TERMS OF USE
Mediary, Inc. (“Company,” “we”, “us” or “our”) maintains
these Terms of Service (these “Terms”) that describe the terms and conditions
applicable to our services accessible through our website, a mobile application
or any other means of delivery (the “App”) and your use of our website (the
“Site” and together with the App, the “Service”). Your use of the Service is subject at all
times to these Terms and our privacy policy (“Privacy Policy”), which is
considered a part of these Terms. Any inconsistency between these Terms and the Privacy Policy shall be resolved by the Company in its sole and absolute discretion.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, DOWNLOADING, OR USING THE SERVICE. BY ACCESSING, DOWNLOADING, OR USING THE SERVICE, YOU WILL BE BOUND BY THESE TERMS.
BY SELECTING THE “YES” OR “DOWNLOAD” OR “SUBSCRIBE” BUTTON, USING THE SITE, OR BENEFITING FROM THE SERVICE, YOU CONSENT TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THEN SELECT THE “NO” BUTTON OR DO NOT ACCESS THE SERVICE.
YOU MAY NOT USE THE SERVICE IF: (A) YOU CANNOT ENTER INTO A BINDING CONTRACT WITH COMPANY; (B) YOU ARE NOT ALLOWED TO RECEIVE PRODUCTS, INCLUDING SERVICES OR SOFTWARE, FROM THE UNITED STATES; OR (C) YOU HAVE PREVIOUSLY BEEN BANNED FROM USING THE SERVICE.
1.
THE SERVICE
(a)
General Description. Through our Service, we offer digital services that may include virtual scribing that transcribes recorded interactions into text, ambient listening, analytics, and
other functionality made available from time to time by Mediary in its sole discretion. The Service will collect User Content as a normal part of the functioning of the Service. “User Content” means any and all data, information, documentation, patient recordings, or other materials collected by the normal functioning of the Service or otherwise entered into the Service by a User.
(b)
No Medical or Professional Advice.
The Service does not include or represent the provision of medical
advice by the Company. Mediary does not
offer medical advice or diagnoses or engage in the practice of medicine or any
other professional service. Information
and materials provided to you by us through the Service are not intended to be,
and do not constitute, a substitute for professional medical advice, diagnosis
or treatment. Further, the Service does
not provide professional coding or billing support and any recommendations
should be reviewed by appropriate individuals.
Users are responsible for utilizing their own professional training and
seeking additional input as determined by each User.
(c)
Conversation Recording Consent.
The Service may include functionality to record ambient or other
conversations or interactions between a User and a third party, including a
patient and any individual in a visit or interaction with a patient, such as a
family member or caregiver. It is each
User’s sole responsibility and obligation to obtain any necessary consent from
a third party to such recording. Mediary
does not represent that it obtains any such consent nor shall Mediary have any
responsibility or obligation to contain such consent.
(d)
License to Use Service. Subject to these
Terms and the Privacy Policy, the Company grants to you a limited,
non-exclusive, non-transferable, non-sublicensable and revocable right and
license to access and use the Service.
The Company may terminate this license without notice in the event you
fail to comply with these Terms or the Privacy Policy as determined by us in
our sole discretion. Upon termination of
the license, you must immediately cease accessing and using the Service and
Mediary will terminate your Account.
(e)
Acceptance of These Terms. You affirm that you
are at least 18 years of age or older and creating the Account for use in
connection with an existing customer of Mediary. By accepting these Terms, you affirm that you
are fully able and competent to enter into and abide by all of the terms and
conditions set forth in these Terms. The
Service is not intended for use by any USer under the age of 18 and if Company
learns that an Account has been created by a User who is under the age of 18,
then Company may immediately terminate such Account.
(f)
Limitations. The license
granted to you is subject to the following limitations. You shall not nor permit any other person to:
(i) in whole or in part, (1) modify, translate or create any derivative work of
the Service, including any Company Content (defined below) or (2) copy,
photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or
otherwise attempt to derive source code, underlying ideas, algorithms,
structure, or organization of the Service; (ii) modify, alter or remove any
copyright, patent, confidentiality, trademark or other notices, labels or
legends displayed in the Service, including in any Company Content; (iii) sell,
grant a security interest in or transfer the Service or reproductions of any
Company Content or any part of either the Service or Company Content for any
purposes in any way not expressly authorized in these Terms; (iv) assign, rent,
lease, distribute or license any Company Content or any part of the Service to
others; or (v) exploit the Service, including any Company Content or any of its
parts, for any commercial purpose.
