These terms govern the relationship between you and MCCI and serve as an agreement between us, governing the conditions by which you may access and use the Services.

Your use of the Services is subject to these Terms, our Privacy Policy, and any other policy we may choose to introduce at any time. By accessing or using the Services, you continue to show your acceptance of these Terms and your agreement to comply with them. The policies may be updated at any time and together with these Terms, form the Agreement of your use of the Services. Please read these terms and all policies carefully to ensure you understand and comply with the policies. If you do not understand the policies and do not comply or accept the policies, you may not user the Services.

1. Your Use of the Services

Any content on the Services may include videos, audio (including music and sounds), graphics, photos, text, branding (including logos, service marks, trademarks and tradenames), interactive features, software metrics and other materials provided by MCCI or a third party (collectively, the “Content”).

We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our services. You should use your own virus protection software.

2. Age Requirements

You must be at least 13 years of age, or over the legal age of online consent in your jurisdiction. If you are under the age of 18 or the age legally considered an adult in your jurisdiction and over the age of online consent, you must have your parent or guardian’s permission to use the Services and they must read this policy and the privacy policy and provide agreement to both.

3. Businesses

If you are using the Services on behalf of a company or organisation, then (a) “you” and “your” includes you and the business entity, (b) you represent and warrant that you are an authorized representative of the business entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business entity is legally and financially responsible for your access or use of the Services as well as the access or use of the Services by others affiliated with your business or entity, including any employees, agents, consultants, contractors or affiliates.

4. Access

To make a purchase through our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information and agree to maintain and promptly update your information as it changes, to keep it current and complete.

These Services are not available in every country or jurisdiction and MCCI reserves the right to restrict access to the Services based on your jurisdiction of residence.

If you reside in the United States of America, Brazil, India, Indonesia, United Arab Emirates or Mexico, please see the Supplemental Jurisdiction Eligibility Terms further down in this section.

Account

The opening of accounts are the responsibility of the user and all actions attributable to an account on the platform are the sole responsibility of the account holder. Account holders are not permitted to allow other users access to their account for any reason. Account types or categories may be subject to change and revision at the sole discretion of MCCI without notice.

Passwords

You are responsible for the safety and security of your password:

• Choose a strong, unique password
• Don’t share your password with anyone
• Avoid using the same password elsewhere
• Update your password regularly

Our Privacy Policy explains in detail how your personal information is used, retained, and protected.

You may access and use the Services as long as you are in compliance with all policies and any applicable laws. You may not:

i. Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Services or Content except (a) as expressly authorised by us; or (b) with prior written permission from us, and if applicable, the respective rights holders of the Content;
ii. Collect or harvest any information that might identify a person unless permitted in writing by that person;
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent your or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
iv. Imitate or harass another, make hateful comments or remarks, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
v. Use the Services in any manner that may create a conflict of interest or undermine the purposes of the Services, including trading reviews with other users or writing or solicitating fake reviews, likes or approvals;vi. Access the Services using any automated means (such as bots, botnets or scrapers) except (a) I the case of public search engines, or (b) with our prior written permission;
vii. Upload, transmit, distribute, store or otherwise make available in any way:
a. files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
b. unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other prohibited form of solicitation;
c. private information belonging to you or anyone else;
d. material which does or may infringe on any copyright, trade marks or other intellectual property or privacy rights of any other person or entity;
e. material which is defamatory or any person, obscene, offensive, pornographic, hateful or inflammatory;
f. material that would constitute, encourage or provide instructions for any criminal offense, dangerous activities or self-harm;
g. material that is deliberately designed to provoke or antagonize people, especially trolling and bullying , or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains threats of any kind, including threats of physical violence; any material that is racists or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender disability or sexuality;
h. commentary, answers, responses, opinions, analysis or recommendations that you are not licensed or otherwise qualified to provide; or
i. material that in MCCI’s sole judgement is objectionable or which restricts or inhibits any person from using the Services, or which may expose MCCI, the Services or its users to any harm or liability of any kind;
viii. Market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitations;
ix. Use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
x. Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Services, or attempt to do so, including any and all security-related features or features that (a) prevent or restrict the copying or other use of Content, or (b) limit the use of the Services or Content;
xi. Misuse any reporting, flagging, complaint, dispute or appeals process, including making any groundless submissions;
xii. Cause or encourage any inaccurate measurements of genuine user engagement with the Services, including by paying people or providing them with any incentives (financial or otherwise) to increase views, votes, or otherwise manipulate metrics in any manner;
xiii. Run or attempt to run any contests on or through the Services without our express written permission; orxiv. User the Services to (a) sell any advertising, sponsorships, or promotions placed on, around or within the Services or Content; or (b) sell advertising, sponsorships, or promotions on any page within the Services or Content, without our express written permission.
xv. Download, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any purpose whatsoever without our prior written consent. We reserve all rights not expressly granted.

