MASSIVE IMPRESSIONS ONLINE MARKETING – GENERAL DIGITAL PRODUCTION END USER LICENSE AGREEMENT

THIS IS AN AGREEMENT MADE BY AND BETWEEN YOU AND MASSIVE IMPRESSIONS ONLINE MARKETING CONCERNING YOUR USE OF MATERIALS  OR DATA AUTHORED. PRODUCED, DESIGNED, PUBLISHED, CONFIGURED, AND/OR DELIVERED  BY MASSIVE IMPRESSIONS (THE “PRODUCTION”). PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE PRODUCTION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, THE TERMS OF SERVICE AND THE PRIVACY POLICY (EACH INCORPORATED HEREIN BY REFERENCE), AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PRODUCTION, AND YOU MUST UNINSTALL THE PRODUCTION FROM ANY DEVICE OWNED OR CONTROLLED BY YOU.

  1. License. MASSIVE IMPRESSIONS ONLINE MARKETING grants you a restricted, non-exclusive, non-transferable, revocable license to use the Production, in a manner restricted by the scope of the worded agreements between client and MASSIVE IMPRESSIONS ONLINE MARKETING.
  2. Restrictions. You may not use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sub-license, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display or otherwise grant rights to the Production, or any copy thereof, in whole or in part, except as expressly permitted under this Agreement. You may not reverse engineer, disassemble, decompile or translate the Production, or otherwise attempt to derive the source code, structural framework or the data records of the Production, or authorize any third party to do any of the foregoing. You may not loan, resell or distribute the Production, or any part thereof, in any way except under terms authored and approved by MASSIVE IMPRESSIONS ONLINE MARKETING.
  3. Eligibility to Use. You must be eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to license the use of the Production. By using the Production, you hereby affirm and warrant that you comply with these age requirements and can lawfully comply with this Agreement. Anyone under the age of eighteen (18) or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the Production in violation of this Agreement will be banned from using the Production and any MASSIVE IMPRESSIONS ONLINE MARKETING services and may be the subject of additional action from MASSIVE IMPRESSIONS ONLINE MARKETING.
  4. Ownership. MASSIVE IMPRESSIONS ONLINE MARKETING or its licensors and suppliers own all rights, title and interest in the Production (including, but not limited, to all copyrights, patents, patent applications, trade secrets, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other materials incorporated within the Production), and the Production is protected by U.S. and international copyright and other intellectual property laws and treaties. The Production is licensed, not sold, to you for use only under the terms and conditions of this Agreement. MASSIVE IMPRESSIONS ONLINE MARKETING reserves all rights not expressly granted to you.
  5. Personal Information. By using the Production, you agree that MASSIVE IMPRESSIONS ONLINE MARKETING may collect, use and disclose certain information about you pursuant to MASSIVE IMPRESSIONS ONLINE MARKETING’s Privacy Policy at https://www.massiveimpressions.com/privacy-policy/
  6. NO WARRANTY. THE PRODUCTION IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS.” MASSIVE IMPRESSIONS ONLINE MARKETING AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE PRODUCTION AND ITS CONTENTS OR THAT YOUR USE OF THE PRODUCTION WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE PRODUCTION IS ENTIRELY AT YOUR OWN RISK.
  7. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER MASSIVE IMPRESSIONS ONLINE MARKETING NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES ATTRIBUTABLE TO OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE PRODUCTION, EVEN IF MASSIVE IMPRESSIONS ONLINE MARKETING, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL MASSIVE IMPRESSIONS ONLINE MARKETING’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO MASSIVE IMPRESSIONS ONLINE MARKETING FOR LICENSING OF THE PRODUCTION DURING ANY ONE MONTH.
  8. Indemnification. You agree to indemnify and hold MASSIVE IMPRESSIONS ONLINE MARKETING and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Production; (b) violation of this Agreement or any law or regulation; or (c) violation of any rights of another party.
  9. Termination. This Agreement is effective until terminated by you or MASSIVE IMPRESSIONS ONLINE MARKETING. Your rights under this Agreement shall terminate automatically without notice from MASSIVE IMPRESSIONS ONLINE MARKETING if you violate any of the terms of this Agreement. Upon termination of this Agreement, all license rights granted to you shall immediately terminate, but all other provisions of this Agreement shall survive termination.
  10. Dealings with Advertisers. Your dealings with, or participation in promotions of, advertisers defined or managed through the Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MASSIVE IMPRESSIONS ONLINE MARKETING shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings.
  11. Links. The Software or third parties may provide links to other websites or resources. Because MASSIVE IMPRESSIONS ONLINE MARKETING has no control over such sites and resources, you acknowledge and agree that MASSIVE IMPRESSIONS ONLINE MARKETING is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources.
  12. Changes to Software. MASSIVE IMPRESSIONS ONLINE MARKETING reserves the right to modify or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.
  13. Copyright Infringement Notice. MASSIVE IMPRESSIONS ONLINE MARKETING, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim attributable to the Software. If you believe that your work has been made available through the Software in a way that constitutes copyright infringement, please provide MASSIVE IMPRESSIONS ONLINE MARKETING’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Software; (d) your address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MASSIVE IMPRESSIONS ONLINE MARKETING’s Agent for Notice of Copyright Claims can be reached as follows:Agent for Notice of Copyright Claims:
    E-mail: copyrights@massiveimpressions.com
  1. Legal Compliance. You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
  2. General. (a) This Agreement and your relationship with MASSIVE IMPRESSIONS ONLINE MARKETING under the Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. You agree to submit to the exclusive jurisdiction of the courts located within the County of Palm Beach, State of Florida to resolve any legal matter arising from this Agreement or your use of the Production, and you agree not to contest venue in any such action or to assert the doctrine of forum non conveniens or the like. (b) If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its lack of enforceability. Such provision shall be ineffective to the extent of such invalidity or lack of enforceability only, without in any way affecting the remaining parts of this Agreement. (c) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You may not assign any of your rights or obligations under this agreement to another party without the express written consent of MASSIVE IMPRESSIONS ONLINE MARKETING. (d) The failure of either party to require strict performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. (f) This Agreement constitutes the complete and exclusive statement of the agreement between MASSIVE IMPRESSIONS ONLINE MARKETING and you with respect to the subject matter hereof and supersedes any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.

