The following Terms apply when you purchase in a CheckMedia «Advance Go-to-Market strategy» package on behalf of your organization, or use any of our services.
Who are we? We are CheckMedia
Who are you? You are a customer, or you represent a customer, of our CheckMedia Service (as defined below).
A few things You should know right away:
By providing us with your email, you agree to receive email updates on our product or events. You can change your mind at any time and unsubscribe from emails by clicking the “unsubscribe” link located at the bottom of every marketing email or by emailing email@example.com.
Article 1: Payments, Refunds and Referrals
1.2 Credit Card Disputes/Chargebacks
CheckMedia has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at CheckMedia’s discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
If the product you purchased is not what you were expecting, you can request, within 30 days of your purchase, that CheckMedia credit/refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners. No credit or refund is due to you if you request it after the 30-day time limit has passed.
To request a credit/refund email us directly at firstname.lastname@example.org
At our discretion, if we believe you are abusing our refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to our services due to your violation of these Terms or our Trust & Safety Guidelines, you will not be eligible to receive any credit or refund.
All pricing for products on the CheckMedia website are listed in Euro unless otherwise labeled. We do not enable users to see pricing in other currencies.
We run promotions for some services through the use of promotion codes at checkout. These promotions are available for a set period of time. The price applicable to our services will be the price at the time you complete your purchase at checkout. Product prices may be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to website members/logged-in users only.
1.6 Referral Program
The CheckMedia Referral program is a way for registered users to earn money by giving their personal referral code to personal connections. The referral payout amount is calculated from an order’s retail price total (before discount and shipping are applied). Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections. Referral codes should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as on coupon websites or online forums). Any referral codes found on such places will be disqualified from the program indefinitely.
CheckMedia’s payment and pricing policies are subject to change without notice.
Article 2: Definitions
“Authorized User” means any of Your employees, consultants, contractors or agents authorized to access and use the CheckMedia Service on behalf of Your business, in each case subject to such person’s agreement to be bound by these Terms.
“Front End Code” means our user interface display and usability platform. This includes, but is not limited to, the layout, color scheme, HTML pages and source code, etc.
“CheckMedia Materials” means any documentation, user guides, or other similar materials provided by CheckMedia to You in connection with Your use of the CheckMedia Service.
“CheckMedia Service” means any of the CheckMedia Services that are developed, operated, and maintained by checkMedia (and its third party service providers) and that are subscribed to through a CheckMedia branded or controlled website that includes a link to or makes reference to these Terms. The definition of CheckMedia Service does not include any Affiliate Services (as defined below) that may be purchased by You from CheckMedia.
“Order Form” means any online or written subscription order form, purchase form or contract for the CheckMedia Service or for Affiliate Services submitted by You either during an online subscription or purchase process or separately signed by You and submitted to CheckMedia, and any future purchase order, contract, or order form that makes reference to these Terms.
“Service Agreement” means any electronic or written signed agreement You have entered into for the provision of services by CheckMedia.
“Affiliate Services” means any service not developed, operated, and maintained by CheckMedia.
“Subscription Term” means the use term for the CheckMedia Service set forth on Your Order Form or Service Agreement and any additional renewals of such term.
“Third Party Content” means the content, including software code and software-as-a-service offerings, that a CheckMedia partner or other third party may bundle with the CheckMedia.
“Your Data” means registration information and other information relating to Your Authorized Users, and information relating to Your customers, contacts, business, marketing, and finances, and any similar data that You submit to the CheckMedia.
Article 3: Accounts
THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY CheckMedia OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By using or registering an account for the Website, You represent (a) that You have not been previously suspended or removed from the Website by CheckMedia; (b) that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to Your use of the Website; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
In order to use certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to CheckMedia, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify the CheckMedia Data Protection Officer at email@example.com.
3.2 Child User
If You are a User of the Website and are under the age of 13 (“Child User”), You may not register an account for the Website without consent and approval from your legal parent or guardian. A Child User that begins the registration process for himself or herself without a Parent User may have the registration process restricted until a Parent User approves or assumes responsibility for the Child User account. Additionally, a Child User may use the Website if registered through certain educational organizations or, in certain cases (as defined below), by Group Leaders that have entered into a relationship directly with CheckMedia and through which education organization or Group Leaders the legal parent and/or guardian of such Child User has consented to use of the Website.