Using the Services does not give you any ownership of or rights to or over any aspect of the Services, including any Content posted on the Services.

5. Specific Jurisdictional Terms

Brazil – If you are using the Services in Brazil, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms, the following will prevail:

If you are at least 16 years of age, but under the age of 18, you can only use and register an account with the assistance of your parent or legal guardian and you represent and warrant that you have obtained the assistance of your parent or legal guardian in using the Services and agreeing to these Terms. If you are at least 13 years of age, but under the age of 16, you can only use and register an account with the representation of your parent or legal guardian and must obtain consent from your parent or legal guardian for your use of the Services and acceptance of these Terms.

India – If you are using the Services in India, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms, the following will prevail:

By agreeing and accepting these Terms and by accessing or using our Services, you explicitly acknowledge that you have read and understood the Terms and provide your consent to be bound by these Terms, as well as our Privacy Policy

You may not use the Services to upload, transmit, distribute, store, or otherwise make available in any way (including for the purposes of creating and/or streaming content) any Content that:

• Is hateful, personally harmful to anyone, obscene, pornographic, paedophilic;
• Is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;
• Harms minors in any way;
• Deceives or misleads the addressee about the origin of any message or communicates any information which is grossly offensive or menacing in nature; or
• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favour of us and all of its group companies, affiliates and successors in title and interest, whether existing or in the future.

In the event you are required to indemnify us pursuant to these Terms or in relation to any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.

Indonesia – If you are using the Services in Indonesia, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms, the following will prevail:

By accepting these Terms and using the Services, you represent that you are at least 21 years of age or married or not under guardianship. If you are under 21 years of age and you are not married, your account must be opened under the name of your parent or legal guardian. Further, you represent and warrant that you have obtained consent from your parent or legal guardian unless you indicate otherwise. By consenting, your parent or legal guardian is/are agreeing to take responsibility for: (i) all your actions in connection with your access to the Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with these Terms; and (iv) ensuring that any participation by you in the Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections. If you do not have consent from your parent or legal guardian or your parent or legal guardian is not willing to open the account under their name, you must cease accessing the Services immediately.

No limitation of liability set out in these Terms shall be applicable regarding any loss or damage incurred as a result of your willful misconduct or negligence.

The Services are only for people 14 years of age or older in Indonesia and anyone under the age of 21, unmarried or under guardianship is required to have their parent or legal guardian open the account under their name.

These Terms have been prepared in English only. In the event of any inconsistency or different interpretation between these Terms in English and any translation to Indonesian, the English text of the Terms shall prevail, and any relevant Indonesian translation of the Terms shall be deemed to be automatically amended to conform with and to make the relevant Indonesian translation consistent with the English text of these Terms. Each Party acknowledges that it has read these Terms and understands its content and that these Terms have been entered into freely and without duress. You acknowledge that you fully understand the language and the content of these Terms, and you agree that you will not use the provisions under the Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem or any of its implementing regulations to invalidate these Terms.

United Arab Emirates (“UAE”) – If you are using the Services in UAE, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms, the following will prevail:

By agreeing to these Terms and accessing or using our Services, you acknowledge that you have read and understood these Terms and provide your consent to be bound by these Terms, the Privacy Policy… and all other policies, agreements referred to herein.

Mexico – If you are using the Services in Mexico, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms, the following will prevail:

If you are under 18 years of age, you may only use the Services with the consent of your parent or legal guardian. You represent and warrant that your parent or legal guardian has reviewed, discussed these Terms with you and has agreed to these Terms on your behalf.

6. Intellectual Property Rights

We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe on any copyrights or other intellectual property rights.

7. Termination or Suspension of Accounts

You may stop using the Services at any time. To delete your account, email us at
[email protected] with you account information and a request to delete your account.

We reserve the right to suspend or terminate your account or access to all or part of our Services, at our sole discretion, if you (a) breach these Terms or any other policy; (b) we are required to do so in order to comply with a legal obligation or requirement or a court order; or (c) we judge your conduct has or could create liability or harm to us or our affiliates, another user or a third party.

