Terms of Service
Last updated: July 21st 2023
Welcome to https://mediaplace.io/, a website (referred to as the "Site") operated by Maesto LLC (referred to as the "Company").
WHO WE ARE AND HOW TO REACH US
https://mediaplace.io/ is a website operated by Maesto LLC ("We"), a company located in 10620 Treena St. Suite 230, San Diego, California 92131, USA.
To contact us, please open a ticket at https://support.mediaplace.io.
Terms and Conditions
Please carefully review these Terms of Service. By accessing or using the Site, you indicate your agreement to be bound by these Terms (referred to collectively as the "Terms").
Our Privacy Notice, which explains how we process the personal data we collect from you or that you provide to us.
Our Affiliate Policy, which may apply if you choose to become an affiliate of ours.
We may modify these terms from time to time. Whenever you intend to use our Site, please review these terms to ensure that you understand the current terms and conditions. If you do not agree to these Terms, you may not access or use the Site.
If you are a consumer, which means you use the software for purposes that are outside of your trade, business, or profession ("Consumer"), you may still use the Software for commercial purposes. Specific provisions reserved for Consumers do not apply in this case. These Terms are not intended to limit or deprive you of your statutory consumer rights.
About the Software
The Software refers to a media organizer program ("Software"). More information about it can be found on the Site. By ordering the Software, you are bound by the License. The license is an integral part of the Agreement and these Terms.
We may modify these Terms from time to time. On this page we will always report the latest modification. The notification will indicate the effective date of the changes. You have the right to terminate the Agreement in writing or by email within 14 days after we publish the changes. If you do not terminate the Agreement, it will be assumed that you have accepted the changes.
All information provided when placing an order must be accurate. If you are given an email, password, or any other information as part of our security procedures, you must treat it as confidential and not disclose it to any third party. We reserve the right to disable or delete any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any provisions of these Terms. If you become aware that someone else knows your user identification code or password, please notify us immediately at support(at)mediaplace.io.
The Site contains product specifications ("License Option") and price details. Once you have chosen your License Option, you can proceed to order the Software. The Agreement is finalized in English. Although we will archive the Agreement, it won't be accessible to you due to technical reasons. The fees displayed on the Site include value-added tax and any applicable charges in the relevant territory. These fees are shown throughout the order process and are valid as long as they are visible on the Site. To place an order, you need to fill out the order form on the Site, which includes information about your License Option and payment method. Before submitting the order, you have the option to review and modify the provided data. By confirming the order through the designated button, the Agreement is concluded. You are responsible for the costs associated with using remote communication methods for placing the order.
The Software will be delivered electronically, and you can proceed with the download after making the payment.
Based on your License Option, we will provide you with the agreed-upon updates. Additionally, we will supply updates necessary to ensure the Software is defect-free. If your license has a specific duration, these updates will be provided free of charge until the expiration date of your license. If you wish to use a newly released version of the Software, an additional fee may apply.
To access the Software and other services, you must pay a fee. Currently, this fee is collected through PayPal (subject to their legal terms) or Stripe (our "Billing Service Provider"), which has its own legal terms.
Intellectual Property Rights
You acknowledge and agree that the Software, along with its associated copyrights, patent rights, trademarks, trade secrets, and other intellectual property rights (excluding licensed Audio Files, FFmpeg, Lame, webp, libopenh264, fonts, and other mentioned or used Third-Party Software and open source components), are solely owned by us. Furthermore, you recognize and accept that the source and object code of the Software, as well as its format, directories, queries, algorithms, structure, and organization, constitute our intellectual property. Our proprietary and confidential information, along with that of our affiliates, licensors, and suppliers, also falls under our intellectual property rights. We retain all rights and ownership of our product trademarks, names, and logos. You are not authorized to use our trademarks in any form of advertising, publicity, or other manner without our prior written consent, which we may withhold for any reason. We are the owner or licensee of all intellectual property rights pertaining to our Site and the material published on it. These works are protected by copyright laws and treaties worldwide. All rights are reserved. Commercial use of any content from our site requires a license obtained from us or our licensors.
