Meggamagazine
Additional Terms of Use
Updated: November 8, 2017

Thank you for using Meggamagazine (“Service”). The Service is provided by Megga, Inc. (“Megga”), located at One South Main Street, Springfield, Ohio, United States.  Meggamagazine is an electronic news periodical platform designed for the sharing of original content created by Meggamagazine or used with permission from selected third parties. Meggamagazine is part of the larger Meggalife suite of products.

These terms govern your use of Meggamagazine and are in addition to the Meggalife Terms of Use (“Meggalife Terms”) reflected at www.meggalife.com and incorporated herein by reference.  These terms act as a supplement to the Meggalife Terms. In the case of a direct conflict in the provisions therein, these terms shall supersede the Meggalife Terms with respect to your use of Meggamagazine, while the Meggalife Terms shall govern your use of all other Meggalife products or services.

By accessing Meggamagazine you agree to be bound by these terms (this “Agreement”). This Agreement is subject to change at any time at the sole discretion of Megga, with or without notice, and the new terms shall become effective upon posting of an updated version of the Agreement in this location. You agree that your continued use of the Service constitutes acceptance of any changes to this Agreement. Megga may change, modify or discontinue the Service at any time at its sole discretion.

Always read all terms carefully prior to using any of our Services.

Your Meggamagazine Account

You need a Meggalife Account in order to access all features of Meggamagazine, including the ability to accrue Megga Points and participate in certain offerings.  You must be logged into this Account while using the Service in order to accrue points.  Megga is not responsible for crediting points not earned or accrued for any reason whatsoever while using the Service, including technical issues or your failure to log into your Account.

Privacy and Information Use

Megga’s Privacy Policy explains how we collect and treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that Megga can use such data in accordance with the posted Privacy Policy available at www.meggalife.com.

Proprietary Rights

As between you and us, we own, solely and exclusively, all rights, title and interest in and to all of the content on the Service, including all text, photographs, illustrations, which includes any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein unless specifically attributed to a third-party. Your use of the Service does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.

Limited License

You may access and view the content provided on the Service for your personal use and may make single copies or prints of the content for personal use only.  You may also share, link to, discuss and otherwise display the content through social media so long as you provide proper attribution for the material’s origin.

Prohibited Use

Any commercial or promotional distribution, publishing or exploitation of any content found on this Service is strictly prohibited unless you have received Megga’s express written permission or the permission of the rights holder in the case of content owned by a third-party.  Furthermore you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Service. Failure to conform with this policy may violate copyright and other laws of the United States, other countries, as well as applicable state laws and you may be subject to liability for such unauthorized use.

 

Intellectual Property

The trademarks, logos, service marks and trade names displayed on the Service or on content available through the Web Site are owned by Megga or third parties who provide content to be included on the Service. All Trademarks not owned by us that appear on Service if any, are the property of their respective owners. Your use of the Service does not grant you any rights with respect to any trade or other marks on the Service.

Public Forums

The Service may provide certain public forums, including sections for comments, forums, chat services, bulletin boards, blogs, and others.  Your conduct on said forums must be in compliance with the Meggalife Community Standards posted at www.meggalife.com.  In addition, we expect all users  to refrain from posting any content or  comments which is  unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, which constitute or encourage conduct that would constitute a criminal offense, which would give rise to civil liability or otherwise violate any local, state, national or international law, that violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, that contain a virus, spyware, or other harmful component, that contain embedded links, advertising, chain letters or pyramid schemes of any kind, or which constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including any representative of ours. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.  Violation of this policy may result in the suspension or termination of your access to the Services or of your Meggalife Account.

Right to Monitor and Sensitive Information

We reserve the right, but have no duty or obligation, to monitor all materials posted to the by users.  We are not responsible for the content posted by users. However, we reserve the right to remove any content posted by users and/or to disclose any information deemed by us to be necessary to satisfy any law, regulation or government request. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

It is important that you are careful with regard to what personal information you disclose in your comments to our public forums.  We are not responsible for any personal information posted to the Service.

Third Party Web Sites

The Service may contain links to third party web sites. We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through such sites. Links to third party websites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. Megga disclaims any liability for links (1) from another web site to this Web Site and (2) to another web site from this Web Site. Megga  cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Copyright Agent

Megga respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

 

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

FOR COPYRIGHT NOTICES ONLY

Legal Department
HUTN Group, Inc.
One Main Street

Springfield, Ohio 45502

voice: 937-323-2000
e-mail: customerservice@megga.com

Warranties and Disclaimers

MEGGA DOES NOT PROVIDE ANY EXPRESS PROMISES ABOUT THE SERVICES. MEGGA MAKES NO REPRESENTATION, PROMISE, GUARANTEE OR WARRANTY REGARDING ANY OF THE CONTENT OR FUNCTIONALITY OF THE SERVICES, FUNCTIONS OF THE SERVICES, RELIABILITY OF THE SERVICES, OR ANY OTHER REPRESENTATION.

ALL SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY.

MEGGA EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING THE SERVICES TO THE EXTENT PERMITTED BY LAW. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES THAT ARE ASSUMED IN SOME JURISDICTIONS SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT, ETC.

MEGGA IS NOT RESPONSIBLE FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES. THIS INCLUDES CLAIMS FOR LOST PROFITS, LOST DATA, FINANCIAL LOSSES, DIRECT OR INDRECT DAMAGES, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXAMPLARY DAMAGES, OR ANY OTHER TYPE OF DAMAGE ALLEGED.  IN ANY CIRCUMSTANCE, MEGGA’S TOTAL LIABILITY TO YOU IS LIMITED TO THE AMOUNT THAT MEGGA HAS BEEN PAID DIRECTLY BY YOU FOR USE OF THE SERVICES.

LIMITATION OF LIABILITY

 IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE

Termination

Our Service is always changing and being updated. We may add, suspend, or remove functionalities or features at any time. When reasonably possible we will try and provide advance notice of coming changes, but there is no guarantee we can or will do so.  We reserve the right to modify our Service at any time with or without notice.

Additionally, we may terminate a Service entirely at any time with or without notice.  Your use of Services does not place any obligation or duty upon us with respect to your use of the Service or your content stored in our Services.  Should we terminate a Service, your information stored in said Service may be lost, and we are not liable to you for any damages or causes of action allegedly or actually arising as a result of any such losses.

Miscellaneous

The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Ohio, United States of America. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in Clark County, Ohio. You agree to submit to the personal and exclusive jurisdiction of the courts located within Ohio. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.