TERMS OF SERVICE
Last Updated: April, 2024
These Terms of Service (these “Terms”) set forth the legally binding terms and conditions that govern your use of Mayk, Inc. (“Mayk.it”, the “Site”, or the "App"). By accessing or using Mayk.it, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use Mayk.it, or accept the Terms, if you are under 13 years of age. If you do not agree with all of the provisions of these Terms, do not access and/or use Mayk.it.
The website and app are copyrighted and belong to Mayk, Inc. (“Mayk.it”, “Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE THAT REQUIRES THE USE OF ARBITRATION TO BRING AN ACTION ON AN INDIVIDUAL BASIS AND WAIVES YOUR RIGHTS TO BRING A CLASS ACTION SUIT OR CLASS WIDE ARBITRATION. THESE TERMS ALSO CONTAIN A CLAUSE THAT LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. NOTE THAT OUR PRIVACY POLICY CAN BE VIEWED HERE.
1. Term & Termination
The Terms are in effect once a user account (“Account”) is created and will remain in full force and effect while you use Mayk.it.
We may suspend or terminate your rights to use Mayk.it (including your Account) at any time for any reason at our sole discretion, including for any use of Mayk.it that violates these Terms.
Upon termination of your rights under these Terms, your Account and right to access and use Mayk.it will terminate immediately. You understand that any termination of your Account may involve the deletion of your User Content (as defined below) associated with your Account from our databases. Mayk.it will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.
2. Terms Modification
These Terms are subject to occasional revision, and if we make any substantial changes, these modifications shall come into effect after notifying you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on Mayk.it. You are responsible for providing us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
3. Accounts
Account Creation & Deletion
To use certain features of Mayk.it, you must register for an Account and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on Mayk.it.
Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Mayk.it of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. You are to maintain a current email address in your account. The Mayk.it cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
4. Access to Mayk.it
Restrictions to Users
The rights granted hereunder are specifically to you, and are subject to the following restrictions. You shall not:
- Use or access Mayk.it for any reason other than for your own personal, non-commercial use.
- License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Mayk.it platform, whether in whole or in part, or any content displayed on Mayk.it.
- Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of Mayk.it.
- Access Mayk.it to build a similar or competitive website, product, or service.
- Copy, reproduce, distribute, republish, download, display, post, or transmit any part of Mayk.it in any form or by any means, except as specifically allowed hereunder.
- Upload, transmit, or distribute to or through Mayk.it any computer viruses, worms, or any software intended to damage or alter a computer system or data.
- Send through Mayk.it, unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
- Use Mayk.it to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
- Interfere with, disrupt, or create an undue burden on servers or networks connected to Mayk.it or violate the regulations, policies, or procedures of such networks.
- Attempt to gain unauthorized access to Mayk.it (or to other computer systems or networks connected to or used together with Mayk.it), whether through password mining or any other means.
- Harass or interfere with any other user’s use and enjoyment of Mayk.it.
- Use software or automated agents or scripts to produce multiple accounts on Mayk.it, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) Mayk.it (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from Mayk.it for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- Violate the Acceptable Use Policy.
- Infringe the intellectual property of third parties.
Unless otherwise indicated, any future release, update, or other addition to the functionality of Mayk.it shall be subject to these Terms. All copyright and other proprietary notices on Mayk.it (or on any content displayed on Mayk.it) must be retained on all copies thereof.
Mayk.it Modification Rights
Mayk.it reserves the right, at any time, to modify, suspend, or discontinue Mayk.it with or without notice to you. You agree that Mayk.it will not be liable to you or any third party for any modification, suspension, or discontinuation of Mayk.it or any part thereof.
No Support or Maintenance
You acknowledge and agree that Mayk.it will have no obligation to provide you with any support or maintenance in connection with Mayk.it.