3.3 Parent User
If You are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Website, You may register a parent account on the Website (“Parent User”). As a Parent User, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that CheckMedia may choose, but is not obligated, to make any inquiries, either directly or through third parties, that CheckMedia deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. CheckMedia reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT CheckMedia CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND CheckMedia IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR A COACH DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by CheckMedia at any time and without warning for any failure to abide by these Terms.
3.4 Group Leader
CheckMedia may make available certain features and tools that permit certain Users (such as, for example, employers, training administrators, schools, educators) to work with employees, students and other Users through the Website in order to provide such employees, students and other Users with training/education-related services, and to review and evaluate training/educational achievement and progress of such students and other Users (each a “Group Leader”). IF YOU ARE A GROUP LEADER AND YOU REGISTER AN ACCOUNT FOR A CHILD USER, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED EXPRESS CONSENT FROM SUCH CHILD USER’S PARENT OR LEGAL GUARDIAN FOR YOU TO REGISTER THE CHILD USER FOR THE WEBSITE AND FOR YOU TO PROVIDE TO CheckMedia THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH CHILD USER. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER, FOR SO LONG AS THE CHILD USER IS NOT OTHERWISE ASSOCIATED WITH OR ASSUMED BY A VALID PARENT USER ACCOUNT. You hereby agree to indemnify, defend and hold harmless CheckMedia against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your violation of any provision, representation or warranty this Section 1.4; (b) the use of the Website by the Child User; (c) your failure to obtain sufficient parental or legal guardian consent; (d) your registration of the Child User, or (e) any other action related to the Child User.
Article 4: Use Rights and Restrictions
4.1 Use Rights; Restrictions
Subject to these Terms, CheckMedia grants to You during the Subscription Term the non-transferable (except as permitted below), non-exclusive right to permit Your Authorized Users to access and use the CheckMedia (and any CheckMedia provided to You) to allow You to perform functions that the CheckMedia Service is designed to perform, subject to the following restrictions: (i) Your use of the CheckMedia Service may not be on behalf of third parties unless a separate agreement between You and CheckMedia permits use of the CheckMedia Service on behalf of Your third party users (and in such case limited to use on behalf of third party users for whom You have purchased access and use rights); (ii) except as expressly permitted herein or in a separate partner agreement between You and CheckMedia, You may not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource otherwise commercially exploit or make the CheckMedia Service or the CheckMedia Materials available to any third party; (iii) You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the CheckMedia Service or CheckMedia Materials (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law), or access or use the CheckMedia Service or CheckMedia Materials in order to build a similar or competitive product or service; (iv) Your use of the CheckMedia Service shall conform with the restrictions set forth in the Order Form or Service Agreement for the level of subscription/number of licenses purchased by You (CheckMedia may monitor Your compliance with these limits and if it detects overuse require that You upgrade to the appropriate higher subscription level).
4.2 Technical Support
During the Subscription Term, You will be entitled at no extra charge to access standard technical support resources for the CheckMedia Service that may be offered by CheckMedia from time to time.
4.3 Intellectual Property Rights
You acknowledge and agree that CheckMedia retains all proprietary rights in and to the CheckMedia website (checkmedia.com) which we may update from time to time. CheckMedia also retains all right, title and interest (including all copyrights, patents, service marks, trademarks and other intellectual property rights) in and to the CheckMedia Service and CheckMedia Materials (including application development, business and technical methodologies, and implementation and business processes, used by CheckMedia to develop or provide CheckMedia Service or CheckMedia Materials), and any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes relating to any of the foregoing. Except for the limited access and use rights granted to You under these Terms, You do not acquire any interest in the CheckMedia Service or CheckMedia Materials. You agree that CheckMedia can use any suggestions, enhancement requests, feedback, recommendations or other information provided by You or any of Your Authorized Users relating to the CheckMedia Service or the CheckMedia Materials without restriction or obligation to You.
4.4 Additional Restrictions
You are expressly prohibited from using any Front End Code for any purpose outside of the intended design and implementation of Your authorized use of the CheckMedia. Any replication or use of any aspect of the Front End Code or other CheckMedia application or Affiliate Services for any purpose designed or intended to compete with CheckMedia’s solutions is strictly prohibited.
