Madlad.tv

Terms of Service

Thank you for using Madlad.tv!

These Terms of Service ("Terms") are a binding legal agreement between you and Madlad.tv that govern your use of the websites, applications, and other offereings from Madlad.tv (collectively, the "Madlad Platform"). Madlad.tv ("Madlad") is willing to license and permit use of the Madlad Platform subject at all times to agreement with these Terms. If you do not agree to these Terms, do not use the Madlad Platform.

1. LICENSE

1.1 General Madlad Platform Grant. The Madlad Platform is made available by Madlad, and these Terms provide to you (identified herein as “you” or a “user” or with “your”) a personal (non-commercial), revocable, limited, non-exclusive, nontransferable, and non-sublicensable license to access and use the Madlad Platform conditioned on your continued compliance with these Terms. You also acknowledge and agree to the following: (i) Madlad has the right to control and direct the means, manner, and method by which the Madlad Platform is provided; (ii) Madlad may, from time to time, engage independent contractors, consultants, or subcontractors to aid Madlad in providing the Madlad Platform or use thereof; and (iii) Madlad has the right to provide the Madlad Platform to others.

1.2. Madlad Platform Software Download(s). Madlad may make downloadable software or a mobile application(s) available through or as a part of the Madlad Platform ("Madlad Software"). The right to use tje Madlad Software is provided as a part of the grant (above) to use the Madlad Platform in accordance with these Terms and subject to the following additional obligations. You may only use the Madlad Software on a device or hardware that you own or control and as a part of your use of the Madlad Platform.

1.3. Content Available Through the Madlad Platform. In connection with the foregoing grant to use the Madlad Platform, the Madlad Platform allows you to view or otherwise access original Madlad or third party Content. “Content” includes, but is not limited to, text, graphics, photos, sounds, audio, and videos in the form of, by way of example and not limitation, podcasts, videos, and music. The availability of such Content may change and not all Content is available in all formats. Use of the Content is subject to the license grant for the Madlad Platform, but in addition, shall remain non-transferable and may be subject to additional license grant terms set by the respective third party licensor(s). Third-party Content displayed or accessible through the Madlad Platform is protected by copyright and other intellectual property law and belongs to the respective owner(s) or licensor(s). These Terms do not grant you the right to copy (further), distribute, prepare derivative works, publicly display, or otherwise use any Content. You are expressly prohibited from engaging in or facilitating the unauthorized sharing or distribution of Content.

1.4. Madlad Platform Updates. Madlad may, but is not obligated to, update the Madlad Platform with updates, upgrades, enhancements, improvements, additions, new or incremental features or functionality of and generally made available through the Madlad Platform (as determined by Madlad in its sole discretion), or modifications that are provided as part of product support and any other support or maintenance services that Madlad provides as part of or otherwise in connection with the Madlad Platform. In some instances, you may be required to consent to or to agree to use and implement an applicable Madlad Platform Update in a timely manner, including, without limitation, as a means to protect the Madlad Platform from unauthorized use, content, or data. If you decline a Madlad Platform Update, you may not be able to use or access the Madlad Platform (in whole or in part), and Madlad shall have no responsibility or liability for any continued use. Unless otherwise indicated, references to the Madlad Platform include any Madlad Platform Updates.

1.5. Support. These Terms do not entitle you to any support or installation service (collectively, “Support”). Any such Support that may be made available by Madlad, in its sole discretion, shall be subject to separate terms and conditions with Madlad.

1.6. Authorized User(s). Subject to any third party license restrictions for applicable Content, you may enable members of your immediate family and for whom you will be responsible (each, an “Authorized User(s)”) to access and use the Madlad Platform so long as all such use remains in compliance with these Terms. Nevertheless, you acknowledge and agree that you shall be responsible for monitoring your own and your Authorized User(s)’s use of the Madlad Platform and for maintaining compliance with these Terms and any third party license restrictions for applicable Content. Any breach of these Terms by an Authorized User(s) shall constitute a breach by you. Unless otherwise indicated, references to “you” or “your” throughout these Terms therefore mean you, your Authorized User(s), and the person or entity named on your account with Madlad.

2. LICENSE GRANT RESTRICTIONS

These Terms are only a license and not an assignment or sale. Madlad transfers no ownership or intellectual property interest or title in and to the PleMadlad Platform to you or anyone else. Further, Madlad reserves all rights not expressly granted by these Terms. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense (other than to an Authorized User(s)), transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by Madlad) the Madlad Platform. In particular, and without limitation of the foregoing, there is no right to distribute further the Madlad Software to the public or in excess of the limited license (above). Moreover, these terms does not grant any right to modify the Madlad Software or provide a right or license in or to any third-party executable module(s) or accessible content beyond the limited and express grant herein.

