Terms of Service

Welcome to megree!

1. DESCRIPTION OF SERVICE AND ACCEPTANCE

megree is a social networking platform that focuses on providing contextual search capabilities to its users. The megree.com website (the "Site") and megree’s associated products and services (collectively "megree services") are owned and operated by megree, Inc. ("megree"). megree and megree services are based in the United States of America.

By accessing or using megree services, you (the "User") signify that you have read, understand, and agree to be bound by these Terms of Service, whether or not you are a registered user of megree.com. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE MEGREE SERVICES.

2. CHANGES TO THE TERMS OF SERVICE

At any time, megree may, at its sole discretion, change, modify, add, or remove portions of these Terms of Service, and such changes shall be effective upon posting the new Terms of Service at www.megree.com/terms. Any visit to megree.com or use of the megree service after the new Terms are posted will constitute the User’s agreement to such change. Therefore, it is important the User read this page regularly to ensure familiarity with the most recent terms of our services.

3. ACCESS AND USE OF MEGREE SERVICES

As long as the User complies with these Terms of Service, megree grants the User a personal, non-exclusive, non-transferable, limited privilege to use megree services. This license is revocable at any time by megree without actual notice and with or without cause.

Any User must be at least 13 years of age to register for megree services.

megree owns and retains all rights to the megree services. megree services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws.

In order for megree to keep the megree services safe, reliable, and available for all of our users, we require everyone to use megree services for lawful and appropriate uses. All users, whether or not they are registered users of megree.com, agree that they will not:

  • use any of megree services in an unlawful manner or for unlawful purpose;
  • engage in or encourage conduct that would constitute a criminal offense; violate any local, state, national, or international law; or give rise to civil liability;
  • upload, post, transmit, share, store or otherwise make available any content that, in the sole judgment of megree, is abusive, defamatory, fraudulent, harassing, harmful, inflammatory, infringing, intimidating, obscene, threatening, unlawful, vulgar, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent any User information (in particular, the User’s age or the User’s affiliation with any person or entity);
  • use or attempt to use another's account without prior authorization from the User;
  • obtain or seek to obtain password information of any other User of megree services;
  • solicit personal information from anyone under 18 if the User is over 18 years of age;
  • access megree services and/or the information contained therein through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of megree services);
  • seek to use any information provided through megree services for any unauthorized commercial purpose;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, transmit, share 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;
  • attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • attempt to damage, disable, overburden, impair, or gain unauthorized access to megree services; any associated computer network; or any administrative and/or User account;
  • violates any contractual agreement with megree;
  • violates the rights of others including patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
  • violates these Terms, guidelines, or any policy posted on www.megree.com/; or
  • interferes with any other party's use and enjoyment of megree services.

4. SUSPENSION OR TERMINATION OF SERVICES AND/OR USER ACCOUNTS

megree may find it necessary to change, suspend, or discontinue — temporarily or permanently — some or all of megree services, at any time without notice. It is important that all Users understand that megree will not be liable to the User for any modification, suspension, or discontinuance of any megree services.

Furthermore, megree reserves the right to suspend and/or terminate the account of any User of megree services for any reason, or no reason, at any time in its sole discretion. megree shall make reasonable attempts to notify the User at the time of suspension and/or termination. Appeals of suspension and/or termination must be made in writing to the electronic or mail address provided in that notice. Reactivation of accounts will be at the sole discretion of megree. In no event will megree be liable to the User in any way for suspension or termination of his/her account.

5. PERSONAL INFORMATION

As part of megree services, the User will be asked to provide his/her personal information. The User’s "Basic Information" shall include the User’s first and last names, a valid electronic mail address, and his/her location. To enjoy the benefits of megree services, however, users are encouraged to provide more detailed personal information including, but not limited to, education, employment, hobbies, interests, favorite charities, and other activities. All of the information voluntarily provided to megree by a User shall collectively be termed "Personal Information."

The User acknowledges and agrees that any Personal Information provided by the User to megree is non-confidential and shall become the sole property of megree. megree shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination for any purpose, commercial or otherwise, without acknowledgment or compensation to the User. megree agrees not to sell or license your E-mail address, contacts, or their contact information to any third parties.

In consideration of the use of megree services, the User agrees to (a) provide and maintain accurate and current Personal Information to megree; (b) maintain the security of the User’s password and identification; and (c) be fully responsible for all use of the User’s account (including any User Content) and for any actions that take place using the User’s account.

megree may choose to utilize other sources to supplement the Personal Information provided by its Users, including, but not limited to, publicly available data resources, published materials, and proprietary information purchased from third parties. This information may be associated with the User’s account but may not be user accessible. Publicly-available information about non-users of megree services may also be gathered and utilized by megree to provide megree services.

