PLEASE REVIEW ENTIRE TERMS OF USE.
This Terms of Use Agreement ("Terms of Use") applies to use of the MegaZega.com website located at http://www.MegaZega.com (the "Site"). The Site is the property of MegaZega.com. Before you make any purchases, you must first establish a customer account through the Site. BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.
MegaZega.com reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, MegaZega.com grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively referred to as "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to MegaZega.com, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without MegaZega.com's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and MegaZega.com reserves all rights not expressly granted hereunder. MegaZega.com expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
MEGAZEGA.COM is the registered trademark of MegaZega.com. All custom graphics, icons, logos and any service names are registered trademarks, trademarks or service marks of MegaZega.com. All other trademarks or service marks are property of their respective owners. The use of any MegaZega.com trademark or service mark without MegaZega.com's express written consent is strictly prohibited.
Certain services offered on or through the Site require you to first open an electronic account (herein referred to as “Customer Account.”) You are responsible for maintaining the confidentiality of your Customer Account information, including your password, and for all activity that occurs under your account. You agree to notify MegaZega.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MegaZega.com or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, your Customer Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Customer Account information at any time through the appropriate links provided by the Site. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that MegaZega.com may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Customer Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that MegaZega.com will not be liable to you or to any third party for termination of your access to the Site.
As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
While MegaZega.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL MEGAZEGA.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER MEGAZEGA.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
By establishing a Customer Account with us, and each time you make a purchase through our Site, you grant permission for MegaZega.com to contact you at your e-mail address.
From time to time, we may send you email notifications of product specials or promotions or general notifications of any information that we believe may be useful to you as our customer. If you would like not to receive such information, you can set your preferences to do so in your account profile by logging into your customer account.
Authorized End Users. In addition to the requirements of Section 6 of this Terms of Use, you must meet all of the following requirements to download any Digital Downloads:
Usage Rules. All downloaded software, music, images, video, artwork, text and other copyrightable materials ("Digital Downloads") are sublicensed to End Users and not sold, notwithstanding use of the terms "sell," "purchase," "order," or "buy" on the Site or this Terms of Use. Your Digital Download sublicense is nonexclusive, nontransferable, non-sublicensable and limited.
Standard Usage Rules. One purchased license authorizes you to download and install software or any other digital download material, to a single registered personal computer ("Primary Computer"). You may store a backup copy of the software on one (1) additional personal computer ("Secondary Computer".) You shall be entitled to burn (only from your Primary Computer) Digital Downloads solely for backup purposes up to two (2) times. The foregoing are collectively referred to as the "Standard Usage Rules", and together with any more restrictive usage rules that may be imposed by certain labels and licensors, the "Usage Rules".
Different Licensors May Require More Restricted Usage Rules. Unfortunately, certain labels and licensors of digital downloads may require stricter usage rules than the Standard Usage Rules. When applicable, we will make every effort to identify these more restrictive usage rules prior to your purchase of a Digital Download that is subject to any such restrictive usage rule.
You may only download, transfer, copy and use the Digital Downloads as stated in the particular Usage Rules for that Digital Download, which Usage Rules are hereby incorporated by reference. No other downloads, transfers, copies or uses of Digital Downloads are permitted. All other rights are reserved. As a condition of purchasing each Digital Download, you represent to MegaZega.com that you understand and agree to the limited uses associated with a particular Digital Download's Usage Rules.
Prohibited Uses of Digital Downloads. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads. You may not distribute or upload the Digital Downloads to the Internet. You may not create any "derivative works" by altering any of the Digital Downloads. You further agree to indemnify and hold harmless MegaZega.com for your failure to comply with this section.
Conditions to Sublicensing of Digital Downloads to You. MegaZega.com reserves the right to change at any time, without prior notice to you, the software required to download, transfer, copy and use or limit use of any of the Digital Downloads. The speed at which a Digital Download can be transferred to your registered personal computer depends in large part upon the bandwidth of the connection provided to you by your Internet Service Provider. You are responsible for all charges associated with use of your Internet Service.
Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. On the Site, we indicate the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the price indicated. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. Whenever applicable, we will also list the discounted price available to you through our Site. The discounted price reflects the difference between our price and the supplier provided price shown on our site. Because the listed price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
All requests for technical service and support should be made directly to the manufacturer of the product purchased in accordance with their terms and conditions.
You agree to indemnify and hold harmless MegaZega.com and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.
THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA AND INFORMATION ARE PROVIDED "AS IS." ALL OF MEGAZEGA.COM'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, MEGAZEGA.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE MEGAZEGA.COM SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL MEGAZEGA.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE MEGAZEGA.COM SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MEGAZEGA.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF MEGAZEGA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT MEGAZEGA.COM SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO MEGAZEGA.COM BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF MEGAZEGA.COM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
No delay or failure to take action under this Terms of Use shall constitute any waiver by MegaZega.com of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of MegaZega.com's permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of Florida without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Lee County, in the State of Florida. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. MegaZega.com may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between MegaZega.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Last modified: December 18, 2006
