TERMS OF SERVICE

-&- CONSTITUTION OF MxM INTERNATIONAL FETISH COMMUNITY

📌
These Terms of Service were modified on Wednesday, September 7th 2022.

Prospective or current member,

Below, you'll find our Terms of Service for MxM International Fetish Community ("MXMIFC" or “MxM”), presented by Union Aegis, LLC. These Terms of Service apply to all websites and software belonging to our community, including but not limited to MxM Network, Videonet by MxM, WarmFire by MxM, and MxM for Android.

Agreement of these terms is required for all new members. Agreement of these terms is also required for existing members to continue use of our website.

Article 1 - Our Zero-tolerance Conduct Code

💡
Key Summary of Article 1— We don’t judge others on MxM - period. If you see content you’re not interested in, you can adjust your content experience to remove the content or block the member outright. Consent is critical, and no is a complete sentence. If you operate outside of those boundaries, consequences can include removal or a ban from the service. Respect creators, and refrain from stealing their content.

By joining MxM as a member, you acknowledge and agree to the following Conduct Code:

  1. We are a judgement-free zone - for fellow members, we do not discriminate against:
    1. their fetish/kink preferences;
    1. their cultural differences;
    1. their sexual orientation;
    1. their race;
    1. their age;
    1. their gender identity;
    1. any protected status per United States law;
  1. Consent and safety come first;
    1. Members of MxM shall network responsibly, taking reasonable precautions to stay out of harm’s way;
    1. “No” is a complete sentence, and violations of consent that occur from meets organized using our platform will not be tolerated;
  1. We treat each other with unmitigated respect;
    1. Abusive language or abusive behavior toward other members, digitally or in person, will not be tolerated;
    1. Harassment of other members, digitally or in person, will not be tolerated;
    1. Stalking of other members, digitally or in person, will not be tolerated;
  1. We maintain a strong standard of fetish integrity;
    1. We value our creators and enforce their rights - stealing or misappropriating of creator content is not permitted;
    1. We respect the community space we share - spamming behavior is not permitted;
    1. We are honest to each other and the administrators charged with our safety - lying or withholding important information from the support team can result in being removed from the community;

Article 2 - Entry Control and Quality

💡
Key Summary of Article 2 — Entry is filtered, and active members are given priority in choosing who joins our community. Users can also join if we’ve opened registration to the public, or contact us outright to request a membership. At our discretion, you may be removed from the service if you register a low-quality profile.

Our goal at MxM is safe, quality networking and meets. We moderate and filter entry. We don’t have expectations for your level of participation once you’re with us - but we do for the profile you create.

By joining MxM as a member, you acknowledge and agree that:

  1. MxM moderates entry, and reserves the right to do so;
  1. Open registration will be limited to special periods we designate;
  1. MxM shall only be accessible by users that:
    1. are active members in good standing;
    1. join during an open registration period;
    1. are manually granted entry by an existing member;
    1. are manually granted entry by a member of the support team / an admin;
  1. MxM shall only be continuously accessible by users who adopt a profile that gives others a decent idea of who they are;
    1. Anonymous and low-quality profiles are no longer acceptable on this platform;
    1. Members with anon / low-quality profiles will be restricted or removed, especially with prolonged inactivity;

Article 3 – Membership and Eligibility

💡
Key Summary of Article 3 — Account = membership. All members must be men -or- masculine non-binary people who are at least 18 years old. Membership is free by default. Paid options are available. If your email address kicks back as invalid at any point -or- you are missing critical information on your account, your membership will be frozen (unusable) and scheduled to be removed from the service after a certain amount of time has elapsed.