In the event we suspend or terminate your account or access to all or part of our Services, we will notify you with the reason for the termination or suspension unless we reasonably believe that to do so would (a) violate the law or the direction of a legal enforcement authority; (b) compromise an investigation; (c) compromise the integrity, operation or security of the Services; or (d) cause harm to us or our affiliates, another user or a third party.

If you believe the termination or suspension has been made in error, you may appeal the suspension or termination by emailing us at [email protected].

8. Developments and Changes to the Services

We are constantly updating and making changes to the Services. This may include modification or changes to all or parts of the Services, including the additions and removals of features and functionalities, providing new offerings or Services and discontinuing old ones. We also have the right to altar or discontinue the Services, or any parts of it, in order to:

• Make performance or security improvements
• Make changes in order to comply with laws
• Prevent illegal activities or abuse of our Services, systems and platform
• At our sole discretion for any reason or purpose

Changes we make may affect all or only some users. If we are required to make any material changes that negatively affect your use of the Services, we will try to provide you with reasonable advance notice, however, we are not required to do so. In the event we are required to deal with urgent situations, such as preventing abuse, responding to legal requirements or addressing security or operability issues, no advanced notice will be provided.

9. Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY LAW, THE SERVICE ARE PROVIDED “AS IS” AND MCCI AND OUR AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSTANTS AND AGENTS DO NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE, INCLUDING WARRANTIES ABOUT THE SPECIFIC FEATURES OF THE SERVICES OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS;

10. Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, MCCI AND OUR AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), REVENUES, BUSINESS OPPORTUNITIES, GOODWILL OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

i. ERRORS, MISTAKES OR INACCURACIIES OF THE SERVICES;
ii. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES;
iii. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES;
iv. ANY INTERRUPTION OR CESSATION OF THE SERVICES;
v. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY;
vi. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

NO CONDITION, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE TO YOU.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.

MCCI AND THEIR AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES ARE LIMITED TO THE TOTAL AMOUNT OF PURCHASES YOU HAVE MADE FROM US IN THE LAST 12 MONTHS PRIOR TO THE DATE OF YOUR NOTICE OF CLAIM TO US.

WE ONLY PROVIDE OUR SERVICES FOR PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOS OF PROFIT, LOSS OF BUSIENSS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSIENSS OPPORTUNITY.

WE WILL NOT BE LIABLE FOR ANY DEFECTIVE DIGITAL CONTENT THAT WE HAVE BEEN SUPPLED WITH THAT DAMAGES ANY DEVICE OR DIGITAL CONTENT BELONGING TO YOU.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVIES, INCLUDING ANY TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE MCCI AND OUR AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AN NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless, MCCI, its affiliates, parents and subsidiaries and each of their respective officers, directors, employees, consultants, advisors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; or, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the agreement of these Terms and your use of the Services.

12. Third Party Links

The Services may contain links to third-party websites and online services that are not owned or controlled by us. We have no control over and assume no responsibility for such websites and online services. Be aware when you leave our Services and we suggest that you read the terms of use and privacy policies of each third-party website or online services that you visit.

13. Changes to These Terms

We may change these Terms at any time and at our sole discretion to (i) reflect changes to our Services or how we do business (e.g. adding new products or removing old ones), (ii) for legal, regulatory or security reasons, or (iii) to prevent harm or abuse towards us or any user.

If we materially change these Terms, we will provide you with reasonable notice of the change(s) in order to provide you with the opportunity to review the change(s), except (a) when we launch a new product or feature, or (b) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree with any changes made to these Terms, you should discontinue your use of the Services. Any continued use of the Services after changes made to these Terms constitutes your acceptance of the changes and the entire Terms of Use.

14. Severance

If it turns out that any item in these Terms is not enforceable for any reason, this will not affect any other items within these Terms.

15. No Waiver

If you fail to comply with these Terms and we do not take immediate action to insist upon or enforce any provision of these Terms, this does not meant that we are giving up any rights that we may have and may choose to take action in the future, and shall not be construed as a waiver of any provision or right.

16. Interpretation

In these Terms, “include” or “including” means “including but not limited to” and any examples we have provided are for illustrative purposes.

17. Governing Law

All claims arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the substantive the laws of the State of Delaware and any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by the courts, both state and federal. You and MCCI consent to personal jurisdiction in those courts.

18. Entire Agreement

These Terms and all other policies, including the Privacy Policy, constitute the whole legal agreement between you and MCCI and govern your use of the Services.

These Terms of Use are effective as of July 8th, 2024.