5. Third Party Intellectual Property Rights
DO NOT INFRINGE ON THE INTELLECTUAL PROPERTY OF THIRD PARTIES. You agree not to use Mayk.it to collect, create, upload, transmit, display, or distribute any musical composition, sound recording or User Content that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
6. User Content
“User Content” means all information and content that a user submits to, and uses in connection with Mayk.it, including, but not limited to, so-called “cover versions”, musical compositions, sound recordings, images, audio uploaded containing a user’s voice (“Voice Content”), and name and/or likeness
You represent and warrant that you own and are solely responsible for User Content you provide to Mayk.it and assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.
You represent and warrant that your User Content does not violate our Acceptable Use Policy.
You represent and warrant that, in the event you upload music to Mayk.it, you own and control all rights in such musical composition and sound recording. In the event Mayk.it discovers you have uploaded music to Mayk.it in which you do not own and control the rights, Mayk.it reserves the right to take down and/or block said content and delete your Mayk.it account permanently.
You represent and warrant that, in the event you upload your individual voice, name and/or likeness into Mayk.it, you own and control all rights in and to your individual voice, name and likeness. In the event Mayk.it discovers you have uploaded your individual voice, name and/or likeness into Mayk.it and you do not own and control the rights, Mayk.it reserves the right to take down and/or block said content and delete your Mayk.it account permanently.
You hereby represent and warrant that, in the event you input your individual voice, name and/or likeness into Mayk.it to create new User Content using your individual voice, name and/or likeness, you waive any and all rights to bring legal action against Mayk.it with respect to the use of the Voice Content in connection with the service.
You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Mayk.it. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or any rights, intellectual or otherwise, of third parties.
Mayk.it is not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your backup copies of your User Content if you desire.
Ownership of Mayk.it
Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in Mayk.it and its content are owned or licensed by Mayk.it or Mayk.it’s Suppliers. Nothing in these Terms transfers to you or any third party any rights, title, or interest in or to such intellectual property rights. Mayk.it and its Suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
License to Mayk.it
You hereby grant (and represent and warrant you have the right to grant) to Mayk.it, Mayk.it users, partners, affiliates, and sub-licensees a non-exclusive, royalty-free, and fully-paid, worldwide license, including without limitation to reproduce, record, store (on servers, storage cloud, and devices), save, distribute, publicly display and publicly perform, synchronize, prepare derivative works of, incorporate into other works, utilize for the purpose of training artificial intelligence models, and otherwise use and exploit your User Content.
You acknowledge and agree that, by your use of Mayk.it, any new content created using Mayk.it from User Content, including but not limited to, AI Covers, musical compositions, sound recordings and videos, are owned solely and exclusively by Mayk.it subject to any underlying rights you may have pursuant to the DMCA, GDPR, DPA and HRA (as defined below) (except for Stingray User Content, which is owned by Stingray).
You grant to Mayk.it a worldwide, royalty-free license to feature your User Content in promotions, advertisements, and sponsorships.
You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
LICENSE USE
(See Figure at the bottom)
Voice Content
In addition to the terms respecting User Content above, and without limiting any of the rights granted to Mayk.it hereunder, you acknowledge and agree that, with respect to any Voice Content you upload, you hereby grant to Mayk.it a non-exclusive, worldwide, royalty-free license to use the Voice Content, and any data associated therewith (as well as any connected name and likeness) for the purpose of research, development, and training of Mayk.it’s proprietary technologies and models. You also grant to Mayk.it a license, and a right to sub-license to users, your Voice Content for the creation of additional User Content. You agree that Mayk.it may use such Voice Content to train, test, and improve machine learning and artificial intelligence models. This includes the right to pool and aggregate your Voice Content with that of other users to train a single, or multiple artificial intelligence models. You acknowledge that the resulting models and any improvements thereto may become part of Mayk.it’s technology.
By uploading Voice Content to the Service, you represent and warrant that:
- The Voice Content is your original creation and you own all rights to the Voice Content or have obtained appropriate rights and consents to use and authorize Mayk.it to use the Voice Content as described herein.
- You are not uploading content that infringes on the intellectual property rights of others, including but not limited to, uploading the voice, name or likeness of a third party.