2.
IP OWNERSHIP
(a)
Company Content. The Company shall
retain exclusive right, title and interest (including all intellectual property
rights) in and to the App, the Site, all materials that are part of the App or
Site (including past, present, and future versions) (excluding User Content),
including, without limitation: art, icons, graphics, layout, text, images,
audio and/or video, designs, features, advertisements, logos, domain names,
trade names and marks, and service marks, any and all copyrightable material,
the “look and feel”, the compilation, assembly and arrangement of the materials
of the Service, and all other materials or content made available in the
Service (collectively, “Company Content”).
All Company Content is protected from unauthorized use, copying, and
dissemination by applicable copyright, trademark, patent, publicity and other
laws, rules, regulations and international treaties.
(b)
Trademarks. All words and logos
in the Service marked by the ™ or ® symbols are trademarks and service marks of
the Company. All rights are reserved by
the Company. All other trademarks and
service marks appearing in the Service are the property of their respective
owners. All rights are reserved. Use of any of our trademarks, service marks
or names as “metatags” for any purpose other than as expressly authorized in
these Terms is strictly prohibited.
(c)
No Additional Rights. Only those licenses
expressly set forth in these Terms are granted.
No other licenses are granted under these Terms, whether by implication,
estoppel, course of conduct, or otherwise.
Nothing in these Terms is intended to nor will these Terms transfer any
of the right, title, or interest (including any intellectual property right)
from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneously
held or deemed to be the owner of any such rights, you will assign, and hereby
irrevocably assign, to the Company or its licensors, as the case may be, all
such rights as of the effective date of these Terms, and will execute all
documents to implement and confirm the terms and intent of this Section or
designate the Company as your power of attorney to solely to effectuate such
assignment.
(d)
User Content. All User Content
shall be your sole and exclusive property.
You understand that when you are responsible for how you share User
Content and for all of your use of your User Content.
3.
ACCOUNT, FEES, BILLING METHODS AND
TERMINATION
(a)
Accounts.
By completing the registration process, you may establish a user account
(“Account”), obtain a user ID, become a registered user (“User”), and access
the Service. To create and/or maintain
an Account, you must provide such information as may be requested during the
registration process or requested from time to time in our sole
discretion. You must provide truthful
and accurate information during the Account registration process. As part of the Service, you may receive email
and other communications from us relating to or deriving from your use of the
Service. By disclosing your email and
other contact information during the registration process, you acknowledge and
authorize that we may send you such communications, including text messages if
you provided your cellphone number. You
will no longer receive communications contemplated by these Terms once your
Account is terminated or if you opt-out of receiving such communications in
accordance with the procedures set forth in the Privacy Policy.
You are solely responsible for all
activity on or related to your Account, your User Content, and for the security
of your computer, mobile device, and any other device that you use to access
the Service. You should not reveal your Account password to other users or
permit others to access your Account. All
acts performed using your Account (including User Content) shall be deemed to
be your acts. You shall promptly notify
the Company of any changes to your Account information or if such information
has been disclosed to a third party in violation of these Terms. You shall solely be responsible for any harm
or liability that arises from any improper third party disclosure and/or use
(including unauthorized third party use) of your Account (including User
Content). If there is a risk of your
Account (including User Content) being improperly used by a third party, you
shall promptly take all reasonable measures to limit such use, including,
without limitation by changing your password and notifying the Company. Under no circumstances shall the Company be liable
to you for any loss you incur, including from the loss of your User Content,
from your loss of any Account information (including user name, user ID or
password), unauthorized access or use of your Account and/or from harmful or
malicious code.
(b)
Fees. You may create an Account, and access and use
the Service without paying any registration or subscription fees, if the
Company enables a free offering.
However, the Company, in its sole and absolute discretion, may, from
time to time, modify, amend, or supplement the terms and billing methods
relating to fees and charges, and post those changes in the Service. Such modifications, amendments or supplements
shall be effective immediately upon posting in the Service, though we will use
reasonable efforts to try to post notice of any changes on the Site or in the
Platform. If any change is unacceptable
to you, your sole remedy is to cancel your Account and cease using the
Service. If applicable, all fees and
charges are non-refundable unless expressly provided otherwise in these Terms
or pursuant to applicable law. The
Company will not refund or issue any written receipts for any fees or charges
you pay in connection with the Service.
(c)
Equipment. You will procure,
provide and bear the expense for all equipment, software and other technologies
and data access plans necessary to access the Service, including, a personal
computer or mobile device suitable to connect with the Service and an internet
connection and/or mobile subscription.