All personal information provided to megree will be treated in accordance with its Privacy Policy Statement, which is available at www.megree.com/Privacy. All Personal Information provided to megree will not, unless provided otherwise herein, be accessible to the general public. Personal Information may be shared with trusted third parties for the purpose of providing and improving megree services. These trusted third parties have agreed to be bound by these Terms of Service and megree’s Privacy Policy Statement.

Users will be able to set levels of privacy for their provided Personal Information (other than Basic Information) and what other users may see when using megree services. For example, any User can choose to share their educational background with all persons who use megree services OR only registered users OR only persons whom they have invited to join megree services OR some other defined subset of users. (NOT AVAILABLE IN BETA RELEASE)

Users will be prompted to invite persons they know to join megree services. This will be accomplished through mevite (NOT AVAILABLE IN BETA RELEASE). Mevite is a system that allows Users to choose individuals from their contact/address books that they wish to invite to megree services. At the User’s option, the system will send either a personalized or generic electronic mail invitation to selected individuals. To avoid abuse, only one electronic mail invitation may be sent to any individual from each User. Once an individual invited through mevite joins megree services (the "Associate"), the User’s account will be linked with that Associate’s account. The Associate will then be "confirmed," which means that he/she will be able to freely communicate with the User through megree services. Until such an invitation through mevite is accepted, the receiver of the invitation, since they are "unconfirmed," will only have access to the User’s Basic Information.

Some existing users of megree services, such as Celebrity Users, may have special rules about allowing access by Users to their profiles and associated pages; these special rules will be listed on www.megree.com and are incorporated herein.

Any User may withdraw at any time from megree services by following the procedures indicated on www.megree.com. Such action will cause any personal information provided by the User to be deleted from megree’s systems, in the manner described within the Privacy Policy Statement.

Unless and until the User successfully withdraws from megree services, Personal Information about the User provided to megree will be property of megree. In the event that megree becomes involved in any merger, acquisition, or any other form of sale of some or all of its assets, personal information in the possession of megree is a megree asset and, subject to the commitments contained within this Terms of Service and megree’s Privacy Policy Statement, may be transferred.

6. MEGREE SERVICES CONTENT

All content available through megree services, including designs, text, graphics, pictures, video, information, applications, software, sound and other files (collectively "megree services content") is the proprietary property of the megree, its Users, or its licensors with all rights reserved.

The User understands and agrees that megree may, without notice, change, modify, add, or remove any megree services content.

No megree services content may be copied, displayed, distributed, downloaded, framed, modified, reproduced, republished, scraped, posted, transmitted, or sold in any form or by any means, in whole or in part, without megree’s prior written permission, except that the foregoing does not apply to User Content (as defined below) that is legally posted on www.megree.com.

megree services registered users are granted a limited license to access and use megree services, which shall include the right to download or print a copy of any portion of megree services content to which the User has gained authorized access solely for the User’s personal, non-commercial use, provided the User keeps all copyright or other proprietary notices intact.

Except for User Content, Users may not incorporate any megree services content in any other database/compilation or publish such content in any form without prior written approval from megree. Any use of the megree services content other than as specifically authorized herein is strictly prohibited, will terminate the license granted herein, and may violate intellectual property and other rights of megree.

In particular, megree, megree.com, and any associated graphics, logos, or designs are registered trademarks, trademarks, or trade dress of megree in the U.S. and/or other countries. megree's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of megree.

7. USER CONTENT

The User is solely responsible for any text, information, photo, image, sound, video content ("User Content") that he/she uploads, publishes, transmits, or displays on any megree services.

The User understands and agrees that megree may, but is not obligated to, review User Content. megree has the absolute right (without any prior notice) to change, modify, or remove User Content for any reason or no reason. Furthermore, megree has no liability to any User for the cost for backing up or replacing any User Content on megree services.

When a User chooses to provide any User Content, the User grants, and represents and warrants that he/she has the right to grant, to megree an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose (commercial, advertising, or otherwise), on or in connection with megree services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

A User may choose to remove User Content from megree services at any time. In the event that the User removes the User Content, the license granted to megree for it will expire. However, megree may retain archived copies of the User Content and may be required to disclose such content in response to a subpoena, court order, or other valid legal process.

megree does not assert any ownership over User Content. Subject to the rights granted to megree in these Terms of Service, the User retains full ownership of all of his/her User Content, any intellectual property rights, and any other proprietary rights therein.

8. YOUR RESPONSIBILITIES AND AUTHORIZATIONS WHEN USING MEGREE.COM FOR DONATIONS

When you use the Site to make a donation, you authorize megree to act as your agent to process donations that you (the "Donor") make through the Site. When you make these donations, you agree that megree will: (i) be paid Transaction Fees and will process your donations through megree's third party payment processor; (ii) hold the donations in an interest bearing bank account insured by the Federal Deposit Insurance Corporation to the extent permitted by law; (iii) remit funds to the designated Charity or Nonprofit (each a "Charity") less Transaction Fees and in accordance with megree's agreements with its Charity partners; and (iv) send a thank you electronic mail and transaction receipt to all Donors.