Mayk.it will not:
- Use your Voice Content to create a replica of your voice.
- Train a model using only your Voice Content.
- Create a song using only your Voice Content.
In addition to creating original and personal songs, users may also use Mayk.it to create cover or karaoke versions via “Popstarz.ai”. The following section governs specific use cases via Popstarz.ai.
Use of Stingray Recordings (Cover songs via our Partner Provider)
You acknowledge that as a part of using Mayk.it you may have access to sound recordings (the “Stingray Recordings”) from Stingray Music USA Inc. (“Stingray”; Stingray together with any of its applicable vendors are also deemed a “Supplier” of Mayk). You may also have the ability create User Content based upon the Stingray Recordings. The User Content you create based on the Stingray Recordings together with all information and content that you submit to, and use with Mayk.it in connection with Stingray Recordings, including, but not limited to, your voice, name and/or likeness, shall be referred to herein as “Stingray User Content”.
Stingray grants you also a limited, non-exclusive, non-transferable, revocable license to access and make personal use of the Stingray Recordings and the compositions contained therein in accordance with the terms and conditions of these Terms of Service.
You acknowledge and agree that the Stingray Recordings are licensed, not sold, to you, and you acknowledge that the streaming of sound recordings shall not constitute a grant or waiver of any rights of the copyright owners in such sound recordings and the underlying musical compositions embodied therein.
You may not modify, copy or reproduce any or all portions of the Stingray Recordings in any form or by any means, and you may not modify, rent, lease, loan, sell, distribute or exploit the Stingray Recordings in any manner.
Any use of the Stingray Recordings other than as specifically authorized herein is strictly prohibited and shall terminate automatically the license granted herein. You agree that the Stingray Recordings and/or the content available in connection therewith, including but not limited to, sound recordings, videos and artwork, include a security framework using technology that protects digital information and/or limits your usage thereof. You agree not to attempt to, or assist another person to, reverse-engineer, decompile, disassemble, violate or otherwise tamper with any of the security components related to the Stingray Recordings for any reason whatsoever.
Stingray reserves the right to change, suspend, remove, or disable access to any and all Stingray Recordings, and Stingray shall not be liable for the removal of or disabling access to any such product, material or content.
You understand that by using the Stingray Recordings, you may come across content that may be considered offensive, vulgar, indecent, or otherwise objectionable, which content may or may not be identified as having explicit language. Your use of the Stingray Recordings is at your sole risk and Stingray shall not be liable to you for content that may be found to be offensive, vulgar, indecent, or otherwise objectionable.
You acknowledge that the Stingray Recordings and all content available in connection therewith, including, but not limited to, designs, text, graphics, logos, button icons, images, pictures, music, audio clips, videos, information, editorial content, data compilations, files selection and arrangement, programming, postings, links, and software, trademarks and trade names, are the property of Stingray and/or its licensors, and are protected by applicable copyright laws and other intellectual property laws. You agree not to use such proprietary information or materials in any way except for use in accordance with the terms of these Terms. You do not obtain any rights under these Terms in any intellectual property of Stingray.
By using any Stingray Recordings (originating from your use of Mayk.it), and in connection with any creation of Stingray User Content you hereby acknowledge and accept the following limitations and restrictions:
- You will not change the lyrics of the musical composition(s) embodied in any Stingray Recording(s), intentionally or unintentionally, or make any change to the original meaning or purpose or the fundamental character of the compositions embodied in any Stingray Recording(s).
- Immediately upon uploading any Stingray User Content, Stingray shall own one hundred percent (100%) of the sound recordings containing such Stingray User Content, with no possibility of reversionary interests to you.
- You hereby irrevocably waive, to the greatest extent permitted by law, and further, irrevocably grant to Stingray, all intellectual property rights concerning the sound recording in the Stingray User Content (collectively, the “Stingray User Content Intellectual Property Rights”).