(d)
Termination.
You can terminate your Account
and/or cease accessing and using the Service at any time by following the
procedures contained in the Service. You understand and agree that unless
otherwise expressly provided for in these Terms, terminating your Account and
ceasing access and use of the Service are your sole right and remedy with
respect to any dispute with us.
Without limiting any other remedies,
we may suspend or terminate your Account and your access to and use of the
Service (or any portion of any of those things, including any User Data and
User Content) at any time if you are, or we suspect that you are, failing to
comply with these Terms or the Privacy Policy, with or without notice to you.
We reserve the right to stop
offering and/or supporting the Service at any time for any valid commercial
reason, at which time your license to access and use the Service will
automatically be terminated without further action.
You understand and acknowledge that
we are not responsible for notifying your Sponsor or any other third party of
any termination, suspension, or cessation of your use of your Account or the
Services. You understand that your
Sponsor and any other third party may not receive any notice of such
termination, suspension or cessation and it is your sole responsibility to
provide all such notifications to your Sponsor or any other third party.
4.
CONDUCT
(a)
You are personally responsible for your access and use of
the Service and for all of your User Content and online activity in connection
with the Service. You will indemnify and
hold harmless the Company, its licensors, suppliers, partners, affiliates and
their respective employees, officers, directors and agents (collectively,
“Company Affiliates”) from all claims for liabilities, losses and expenses,
including reasonable attorneys’ fees and costs, from third parties arising from
such use, User Content and activity.
Specifically, you will comply with these Terms, all applicable laws,
rules and regulations governing the disclosure and use of third party property,
including, without limitation, any and all intellectual property rights.
Moreover, you will not engage in any of the following:
(i)
Post, transmit, promote, distribute or provide links to
illegal content;
(ii)
Harass, threaten, abuse, disparage, libel, slander,
embarrass, or engage in any other disruptive behavior involving another user;
(iii)
Transmit or facilitate distribution of content that is
harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit,
defamatory, infringing, invasive of personal privacy or publicity rights, or in
a reasonable person's view, objectionable;
(iv)
Infringe upon the intellectual property rights of the
Company or any third party;
(v)
Alter, delete or cancel any other user’s profile information
or User Content;
(vi)
Disrupt the flow communication areas within the Service with
vulgar language, abusiveness, hitting the return key repeatedly or inputting
large images so the screen goes by too fast to read, use of excessive shouting,
using ALL CAPS in an attempt to disturb other users, “spamming” or flooding or
posting repetitive text;
(vii)
Impersonate another person, indicate that you are a Company
Affiliate, or attempt to mislead users by indicating that you represent Company
or any Company Affiliate;
(viii)
Use any robot, spider, scraper, or other automated
means (other than in accordance with these Terms and any additional
terms) to access the Service for any purpose without our express
written permission or bypass measures we may use to prevent or
restrict access to the Service;
(ix)
Attempt to get a user ID, password, or other user
information, or any other private information from a user. Mediary employees will NEVER ask for your
password. DO NOT give your password or
secret answers out to anyone;
(x)
Upload any content, including User Content that you do not
own or have the right use and/or license to the Company in accordance with
these Terms;
(xi)
Engage in or promote or encourage any illegal or fraudulent
activity including hacking, cracking or distribution of counterfeit software,
or identity theft;
(xii)
Upload User Content or display URLs that contain harmful or
malicious code or corrupted data;
(xiii)
Post messages for any purpose other than personal
communication, including, without limitation, advertising, promotional
materials, chain letters, direct marketing, multi-level marketing programs and
pyramid schemes;
(xiv)
Make any commercial use of the Service;
(xv)
Improperly use support or complaint buttons or make false
reports to Company;
(xvi)
Use or distribute “auto” software programs, “macro” software
programs or other “cheat utility” software program or applications;
(xvii)
Modify, reproduce, distribute, delete or create derivative
works of the Service, Company Content or any other users’ User Content
displayed in the Service, or any component of such data or information;
(xviii)
Solicit or attempt to solicit, and post, distribute or
communicate any user’s personal information;
(xix)
Interfere with, hack into or decipher any transmissions to
or from the servers running the Service;
(xx)
Exploit any bug in the Service or in any Company product to
exploit it for commercial purposes. You
will not communicate the existence of any such bug (either directly or through
the public posting) to any other user or third party but will use reasonable
efforts to report to us;
(xxi)
Do anything that interferes with the ability of other users
to enjoy the Service or that materially increases the expense or difficulty of
Company in maintaining the Service for the enjoyment of all its users;
(xxii)
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, including, without limitation, gain
unauthorized access to any Company Content and other users’ User Content;
(xxiii)
Use the Service in violation of these Terms, the Privacy
Policy, or any applicable laws, rules or regulations, or do anything that
promotes the violation of any applicable laws, rules or regulations; or
(xxiv)
Engage in any other conduct which the Company, in its sole
and absolute discretion, deems to violate these Terms.
