Website which MMX provides may change from time to time without prior notice to you.
  2. As part of this continuing innovation, you acknowledge and agree that MMX may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to users generally at MMX's sole discretion, without prior notice to you. You may stop using the Website at any time. You do not need to specifically inform MMX when you stop using the Website.
  3. You acknowledge and agree that if MMX disables access to your account, you may be prevented from accessing the Website, your account details or any files or other content which is contained in your account.
  4. You acknowledge and agree that while MMX may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Website or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by MMX at any time, at MMX's discretion.
4. Use of the Website by You
  1. In order to access certain Services within the Website, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Website. You agree that any registration information you give to MMX will always be accurate, correct and up to date.
  2. You agree to use the Website only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
  3. You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by MMX, unless you have been specifically allowed to do so in a separate agreement with MMX. You specifically agree not to access (or attempt to access) the Website through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Website. MMX grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MMX reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
  4. You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website). You agree not to alter or modify any part of the Website.
  5. Unless you have been specifically permitted to do so in a separate agreement with MMX, and except as provided in Section 7 below, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Website for any purpose.
  6. You agree that you are solely responsible for (and that MMX has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MMX may suffer) of any such breach.
  7. You agree not to use the Website for any commercial use. Prohibited commercial uses include any of the following actions:
    1. use of the Website for the primary purpose of gaining advertising or subscription revenue;
    2. advertising products or services on the Website, except as provided below; and
    3. the sale of advertising on the Website;
  8. Prohibited commercial uses do not include:
    1. uploading an original video to MMX with the primary purpose of promoting your artistic enterprise;
    2. using the Embeddable Player to show content from MMX on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue.
  9. If you use the Embeddable Player on your website, you must include a prominent link back to the MMX website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
5. Your passwords and account security
  1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Website.
  2. Accordingly, you agree that you will be solely responsible to MMX for all activities that occur under your account.
  3. If you become aware of any unauthorized use of your password or of your account, you agree to notify MMX immediately at.
6. Paid Subscription Terms
  1. If you have subscribed to a MMX paid subscription service, then by so subscribing you are entering into a legal and binding agreement between yourself, as an end user and MMX.
7. Payment Obligation and Credit Card Authorization
  1. When subscribing to a paid service, you must use a major credit card in order to register for the Service. You hereby authorize us to charge your credit card to pay for your initial Service subscription and for any automatic renewals. Until you cancel your subscription, we will renew it automatically, and we will charge your credit card each month (depending on the subscription term that you selected when you registered) for the price of a then-current monthly subscription (depending on the subscription term that you selected when you registered).
  2. All sales are final. You may cancel the renewal of your subscription not less than ten (10) days prior to its renewal date. Once subscription fees have been charged to your credit card, they are nonrefundable. Only in cases of demonstrated fraud will subscription payments be refunded.
  3. You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. You will also be responsible for charges for any products or services that you purchase that are offered for sale through the site MusicMatrix.com.
  4. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your credit card issuer agreement governs your use of your designated credit card in connection with the Service, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder.
8. Your Use of Content in the Website
  1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Website are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". MMX users may submit to MMX audio video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Content."
  2. You should be aware that Content presented to you as part of the Website may be protected by intellectual property rights which are owned by the persons who provide that Content to MMX (or by other persons). Although MMX users who submit Content to the Website agree to make that Content available to other users pursuant to a Creative Commons Attribution-Share Alike (or equivalent) license, and warrant that they have the right to make such a license, MMX cannot guarantee that a user in fact has the right to make such a license. Therefore, you use such Content at your own risk.
  3. You agree to access and use Content solely:
    1. for your information and personal use;
    2. as intended through the normal functionality of the Website;
    3. for Remixes and other uses consistent with fair use and a Creative Commons Attribution-Share Alike (or equivalent) license; and
    4. for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User videos for any purpose or in any manner other than Streaming is expressly prohibited. User videos are made available "as is."
  4. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes.
  5. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
  6. You understand that by using the Website, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website at your own risk. MMX does not endorse any Content or any opinion, recommendation, or advice expressed therein, and MMX expressly disclaims any and all liability in connection to all Content, including User Content.
9. Your Submission of Content
  1. As noted above, you may submit audio-video content ("User Videos") and textual content ("User Comments") to MMX. User Videos and User Comments are collectively referred to as "User Content."
  2. MMX reserves the right to pre-screen, review, flag, filter, modify, refuse or remove any or all Content, including User Content, from any Service, without prior notice. MMX does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and MMX will remove all Content, including User Content, in accordance with the copyright policy discussed below. Upon receiving notice from users and conducting its own review, MMX will also remove material it deems inappropriate, including pornography and sexually explicit conduct; animal abuse, drug abuse, or bomb making; graphic or gratuitous violence; hate speech or defamation; and predatory behavior, stalking, threats, harassment, invading privacy, or revealing personal information;
  3. You agree that you are solely responsible for (and that MMX has no responsibility to you or to any third party for) any User Content that you create, transmit or display while using the Website and for the consequences of your actions (including any loss or damage which MMX may suffer) by doing so.
  4. You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through, the Website. By submitting, posting or displaying the content you give MMX a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content which you submit, post or display on or through, the Website. This license is for the sole purpose of enabling MMX to display, distribute and promote the Website.
  5. You understand that MMX, in performing the required technical steps to provide the Website to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit MMX to take these actions.
  6. You confirm and warrant to MMX that you have all the rights, power and authority necessary to grant the above license.
  7. In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights, have permission from their rightful owner to post the material, or have other legal authorization (such as fair use). You also agree that you will not submit material that is inappropriate, as defined in section 8.2 above.
  8. You agree that all User Content you submit to MMX is available to the public under a Creative Commons Attribution-Share Alike (or equivalent) license. You further agree that by submitting User Content to MMX, the User Content is available to the public under a Creative Commons Attribution-Share Alike (or equivalent) license.