- By creating any Stingray User Content you agree to indemnify both Mayk.it and Stingray (including any subsidiaries and affiliates) against any and all claims in connection with creation of the Stingray User Content any and all of the Stingray User Content Intellectual Property Rights granted hereunder.
- You will at all times while using the Site adhere to Mayk.it Inc.’s Terms of Service and Privacy Policy (as they may rightfully and duly be updated from time to time).
- You agree that Mayk may share the Stingray User Content with Stingray and its vendors.
- You agree that Mayk, Stingray or another Supplier or vendor may create metadata (the “Metadata”) regarding the Stingray User Content including, but not limited to, an internal identifier, the title, the “In the Style of” Artist, the genre, the beats per minute, the artist (your designated artist name) and the artist identifier (your user ID) and the creation date.
- You agree that the Metadata shall identify Stingray as the 100% owner of the sound recording right to the Stingray User Content.
- Your use of the Stingray Recordings and the Stingray User Content are limited to consumer user for entertainment purposes only.
- You may not download or copy the Stingray User Content.
- You may share Stingray User Content via social media platforms only if (i) you do not opt-out of distribution through Mayk, or (ii) you are a paid user of Mayk.
- You may not monetize the Stingray User Content on any online store, streaming service or social media platform (collectively, the “Distribution Platforms") or distribute the Stingray User Content to any Distribution Platform, directly or indirectly, with the intent to monetize it.
Distribution of Stingray User Content
If you create Stingray User Content, you agree that you shall grant the right to Mayk to distribute such Stingray User Content on Distribution Platforms, including but not limited to, Spotify, Apple Music, Amazon, YouTube, Meta, and Tik Tok. Mayk will pay to you forty percent (40%) of all revenue collected in connection with the distribution (the “Royalty”). No Royalty will be payable until the Royalty amount exceeds One Hundred Dollars ($100.00) (the “Threshold”). Once the Threshold has been met, Mayk will contact you at your Account email to gather payment information. Notwithstanding the foregoing, Users may opt-out of distribution.
If you do not opt-out of distribution:
- Stingray and its vendors may in its sole discretion distribute and monetize the Stingray User Content including Metadata on Distribution Platforms as owner of the sound recording of the Stingray User Content.
- You agree that Stingray and its vendors may disclose and your personal information included in the Stingray User Content and Metadata to the extent necessary to provide the Stingray User Content and Metadata to the Distribution Platforms and facilitate monetization therein.
- As between Stingray and Mayk, Mayk shall be responsible for remitting to you any revenue share arising out of or related to monetization of the Stingray User Content.
- Stingray shall have no obligation whatsoever to remit any revenue share, royalties or any other compensation to you.
- Stingray may remove the Stingray User Content from Distribution Platforms or cease distributing it:
- if Stingray shall become aware of any third-party allegations or claims regarding the use of any composition, title, material, name and/or likeness included in Stingray User Content;
- if titles, names and/or likenesses included in the Stingray User Content are false or misleading;
- if Stingray User Content includes an offensive title, lyrics or materials or disparages Stingray or a songwriter, recording artist or label;
- if the Stingray User Content is not sufficiently distinct from the original Stingray Recording;
- and/or if Stingray or Mayk ceases to do business.
- You may request Stingray to remove the Stingray User Content from Distribution Platform(s) by notifying Mayk at content@mayk.it.
Other Users’ Content
Each Mayk.it User is solely responsible for all of their User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Mayk.it will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
Mayk.it’s Right to Review User Content
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you at our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
3rd Party Links & Ads
Mayk.it may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of the Mayk.it, and Mayk.it is not responsible for any Third-Party Links & Ads. Mayk.it provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Karaoke / Cover Versions
Community Producer(s)
Community Producer(s) are users that sign up through Mayk.it's beat portal and construct an underlying musical composition, which shall be available on Mayk.it so that Creators can create songs to the composition.
In the event of any conflict or inconsistency between these Terms of Service and any terms or conditions set forth in a Community Producer(s) individualized agreement, the terms and conditions set forth in the Community Producer(s) individualized agreement shall control.