June, 2014

Mi360 Content Marketing Management System by Massive Impressions
END USER LICENSE AGREEMENT

THIS IS AN AGREEMENT MADE BY AND BETWEEN YOU AND MASSIVE IMPRESSIONS ONLINE MARKETING CONCERNING YOUR USE OF THE Mi360 APPLICATION (THE “SOFTWARE”). PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, THE TERMS OF SERVICE AT HTTP://WWW.MASSIVEIMPRESSIONS.COM/terms-of-service/ AND THE PRIVACY POLICY AT HTTP://WWW.MASSIVEIMPRESSIONS.COM/privacy-policy/ (EACH INCORPORATED HEREIN BY REFERENCE), AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SOFTWARE, AND YOU MUST UNINSTALL THE SOFTWARE FROM ANY DEVICE OWNED OR CONTROLLED BY YOU.

  1. License. Subject to your compliance in all material respects with the terms and conditions of this Agreement, MASSIVE IMPRESSIONS ONLINE MARKETING grants you a restricted, non-exclusive, non-transferable, revocable license to install and use the Software solely for lawful purposes.
  2. Restrictions. You may not use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sub-license, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display or otherwise grant rights to the Software, or any copy thereof, in whole or in part, except as expressly permitted under this Agreement. You may not reverse engineer, disassemble, decompile or translate the Software, or otherwise attempt to derive the source code, structural framework or the data records of the Software, or authorize any third party to do any of the foregoing. You may not loan, resell or distribute the Software, or any part thereof, in any way.
  3. Eligibility to Use. You must be eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to use the Software. By using the Software, you hereby affirm and warrant that you comply with these age requirements and can lawfully comply with this Agreement. Anyone under the age of eighteen (18) or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the Software in violation of this Agreement will be banned from using the Software and any MASSIVE IMPRESSIONS ONLINE MARKETING services and may be the subject of additional action from MASSIVE IMPRESSIONS ONLINE MARKETING.
  4. Ownership. MASSIVE IMPRESSIONS ONLINE MARKETING or its licensors and suppliers own all rights, title and interest in the Software (including, but not limited, to all copyrights, patents, patent applications, trade secrets, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other materials incorporated within the Software), and the Software is protected by U.S. and international copyright and other intellectual property laws and treaties. The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement. MASSIVE IMPRESSIONS ONLINE MARKETING reserves all rights not expressly granted to you.
  5. Suggestions. If you elect to provide or make available to MASSIVE IMPRESSIONS ONLINE MARKETING any suggestions, comments, ideas, improvements or other feedback concerning the Software (collectively, “Suggestions”), MASSIVE IMPRESSIONS ONLINE MARKETING shall be free to use, disclose, reproduce, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you.
  6. Personal Information. By using the Software, you agree that MASSIVE IMPRESSIONS ONLINE MARKETING may collect, use and disclose certain information about you pursuant to MASSIVE IMPRESSIONS ONLINE MARKETING’s Privacy Policy at https://www.massiveimpressions.com/privacy-policy/.
  7. NO WARRANTY. THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS.” MASSIVE IMPRESSIONS ONLINE MARKETING AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE SOFTWARE AND ITS CONTENTS OR THAT YOUR USE OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
  8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER MASSIVE IMPRESSIONS ONLINE MARKETING NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES ATTRIBUTABLE TO OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MASSIVE IMPRESSIONS ONLINE MARKETING, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL MASSIVE IMPRESSIONS ONLINE MARKETING’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO MASSIVE IMPRESSIONS ONLINE MARKETING FOR USE OF THE SOFTWARE AND THE ASSOCIATED SERVICES DURING ANY ONE MONTH.
  9. Indemnification. You agree to indemnify and hold MASSIVE IMPRESSIONS ONLINE MARKETING and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or regulation; or (c) violation of any rights of another party.
  10. Termination. This Agreement is effective until terminated by you or MASSIVE IMPRESSIONS ONLINE MARKETING. Your rights under this Agreement shall terminate automatically without notice from MASSIVE IMPRESSIONS ONLINE MARKETING if you violate any of the terms of this Agreement. Upon termination of this Agreement, all license rights granted to you shall immediately terminate, but all other provisions of this Agreement shall survive termination.
  11. Dealings with Advertisers. Your dealings with, or participation in promotions of, advertisers found on or through the Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MASSIVE IMPRESSIONS ONLINE MARKETING shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings.
  12. Links. The Software or third parties may provide links to other websites or resources. Because MASSIVE IMPRESSIONS ONLINE MARKETING has no control over such sites and resources, you acknowledge and agree that MASSIVE IMPRESSIONS ONLINE MARKETING is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources.
  13. Changes to Software. MASSIVE IMPRESSIONS ONLINE MARKETING reserves the right to modify or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.
  14. Copyright Infringement Notice. If you believe that your work has been made available through the Software in a way that constitutes copyright infringement, please provide MASSIVE IMPRESSIONS ONLINE MARKETING’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Software; (d) your address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MASSIVE IMPRESSIONS ONLINE MARKETING’s Agent for Notice of Copyright Claims can be reached as follows:Agent for Notice of Copyright Claims
    E-mail: legal@massiveimpressions.com