All Donors agree that: (i) they will not use an invalid or unauthorized credit card make a donation through the Site; (ii) they are solely responsible for selecting the correct Charity for fundraising, volunteering, or donating; (iii) all donations to Charities are made as unrestricted gifts and may not be specified for any particular purpose; (iv) designated donation amounts will be charged to the credit card you provide; (v) all donations are final and non-refundable; and (vi) not all donations will be tax deductible depending on the circumstances surrounding the donation and each donor must consult a tax professional about the tax deductibility of donations made on the Site.

9. TRANSACTION FEES

A fundamental goal of megree is to help its users make a difference in the world. As part of achieving that purpose, megree helps raise money for designated Charities and Nonprofits. Some charities have high fundraising costs, which significantly reduces the amount of money that actually helps their targeted communities. By contrast, for its Charity and Nonprofit partners, megree only deducts a flat 10% processing fee plus an additional credit card fee charged by the payment processor on every donation made through the Site (collectively "Transaction Fees"). These Transaction Fees cover megree's costs associated with maintaining and hosting the Site; providing secure payment solutions; vetting 501(c)(3) Charities through a third party vendor; ensuring the transfer of money to the appropriate Charity; and providing the User with a socially conscious platform for social networking.

10. PAYMENTS TO CHARITIES AND NONPROFITS

Donors will make donations to the Charities and Nonprofits of their choice through megree. Every 30 days, Charities and Nonprofits will receive their payments less the Transaction Fees. Payments will be sent to the Charities and Nonprofits on or about the 21st day of the month for donations made in the prior calendar month. These payment schedules are subject to change at any time at the sole discretion of megree. The money is sent to the address that the Charity or Nonprofit has on file with megree. Charities and Nonprofits will be responsible for any and all taxes based on their net income or gross receipts.

Payments to Charities and Nonprofits are sent from a separate dedicated bank account. megree only holds these payments in this account for the minimum amount of necessary time to process the transactions; any interest accrued on these amounts is donated by megree to a Charity of its choice.

11. MEGREE REWARDS AND PROMOTIONS

In order to encourage your participation with megree partners and help their targeted communities, megree offers a rewards program. The more the User fundraises, volunteers, and donates the more megree points the User will earn. megree points will have no cash value. As long as you maintain an account with megree, your points never expire; however, if you cancel your megree accounts, your points will expire. megree, in its sole discretion, may award different prizes for points. Once your points are redeemed to claim an award, then you no longer have those points that have been used for redemption.

From time to time, megree will offer promotions on the Site which will be subject to the Official Rules posted for the applicable promotion. You agree to be subject to the applicable Official Rules if you enter or otherwise participate in any of those promotions.

12. YOUR FUNDAISING PROMOTIONS

You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "promotion") on megree without our prior written consent. You may seek permission by sending an email to contests@megree.com. If we consent, you take full responsibility for the promotion, and you agree that: (i) such promotion shall comply with all applicable laws; (ii) you are solely responsible for all facets of the promotion; (iii) you may not use the megree name, logo, or any other megree intellectual property in the rules or any other materials relating to the promotion, without megree's express written permission; (iv) such promotion does not require making a donation as the only way to enter; (v) such promotion is not marketed to anyone under the age of 18; and (vi) such promotion may not endorse, sponsor, or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco.

You will include the following provisions within your official rules for any promotion that you choose to administer or publicize on the Site: (i) megree does not sponsor, endorse, or administer the promotion; (ii) each participant or entrant in the promotion releases megree from any and all liability; and (iii) all questions concerning the promotion must be directed to you and not to megree.

You will indemnify and hold megree harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the promotion, including without limitation the publicity or administration thereof. If you do agree to these terms, you may not publicize or administer a promotion on the Site.

13. DOWNLOADS

In order to participate in certain megree services, the User may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

14. MOBILE SERVICES (NOT AVAILABLE IN BETA RELEASE)

megree services expressly include certain services that are available by means of the User’s mobile phone/device, including (a) the ability to upload content to megree services via the User’s mobile phone/device, (b) the ability to receive and reply to messages from megree services, (c) the ability to browse megree services, and (d) the ability to access certain features through a mobile application the User has downloaded and installed on the User’s mobile phone/device. megree does not charge for these services through the User’s mobile phone/device. However, the User’s mobile provider may charge messaging, data, connection, and other fees and charges. Some providers may also prohibit the use or installation of megree services. The User should, therefore, check with his/her provider before using any megree services on any mobile phone/device. All users should update any changed mobile phone/device information associated with megree services promptly, so that access by subsequent subscribers from the User’s former number is avoided.