Community Producer(s) & Creator(s) DON’T INFRINGE ON THIRD PARTY RIGHTS
Community Producer(s) & Users(s) acknowledges and agree/s that if there are any claims or findings of infringement on another’s intellectual property rights:
- the composition/s shall be removed;
- the Community Producer(s) might be liable to third parties for copyright infringement;
- Mayk.it shall not be held liable for Community Producer(s) / Creator(s) copyright infringement;
- Community Producer(s) User Account may be suspended or terminated, at the Mayk.it’s discretion.
Copyright Removal Policy
In accordance with the DMCA, GDPR, DPA and HRA, we’ve adopted the following policy toward copyright infringement. We reserve the right to: (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Mayk.it infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Mayk.it's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Mayk.it is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in the notice is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:some text
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider’s access to the services if he or she is a repeat offender.
- Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Mayk.it is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Mayk.it may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Mayk.it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Mayk.it’s discretion.
Please contact Mayk.it’s Designated Agent at the following address:
Mayk, Inc.
Attn: Designated Agent to Receive Notification of Claimed Infringement
2110 Main Street, Suite 303
Santa Monica, CA. 90405
Email: content@mayk.it
10. Feedback
If you provide Mayk.it with any feedback or suggestions regarding Mayk.it (“Feedback”), you hereby assign to Mayk.it all rights in such Feedback and agree that Mayk.it shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Mayk.it will treat any Feedback you provide to Mayk.it as non-confidential and non-proprietary. You agree that you will not submit to Mayk.it any information or ideas that you consider to be confidential or proprietary.
11. Indemnification
You agree to indemnify and hold Mayk.it (and its officers, employees, agents and Suppliers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of Mayk.it, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content.
Mayk.it reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Mayk.it. Mayk.it will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
12. Warranty Exclusion
THE SITE/APP AND ALL CONTENT INCLUDED THEREIN IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND MAYK.IT (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAYK.IT (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF MAYK.IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. Dispute Resolution
Please read this section carefully. It is part of your contract with Mayk.it and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Mayk.it that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Mayk.it, and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Mayk.it should be sent to 2110 Main Street, Suite 303, Santa Monica, California 90405. After the Notice is received, you and Mayk.it may attempt to resolve the claim or dispute informally. If you and Mayk.it do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Los Angeles. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Mayk.it made to you before the initiation of arbitration, Mayk.it will pay you the greater of the award or $2,500.00. Each party shall bear its costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits
If you or Mayk.it pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Mayk.it, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Mayk.it.
Waiver of Jury Trial
The parties hereby waive their constitutional rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event, any litigation should arise between you and Mayk.it in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MAYK.IT WAIVES ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute is resolved by a judge.
Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CAN NOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Arbitration Confidentiality
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability
If any part or parts of this Arbitration section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive
Any or all of the rights and limitations set forth in this Arbitration section may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration section.
Survival of Agreement
This Arbitration Agreement will survive the termination of your Account with Mayk.it.
Small Claims Court
Despite the previously mentioned, either you or Mayk.it may bring an individual action in small claims court.
Emergency Equitable Relief
In any event, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration
Despite this Arbitration resolution, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
Courts
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.
15. Disclosures
Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to team@mayk.it. Users may also contact us by writing to Mayk, Inc. at 2110 Main Street, Suite 303, Santa Monica, CA 90405. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Electronic Communications
The communications between you and Mayk.it use electronic means, whether you use the Site or send us emails, or whether Mayk.it posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Mayk.it in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mayk.it provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Entire Agreement
These Terms constitute the entire agreement between you and Mayk.it regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship with Mayk.it is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Mayk.it’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Mayk.it may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information
Copyright © 2023 Mayk inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on Mayk.it are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information
Address: Mayk, Inc., 2110 Main Street, Suite 304, Santa Monica, California 90405
Email: team@mayk.it