For more efficient and expeditious processing of your notice, MASSIVE IMPRESSIONS ONLINE MARKETING encourages you to submit it via email.

  1. Legal Compliance. You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
  2. General. (a) This Agreement and your relationship with MASSIVE IMPRESSIONS ONLINE MARKETING under the Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. You agree to submit to the exclusive jurisdiction of the courts located within the County of Palm Beach, State of Florida to resolve any legal matter arising from this Agreement or your use of the Software, and you agree not to contest venue in any such action or to assert the doctrine of forum non conveniens or the like. (b) If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its lack of enforceability. Such provision shall be ineffective to the extent of such invalidity or lack of enforceability only, without in any way affecting the remaining parts of this Agreement. (c) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You may not assign any of your rights or obligations under this agreement to another party without the express written consent of MASSIVE IMPRESSIONS ONLINE MARKETING. (d) The failure of either party to require strict performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. (e) This Agreement constitutes the complete and exclusive statement of the agreement between MASSIVE IMPRESSIONS ONLINE MARKETING and you with respect to the subject matter hereof and supersedes any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.

June, 2014

Mi360 WordPress Plugin, Joomla Plugin, Drupal Plugin and jquery script
END USER LICENSE AGREEMENT

THIS IS AN AGREEMENT MADE BY AND BETWEEN YOU AND MASSIVE IMPRESSIONS ONLINE MARKETING CONCERNING YOUR USE OF THE Mi360 PLUGIN OR CODE (THE “SOFTWARE”). PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, THE TERMS OF SERVICE AND THE PRIVACY POLICY (EACH INCORPORATED HEREIN BY REFERENCE), AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SOFTWARE, AND YOU MUST UNINSTALL THE SOFTWARE FROM ANY DEVICE OWNED OR CONTROLLED BY YOU.