Monitoring and Compliance
While we are not obligated to monitor or oversee access to or use of the Software, we reserve the right to do so to ensure the Software's proper operation, compliance with these Terms, and adherence to applicable laws and legal requirements. We hold the right, but are not obliged, to remove or disable access to the Software at any time and without notice if we determine, at our sole discretion, that you have violated these Terms. We also have the right to investigate violations of these Terms and may consult and cooperate with law enforcement authorities in prosecuting users who break the law.
Withdrawal from the Agreement (Money-Back Guarantee)
You have the option to withdraw from the Agreement within 30 days from the payment of the license fee, without providing any reason. To withdraw from the Agreement, please contact us. After the withdrawal, we will refund the license fee, and you will no longer be able to use the Software. We reserve the right to modify the Company's fees related to the monthly/annual subscriptions. In the event of fee changes, we will notify you through the Site or by email at least 14 days before the new fees take effect. Your continued use of the Service after the fee change becomes effective signifies your agreement to pay the revised amount.
Limitation of Liability
To the maximum extent permitted by applicable law, we are not liable for any lost profits, revenue, sales, data, or costs of procuring substitute software, property damage, personal injury, interruption of business, loss of business information, or any special, direct, indirect, incidental, economic, cover, punitive, special, or consequential damages arising from the use of or inability to use the Software, even if we have been advised of the possibility of such damages. Some countries and jurisdictions do not allow the exclusion of liability but may permit liability to be limited. In such cases, our liability, along with that of our employees, licensors, and affiliates, shall be limited to the amount you paid for the license.
We do not provide any warranty for the Software. However, your use of the Software may be covered by statutory warranties against defects as per applicable law. These warranties may entitle you to have the Software repaired or replaced free of charge, including necessary updates. Nothing in these Terms limits or excludes your statutory warranty rights and claims.
User-Generated Content (Not Approved by Us)
The Site may contain information and materials uploaded by other users, including comments sections and forums. Please note that such information and materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values. You may contribute text, images, videos, and other materials, including third-party content ("User-Generated Content"), which you share using the Site. We are not responsible for any public display or misuse of your User-Generated Content. We do not pre-screen or monitor all User-Generated Content, but we may, at our discretion or through the technology we employ, monitor and/or record your interactions with the Site. Rules apply to any material you contribute to our Site, including images, logos, text, videos, audio used for creating an animation, and any interactive service associated with our Site. You must comply with the following standards both in spirit and letter. These standards apply to all User-Generated Content:
Accuracy: Information stating facts must be accurate.
Genuineness: Opinions must be genuinely held.
Compliance: User-Generated Content must comply with applicable laws in the UK and any country from which it is posted.
User-Generated Content must not:
Defamation: Contain material that defames any person.
Offensiveness: Include material that is obscene, offensive, hateful, or inflammatory.
Infringement: Infringe on any copyright, database right, or trademark of any other person.
Deception: Be likely to deceive any person.
Illegal Activity: Promote any illegal activity.
Threats and Abuse: Be threatening, abusive, or invasive of another person's privacy, or cause annoyance, inconvenience, or needless anxiety.
The Agreement remains in effect for the duration specified in your License Option. We may terminate the Agreement immediately upon notice if you breach the Terms. However, we will first provide reasonable prior warning, requesting you to cease the breach and remedy any consequences resulting from it. Termination will only occur if you fail to comply with the warning. We may terminate the Agreement and the License for any reason with a 14-day notice period. The notice period commences after we send an email to you containing the termination notice. Mandatory rights to terminate for cause under applicable law remain unaffected. Upon termination, we may delete your account.
The Agreement is governed by the laws of the United States of America, regardless of your location, without regard to its conflict of law principles. If you are a consumer, the choice of governing law stated above will not affect the protections afforded to you by provisions that cannot be waived by agreement.
By agreeing to these Terms, you consent to the exclusive jurisdiction of the courts located in the United States of America and waive any objections to jurisdiction, venue, or inconvenient forum. If you are a consumer, the choice of jurisdiction mentioned above does not apply to you, and the forum for any disputes between you and us shall instead be determined by applicable law. As a consumer, you have the right to seek out-of-court dispute resolution provided by an organization in accordance with the laws of your country.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERSEDING ANY PRIOR ORAL OR WRITTEN PROPOSALS OR AGREEMENTS, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.