3. GENERAL USER OBLIGATIONS

You represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Madlad Platform, including, without limitation, when you provide information via a Madlad Platform registration, account, or submission form. You are responsible for completing any registration(s) or account requirements for access to applicable third party Content available through the Madlad Platform. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Madlad Platform only with the involvement and acceptance of (these Terms by) a parent or legal guardian and then solely as an Authorized User under a parent or legal guardian’s account. You further represent that you (or the person agreeing to, accepting, or acting under these Terms) are authorized to act on behalf of the person or entity named on the account with Madlad. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Madlad Platform. In particular, you may not take any action that will infringe on the intellectual property rights of Madlad or any other third party. You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. You also acknowledge and agree that use of the Internet and the Madlad Platform is solely at your own risk. You further understand that by using the Madlad Platform you may encounter content that you may find offensive, indecent, or objectionable. You assume all responsibility for obtaining and paying for all licenses and costs for third-party software and hardware necessary for access to the Madlad Platform, and for maintaining and backing-up your content and data.

4. USER CONTENT & ACCEPTABLE USER

The Madlad Platform enables you to access content, data, communication, and other interactive features and functionality (with such uploaded, downloaded, shared, or exchanged information or content referenced collectively herein as a “User Content”). Distribution of User Content may be subject to third-party rights. You agree that by using the Madlad Platform you will not upload, post, display, or transmit any of the following: anything which defames, harasses, threatens, offends, or in any way violates or infringes on the rights (including, without limitation, patents, copyrights, or trademark rights) of others; anything which may damage, lessen, or harm the goodwill or reputation of Madlad and its services; anything which involves the impersonation of any other person or entity; anything which constitutes viral or harmful programming code, files, or software; anything which constitutes junk mail, spam, or unauthorized advertising; or anything which is unlawful. Madlad reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the display or availability of any User Content. Further, Madlad shall not have any obligation to incorporate or utilize any User Content that does not correspond to or meet Madlad’s technical or usage practices, parameters, and limits.

5. PERMISSION TO USE USER CONTENT

You continue to retain any ownership rights you have in the User Content you make available to Madlad and/or the Madlad Platform. However, by submitting or making available any type of User Content, you automatically and hereby grant to Madlad a royalty-free, transferable, sub-licensable and non-exclusive right and license to use or act on any such User Content in furtherance of and in connection with the operation of the Madlad Platform. The rights you grant are limited to the purpose of providing and operating the Madlad Platform. You specifically acknowledge that the Madlad Platform facilitates distribution of the User Content, and as a part of the foregoing grant, you permit any user with whom you share content a non-exclusive license to access and use the User Content through the Madlad Platform as permitted through the functionality of the Madlad Platform. You represent that you have all necessary rights to make the foregoing grants and to otherwise make User Content(s) available to Madlad and for (and through) the Madlad Platform.

6. NO PRE-SCREENING OF USER CONTENT; REMOVAL

Madlad is not responsible for pre-screening or editing your or any other user’s User Content, support forum posts, or any other communications and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any such content or communications. Moreover, Madlad does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by Madlad) and does not make any representation with respect to, nor does it endorse the accuracy, integrity, quality, acceptability, completeness, timeliness, lawfulness, suitability, or reliability of any User Content or communications displayed, uploaded, or distributed by you or any other user. You also acknowledge that Madlad has no control over the extent to which any idea, content, or information may be used by any party or person once it’s posted, shared, or displayed. Nevertheless, Madlad reserves the right to take any action within its control with respect to User Content (or parts thereof), support forum posts, or any other communications that Madlad reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; (v) protect the rights, property, or safety of Madlad, its users, or the public; or (vi) address any act or omission that Madlad believes in good faith violates these Terms and/or is, or is potentially, unlawful or harmful to Madlad, its services, or goodwill.

7. ACCOUNT

You may be required to provide certain personal information necessary to create an account with Madlad. You may be required to create login credentials, such as a user name and password, or adhere to other particular access requirements as designated by Madlad in its sole discretion from time to time. You are solely responsible for the activity that occurs on your account and agree to keep your login credentials confidential and secure. You acknowledge that Madlad may not provide controls that restrict the maturity level of content available through the Madlad Platform. If you allow your child (under the age of 18 or the legal age of majority, whichever is greater) to access your Madlad account, you are solely responsible for monitoring your child’s use of the Madlad Platform and determining what maturity level is appropriate for or accessible to your child. You shall immediately notify Madlad if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.