By joining MxM as a member, you acknowledge and agree that:

  1. MxM is a private male fetish community for men and masculine non-binary persons ages 18 and older;
  1. YOU must be 18 years or older;
  1. Seeing male fetish content should be fully expected when using this site;
  1. Membership is free unless the user chooses a paid membership type;
  1. A valid MxM membership provisions access to all MxM services;
  1. Only one user account is allowed per person;
  1. A valid user account represents membership;
  1. Your contact email address must always be valid;
    1. If your contact email generates kickback indicating that the provided email is invalid, your account will be frozen and scheduled for deletion;
  1. Membership is valid (for any and all purposes) only if ALL of the following are true:
    • You are 18 years of age or older;
    • You are male -or- are a masculine non-binary person;
    • You are deemed by site administration as “eligible” (in good standing) for membership;
    • You entered a legally accurate date of birth upon registration and/or you were verified by Legal ID;
    • A valid email address was entered upon registration;
  1. To promote the welfare of our community, membership will be void or terminated where any of the following conditions are met:
    • You are determined to be “ineligible” for membership by site administration, and therefore have been suspended, removed, banned, or blacklisted from the site;
    • You bypassed entering your DOB (date of birth) upon registration, or intentionally entered an invalid/erroneous DOB - and/or refused to correct it after contact attempts made to validate it;
    • You are flagged for age verification and decline to work with site administration to resolve concerns;
    • You failed to register with a valid, contactable email address;
    • You were found to be uncontactable due to providing a disposable or erroneous email address;
  1. MxM reserves the right to disable or terminate memberships that have been inactive for an extended period of time;
  1. MxM reserves the right to ultimately disable and/or terminate your membership for any reason at any time in accordance with Article VII;

Article 4 – Community Moderation

💡
Key Summary of Article 4 — We can change our approach to registration at any time. Your membership can be revoked (terminated, deleted) if you break our rules or share content that puts other members at risk. We reserve the right to filter, change visibility of, and redirect content within MxM as need determines. We may feature (Signal Boost) your content if we think the community would be into it, -but only- if you’ve set the privacy for that post to “Everyone”.

MxM was founded in the United States of America. This means our rules are based upon United States law, not the laws of other nations. To ensure lawful continuity of our male kink/fetish community, we endeavor to make all content site-wide respect federal and state laws, and to make said content friendly to the laws of our global neighbors where possible.

“Moderation” is how MxM and other community websites accomplish this, and it involves volunteering members monitoring the community together. It also means the use of various digital “controls” to secure our website and adherence to our policies.

Volunteers inherently require access to various user data to moderate or administer. Because of this, all volunteers sign a Non-Disclosure Agreement (NDA).

By joining MxM as a member, you acknowledge and agree that:

  1. We reserve the right to change the requirements for registration at any time;
  1. Your registration could be declined or your membership could be revoked (account deleted) if you create -or- maintain a profile that contributes very little to our community (for example, a “blank” profile);
  1. Your registration could be denied or your membership could be revoked if you create -or- maintain a profile that violates our rules;
  1. You may be contacted for moderation purposes by email, the support system, or MxM's own private notification or messaging systems;
  1. Profile material that presents a risk to the community -or- your own safety may be removed - with or without notice to you;
  1. Content you share may occasionally be subject to manual approval before fully posting to the site feeds;
  1. Content you share may be recalled for further review;
  1. You may be required to pass a reCAPTCHA test when resetting your password, registering, or using the Contact Us form;
  1. Photos you share to any feed (page, group, profile, home) may pass through the Google Cloud Vision API, in accordance with our Privacy Policy (The Google Cloud Vision API analyzes images using AI specifically to identify sensitive content);
  1. The visibility of your public posts may be reduced with or without notice to you;
  1. The visibility of any groups you create may be changed at any time, with or without notice to you;
  1. The visibility of your Page posts may be changed, at any time, with or without notice to you;
  1. We retain the right/ to redirect your posts to different areas of the site in order to maintain the site’s balance or compliance with our policies;
  1. We retain the right to "signal boost" (promote to the top of the home feed) posts that are set to the "Everyone" privacy level;
  1. We retain the right to reset posts "signal boosted" by paid memberships after a certain amount of time, or to unboost boosted content if we determine it shouldn't be promoted at that time.

