Last updated: May 18, 2011
Welcome to the Blog on Megabloks.com (the “Site”)
All Blog services provided by Mega are intended for use by individuals who are at least 18 years of age and who are resident in Canada or the United States.
PLEASE READ THESE TERMS OF SERVICE (the “Terms”) CAREFULLY BEFORE REGISTERING WITH THE SITE AND/OR ACCESSING ANY OF OUR SERVICES. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT MADE BY AND BETWEEN YOU AND MEGA BRANDS INC. (“Mega”).
BY ACCESSING OR USING ANY PART OF THE SITE AND/OR ITS SERVICES (together, the “Service”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS, REGISTER WITH OR USE THE SERVICE.
Mega reserves the right, at our discretion, to change these Terms at any time without notification. Changes to these Terms are effective immediately upon posting on the Site. By accessing or using the Service at any time following the posting of such changes, you will be deemed to have agreed to such changes. The date of the most recent changes to these Terms is noted above.
You agree that any such information provided to Mega upon registering for the Service or otherwise will be truthful, accurate, current and complete. You also agree to keep any information in your profile up to date throughout your use of the Service.
During your registration process on the Site, you will be asked to provide a password for your Account. Your password should never be shared with anyone for any reason whatsoever. It is imperative that you be the sole user of your Account since you are ultimately responsible for your Account and for anything that is posted from such Account. Should any circumstance arise in which you believe that the security of your Account has been compromised, contact Mega customer service immediately at the Request Center. You may be held liable for any damages that result from the use of your Account by another person.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs and other materials, and the copyrights, trade-marks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Mega or its affiliates. The Site and the Contents are intended solely for personal, non-commercial use.
RESTRICTIONS ON USE
By using the Site, you agree that you will NOT under any circumstances:
- (a) engage (or attempt to engage) in any act that Mega deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms or the Site Rules and Guidelines.
- (b) post or make available (or attempt to post or make available) in any manner any information that is abusive, threatening, obscene, vulgar, hateful, inaccurate, profane, defamatory, libelous or racially, sexually, religiously, or otherwise objectionable or offensive;
- (c) “stalk”, harass, threaten, verbally abuse, flame, or defraud other users on the Site or any Mega employee (or attempt to do so);
- (d) create (or attempt to create) an Account or access the Service if you are under the age of 18, have more than one Account at any given time, create an Account using a false identity or information, create an Account on behalf of someone other than yourself or impersonate any other person, including without limitation any Mega employee (or attempt to do so);
- (e) use the Service to engage (or attempt to engage) in any illegal conduct or to do anything that promotes or otherwise results in the violation of any applicable law or regulation;
- (f) make (or attempt to make) improper use of Mega’s Site support or consumer relations services, including by submitting false abuse reports;
- (g) use (or attempt to use) your Account for any commercial purpose or any other purpose for personal promotion or gain (whether financial or otherwise), without the prior written consent of Mega;
- (h) make available (or attempt to make available) through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity; Legal notice.
Collection and Publication of Personal Information
You agree that you will NOT, under any circumstances:
- (i) solicit (or attempt to solicit) personal information from other users of the Service;
- (j) collect, harvest or post (or attempt to collect, harvest or post) anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
- (k) upload or transmit (or attempt to upload or transmit), without the prior written consent of Mega, any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
Unauthorized Use or Connection to the Service
You agree that you will NOT, under any circumstances:
- (l) interfere (or attempt to interfere) with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms
- (m) gain (or attempt to gain) unauthorized access to the Service, accounts registered to others or to the computers servers or networks connected to the Service by any means other than the user interface provided by Mega;
- (n) use (or attempt to use) any method or process to access, intercept, “mine”, harvest, manipulate or otherwise collect information from or through the Service or that is in transit to or from the Service, including without limitation any software that reads streams of network traffic used by the Service to store any proprietary information;
- (o) intercept, examine or otherwise observe (or attempt to intercept, examine or observe) any proprietary communications protocol used by or in connection with the Service, whether through the use of a network analyzer, packet sniffer or other device;
- (p) disrupt or overburden (or attempt to disrupt or overburden): (1) any computer or server used to offer or support the Service; or (2) the enjoyment of the Service by any other person;
- (q) transmit unauthorized communications through the Service, including junk mail, chain letters, spam or any other materials that promote malware, spyware or any other downloadable items;
ADDITIONAL RULES AND GUIDELINES
When using the Site, in addition to fully complying with the Terms, your conduct must also be in full compliance with the Site Rules and Guidelines, as well as with any other notices, announcements or instructions posted on the Site from time to time.