  1. License. Subject to your compliance in all material respects with the terms and conditions of this Agreement, MASSIVE IMPRESSIONS ONLINE MARKETING grants you a restricted, non-exclusive, non-transferable, revocable license to install and use the Software, in the form of a plugin or code to be integrated into online publications. This license does not supersede, update, modify or make defunct any licenses involved with software products that are integrated with Mi360 code or plugins.
  2. Restrictions. You may not use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display or otherwise grant rights to the Software, or any copy thereof, in whole or in part, except as expressly permitted under this Agreement. You may not reverse engineer, disassemble, decompile or translate the Software, or otherwise attempt to derive the source code, structural framework or the data records of the Software, or authorize any third party to do any of the foregoing. You may not loan, resell or distribute the Software, or any part thereof, in any way.
  3. Eligibility to Use. You must be eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to use the Software. By using the Software, you hereby affirm and warrant that you comply with these age requirements and can lawfully comply with this Agreement. Anyone under the age of eighteen (18) or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the Software in violation of this Agreement will be banned from using the Software and any MASSIVE IMPRESSIONS ONLINE MARKETING services and may be the subject of additional action from MASSIVE IMPRESSIONS ONLINE MARKETING.
  4. Ownership. MASSIVE IMPRESSIONS ONLINE MARKETING or its licensors and suppliers own all rights, title and interest in the Software (including, but not limited, to all copyrights, patents, patent applications, trade secrets, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other materials incorporated within the Software), and the Software is protected by U.S. and international copyright and other intellectual property laws and treaties. The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement. MASSIVE IMPRESSIONS ONLINE MARKETING reserves all rights not expressly granted to you.
  5. Suggestions. If you elect to provide or make available to MASSIVE IMPRESSIONS ONLINE MARKETING any suggestions, comments, ideas, improvements or other feedback concerning the Software (collectively, “Suggestions”), MASSIVE IMPRESSIONS ONLINE MARKETING shall be free to use, disclose, reproduce, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you.
  6. Personal Information. By using the Software, you agree that MASSIVE IMPRESSIONS ONLINE MARKETING may collect, use and disclose certain information about you pursuant to MASSIVE IMPRESSIONS ONLINE MARKETING’s Privacy Policy.
  7. Support Services. Contact MASSIVE IMPRESSIONS ONLINE MARKETING to determine if any support services are available. Microsoft, your phone manufacturer and your wireless carrier are not responsible for providing support services for the Software.
  8. NO WARRANTY. THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS.” MASSIVE IMPRESSIONS ONLINE MARKETING, ON BEHALF OF ITSELF, INTERNET SERVICE PROVIDERS, SERVER/CLOUD HOSTING COMPANIES, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOFTWARE IS ACCESSED, AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS AND SUPPLIERS (COLLECTIVELY, “COVERED PARTIES”): (A) CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE SOFTWARE AND ITS CONTENTS OR THAT YOUR USE OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS; AND (B) EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
  9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES ATTRIBUTABLE TO OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF COVERED PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL MASSIVE IMPRESSIONS ONLINE MARKETING’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO MASSIVE IMPRESSIONS ONLINE MARKETING FOR USE OF THE SOFTWARE AND THE ASSOCIATED SERVICES DURING ANY ONE MONTH. THIS LIMITATION APPLIES TO: (A) ANYTHING RELATED TO THE SOFTWARE AND SERVICES OR CONTENT MADE AVAILABLE THROUGH THE SOFTWARE; AND (B) CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. IT ALSO APPLIES EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE SOFTWARE DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.
  10. Indemnification. You agree to indemnify and hold MASSIVE IMPRESSIONS ONLINE MARKETING and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or regulation; or (c) violation of any rights of another party.
  11. Termination. This Agreement is effective until terminated by you or MASSIVE IMPRESSIONS ONLINE MARKETING. Your rights under this Agreement shall terminate automatically without notice from MASSIVE IMPRESSIONS ONLINE MARKETING if you violate any of the terms of this Agreement. Upon termination of this Agreement, all license rights granted to you shall immediately terminate, but all other provisions of this Agreement shall survive termination.
  12. Links. The Software or third parties may provide links to other websites or resources. Because MASSIVE IMPRESSIONS ONLINE MARKETING has no control over such sites and resources, you acknowledge and agree that MASSIVE IMPRESSIONS ONLINE MARKETING is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources.
  13. Changes to Software. MASSIVE IMPRESSIONS ONLINE MARKETING reserves the right to modify or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.
  14. Copyright Infringement Notice. If you believe that your work has been made available through the Software in a way that constitutes copyright infringement, please provide MASSIVE IMPRESSIONS ONLINE MARKETING’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Software; (d) your address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MASSIVE IMPRESSIONS ONLINE MARKETING’s Agent for Notice of Copyright Claims can be reached as follows:Agent for Notice of Copyright Claims:
    E-mail: legal@massiveimpressions.com

For more efficient and expeditious processing of your notice, MASSIVE IMPRESSIONS ONLINE MARKETING encourages you to submit it via email.

  1. Legal Compliance. You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
  2. General. (a) This Agreement and your relationship with MASSIVE IMPRESSIONS ONLINE MARKETING under the Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. You agree to submit to the exclusive jurisdiction of the courts located within the County of Palm Beach, State of Florida to resolve any legal matter arising from this Agreement or your use of the Software, and you agree not to contest venue in any such action or to assert the doctrine of forum non conveniens or the like. (b) If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability. Such provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of this Agreement. (c) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You may not assign any of your rights or obligations under this agreement to another party without the express written consent of MASSIVE IMPRESSIONS ONLINE MARKETING. (d) The failure of either party to require strict performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. (e) This Agreement constitutes the complete and exclusive statement of the agreement between MASSIVE IMPRESSIONS ONLINE MARKETING and you with respect to the subject matter hereof and supersedes any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.