Article 5– Content and Ethics

💡
Key Summary of Article 5— You should expect male fetish and kink content … on a male kink and fetish site. Imagine that. Purely non-male content is generally not permissible on MxM. Mixed content is OK as long as men or masculine non-binary elements are involved. Your content is your content - we make no claims to ownership (unless we do something like drafting an agreement with you for commercial purposes that indicates otherwise). While US law permits writing and artwork referencing/depicting persons below the legal age (18+), MxM does not. Personal experiences are the only exception - but if overly sexualized, we will request you censor or remove it altogether. Original content is preferred to content not belonging to you -and- reposted from elsewhere. We enforce US copyright laws. Very much so. Speaking of which, don’t share the content of others without their permission. Sexual, non-kink/fetish content is not allowed on MxM. We will enforce your privacy and security to the furthest extent possible by law (our hallmark) - but if you post illegal content on MxM -or- use MxM to facilitate/share illegal content, we will absolutely snitch on you and comply with law enforcement as the law allows.

Our community's hallmark has always been original content and freedom of expression. We protect this with ground rules that ensure we can continue to do this.

By joining MxM as a member, you acknowledge and agree that:

  1. MxM is an adult website for men and masculine non-binary people of fetish - seeing fetish/kink content should be fully expected during membership;
  1. Any content uploaded to MxM servers must involve men or masculine non-binary people - purely non-male content is prohibited on MxM, with a few exceptions:
    • We allow fetish artwork with a predominantly male-identifying focus;
    • We allow expression of non-male content in areas where that content is marked acceptable by a moderator or administrator;
  1. MxM makes a reasonable and strong effort to keep the community safe, but we cannot be held liable for laws broken by our users. Your use of the site is at your own discretion;
  1. Your content belongs to you, and we will never attempt to claim otherwise unless backed by a written agreement;
  1. Content that violates United States law is never permitted on MxM;
  1. Content (such as writing, artwork, photography, or videography) referencing or depicting persons below the legal age (18+ for MxM) is forbidden, except in the sole circumstance of written personal experiences from the past. You agree that violating this rule may result in the loss of your membership, and may be reported to the appropriate authorities where necessary;
  1. Original content is preferred on MxM - we don't generally permit posting excessive amounts of content from other places. You acknowledge that the content you share may be moderated if too much of it doesn’t belong to you;
  1. The Digital Millennium Copyright Act ("DMCA") is enforced on MxM;
  1. Violating the DMCA using our platform may lead to the restriction of access, or loss of your membership entirely with repeated offenses;
  1. Content found to violate a claimed copyright will be removed immediately upon validation;
  1. Content from elsewhere cannot be shared on MxM if it will compromise someone's privacy;
  1. Content that is watermarked and intended for sale by someone else cannot be shared on MxM without their documented permission;
  1. Content belonging to another member cannot be re-uploaded on MxM without their documented permission;
  1. Requests we receive invoking the DMCA’s protections take priority with our content moderation actions;
  1. Nudity is permitted on the site so long as the content sufficiently relates to kink/fetish;
  1. Sexual, non-kink/fetish content is not allowed on MxM.

Article 6 – Promotion and Creators

💡
Key Summary of Article 6 — Creators are awesome, and we love what they contribute to the greater kink & fetish community! We don’t allow discrimination toward creators on MxM, such as targeting them for not providing free content to our community. At the same time, if the only participation recorded by MxM for a creator is self-promotion, we will either adjust that creator’s content visibility, ask them to pay for advertising, or request that they choose a paid membership to continue self-promotion. Creators may be asked to open a page -or- have one opened for them and their content routed to it. We may eventually un-feature posts you’ve Signal Boosted, but when that happens, the credit for that boost returns to you and you can use it again at your leisure. Creator content must respect our Terms.

