We're glad you're using the Man in the Model X website, YouTube channel and our other products and services, including any participation in Man in the Model X interviews, which we collectively refer to as the "Services."
We've written these Terms of Service (hereinafter, the "Terms") so you'll know the rules that govern our relationship with you. These Terms form a legally binding contract between you and Man in the Model X, LLC (hereinafter, "MITMX," "we" or "us"). Please read the entire document carefully.
By using the Services, you agree to the Terms. If you don't agree with them, you are prohibited from using the Services. We may modify these Terms at any time, and each such modification will be effective upon posting to the Services. All material modifications will apply prospectively only. Your continued use of the Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. Your access to the Services is permitted exclusively for personal and non-commercial use.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND MAN IN THE MODEL X, LLC, AGREE THAT DISPUTES BETWEEN US AND YOU WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MAN IN THE MODEL X, LLC, WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
No one under 13 years of age is allowed to use the Services. We may offer additional Services with additional terms that may require you to be even older to use them.
By using the Services, you state that:
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
MITMX grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services' benefits in a way that these Terms allow.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of the associated software or websites, unless applicable laws prohibit these restrictions or you have our written permission from us or another authorized entity to do so.
Some of our Services require that you provide us or a third party with your first name, last name, email address, mailing address, phone number and/or credit card information. When you do that, you retain whatever rights in that information you had to begin with. But you grant us a license to use that information. EXCLUDING YOUR MAILING ADDRESS AND CREDIT CARD INFORMATION, YOU UNDERSTAND THAT WE MAY MAKE THE INFORMATION YOU PROVIDE TO US PUBLIC, AND YOU AGREE NOT TO HOLD MITMX, ITS EMPLOYEES, OWNERS, DIRECTORS, OFFICERS, CONTRACTORS OR AFFILIATES LIABLE FOR THE RELEASE OF SUCH INFORMATION. MOREOVER, YOU AGREE TO ALLOW MITMX TO SELL SERVICES THAT MAY INCLUDE SUCH INFORMATION WITHOUT ANY RESTRICTIONS OR ROYALTIES, AS FURTHER ESTABLISHED BELOW.
For all Services, you grant MITMX a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish (excluding your mailing address and credit card information), and distribute (excluding your mailing address and credit card information) information you provide to us. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create and sell derivative works from, promote, exhibit, broadcast, syndicate, sell, sublicense, publicly perform, and publicly display information you provide to us (excluding your mailing address and credit card information) in any form and in any and all media or distribution methods (now known or later developed). The rights and licenses you grant MITMX and our business partners by agreeing to these Terms are unrestricted, worldwide, and perpetual. This means, among other things, that you will not be entitled to any compensation from MITMX or our business partners if your first name, last name, email address, or phone number is conveyed through the Services, whether through the MITMX website, MITMX social media pages (YouTube, Twitter, Facebook, Instagram, etc.) or through one of our business partner's platforms.
For more information about who can view the information you provide to us, please take a look at our Privacy Policy.
While we're not required to do so, we may access, review, screen, and delete your information at any time and for any reason, including if we think your information, activities or interaction with the Services violates these Terms. You alone, though, remain responsible for the information you provide to us through the Services.
The Services may contain advertisements. In consideration for MITMX letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain information that you and other users provide us, advertising may sometimes appear near your information.
If you provide us with any feedback or suggestions, we can use such ideas without providing compensation to you.
Some of the information on our Services is provided by website visitors, YouTube channel viewers, publishers, and other third parties. The validity and propriety of the information is the sole responsibility of the person or organization that submitted it. Although MITMX reserves the right to review all information that appears on the Services and to remove any information that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any information that others provide through the Services.
Through these Terms, we make clear that we do not want the Services used inappropriately. But because we do not review all information, we cannot guarantee that information on the Services will always conform to our Terms.
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that MITMX can collect, use, and transfer your information consistent with that policy.
You may not provide information that:
You must also respect MITMX's rights. These Terms do not grant you any right to:
You may not use the Services or the content on the Services in ways that are not authorized by these Terms, nor may you help anyone else in doing so.