(b)
If you encounter another user who is violating any of the
items described in the conduct list above, please email us at info@mediary.tech.
5.
THIRD PARTY CONNECTIONS
If applicable, in using the Service,
you consent to the disclosure and use of all of your User Content and other
information collected by us to any third party component that Company
incorporates into the Service, provided that Company will have appropriate
agreements in place with such third parties, and any other third party that you
identify, subject to Company’s ability to reasonably interface with such third
party. You are solely responsible for
all User Content and acknowledge that Company cannot and does not oversee how
the Sponsor or any other third party that you authorize uses your User Content
or interacts with you. You are solely
responsible for any act or omission that you take in response to any
interaction with a third party.
6.
CHANGES TO TERMS
The Company may, from time to time,
modify, amend, or supplement these Terms and post the updated Terms in the App
and/or on the Site, provided that the Company will use reasonable efforts to
post notice of the changes. Such
modifications or supplements shall be effective immediately upon posting in the
App or the Site, whether or not notice has been posted. You are responsible for
periodically checking the Service for changes to the Terms. You can determine when the Terms were last
revised by referring to the “Effective Date” legend at the bottom of these
Terms. If you do not agree to be bound
by (or cannot comply with) the Terms as modified or supplemented, you should
stop using the Service. Your continued
access and use of the Service constitutes your agreement to be bound by the
Terms as modified.
7.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF
THE APP, THE SITE, AND INTERNET ARE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND
DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES
OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY
FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE SERVICE IS AT YOUR
OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER OR MOBILE DEVICE, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES THAT
RESULT (DIRECTLY OR INDIRECTLY) FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE
EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL COMPANY’S OR
ANY OF COMPANY'S AFFILIATE’S LIABILITY TO YOU IN RESPECT TO ANY ACT OR FAILURE
TO ACT IN RELATION TO THE SERVICE EXCEED THE HIGHER OF US$100 OR THE AMOUNT
PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE. FURTHERMORE, IN NO CASE SHALL THE COMPANY OR
THE COMPANY AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE,
GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR
ACCESS AND USE OF THE SERVICE, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY,
PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE FOREGOING EXCLUSION OR THE LIMITATIONS OF LIABILITY FOR
CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES'
LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE
COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR
SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.
SPECIFICALLY, WE ARE NO LIABLE TO YOU FOR ANY DAMAGE CAUSED BY THE
ACTIONS OF ANY MEDICAL PROFESSIONAL OR ANY OTHER THIRD PARTY.
9.
LINKS
For the convenience of our users,
the Service may provide certain links to other applications, services and
websites provided by third parties. The
Company is not responsible for the content of any other applications, services
or websites linked to or from the Service.
If you follow any such links, you leave the Service and you do so
entirely at your own risk. The Company
provides links from the Service solely as a convenience to you and in no way
should this be interpreted as a referral or endorsement of any content, sponsor
or owner of any other applications, services and/or websites. THE COMPANY DISCLAIMS ALL WARRANTIES,
RESPONSIBILITIES, LIABILITIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS
TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY,
OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED APPLICATIONS,
SERVICES OR WEBSITES, AND FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY
SUCH THIRD PARTIES.
10.
GOVERNING LAW
The laws of the State of Delaware
and the United States of America, without regard to conflicts of law
provisions, will apply to all matters arising out of or in connection with the
Service and your access and use of the Service.
By accessing and using the Service, you submit and consent to the exclusive
jurisdiction of state and federal courts located in [county, state][1] with respect to any dispute or
cause of action (whether contractual or non-contractual) arising out of or in
connection with these Terms, the Privacy Policy, and/or your access and use of
the Service. In any action or proceeding
to enforce the rights under these Terms, the prevailing party shall be entitled
to recover their reasonable attorneys’ fees and costs.
11.