Creators are the lifeforce of any good community, and they are welcome as part of our fetish community. To properly identify creators while addressing a potential for spam-like behavior in our community, we've laid some ground rules regarding promoting or sharing content - paid or free.

By joining MxM as a member, you acknowledge and agree that:

  1. Discriminatory behavior toward creators, whether they are paid or free, is not tolerated;
  1. Spamming behavior by any member, creator or not, is prohibited;
    1. "Spamming" is defined as the excessive posting and crossposting of content across our groups, pages, and feeds in a self-serving way that detracts from the community;
  1. Joining our community purely for self promotion is acceptable, but will result either in:
    1. adjusted visibility of your content,
    1. you being asked to pay for advertising,
    1. -or- you being asked to choose a paid membership to continue self-promotion;
  1. To balance the global feed and maintain site balance, creators may be asked to open a page for the posting of their content;
  1. To balance the global feed and maintain site balance, creators may have their content forwarded to a new page under their ownership;
  1. Any content shared by a creator must not violate the Terms of service;
  1. Posts “Signal Boosted” by a paid member may be removed after an unspecified duration of time at MxM’s discretion and without notice;
    1. Should this happen, their Signal Boost credit will be returned to them, and they will be able to resume boosting posts without further restrictions.

Article 7 - Limited Liability, Appeals, and Termination of Services

💡
Key Summary of Article 7 — We retain total rights to pause, disable, or remove your access to the service at any time and for any reason. That right will be exercised against any member who violates our rules in a damaging way, hurts other members with their behavior, breaks US laws (which we are obligated to adhere to), members who have been away for an extended period of time, and in the unfortunate event that our services are no longer commercially viable to provide. Reliance on information from our platform is fully at your own risk. We cannot be held responsible for laws broken by our users. Speaking of which, you may still be exposed to harmful content despite our ongoing attempts to keep that from happening.

By joining MxM as a member, you acknowledge and agree that:

  1. We may disable, terminate your membership, or cease providing you with all or part of our services at any time for any or no reason;
  1. We may especially exercise the right to disable, terminate, or cease providing of membership services if we determine:
    • A member violated our Terms of Service in an unacceptable or damaging way;
    • A member creates risk or unnecessary legal exposure for MxM or its members;
    • A member should be removed due to unlawful conduct;
    • A member should be removed for prolonged inactivity;
    • Our provision of our services to you is no longer commercially viable;
  1. MxM reserves the right to use its controls in order to meter/halt site traffic, usage of our resources, registration, and whatever it deems necessary to ensure continuity of the website;
  1. If MxM exercises its right to terminate your membership (delete your account), we will automatically notify you via the email address associated with your account;
  1. If MxM exercises its right to terminate your membership (delete your account), we will automatically and immediately erase all content you've shared on our website;
  1. In such a case that your membership is terminated (account deleted) by you or us, the Terms of Service shall terminate for you as well. This includes, without limitation, your license to use our services;
  1. If you believe that your membership was disabled or suspended in error, you can submit an appeal by contacting appeals@mxmifc.com -or- using the Contact Us link at the bottom of the page;
  1. If you believe that you were removed (account deleted) and/or banned (account blacklisted) in error, it is very unlikely that your data can be recovered as your account (and all associated data) will have been deleted. Still, you can submit an appeal (for the removal of a ban) by contacting appeals@mxmifc.com -or- using the Contact Us link at the bottom of the page;
  1. You are not guaranteed your desired result just for filing an Appeal;
  1. We are not responsible for a membership termination email that fails to reach you due to your own violation of our Terms of Service - not registering with a valid, contactable email address;
  1. Any use/reliance on content posted on our service (or obtained by you through the service we offer) is at your own risk;
  1. We don’t endorse, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted using our services;
  1. Best as we try to maintain our service, you may still be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate while using the services provided by MxM;
  1. All content is the sole responsibility of the user who originated it. Outside of our ongoing moderation practices intended to protect this service, we cannot take responsibility for content belonging to someone else and/or uploaded against our policies.

