Meridix Legal Department

Here you will find the various legal agreements of the Meridix Network.

1.  Terms of Service Agreement (TOS)
2.  Meridix Broadcast Producer End User License Agreement (EULA)
3.  Meridix Privacy Policy


Effective March 12, 2007

1. ACCEPTANCE OF TERMS 

Meridix Creative, Inc. ("MERIDIX") provides live event data systems, software, and service to you through the Meridix Broadcast Producer, Meridix Broadcast Network, Meridix Everywhere System, and other properties subject to the following Terms of Service Agreement ("TOS"), which may be updated by MERIDIX from time to time. In the event that the TOS changes, you can review the most current version of the TOS at any time at: http://www.meridix.com/legal.  In addition, when using particular MERIDIX services, you and MERIDIX shall be subject to any posted guidelines or rules applicable to those specific services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. MERIDIX may also offer other services that are governed by different Terms of Service agreements.

2. DESCRIPTION OF SERVICE

MERIDIX currently provides live event data systems for sports teams, event producers, educational institutions, businesses, and broadcasters through the Meridix Broadcast Producer and Meridix Everywhere System, allowing these institutions access to a worldwide network of live event data, as well as allowing internet users around the world to view these events with technologies and methods including access to audio, video, text, and other types of disseminations, through the MERIDIX network of software and properties (the "Service"). You also understand and agree that the Service may from time to time include advertisements and that these advertisements are necessary for MERIDIX to provide the Service. You also understand and agree that the service may include certain communications from MERIDIX, such as service announcements, administrative messages, and notifications of updates, and that these communications are considered part of MERIDIX membership and you will NOT be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new versions of the Meridix Broadcast Producer, Meridix Everywhere System, or new MERIDIX properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that MERIDIX assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications. You are responsible for obtaining reliable access to the Service and you acknowledge that access may involve third party fees (such as Internet service fees or airtime charges). You are entirely responsible for those fees, including those fees associated with the display or delivery of content through the Service. You must provide, and are responsible for, all equipment necessary to access the Service. In addition, user acknowledges unless otherwise stated by MERIDIX, events produced and disseminated under the Service with the Meridix Broadcast Producer or Meridix Everywhere System could be viewed by anyone, anywhere.

3. CHARGES AND BILLING

The default Service is billed one time per month, except for cases where discounted terms are received for long-term contracts, and the period is measured from the date you purchase your subscription.  Rates for the 1-month plan may vary, while rates for long-term contracts are locked in for the duration of each particular contract. You may obtain all information on current rates and surcharges for using the Service by going to http://www.meridix.com/golive. By using the Service, user agrees to the following billing policies:

(a) For users on normal 1-month billing plan: MERIDIX will bill the user the current 1-month service rate in full at the start of each thirty-day billing period. We will charge your credit card the then-current 1-month service rate at the beginning of each thirty-day billing cycle. Unless you notify MERIDIX otherwise, your subscription will automatically renew for additional thirty-day periods at the current 1-month rate on the monthly anniversary of your subscription purchase date. No fractional month credits or refunds will be issued, except for service outages experienced by MERIDIX.  After the first thirty-day billing period, MERIDIX will continue to renew your subscription and charge your credit card the current 1-month rate until you cancel, which you may do at any time. Once you cancel your subscription, your access will be terminated at the end of the thirty-day billing cycle in which you submit your cancellation request.  All content, settings, files, and other data related to the account will then be deleted.  During each billing period, you will also be charged the then-current rate for any additional video charges, archiving storage, excess listeners, or other fees as determined by MERIDIX systems.

(b) For users on a discounted 6-month billing plan: MERIDIX will bill the user the current 6-month service rate in full at the start of each 6-month billing period. We will charge your credit card the then current 6-month service rate at the beginning of each 6-month billing cycle. Unless you notify MERIDIX otherwise, your subscription will automatically renew for additional 6-month periods at the current 6-month rate on the anniversary of your subscription purchase date. You may NOT cancel service within the first 3 months of your contract, and no fractional credits will be issued under any circumstances. After the first 3 months of your contract, you may request to cancel your subscription. However, the months of use on your account will be converted to the then current 1-month service rate. In addition, your access will be terminated at the end of the thirty-day billing cycle in which you submit your cancellation request. Thus you will be refunded your full payment to us EXCLUDING your total months of use at the current 1-month service rate. 
For example, if you cancel your account 4 months and 9 days into your 6-month contract, your account will be charged for 5 total months of access at the non-discounted 1-month rate, and the remainder, if any, will be refunded. After the first 6 months of your billing period, MERIDIX will continue to renew your subscription and charge your credit card the current 6-month rate until you cancel. 