8. PROPRIETARY RIGHTS

The Madlad Platform is owned by Madlad.tv or its licensor(s). Copyright 2021 © Madlad.tv and/or its licensor(s). All rights reserved. All content available through the Madlad Platform, unless otherwise indicated, is protected by copyright, trade secret, or other intellectual property laws.

9. THIRD-PARTY CONTENT

Third-party content displayed or accessible through the Madlad Platform is protected by copyright and other intellectual property law and belongs to the respective owner. Use of the third-party content is subject to the terms of use of the third party providing such content. These Terms does not grant you the right to copy, distribute, prepare derivative works, publicly display, or otherwise use any third-party content. You are expressly prohibited from engaging in or facilitating the unauthorized sharing or distribution of third-party content.

It is Madlad's policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

10. CONFIDENTIALITY

You acknowledge and agree that the Madlad Platform contains confidential or nonpublic information that is the trade secret(s) of Madlad and/or its licensors (the “Confidential Information”). You agree to secure and protect the confidentiality of the Confidential Information of Madlad (and/or its licensors) in a manner consistent with the maintenance of Madlad’s rights therein, using at least as great a degree of care as you use to maintain the confidentiality of your own confidential information of a similar nature, but in no event using less than reasonable efforts. You shall not, nor permit any third party to, sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information to third parties, except as expressly authorized in these Terms.

11. FEEDBACK

Madlad welcomes your feedback and suggestions about Madlad’s products or services or with respect to how to improve the Madlad Platform. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Madlad, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Madlad and enable Madlad to use such Feedback. In addition, any Feedback received by Madlad will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for Madlad to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.

12. LINKS TO OTHER SITES OR APPLICATIONS

Madlad may provide links, in its sole discretion, to other sites or applications on the Internet. Such other sites are maintained by third parties over which Madlad exercises no control. These links do not imply an endorsement with respect to any third party or any third-party web site or the information, products, or services provided by any third party. Madlad encourages review of the applicable terms, conditions or notices governing use of these third party sites or applications.

13. ADDITIONAL TERMS AND CONDITIONS

Additional notices, terms, and conditions may apply to certain subscription arrangements (including sign-up or registration), Madlad products, solutions, or services, receipt of (or access to) certain content, participation in a particular program, and/or to specific portions or features of the Madlad Platform. Without limitation of the foregoing, you hereby agree that (a) these Terms operate in addition to any terms of use imposed or required by any digital download platform from which you download the Madlad Platform (“App Provider Terms”); and (b) the terms of these Terms supplement and do not alter or amend any such App Provider Terms.

14. PRIVACY POLICY

Please see Madlad’s Privacy Policy for a summary of Madlad’s personally identifiable information collection and use practices. Madlad is not responsible for your use of Interfacing Software or of and any data collection or related usage practices associated with your operation or maintenance of any Interfacing Software. You further agree that any notices, agreements, disclosures, or other communications that Madlad sends you electronically (using the contact information you provide through the Madlad Platform) will satisfy any legal communication requirements.

15. REPRESENTATION(S)

You represent and warrant that (i) the person accepting these Terms has the legal authority to bind the named person on the account, and (ii) he or she has the right, power, and authority to (a) enter into these Terms, (b) make the respective and applicable representations and warranties contained herein, and (c) commit to and perform the respective duties, obligations, and covenants set forth hereunder.

