By using the Megaphone.com web site ("Service"), or any services of Kajabi LLC ("Megaphone"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
Megaphone reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://pages.megaph.com/site/terms
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.
A. Account Terms
- You must be 13 years or older to use this Service
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Megaphone cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have login access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. Payment, Refunds, Upgrading and Downgrading Terms
- All plans must enter a valid credit card.
- All fees and charges incurred in connection with your Megaphone account will be billed to the credit card designated during the registration process for the Account or subsequently designated by you to Megaphone. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your card details by clicking your email address in the top right of the admin, then "Account Settings".
- All monthly plans will continue and renew automatically, unless properly cancelled (see Section C #1)
- If you initially sign up for a plan which includes a free or discounted trial period, and you don’t cancel that account before the stated trial period expires, you will be billed monthly for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
- An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. Aside from the initial 30-day money-back guarantee after you initially sign up, there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing(s). This credit will not be refunded.
- Downgrading your Service may cause the loss of features or capacity of your Account. Megaphone does not accept any liability for such loss.
C. Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “Account Settings” link then the “Subscription” tab. Then clicking the "Cancel my account" lets you cancel your account.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Megaphone, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Megaphone service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Megaphone reserves the right to refuse service to anyone for any reason at any time.
D. Modifications to the Service and Prices
- Megaphone reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Megaphone site (megaphoneapp.com) or the Service itself.
- Megaphone shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
E. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and Content uploaded (including but not limited to videos, audio recordings, file attachments, and written text) remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
- Megaphone does not pre-screen Content, but Megaphone has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend Megaphone against any claim, demand, suit or proceeding made or brought against Megaphone by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Megaphone for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Megaphone in connection with any such claim, demand, suit or proceeding; provided, that Megaphone (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Megaphone of all liability); and (c) provides to You all reasonable assistance, at Your expense.
F. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders. Support is only available in English.
- You understand that Megaphone uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Megaphone, or any other Megaphone service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Megaphone.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Megaphone customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
- Megaphone does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Megaphone shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Megaphone has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
- The failure of Megaphone to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Megaphone and govern your use of the Service, superseding any prior agreements between you and Megaphone (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
- Questions about the Terms of Service should be sent to email@example.com.
Accuracy and Availability of Information
The Site contains database information and other content compiled by Megaphone. While we use commercially reasonable efforts to provide accurate information, Megaphone gives no warranty as to the accuracy of the database and other content on the Site. Megaphone reserves the right to withdraw or delete information or content from the Site at any time.
Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Megaphone except in a signed, non-electronic writing signed by an authorized representative of Megaphone.