(c) For users on discounted 1-year billing plan: MERIDIX will bill the user the current 1-year service rate in full at the start of each 1-year billing period. We will charge your credit card the then current 1-year service rate at the beginning of each 1-year billing cycle. Unless you notify MERIDIX otherwise, your subscription will automatically renew for additional 1-year periods at the 
current 1-year rate on the anniversary of your subscription purchase date. You may NOT cancel service within the first 6 months of your contract, and no fractional credits will be issued under any circumstances. After the first 6 months of your contract, you may request to cancel your subscription. However, the months of use on your account will be converted to the then current 1-month service rate. In addition, your access will be terminated at the end of the thirty-day billing cycle in which you submit your cancellation request. Thus you will be refunded your full payment to us EXCLUDING your total months of use at the current 1-month service rate. 
For example, if you cancel your account 9 months and 5 days into your 1-year contract, your account will be charged for 10 months of access at the non-discounted 1-month rate, and the remainder, if any, will be refunded. After the first 1-year billing period, MERIDIX will continue to renew your subscription and charge your credit card the current 1-year rate until you cancel. 

You are responsible for the full payment for use of the Service. You may use a major credit card, check, transfer, or other payment types (subject to MERIDIX approval) in order to submit payment for the Service. If you choose to use your credit card to pay for your use of the Service, you hereby authorize us to charge your credit card to pay your fees and store card information for automatic renewals. If you have selected a MERIDIX subscription that renews automatically, we will renew it automatically and we will charge your credit card for the price of a then-current subscription to the Service. If you do not wish to use a credit card to pay for the Service, please contact us through our Customer Support system and other arrangements may be made.

You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. Such fees do not include any sales, use, value-added, personal property, or other governmental tax or levy imposed on goods or services billed to the user. You are responsible for any such taxes. You will also be responsible for charges for any additional products or services that you purchase that are offered for sale through the Service. With some credit cards, be aware that you may also be responsible for paying amounts billed to your credit card by an unauthorized user (stolen cards, etc.), even if your credit card company does not cover such costs. Consult your credit card issuer agreement for more information.

If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon MERIDIX demand. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this TOS to determine your rights and liabilities as a cardholder. 

If MERIDIX does not receive the full amount of your Service balance within thirty (30) days of the invoice date, we reserve the right to immediately cancel any activity on the user's account, while any outstanding balances remain due and payable. Member shall be liable for all attorney and collection fees arising from MERIDIX's efforts to collect any unpaid balance of your account(s). You agree to be billed for and to pay any outstanding balance in the event of cancellation or termination of your MERIDIX account. Unless you notify MERIDIX of any discrepancies within ninety (90) days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release MERIDIX from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to MERIDIX within ninety (90) days of its publication.

MERIDIX RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR ONLINE AREAS, CONTENT, OR SERVICES PROVIDED BY MERIDIX OR ITS AFFILIATES, EFFECTIVE IMMEDIATELY AFTER AN ONLINE POSTING ON http://www.meridix.com or http://www.meridix.com/golive. MERIDIX MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH ELECTRONIC NOTIFICATION OR E-MAIL TO YOUR PRIMARY MERIDIX ACCOUNT CONTACT EMAIL, OR THROUGH THE U.S. MAIL TO THE PRIMARY MERIDIX ACCOUNT CONTACT. If any such change is unacceptable to you, you may terminate your membership as provided in CHARGES AND BILLING sections 3(a), 3(b), or 3(c) above. Your continued use of the Service following the effective date shall constitute your acceptance of ALL such changes. Your membership fees are payable in advance. 

4. YOUR REGISTRATION OBLIGATIONS 

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MERIDIX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MERIDIX has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). MERIDIX is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 5 below) are appropriate for your child.