16. DISCLAIMER

THE MADLAD PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MADLAD MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE MADLAD PLATFORM AT ANY TIME AND FOR ANY REASON. OTHER THAN THE RIGHT TO FULFILL ITS OBLIGATIONS UNDER THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MADLAD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF INTERFERENCE WITH ENJOYMENT OF INFORMATION, SECURITY, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, YOU ACKNOWLEDGE AND AGREE THAT MADLAD DOES NOT WARRANT THAT THE MADLAD PLATFORM WILL OPERATE FREE OF VIRUSES, MALWARE, OR HARMFUL PROGRAMMING SOFTWARE (OR CODE), ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS OR MEET ANY LEGAL, TECHNICAL, OR CERTIFICATION STANDARD. BECAUSE THE MADLAD PLATFORM IS BASED ON YOUR CONTENT AND DATA, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MADLAD PLATFORM IS WITH YOU. IF THIS DISCLAIMER OF WARRANTY IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION IN ANY MANNER, THEN ALL EXPRESS AND/OR IMPLIED WARRANTIES MANDATED BY SUCH COURT SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT OF THE INITIAL PERIOD FOR THE MADLAD PLATFORM AND NO WARRANTIES SHALL APPLY AFTER THIS THIRTY (30) DAY PERIOD.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY ABSOLVE AND RELEASE MADLAD FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND MADLAD’S CONTROL, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED BY HARDWARE, FILES, SYSTEMS, SOFTWARE, SERVICES, OR NETWORKS OUTSIDE THE CONTROL OF MADLAD. MADLAD IS NOT RESPONSIBLE OR LIABLE FOR YOUR OR ANY OTHER PERSON’S USE OF ANY INTERFACING SOFTWARE (OUTSIDE ITS CONTROL). MOREOVER, ALL USER CONTENT (OR OTHER DATA OR CONTENT) YOU ACCESS THROUGH THE MADLAD PLATFORM IS AT YOUR OWN RISK. IN CONNECTION THEREWITH, YOU SPECIFICALLY ACKNOWLEDGE THAT MADLAD SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE (OR DELAY IN USE) OF OR FAILURE TO STORE ANY DATA OR CONTENT MADE AVAILABLE THROUGH THE MADLAD PLATFORM AND SHALL NOT BE LIABLE FOR ANY USE OF ANY USER CONTENT BY OTHERS, INCLUDING YOUR AUTHORIZED USERS. MOREOVER, IN NO EVENT SHALL MADLAD BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MADLAD PLATFORM OR WITH THE DELAY OR INABILITY TO USE THE MADLAD PLATFORM, EVEN IF MADLAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF MADLAD FOR BREACH OF THESE TERMS IS CESSATION OF USE OF THE MADLAD PLATFORM AND FOR ANY OTHER REASON RELATED TO OR ARISING OUT OF YOUR USE OF THE MADLAD PLATFORM WHATSOEVER FOR AN AMOUNT NOT EXCEEDING $100 OR THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO MADLAD DURING THE PAST THREE MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE MADLAD PLATFORM, WHICHEVER IS GREATER. You and Madlad agree to only bring claims arising from these Terms on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and Madlad agree otherwise, more than one person’s or party’s claims may not be consolidated. You and Madlad agree that relief (including monetary, injunctive, and declaratory relief) may be awarded only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

18. INDEMNIFICATION

You agree to indemnify, defend, and hold Madlad (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including, without limitation, attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of these Terms, your Interfacing Software, or for any violation or alleged violation of the rights (including, without limitation, patents, copyrights, or trademark rights) of any other person or entity by your User Content.

19. ARBITRATION

You agree that all disputes between you and Madlad (whether or not such dispute involves a third party) with regard to your relationship with Madlad, including, without limitation, disputes related to these Terms, your use of the Madlad Platform, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration. Without limiting Madlad’s right to seek injunctive or other equitable relief (as set forth below), any disputes arising with respect to these Terms between you and Madlad (“parties”) shall be referred to an arbitrator affiliated with the Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. Arbitration shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure Section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding shall be carried on and heard in Santa Clara County, California using the English language. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and reasonable attorneys’ fees from the other party. You may bring claims only on your own behalf. Neither you nor Madlad will participate in a class-wide arbitration for any claims covered by these Terms. This dispute resolution provision will be governed by the Federal Arbitration Act.

20. GOVERNING LAW

The Madlad Platform is controlled and operated by Madlad from its offices within the United States. These Terms has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. You access and use the Madlad Platform on your own volition and are responsible for compliance with all applicable laws with respect to your access and use of the Madlad Platform. Additionally, Madlad’s headquarters are located in the United States. Please be aware that information you provide to Madlad, or that Madlad obtains as a result of your use of the Madlad Platform, may be processed and transferred to the United States and be subject to United States law. Subject to the foregoing arbitration right, any action to enforce these Terms will be brought in the courts presiding in the Superior Court of Santa Clara County and the United States District Court for the Northern District of California, and all parties to these Terms expressly agree to be subject to the jurisdiction of such courts. You and Madlad waive trial by jury. Moreover, you may bring claims only on your own behalf. Neither you nor Madlad will participate in a class action or class-wide arbitration for any claims covered by these Terms. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Madlad is a party to the proceeding.

21. COMMUNICATIONS AND NOTICE

Any communication(s) or notice (and any related materials or information) to be sent pursuant to these Terms shall be in the English language and shall be deemed provided: (a) upon receipt if by personal delivery; (b) upon receipt if sent by certified or registered U.S. Mail (return receipt requested); (c) one day after it is sent if by next-day delivery by a major commercial delivery service; or (d) with respect to termination of these Terms or for information applicable generally to end users of the Madlad Platform, to the email address designated by you.