10. Proprietary rights
  1. You acknowledge and agree that MMX (or MMX's licensors) own all legal right, title and interest in and to the Website, including any intellectual property rights which subsist in the Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Website may contain information which is designated confidential by MMX and that you shall not disclose such information without MMX's prior written consent.
  2. Unless you have agreed otherwise in writing with MMX, nothing in the Terms gives you a right to use any of MMX's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
  3. If you have been given an explicit right to use any of these brand features in a separate written agreement with MMX, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.
  4. Other than the license set forth in Section 8, MMX acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any User Content that you submit, post, transmit or display on, or through, the Website, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with MMX, you agree that you are responsible for protecting and enforcing those rights and that MMX has no obligation to do so on your behalf.
  5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website.
  6. Unless you have been expressly authorized to do so in writing by MMX, you agree that in using the Website, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
11. Ending your relationship with MMX
  1. The Terms will continue to apply until terminated by either you or MMX as set out below.
  2. If you want to terminate your legal agreement with MMX, you may do so by (a) notifying MMX at any time and (b) closing your accounts for all of the Website which you use, where MMX has made this option available to you. Your notice should be sent, in writing, to MMX's address which is set out at the beginning of these Terms.
  3. MMX may at any time terminate its legal agreement with you if:
    1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
    2. MMX is required to do so by law (for example, where the provision of the Website to you is, or becomes, unlawful); or
    3. the partner with whom MMX offered the Website to you has terminated its relationship with MMX or ceased to offer the Website to you; or
    4. MMX is transitioning to no longer providing the Website to users in the country in which you are resident or from which you use the Website; or
    5. the provision of the Website to you by MMX is, in MMX's opinion, no longer economically viable.
  4. Nothing in this Section shall affect MMX's rights regarding provision of Website under Section 3 of the Terms.
  5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and MMX have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
  1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT MMX'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE."
  3. IN PARTICULAR, MMX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
    1. YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS,
    2. YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
    3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND
    4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED.
  4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MMX OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  6. MMX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY
  1. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MMX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
    1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
    2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
      1. ANY CHANGES WHICH MMX MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);
      2. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;
      3. YOUR FAILURE TO PROVIDE MMX WITH ACCURATE ACCOUNT INFORMATION;
      4. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
  2. THE LIMITATIONS ON MMX'S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT MMX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Copyright policy
  1. It is MMX's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
  2. It is MMX's policy to respond to clear notices of alleged copyright infringement. This section describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to MMX as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well. MMX's designated agent for receipt of receiving notifications of claimed infringement is:
    Richard DiBiase
    RTR Media, Inc
    6313 Corporate Court, Suite A
    Fort Myers, FL 33919
    Phone: 1-239-415-1525
    Fax: 1-239-236-0751
    Email: copyright@musicmatrix.com
  3. Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the affected content so that he/she may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party partner for publication and annotation.
  4. Infringement Notification. To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers):
    1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed .
    2. Identify the material that you claim is infringing the copyrighted and provide the specific URL where the allegedly infringing material can be found on the MMX website.
    3. Provide information reasonably sufficient to permit MMX to contact you (email address is preferred).
    4. Provide information, if possible, sufficient to permit MMX to notify the provider of the allegedly infringing webpage or other content (email address is preferred).
    5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
    6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
    7. Sign the paper.
    8. Send the written communication to the following address:
      Richard DiBiase
      DMCA Complaints
      RTR Media, Inc
      6313 Corporate Court, Suite A
      Fort Myers, FL 33919
      Phone: 1-239-415-1525
      Fax: 1-239-236-0751
      Email: copyright@musicmatrix.com
  5. Counter Notification. The provider of affected content may make a counter notification pursuant to 17 U.S.C. ß 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
  6. To expedite our ability to process your counter notification, please use the following format (including section numbers):
    1. Identify the specific URLs or other unique identifying information of material that MMX has removed or to which MMX has disabled access.
    2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
    3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
    4. Sign the paper.
    5. Send the written communication to the following address:
      Richard DiBiase
      DMCA Complaints
      RTR Media, Inc
      6313 Corporate Court, Suite A
      Fort Myers, FL 33919
      Phone: 1-239-415-1525
      Fax: 1-239-236-0751
      Email: copyright@musicmatrix.com
  7. Account Termination. Some MMX Services do not have account holders or subscribers. For Services that do, MMX will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact MMX and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
15. Other content
  1. The Website may include hyperlinks to other web sites or content or resources. MMX may have no control over any websites or resources which are provided by companies or persons other than MMX.
  2. You acknowledge and agree that MMX is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
  3. You acknowledge and agree that MMX is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
16. Changes to the Terms
  1. MMX may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, MMX will make a new copy of the Universal Terms available and any new Additional Terms will be made available to you from within, or through, the affected Services.
  2. You understand and agree that if you use the Website after the date on which the Universal Terms or Additional Terms have changed, MMX will treat your use as acceptance of the updated Universal Terms or Additional Terms.
17. General legal terms
  1. The Terms constitute the whole legal agreement between you and MMX and govern your use of the Website (but excluding any services which MMX may provide to you under a separate written agreement), and completely replace any prior agreements between you and MMX in relation to the Website.
  2. You agree that MMX may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website.
  3. You agree that if MMX does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MMX has the benefit of under any applicable law), this will not be taken to be a formal waiver of MMX's rights and that those rights or remedies will still be available to MMX.
  4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  5. You acknowledge and agree that each member of the group of companies of which MMX is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
  6. The Terms, and your relationship with MMX under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and MMX agree to submit to the exclusive jurisdiction of the courts located within the county of Fort Myers, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that MMX shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.