5. MERIDIX PRIVACY POLICY 

Registration data and certain other information about you is handled with the utmost care and is subject to our Meridix Privacy Policy. For more information, see our full privacy policy at http://www.meridix.com/privacy.htm, or if you came from our Meridix Email services, then see the MERIDIX Email privacy policy at http://www.everyone.net/main/html/p_policy.html.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY 

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MERIDIX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MERIDIX cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. MEMBER CONDUCT 

You understand that all information, event information, data, text, software, music, sound, photographs, graphics, video, messages or other materials you or MERIDIX transfers through the Meridix Broadcast Producer, Meridix Broadcast Network, Meridix Everywhere System, or its network of properties ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or persons from which such Content originated. All event information or Content is provided by the specified organization or individuals and/or associated organizations or individuals and is provided "AS-IS", and MERIDIX assumes no responsibility for the accuracy, integrity, timeliness, deletion, mis-delivery or failure of any Content. This means that you, and not MERIDIX, are entirely responsible for all Content that you stream, submit, upload, post, email, transmit or otherwise make available via the Service. MERIDIX does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MERIDIX be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content streamed, submitted, posted, emailed, transmitted or otherwise made available via the Service.

You agree to NOT use the Service to:

stream, submit, upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

stream, submit, upload, post, email, transmit or otherwise make available any adult Content;

harm minors in any way;

impersonate any person or entity, including, but not limited to, an organization official, a MERIDIX official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

stream, submit, upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

stream, submit, upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

stream, submit, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are specifically designated for such purposes;

stream, submit, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

stream, submit, disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

"stalk" or otherwise harass another; or collect or store personal data about other users.

You acknowledge that MERIDIX may pre-screen Content, and that MERIDIX and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or delete any Content that is available via the Service. Without limiting the foregoing, MERIDIX and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MERIDIX or submitted to MERIDIX. 

You acknowledge, consent and agree that MERIDIX may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MERIDIX, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

MERIDIX does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant MERIDIX the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to photos, graphics, audio or video you submit or make available for inclusion on a publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you elect to remove or MERIDIX removes such Content from the Service.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the MERIDIX network of properties that are intended by MERIDIX to be available to the general public. By way of example, publicly accessible areas of the Service would include The Meridix Center and portions of the Meridix Broadcast Producer, Meridix Broadcast Network, and Meridix Everywhere System, that are open to both members and visitors. Meridix Creative, Inc. does not guarantee or verify the accuracy of any event information provided. However, publicly accessible areas of the Service would not include portions of the Service that are limited to members, MERIDIX services intended for private communication such as the account manager, or areas off of the MERIDIX network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by MERIDIX.

10. INDEMNITY 

You agree to indemnify and hold MERIDIX, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you see, hear, stream, submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, copyright violations, your violation of the TOS, or your violation of any rights of another.

11. NO RESALE OF SERVICE 

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without express written consent of MERIDIX.

12. GENERAL PRACTICES REGARDING USE AND STORAGE 

In order to maintain the quality, integrity, and safety of the Service, you acknowledge that MERIDIX may establish general practices and limits concerning use of the Service, including without limitation the maximum number of concurrent listeners, the maximum number of concurrent events per account, amount of uploaded Content retained by the Service, the maximum amount of data that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MERIDIX's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MERIDIX has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You further acknowledge that MERIDIX reserves the right to modify these general practices and limits from time to time.

13. MODIFICATIONS TO SERVICE 

MERIDIX 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, provided that the user's account is credited any outstanding balances of which the Service was rendered to the member, and provided that this is done in accordance with the rest of this TOS. You agree that MERIDIX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. TERMINATION 

You agree that MERIDIX may, under certain circumstances and without prior notice, immediately terminate your MERIDIX account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems. Termination of your MERIDIX account may include(a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in MERIDIX's sole discretion and that MERIDIX shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

15. DEALINGS WITH THIRD PARTIES 

Your correspondence or business dealings with, or participation in promotions of, advertisers or links to outside third parties found on or through the Service, 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 an advertiser or third party. You agree that MERIDIX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

16. LINKS 

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MERIDIX has no control over such sites and resources, you acknowledge and agree that MERIDIX 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, or other materials on or available from such sites or resources. You further acknowledge and agree that MERIDIX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, 
goods or services available on or through any such site or resource.

17. MERIDIX'S PROPRIETARY RIGHTS 

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MERIDIX or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. MERIDIX grants you a non-exclusive right and license to use the object code of its Software on a single computer, and your account is portable to any computer running the Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by MERIDIX for use in accessing the Service.