22. EXPORT CONTROL AND LEGAL COMPLIANCE

You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws, (ii) you are solely responsible for ensuring that the Madlad Platform is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) you will not re-export or transfer the Madlad Platform, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.

23. ENFORCING SECURITY

You may not use the Madlad Platform or any of Madlad’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Madlad data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Madlad system or network, circumventing any Madlad security or authentication measures, monitoring Madlad data or traffic, interfering with any Madlad services, collecting or using from the Madlad Platform email addresses, screen names, or other identifiers, collecting or using from the Madlad Platform information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Madlad Platform to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that it likely to result in retaliation against Madlad or its data, systems, or network. Actual or attempted unauthorized use of the Madlad Platform may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Madlad reserves the right to view, monitor, and record activity through the Madlad Platform without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity through the Madlad Platform as well as to disclosures required by or under applicable law or related government agency actions. Madlad will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Madlad reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Madlad Platform, or any portion of the Madlad Platform in order to protect the Madlad Platform or Madlad.

24. INJUNCTIVE RELIEF

You acknowledge that any breach, threatened or actual, of these Terms, including, without limitation, with respect to unauthorized use of Madlad proprietary assets, will cause irreparable injury to Madlad, such injury would not be quantifiable in monetary damages, and Madlad would not have an adequate remedy at law. You therefore agree that Madlad shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms. Accordingly, you hereby waive any requirement that Madlad post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Madlad to enforce any provision of these Terms.

25. TERM AND TERMINATION

These Terms will take effect (or re-take effect) at the (and each) time you begin installing, accessing, or using the Madlad Platform, WHICHEVER IS EARLIEST, and is effective until terminated as set forth below. Madlad reserves the right to terminate these Terms at any time on reasonable grounds, which shall specifically include, without limitation, discontinuation of the Madlad Platform (or related services) as an offering of the Madlad business, nonpayment, termination of account, fraudulent or unlawful activity, or actions or omissions that violate these Terms, subject to the survival rights of certain provisions identified below. In addition, Madlad shall have the right to take appropriate administrative and/or legal action in the event of breach or (alleged) criminal activity, including alerting legal authorities, as it deems necessary in its sole discretion. You may also terminate these Terms at any time by providing Madlad with notice of cancellation, but all applicable provisions of these Terms will survive termination, as identified below. Upon termination and in accordance with law, your right to access and use the Madlad Platform shall cease (regardless of the subscription period) and you must immediately destroy all copies of any aspect of the Madlad Platform in your possession. Termination shall result in deactivation or deletion of your account with Madlad. The provisions concerning Content, License Grant Restrictions, Proprietary Rights, Permission to Use User Content, Proprietary Rights, Feedback, Confidentiality, Additional Terms and Conditions, Disclaimer of Warranty, Limitation of Liability, Indemnification (for a period of one year after termination), Arbitration, Governing Law, Enforcing Security, Injunctive Relief, Term and Termination, Waiver & Severability, and Entire Agreement will survive the termination of these Terms for any reason. Further, Madlad shall not be responsible for any damage that may result or arise out of termination of these Terms.

26. WAIVER & SEVERABILITY

Failure to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by Madlad of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable, provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.

27. ENTIRE AGREEMENT

No joint venture, partnership, employment, or agency relationship exists between you and Madlad as a result of these Terms or your utilization of the Madlad Platform, and you do not have any authority of any kind to bind Madlad in any respect whatsoever. These Terms represents the entire agreement between you and Madlad with respect to your individual use of the Madlad Platform. These Terms is not assignable, transferable, or sub-licensable by you except with Madlad’s prior written consent. Madlad may transfer, assign, or delegate these Terms and its rights and obligations without consent. Please note that Madlad reserves the right to change the terms and conditions of these Terms and the terms and conditions under which the Madlad Platform and its offerings are extended to you by posting online a revised TOS or mailing and/or e-mailing notice thereof to you. In addition, Madlad may add, modify, or delete any aspect, program, functionality, or feature of the Madlad Platform. Your continued use of the Madlad Platform following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of these Terms. Accordingly, please review these Terms found at this location on a periodic basis.

28. CONTACT INFORMATION

If you have questions regarding the Madlad Platform or if you are interested in obtaining more information concerning Madlad or its products, services, or solutions, please contact Madlad.