Article 8 - Member Verification Program

💡
Key Summary of Article 8 — Verification on MxM is as simple as submitting government-issued ID / a photo of your passport ID in MxM Network settings -OR- submitting adequate proof that Ondato age verified you. This is not required for use of our site -unless- 1) you’re trying to access a feature restricted to verified users, or 2) you’ve been flagged as potentially underage. Since we have a strong obligation to keep our users safe, you’ll be scheduled for removal from the platform if we don’t get a response from you, or you’ll be removed outright if we don’t come to an agreement based on Article 8 that adequately confirms you are of legal age.

By joining MxM as a member, you acknowledge and agree that:

  1. The Member Verification Program ("verification")(”MVP”) is a process by which members may securely “authenticate” that they are a real person who is 18 years of age or older;
  1. Members who are “authenticated” by an administrator to be of legal age shall be given the trust mark (verification mark) based on one of two specific acceptance guidelines;
    1. Guideline A: An administrator witnesses a valid government-issued ID/passport digitally or in person. Said ID/passport indicates that the applying user is of legal age (18 years or older) -and- is compared to a digital reference photo taken -or- the applying user is observed in person;
    1. Guideline B: Proof is provided that age verification was completed by a trusted compliance organization within the last 365 days;
      1. Ondato (used by OnlyFans) is currently the only compliance organization we trust for age verification;
      1. Approval of other compliance / age verification processes is subject to the discretion and approval of MxM;
  1. Verification may be required to access certain community features;
  1. Verification is either “voluntary by default” -or- “required” for the use of our services;
    • "Voluntary by default" means that your membership status and eligibility to use MxM is not affected whether you choose to verify or not;
    • "Required" means that, for safety or legal reasons, your membership status and use of our services is affected if you choose not to verify;
  1. For all members, verification is “voluntary by default”;
  1. For members who meet certain criteria, verification is required;
  1. Verification becomes "required" for the use of our services in certain situations;
    • An administrator, at their discretion, develops and records a safety concern (”flagging”) over whether you are legal age;
    • You desire access to a community feature reserved for members who have been verified;
  1. If we have doubts that you are of legal age (being "flagged"), we will restrict (freeze) your account and send communication to your email address -and- your profile requesting identification be provided;
    1. For members who have logged in within the last 30 days, response will be requested within 30 days of being flagged;
    1. For members who have not logged in within the last 30 days, response will be requested within 90 days of being flagged;
    1. If no response within the applicable timeframe, your membership will be scheduled for deletion within 14 days;
  1. For users who decline -or- prefer not to verify their identity where it is "required", we reserve the right to refuse services -or- decline extending membership any further in accordance with Article VII;
  1. Verification is not:
    • A guarantee of personal safety;
    • A background check of any kind;
    • An excuse not to ask for legal ID when meeting a member in person;
  1. Verification IS:
    • A trust mark that indicates a member was verified by an administrator according to the guidelines of Article VIII, Section #2;
  1. Verification will be declined in the following scenarios:
    • Providing anything other than a valid government-issued ID or passport image;
    • A Government ID or passport that doesn’t reflect the age of 18 years old or older;
    • Attempting to falsify legal documents to circumvent this process;
    • A significant mismatch between your government or state-issued ID photo and your reference photo;
    • Images that are too blurry or unclear to make a decision.

Article 9 - Comprehensive Service Terms

  • GENERAL TERMS FOR MxM

    By accessing and/or placing orders at MxM, you confirm that you are in agreement with and bound by the Terms of Service contained within this document. These terms apply to the entire website and any email or other type of communication between you and MxM.

    Under no circumstances shall MxM be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, materials on this site, even if MxM or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

    MxM will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change prices and revise our resource usage policy at any time.