18. DISCLAIMER OF WARRANTIES 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MERIDIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MERIDIX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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 SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MERIDIX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

19. LIMITATION OF LIABILITY 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MERIDIX SHALL NOT BE LIABLE TO YOU 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 MERIDIX 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; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

User acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, MERIDIX has a policy providing for termination of Services to account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL MERIDIX BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

20. EXCLUSIONS AND LIMITATIONS 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS 

The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes, including or concerning companies, stock quotes, investments or securities. MERIDIX and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

22. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

23. NOTICE 

MERIDIX may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings within the Service.

24. TRADEMARK INFORMATION 

(C) 2007 Meridix Creative, Inc.  Meridix is a registered trademark of Meridix Creative, Inc.  Meridix Creative, the Meridix globe, blue gradient logo, "Meridix Broadcast Producer", "Meridix Everywhere System", "LiveID", "Go Live" designation, "You are everywhere", and other content is copyright Meridix Creative, Inc. and are either service marks, trademarks, or registered trademarks of Meridix Creative, Inc. and other MERIDIX logos and product and service names are trademarks of Meridix Creative, Inc. (the "MERIDIX Marks"). Without MERIDIX's prior permission, you agree not to display or use in any manner, the MERIDIX Marks. MERIDIX makes no claim to any logos, trademarks, or copyrights that are not specifically held by MERIDIX, but by using the Service, you agree to allow MERIDIX to make use of any logos, trademarks, or copyrights as associated with your account or use of the Service.

25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

MERIDIX respects the intellectual property of others, and we ask our users to do the same. MERIDIX may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MERIDIX's Legal Team the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

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;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

MERIDIX's Department for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Meridix Intellectual Property Claims
Meridix Creative, Inc.
One Meridix Center
491 Prairie Knoll Drive
Naperville, Illinois 60565
United States of America
By email: legal@meridixcreative.com

26. AMENDMENT

Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, and notices may be provided on the Web pages or properties through which the user accesses or uses the Service. User's continued access or use of the Service shall be deemed to be User's conclusive acceptance of the modified Agreement.

27. GENERAL INFORMATION 

Entire Agreement. The TOS constitute the entire agreement between you and MERIDIX and govern your use of the Service, superseding any prior agreements between you and MERIDIX. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MERIDIX services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and MERIDIX shall be governed by the laws of the United States and State of Illinois without regard to its conflict of law provisions. You and MERIDIX agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dupage, Illinois, United States. Waiver and Severability of Terms. The failure of MERIDIX to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

28. VIOLATIONS

Please report any violations of the TOS to legal@meridixcreative.com or contact us at any of the contact methods available at http://www.meridix.com/contactus.htm.

 
 

END USER LICENSE AGREEMENT FOR MERIDIX BROADCAST PRODUCER

IMPORTANT - PLEASE READ CAREFULLY:

This Meridix Creative, Inc. ("MERIDIX") End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) the ("USER") and MERIDIX for the MERIDIX software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, the USER agrees to be bound by the terms of this EULA. If the USER does not agree to the terms of this EULA, USER should not install or use the SOFTWARE PRODUCT. 

SOFTWARE PRODUCT LICENSE 

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 

1. GRANT OF LICENSE. This EULA grants the USER the following rights:

* Installation and general use of the SOFTWARE PRODUCT for its intended purposes, provided use is not limited by this EULA. The USER may install and use one copy of the SOFTWARE PRODUCT on a personal computer, provided the USER has obtained the correct applicable licences and access from MERIDIX.

2. ACCEPTANCE OF THIS LICENSE AGREEMENT

* By downloading, installing, and/or using this SOFTWARE, the USER agrees to the terms of this EULA. 

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. 

* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 

* Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. 

* Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. 

* Termination. Without prejudice to any other rights, MERIDIX may terminate this EULA immediately if the USER fails to comply with the terms and conditions of this EULA. In such event, USER must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by MERIDIX or its authorized suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. All rights not expressly granted herein are reserved by MERIDIX. 

5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Meridix Creative, Inc./PO BOX 5062/Naperville, IL 60567-5062 United States.

6. DISTRIBUTION. You may distribute the setup executable electronically for download, on optical media, magnetic media, or any other form of distribution as long as it complies with the rest of this license agreement and EULA.

MISCELLANEOUS

If you acquired this product in the United States, this EULA is governed by the laws of the State of Illinois in the United States of America.

If this product was acquired outside the United States, then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact MERIDIX for any reason, please write: Meridix Creative Legal Information/Meridix Creative, Inc./PO BOX 5062/Naperville, IL 60567-5062 United States.

LIMITED WARRANTY 

NO WARRANTIES. MERIDIX expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with the USER. 