Article 5: Data Protection
5.1 Ownership of Your Data
As between You and CheckMedia, Your Data is and will remain Your property. You grant CheckMedia a non-exclusive right to use, copy, distribute and display Your Data solely in connection with CheckMedia’s operation of the CheckMedia Service on Your behalf. You, not CheckMedia, have sole responsibility for the accuracy, integrity, and reliability of Your Data, and CheckMedia will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data.
5.2 Notification of Decreased Protection Standards Event
CheckMedia agrees to promptly notify You if CheckMedia becomes unable to satisfy its obligations under this Article III on Data Protection or Article V on Confidentiality.
Article 6: Fees
The fees for the CheckMedia Service and any additional Affiliate Services (“Fees”) are set forth in the Order Form or Service Agreement and are payable in advance, irrevocable and non-refundable except as set forth in the Order Form or Service Agreement and these Terms. You agree to provide CheckMedia with complete and accurate billing and contact information. Where payment by credit card is indicated in the Order Form or Service Agreement, or You otherwise provide CheckMedia with credit card information, You authorize CheckMedia to bill such credit card (a) at the time that You order the CheckMedia Service or other Affiliate Services Services set forth in the Order Form or Service Agreement, (b) for any billing frequency otherwise established in the Order Form or Service Agreement, and (c) at the time of any renewal, for the amount charged plus any applicable sales taxes for any renewed Subscription Term. If CheckMedia, in its discretion, permits You to make payment using a method other than a credit card, CheckMedia will invoice You at the time of the initial Order Form or Service Agreement and thereafter on a agreed upon billing period, and all such amounts invoiced will be due within ten (10) days of Your receipt of CheckMedia’s invoice.
6.2 Non-Payment; Other Suspension Rights
CheckMedia may terminate the CheckMedia Service if the billing or contact information provided by You is false or fraudulent. CheckMedia also reserves the right, in its discretion, to suspend or cancel Your access and/or use of the CheckMedia Service: (i) where any payment is due but unpaid under any Order Form or Service Agreement or account associated with You and You have been requested but failed to promptly cure such payment failure; or (ii) in the event a dispute arises on Your account as to who at Your business has authority to act or manage Your account and CheckMedia is not promptly provided with written instructions from the interested parties associated with Your account that fully resolves the dispute. You acknowledge and agree that it a dispute arises as to management of Your account, then (i) if the listed owner of the account is a corporation, limited liability company or other registered entity, CheckMedia may rely on public records (to the extent available) concerning the appropriate authorized executives or managers of Your entity; or (ii) if the listed owner is a dba or sole proprietorship, or any other entity for which public records of control are not readily accessible online, CheckMedia may assume that the person or entity that has been making payments on Your account has the authority to manage the account. You agree that CheckMedia shall not be liable to You nor to any third party for any suspension or cancellation of the CheckMedia Service resulting from Your non-payment of Fees or from a dispute as to the management rights to Your account.
Article 7: Confidentiality, Use of Names
7.1 Confidential Information
For purposes of this Agreement, confidential information shall include the business terms in the Order Form or Service Agreement, Your Data, the CheckMedia Materials, and any information that is clearly identified in writing at the time of disclosure as confidential or that should be reasonably understood to be confidential by the receiving party given the nature of the information and the circumstances of its disclosure (“Confidential Information”). Each party agrees: (a) to receive and maintain in confidence all Confidential Information disclosed to it by the other party or by a third-party; (b) not to use the Confidential Information of the other party except to the extent necessary to perform its obligations or exercise rights hereunder; (c) to limit the internal dissemination of Confidential Information to those employees and contractors of the recipient who have a need to know and an obligation to protect it; and (d) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information). CheckMedia will restrict its employees’ access to Your Confidential Information to only those employees necessary as determined in CheckMedia’s sole discretion to successfully provide the CheckMedia Service. CheckMedia may disclose Confidential Information on a need-to-know basis to its contractors who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services for CheckMedia in connection with the performance of this Agreement. Except for personal information within Your Data which is at all times understood to be Confidential Information notwithstanding anything to the contrary in these Terms, Confidential Information shall not include information that: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the recipient, subsequent to disclosure by the disclosing party; or (4) the recipient becomes aware of from a third party not bound by non-disclosure obligations to the disclosing party and with the lawful right to disclose such information to the recipient. This Section will not be construed to prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority. The parties agree to give the other party prompt notice of the receipt of any subpoena or other similar request for such disclosure.