15. USER DISPUTES

The User is solely responsible for his/her interactions with other users of megree services. megree reserves the right, but has no obligation, to monitor disputes between megree services’ users.

16. MERCHANTS

Merchants offering special deals or discounts on megree under the “Doing Good” Deals program must comply with all applicable laws and regulations related to selling, offering or providing the products or services offered on the Site. Merchants offering specials under the “Doing Good” Deals program must select and list a non-profit organization to support through this program on its businesses profile page on the Site. megree reserves the right to remove any merchant from the Site in its sole discretion. For the avoidance of doubt, Merchants are considered Users under these Terms of Service.

17. PRIVACY

megree cares about the privacy of megree services users and has posted its Privacy Policy Statement at www.megree.com/privacy. By using megree services, the User acknowledges and agrees to that Privacy Policy Statement.

To avoid abuse, communications through megree services, with the exception of mevite, will only be routed through megree services. Electronic mail communications from megree will be limited to administrative notices to the electronic mail account provided by the User.

18. DISCLAIMERS

MEGREE SERVICES ARE PROVIDED "AS-IS" AND MEGREE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MEGREE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MEGREE SERVICES. MEGREE DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ASSOCIATED WITH MEGREE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT MEGREE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, THE USER SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, THE USER UNDERSTANDS AND AGREES THAT WHEN THE USER DOWNLOADS OR OTHERWISE OBTAINS CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE MEGREE SERVICE IT IS AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR THE USER’S USE THEREOF AND ANY DAMAGES TO THE USER’S MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.

MEGREE DOES NOT PRE-APPROVE OR PRE-SCREEN USER CONTENT AND PERSONAL INFORMATION ASSOCIATED WITH A PARTICULAR USER, AND CANNOT GUARANTEE THAT SUCH INFORMATION OR CONTENT WAS ACTUALLY CREATED OR PROVIDED BY THE NAMED INDIVIDUAL OR ENTITY. NOR IS MEGREE RESPONSIBLE FOR ANY USER CONTENT, OR ANY TRANSFERS OF INFORMATION BETWEEN USERS OF MEGREE SERVICES, OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF MEGREE SERVICES.

megree services may be temporarily unavailable from time-to-time for maintenance or other reasons. megree assumes no responsibility for any deletion, defect, delay, error, omission, interruption, in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. megree is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone/device, or other hardware or software, related to or resulting from using or downloading materials in connection with megree services, including any Mobile Client software. Under no circumstances will megree be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of megree services, any User Content, Software, megree services content, or any interactions between users of megree services, whether online or offline.

megree reserves the right to change any and all content, software and other items used or contained in megree services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by megree.

ALL USE OF MEGREE SERVICES IS PROVIDED "AS IS" AND AT THE USER’S OWN RISK.

19. LIMITATION ON LIABILITY

IN NO EVENT WILL megree OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM THE USER’S USE OF MEGREE SERVICES OR ANY CONTENT ASSOCIATED WITH MEGREE SERVICES, EVEN IF megree IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, megree'S LIABILITY TO THE USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER TO megree FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL megree’S LIABILITY TO THE USER EXCEED $50. THE USER ACKNOWLEDGES THAT IF NO FEES ARE PAID TO megree FOR THE SERVICE, THE USER SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM megree, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THE USER, AND THE USER MAY HAVE ADDITIONAL RIGHTS.

20. GOVERNING LAW

By visiting or using any megree services, the User agrees that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between the User and megree. With respect to any disputes or claims not subject to arbitration (as described herein), the User agrees not to commence or prosecute any action in connection therewith other than in the state and federal courts of Delaware, and the User hereby consents to, and waives all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Delaware.

21. ARBITRATION

THE USER AND MEGREE AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE OR MEGREE SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or the User has otherwise violated any of the user conduct rules set forth herein, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under these Terms of Service shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, megree will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by the User related in any way to megree services be instituted more than three (3) years after the cause of action arose.

22. INDEMNITY

The User agrees to indemnify and hold megree, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, the User’s use of megree services, the User’s conduct in connection with megree services or with other users of megree services, or any violation of these Terms of Service or of any law or the rights of any third party.

23. ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between the User and megree regarding the use of megree services, superseding any prior agreements between the User and megree relating to the User’s use of megree services. The failure of megree to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

THE USER HAS READ THESE TERMS OF SERVICE AND AGREE TO ALL THE PROVISIONS CONTAINED HEREIN.

If you have any questions or comments about these Terms of Service, please contact us at info@megree.com (subject line: "TOS Question").

Updated and effective: October 24, 2011

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