NO LIABILITY FOR DAMAGES. In no event shall MERIDIX or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the stated MERIDIX product, even if MERIDIX has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the USER.

INVALID PROVISIONS

If any provision of this EULA shall be declared invalid or unenforceable, the remaining provisions of this EULA shall remain in full force and effect to the fullest extent permitted by law. In such event, each provision of this EULA which is invalid or unenforceable shall be replaced with a provision as similar in terms to such invalid or unenforceable provision as may be possible which is legal and enforceable. 

ENTIRE AGREEMENT

This EULA is the entire agreement between the USER and MERIDIX relating to its subject matter. It supersedes all prior agreement or discussions, oral or written, and prevails over any conflicting or additional terms of any quote, acknowledgment, or other communication between the parties relating to its subject matter during the term of this EULA. The USER may not assign any rights or obligations under this EULA without the prior consent of MERIDIX. No modification of this EULA will be binding, except by signed agreement.

Effective July 23, 2003

Note:  This Meridix Creative, Inc. Privacy Policy applies to all portions of our Internet properties, excluding Meridix Email.  You may find the privacy policy for Meridix Email by clicking here.

Privacy Notice Table Of Contents

Our Commitment To Privacy 
The Information We Collect 
How We Use Information 
Our Commitment To Data Security 
How To Access Or Correct Your Information
Legal Disclaimer 
How To Contact Us

Our Commitment To User Privacy

Your privacy is very important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make regarding the way your information is collected and used. To make this notice easy to find, we make it available on our website and at every point where personally identifiable information may be requested. 

The Information We Collect

This notice applies to all information collected or submitted on the meridix.com website. On many pages throughout our network, you can order products, make requests, request support, and register to receive various services or materials. The types of personal information collected at these pages are: 

First Name
Last Name
Address
Country
Website
Email Address 
Phone Number
Credit/Debit Card Information 

In addition, on some of these pages you can submit information about other people or on behalf of an organization. For example, if you request support or products for another person, and we communicate directly with the recipient, you will need to submit the recipient's address and other recipient information. In this circumstance, the types of personal information collected are: 

First Name
Last Name
Organization Name
Organization Email
Address
Email Address 
Phone Number

The Way We Use Information

We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. 

We use the information you provide about someone else when placing an order only to complete delivery of the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order. 

We use return email addresses to answer the email we receive, to send out confirmations regarding accounts, and updates or changes regarding our services. Such addresses are not used for any other purpose and are not shared with any outside parties. 

You can register with our website if you would like to receive additional communications from us, such as support alerts, as well as updates on NEW products or services. Information you submit on our website will not be used for this purpose, nor will you be contacted in this manner, unless you specifically request such communcations. 

We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to specifically identify each of those individuals. 

Like most standard Web site servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

We may from time to time employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us as to which content is most effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear gifs are not tied to users' personally identifiable information.

Clear Gifs can "work with" existing cookies on a computer if they are both from the same Web site. That means, for example, that if a person visited 'www.meridix.com', which uses a company's clear gif, the Web site would match the clear gif's identifier and the company's cookie ID number, to show the past online behavior for that computer. For example, the process could simply inform users of a list of recent events they have accessed.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. 

Our Commitment To Data Security

To prevent unauthorized access, maintain data security, maintain data accuracy, and ensure the correct use of information, we have put in place the most effective physical, electronic, and managerial procedures as reasonably available to us, including encryption and secure certificates, in order to safeguard and secure the information we collect online. 

How You Can Access Or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by either accessing your account online, by contacting support@meridixcreative.com, or by using our online support system located at http://www.meridix.com/support. We use this procedure to better safeguard your information. 

You can correct factual errors in your personally identifiable information by sending us a request in any of the methods explained above that credibly shows the error. 

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting any access or making any corrections. 

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

Notification of Changes

If we decide to make changes to our privacy policy, we will post the changes to this privacy statement, the homepage, and other places we deem appropriate so that our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. 

If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email when possible, and by posting a notice on our Web site for 30 days.

Contact Information

If users have any questions or suggestions regarding our privacy policy or any of our privacy statements, please contact us at:

Privacy Issues and Privacy Policy
Meridix Creative, Inc.
One Meridix Center
491 Prairie Knoll Drive
Naperville, Illinois 60565

Or, you can send us an email at privacy@meridixcreative.com.

Also, you can access our online support system at http://www.meridix.com/support for more information.