7.2 Credit Card Information
CheckMedia agrees that it or its e-commerce subprocessor will retain and store any provided credit card information only for the minimum amount of time required for business, legal and/or regulatory purposes, and will use standard industry practices to protect such information from unauthorized access, disclosure or use.
7.3 Use of Names in Marketing
You may use CheckMedia’s name and credentials in an appropriate and acceptable manner for Your standard marketing promotions, provided that You agree to cease or alter such use at CheckMedia’s request where such use is contrary to CheckMedia’s branding policies, could cause any brand confusion in the market or is otherwise objectionable to CheckMedia. Similarly, CheckMedia may use Your business name in an appropriate and acceptable manner for standard marketing promotions, provided that CheckMedia agrees to cease or alter such use at Your request where such use is contrary to Your branding policies, could cause any brand confusion in the market or is otherwise objectionable to You. Acceptable and standard marketing promotions include, but are not limited to: client listings, press releases, surveys, interviews, reputable business publications, television, and web site presentation and promotion, etc.
Article 8: Term & Termination
8.1 Standard Term
Unless a different Term is specified in a signed Order Form or Service Agreement between You and CheckMedia, the Initial Term of Your subscription to an CheckMedia Service will begin on the submission or execution of Your Order Form or Service Agreement and shall continue until the subscription is terminated as provided for in this Article 6.
8.2 Notice of Non-Renewal
Either party may terminate the Subscription Term to an CheckMedia Service by providing prior written notice of non-renewal to the other party at least 30 days prior to the end of the then-current Subscription Term. CheckMedia’s termination rights are in addition to any termination or suspension rights it may have under these Terms or any incorporated policy.
8.3 Effect of Termination
Upon termination of the Subscription Term, all Fees then due and payable to CheckMedia must be paid in full. Contingent upon its receipt of all such Fees, CheckMedia will continue to make Your Data available for downloading for 30 days after the termination date. Following this 30-day grace period, CheckMedia may remove Your Data from the production environment for the CheckMedia Service. The provisions of these Terms which by their nature are intended to survive expiration or termination, including but not limited to obligations concerning confidentiality, protection of intellectual property, indemnification and payment of unpaid Fees and expenses, shall survive any termination.
Article 9: Warranties, Limitation of Liability, and Indemnity
9.1 Limited Warranties
- By CheckMedia.
CheckMedia warrants for a period of 30 days following their delivery that all CheckMedia Services provided hereunder will be performed in a workmanlike manner, in substantial conformity with the professional standards for comparable services in the industry. For any material breach of this warranty timely reported by You, Your exclusive remedy shall be the re-performance of the deficient CheckMedia Services, and if CheckMedia Prep is unable to re-perform the deficient CheckMedia Services as warranted, You shall be entitled to recover the portion of the Fees paid to CheckMedia for such deficient CheckMedia Services, and such refund shall be CheckMedia’s entire liability.
- By You.
You warrant that You or Your business shall comply with these Terms and with all applicable federal, state and local laws and regulations, as well as all incorporated policies, in connection with Your use of the CheckMedia Service, and.
- Affiliate Services.
All affiliate services included or sold with the CheckMedia Service are provided solely according to the warranty and other terms specified by the affiliate, who is solely responsible for service and support for its product. For service, support, or warranty assistance, You should contact the affiliate directly. CheckMedia MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH AFFILIATE PRODUCTS. IN NO EVENT WILL CheckMedia BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE AFFILIATE PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM.
9.2 CheckMedia Not Responsible for Third Party Content
The CheckMedia may be bundled by third parties (including but not limited to CheckMedia marketing or content partners) with Third Party Content designed to facilitate use of the CheckMedia Service in certain market niches or to customize the CheckMedia Service for use by certain categories of target customers. To the extent that You either purchase the CheckMedia Service from such third parties or acquire the Third Party Content or configuration services from such third parties (even though You may purchase the core CheckMedia Service directly from CheckMedia), CheckMedia does not warrant in any manner and will not be responsible for such Third Party Content and You agree to look solely to the relevant third party provider (and not CheckMedia) if and to the extent that You have any complaints or issues relating to the Third Party Content or its interaction with an CheckMedia Service.