CONSEQUENCES FOR SITE VIOLATION
Mega reserves the right to take any action (“Action”) that it deems appropriate in the event that these Terms and/or the Site Rules and Guidelines are breached (or if Mega suspects such a breach), including without limitation the suspension, termination, modification, deletion of any Account, access to the Service or any portion thereof. Any such Action may result in the loss of your user name, as well as any benefits and or privileges associated with your use of the Service, and Mega is under no obligation to compensate you for any such losses or results. In the event that any such Action is taken, the user in question may submit an inquiry to Mega at the Request Center. within thirty (30) days of such Action, unless otherwise noted.
TERMINATION OF ACCOUNT AND/OR SERVICES
Mega, in its entire discretion, reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. Without limiting the generality of the foregoing, Mega may terminate an Account which is inactive for a material period of time, as determined by Mega in its sole discretion.
Mega shall not be required to provide any benefits or other compensation to any user in connection with the termination of an Account and/or all or any part of the Service.
You may also cancel your Account at any time by following the instructions given on the Site. Visit our unsubscribe page and either log in or supply the email used to sign up. Click confirm to complete the unsubscription process.
“User Content” means any communications, images, sounds, and all the material, data and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text.
You hereby grant Mega a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (1) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display any User Content (in whole or in part) for any purpose and/or incorporate any User Content (in whole or in part) in any form, media or technology now known or developed in the future, and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (1) waive all moral rights in all or any part of your User Content in favour of Mega and (2) acknowledge and agree that Mega is not responsible for any loss, damage or corruption that may occur to all or any part of your User Content.
Mega reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
RESPONSIBILITY FOR YOUR OWN CONDUCT AND USER CONTENT
You are solely responsible for your conduct (including your interactions with other users of the Service) and the User Content that you post on, through or in connection with the Service and that you provide to others. Mega assumes no responsibility for the conduct of any user of the Service (including any disputes that may arise between any users of the Service) or for any User Content posted on the Site. For greater certainty, the views and opinions expressed by any user on any blog in connection with the Service are not necessarily endorsed or shared by Mega.
User Content submitted or provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms and Mega assumes no responsibility or liability for this material.
If you become aware of misuse of the Service by any person, please use any “Report Abuse” link provided or contact Mega at the Request Center.
Mega may, in its entire discretion, reject, refuse to post or delete any User Content, including but not limited to User Content that in the sole judgment of Mega violates the Terms.
Mega assumes no responsibility for monitoring the Service for inappropriate conduct or User Content. However, Mega may from time to time, at its entire discretion, monitor and/or record your interaction with the Service or communications when you are using the Service. By agreeing to be bound by these Terms, you hereby provide your irrevocable consent to such monitoring and recording. By engaging in such monitoring, Mega assumes no obligation to refuse to post, modify or remove any inappropriate User Content.
You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content.
Mega cannot guarantee that other users will not use the ideas and information that you share on the Site. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Mega shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
Further, you acknowledge and understand that the user ID (“Identifier”) number, user name and profile picture, if any, that you use in connection with the Service will be publicly available on the Internet and that search engines may index such information.
Upon registering with the Site, you will automatically be enrolled to receive our e-mail newsletters and any other Site-related e-mails that Mega may send from time to time about our products, services, contests and promotions. You may opt out of receiving such e-mails at any time by simply and supplying your e-mail address.
LINKS TO OTHER WEBSITES
The Site may contain links to other websites that are not under the control of Mega or its affiliates. Neither Mega nor any of its affiliates has any responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Site’s users.
DISCLAIMER OF WARRANTIES
Usage of your Account signifies that you understand and agree that your use of the Service is at your sole risk and is provided on an “as is” basis without warranties or conditions of any kind, either express or implied, including but not limited to warranties of accuracy, title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period the shorter of thirty days from first use or the minimum period required).
Without limiting the foregoing, neither Mega nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, the “Mega Parties”) warrant that the Service will meet your needs or expectations, be timely, error-free, or uninterrupted, that defects will be corrected, or that the servers that make the Site available are free of viruses or other harmful components.
MEGA EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. MEGA AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
LIMITATIONS OF LIABILITY
You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability set forth in the Terms apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or extra-contractual claims (including negligence) and that the Mega Parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the Service.
You further specifically acknowledge that the Mega Parties are not liable, and you agree not to seek to hold the Mega Parties liable, for the conduct of third parties, including other users of the Service and operators of external sites, and that the risk of the Service and external sites and of injury from the foregoing rests entirely with you.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in the section may not apply to you.
You agree to indemnify, save, and hold Mega and the Mega Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of the Terms, or any breach of the representations, warranties and covenants made by you herein. Mega reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Mega, and you agree to cooperate with Mega’s defense of any such claims. Mega will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree that the provisions in the paragraphs entitled “Disclaimer of Warranties”, “Limitations of Liability” and “Indemnification” will survive any termination of your Account or the Service.