INJUNCTIVE RELIEF
You acknowledge that the rights
granted and obligations made under these Terms to the Company are of a unique
and irreplaceable nature, the loss of which shall irreparably harm the Company
and cannot be replaced by monetary damages alone. To account for the inability
of monetary damages to make the Company whole, the Company shall be entitled to
injunctive or other equitable relief (without the obligations of posting any
bond or surety) in the event of any breach or anticipatory breach of by
you. To the fullest extent permitted
under applicable law, you irrevocably waive all rights to seek injunctive or
other equitable relief and agree to limit your claims to claims for money
damages (if any).
12.
VOID WHERE PROHIBITED
The information provided through the
Service is not intended for distribution to or use by any person in any
jurisdiction or country where such distribution or use would be contrary to law
or regulation or that would subject the Company to any registration requirement
within such jurisdiction or country. The
Company makes no representation or warranty that any material in the Service is
lawful in every jurisdiction from which such content can be accessed, or is
available for use in all jurisdictions.
THE SERVICE IS INTENDED FOR USE BY PERSONS AGE 18 OR OLDER. BY ACCESSING AND USING THE SERVICE, YOU
REPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER, AND THAT YOU AGREE TO AND TO
ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THE PRIVACY POLICY AND
ADDITIONAL TERMS. EXCEPT AS OTHERWISE
STATED IN THESE TERMS, IF YOU ARE UNDER THE AGE OF 18, THE COMPANY MAY
IMMEDIATELY (WITHOUT NOTICE) TERMINATE THE LICENSES GRANTED UNDER THESE TERMS
AND CANCEL YOUR ACCOUNT.
13.
PRIVACY POLICY
The Company is committed to respecting
your privacy and the confidentiality of your User Content. The Privacy Policy sets out additional terms
on how the Company may collect, use, share and store your User Content and
other information. If you object to your
User Content or other information being used in the way set out in the Privacy
Policy, you should not access or use the Service.
14.
RESTRICTIONS
The Service may be subject to
international rules that govern the export of software. You shall comply with
all applicable international and national laws that apply to the Service as
well as end-user, end-use and destination restrictions issued by national
governments. The Company is making the
Service available to you on the condition that you certify that the use of the
Service is not otherwise in violation of any applicable export control and
sanctions regulations.
15.
DIGITAL MILLENNIUM COPYRIGHT ACT
POLICY
We respect everyone’s intellectual
property rights and do not want to misuse anyone else’s intellectual
property. If you have a good faith
belief that your intellectual property rights or the intellectual property
rights of a third party have been violated and you would like us to remove,
edit, or disable that content, please contact us and provide the following
required information: (i) a description of the copyrighted work or other
materials that you claim are being infringed, (ii) a description of the work or
materials that you claim are infringing and needs to be removed, including
where that work or material can be found, (iii) your address, telephone number,
and email address so our Copyright Agent can contact you about the complaint,
and (iv) a signed statement that the information you submitted is accurate,
that you have a good faith belief that use of the identified work or material
is not authorized by the copyright owner or its agents, and affirmation under
the penalty of perjury that you are the copyright owner or authorized to act on
behalf of the copyright owner.
We will work to respond to each
properly submitted complaint as quickly as we can, which response will include
removing or disabling access to the work or material, if infringing. Please understand that you may be subject to
penalties if you submit a false claim.
Please submit your by email to
Mediary’s Copyright Agent using the following contact information:
Mediary, Inc.
info@mediary.tech
16.
MISCELLANEOUS
If any provision of these Terms or
the Privacy Policy is held to be invalid or unenforceable, that provision will
be deemed to be restated to reflect as nearly as possible the original
intention in accordance with applicable law, and the remainder of the Terms
and/or Privacy Policy will remain in full force and effect. These Terms and the Privacy Policy constitute
the entire agreement between us with respect to the subject matter of these
Terms and Privacy Policy and supersede and replace all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms
will be effective only if in writing and signed by the Company. The failure of either party to assert any
right under these Terms shall not be considered a waiver of that party's right
and the Terms will remain in full force and effect. In addition, these Terms and the Privacy
Policy, including the Company’s enforcement of those policies, are not intended
to confer, and do not confer, any rights or remedies upon any third party. You are not allowed to assign these Terms or
any rights under these Terms. The
Company is allowed at its sole discretion to assign these Terms or any rights
under these Terms to any third party, without giving prior notice to you. Our licensors may be entitled to enforce
these Terms. There are no other third
party beneficiaries to these Terms.
If you have any questions,
complaints, or comments regarding these Terms, or have other questions or
suggestions about the Service, please email us at info@mediary.tech.
Effective Date: May 16, 2024