  • LICENSE

    MxM grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website/app strictly in accordance with the terms of this agreement.

    These Terms of Service are a contract between you and MxM (referred to in these Terms of Service as "MxM", “MXMIFC”, “MxM Network”, “Videonet”, “WarmFire”, “MxM for Android”, "us", "we" or "our"), the provider of MxM’s websites and the services accessible from MxM’s websites (which are collectively referred to in these Terms of Service as "MxM").

    You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not use MxM. In these Terms of Service, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

  • DEFINITIONS

    For these Terms of Service:

    • Cookie: Small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
    • Company: When this policy mentions “company,” “we,” “us,” or “our,” it refers to Union Aegis, LLC, (5810 Shelby Oaks Dr, Suite B, Memphis, TN) whom is responsible for your information under these Terms of Service.
    • Country: Where MxM and the owners/founders of MxM are based, which in this case is the United States of America.
    • Device: Any internet-connected device such as a phone, tablet, computer or any other device that can be used to visit MxM and use our services.
    • Service: Refers to the overall service provided by MxM as described in the relative terms (if available) and on this platform.
    • Third Party: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
    • You: A person or entity that is registered with MxM to use our services.
    • Membership: A valid account used to authenticate, using Single Sign-On (SSO), onto -and- use all MxM services and websites and software.
  • RESTRICTIONS

    You agree not to, and you will not permit others to:

    • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website/app or make the platform available to any third party. -Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website or app. -Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of MxM or its affiliates, partners, suppliers or licensors of the website or app.
  • RETURN AND REFUND POLICY FOR MXM

    Thanks for shopping at MxM. We appreciate the fact that you want to buy merch and content using our service. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.

    Our policy: Refunds are acceptable, and will be addressed on a case-by-case basis.

    As with any shopping experience, there are Terms that apply to transactions at MxM. The main thing to remember is that by placing an order or making a purchase at MxM, you agree to the Terms of Service along with our Privacy Policy.

    If, for any reason you are not satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any issues you are going through with the product.

  • YOUR SUGGESTIONS

    Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to MxM with respect to the websites/app shall remain the sole and exclusive property of MxM.

    MxM shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

  • YOUR CONSENT

    We've updated our Terms of Service to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our websites/app, registering an account, or making a purchase, you hereby consent to our Terms of Service.

  • LINKS TO OTHER WEBSITES

    These Terms of Service apply only to our Services. Our Services may contain links to other websites not operated or controlled by MxM. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from our Services to another website, our Terms of Service are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

  • COOKIES

    MxM uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website/app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the websites/app as we would not be able to “remember” that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information (PII) in Cookies.

  • DMCA / COPYRIGHT INFRINGEMENT NOTICE

    If you are a copyright owner (or such owner’s agent) and believe any material on our website/app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

  • INDEMNIFICATION

    You agree to indemnify and hold MxM and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website/app; (b) violation of this agreement or any law or regulation; or (c) violation of any right of a third party.

  • NO WARRANTIES

    The website/app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, MxM, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website/app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, MxM provides no warranty or undertaking, and makes no representation of any kind that the website/app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

    Without limiting the foregoing, neither MxM nor any MxM provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website/app, or the information, content, and materials or products included thereon; (ii) that the website/app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website/app; or (iv) that the website/app, its servers, the content, or e-mails sent from or on behalf of MxM are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

    Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

  • INTELLECTUAL PROPERTY

    MxM’s website/app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MxM, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of MxM, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

  • PROMOTIONS

    MxM may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

    Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

  • ENFORCEABILITY AND JURISDICTION

    If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of MxM. MxM will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. MxM operates and controls the service from its offices in the United States. The service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, persons who choose to access MxM from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate MxM’s Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and MxM concerning its subject matter, and cannot be changed or modified by you. The section headings used in this agreement are for convenience only and will not be given any legal import.