9.3 Warranty Disclaimers
Each party disclaims all other warranties, including but not limited to warranties of merchantability, title, uninterrupted service or fitness for a particular purpose. You acknowledge that CheckMedia specifically disclaims all warranties relating to the CheckMedia service.
You agree to indemnify and hold CheckMedia harmless from and defend CheckMedia against any third party or government claims, including all related damages, costs and expenses (including reasonable attorneys’ fees), that arise due to Your violation of law or breach of these Terms, including any losses that result from claims You make that are prohibited under any provision of these Terms, such as the Limitation of Liability section below, or any other section.
9.5 Limitation of Liability
In no event will CheckMedia be liable to you for any indirect, special, incidental, punitive or consequential damages, including, but not limited to, loss of data, loss of business or other loss arising out of or resulting from this agreement even if it has been advised of the possibility of such damages. The foregoing shall apply regardless of whether such liability sounds in contract, negligence, tort, strict liability or any other theory of legal liability. In addition, in no event will CheckMedia’s cumulative liability under this agreement exceed the amount paid by you to CheckMedia during the service agreement period preceding the alleged liability event.
Article 10: General Provisions
Notices to CheckMedia will only be effective when delivered to firstname.lastname@example.org We may give general notices within the CheckMedia Service, which will be effective when posted. Alternatively, we may give You notice (a) by email or mail to the last known email or physical address that we have on record for You, which will be effective when we send it; or (b) via telephone, by calling the number we have on record for You, which will be effective when we talk with You. It is Your responsibility to keep all Your contact information current.
You do not have a right to assign these Terms without providing prior notice to and obtaining the consent of CheckMedia. Any purported assignment in violation of this Section shall be void. We can assign these Terms without Your consent.
10.3 Integration; Modification
These Terms and any amendments thereto, along with the information incorporated into these Terms (including reference to information contained in a URL or referenced policy), together with any applicable Order Form or Service Agreement, represent the parties’ entire understanding relating to the CheckMedia Service and the CheckMedia Materials, and supersede any prior or contemporaneous, conflicting or additional communications. We may modify all or parts of these Terms at any time. If we revise these Terms, the modified version will not be retroactive and will be effective and binding the day after we post the revised Terms on https://checkmedia.com/terms. We will give You notice of material changes to our Terms, most likely via email or within the CheckMedia Service, though we may instead give You notice by calling to discuss material changes with You. If You object to any changes we make to our Terms, You must give us notice within 10 days after the revised Terms are posted; in this event, Your continued use of the CheckMedia Service will continue to be governed by the Terms in effect prior to Your notice, provided that those Terms will remain in effect only until the expiration or earlier termination of Your then-current Subscription Term. If Your subscription renews at the end of Your Subscription Term, the Terms posted on https://checkmedia.com/terms. at the time of Your renewal will apply to You upon such renewal. If You don’t timely object to changes we make to these Terms by giving us notice as described above, Your continued access to or use of the CheckMedia Service means You have agreed to be bound by the most current version of these Terms which will govern our relationship with You as soon as they become effective. You can always find our most up-to-date terms at https://checkmedia.com/terms. Since we might update these Terms from time to time or at any time, we suggest You review them occasionally and check the “Revised” date which will reflect the date the current version was posted.
10.4 Governing Law
These Terms shall be governed exclusively by the laws of the Estonia, European Union, excluding its conflict of laws rules. We and You agree to the exclusive jurisdiction and venue of the state or federal courts in Tallinn, Estonia for any and all disputes, controversies and claims arising out of or relating to these Terms or concerning the respective rights or obligations of the parties.
10.5 Force Majeure
Except for Your obligation to pay Fees, neither party will be responsible for failure of performance due to causes beyond its control.
You agree that European Union export control laws and other applicable export and import laws govern Your use of the CheckMedia, including CheckMedia technology. You represent that You are neither a citizen of an embargoed country nor prohibited end user under applicable European Union export or anti-terrorism laws, regulations and lists. You agree not to use or export, nor allow a third party to use or export, the CheckMedia Service or technology in any manner that would violate applicable law, including but not limited to applicable export and import control laws and regulations.
If any provision of these Terms is determined to be illegal or unenforceable, that provision will be limited to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
10.8 Relationship of Parties
No joint venture, partnership, employment, or agency relationship exists between CheckMedia and You as a result of these Terms or use of the CheckMedia Service.
The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.