The Services are offered for your personal use only and may not be used for commercial purposes. The Services contain information, text, files, images, videos, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of MITMX, its licensors, or assignors ("Company Content"), as well as Content provided by users or other third parties. Content contained in the Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and MITMX, MITMX, its licensors, or its assignors, own and retain all rights in the Company Content. MITMX hereby grants you a limited, revocable, non-sublicensable license to access and display or perform the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with using the Services. Except as provided in this Terms or as explicitly allowed on the Services, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services, including MITMX interviews.
Except as explicitly and expressly permitted by MITMX or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Services or any digital rights management mechanism, device,or other content protection, copy control or access control measure associated with the Content contained in the Services, including geo-filtering mechanisms. Except as necessary in order to make reference to MITMX, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Company Content in any manner.
You may not, without MITMX's written permission, "mirror" any Contents contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by the Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. We reserve the right, in our sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
MITMX honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if MITMX becomes aware that one of its visitors or viewers has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's access to the Services.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright, please email us at modx@cmdrhc.com.
We try hard to keep our Services a safe place for all users, but we can't guarantee it. By using the Services, you agree that:
If you think that someone has gained access to the Services inappropriately or has manipulated the Services, please immediately reach out us at modx@cmdrhc.com.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.
You acknowledge that MITMX reserves the right to charge fees for access to any portion of the Services, including participation in MITMX interviews. MITMX will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription. If we suspend or terminate your account and/or access to the Services because you have breached the Terms or violated applicable law, you will not be entitled to a refund of any unused portion of such fees or other payments.
In connection with a purchase of any of our Services, you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, "Personal Financial Information"), to an independent third party selected by, but not affiliated with, MITMX (the "Processor"). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for the Services shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase of our Services, you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor. You must be 18 years of age or older to make a purchase of our Services.
MITMX makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for Services with the Processor. We do not provide refunds, with the following exceptions: (1) If you purchase MITMX tickets but are unable to attend, we will refund your purchase price if you email us more than 72 hours before the event. (2) If a MITMX event is canceled by us and you are unable to attend the rescheduled event, we will refund your purchase price. We make no warranty for, and to the fullest extent provided by law, accept no liability regarding your purchases of the Services. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, MITMX will in no way be responsible or liable to you for any such breach.
MITMX will not store any record of Personal Financial Information that you provide directly to Processors. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
The Services might become unavailable for any number of reasons, including things like an operational glitch or a decision on our end to terminate your access. As indicated elsewhere in these Terms, we are not obligated to provide the Services to you, and we cannot be held liable for any interruption in access to the Services.
Your use of the Services may take up space on your device, and you may incur mobile data charges.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
If you change or deactivate the email address or phone number you provided to MITMX and you are currently receiving the benefits of Services you purchased, you must provide us with the new information within 72 hours to prevent us from sending to someone else messages intended for you. Email new contact information to modx@cmdrhc.com.
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. MITMX is not responsible or liable for a third party's terms or actions taken under the third party's terms.
We're regularly improving our Services and creating new ones. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
You can terminate these Terms at any time and for any reason by not accessing the Services.
MITMX may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services.
Regardless of who terminates these Terms, both you and MITMX continue to be bound by Sections 3, 6, 9, 10, and 13-22 of the Terms.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless MITMX, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content or information; and (c) your breach of these Terms.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE MITMX ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
MITMX TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT OR INFORMATION THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, STORES OR OTHERWISE PROVIDES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH MITMX WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MITMX AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION, EVEN IF MITMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MITMX'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID MITMX, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND MITMX TO AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND MITMX THROUGH BINDING INDIVIDUAL ARBITRATION.
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and MITMX agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the District of Arizona. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of Arizona, County of Maricopa. You and MITMX consent to the personal jurisdiction of both courts.
Except to the extent they are preempted by U.S. federal law, the laws of Arizona, other than its conflict-of-laws principles, govern these Terms and any claims and disputes arising out of or relating to these Terms or their subject matter, including tort and statutory claims and disputes.
If any provision of these Terms is found invalid or unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. If any provision of these Terms is found invalid or unenforceable,but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
MITMX welcomes comments, questions, concerns, or suggestions. Please send feedback to us at modx@cmdrhc.com. MITMX is located in the United States at 6929 N. Hayden Rd., #404, Scottsdale, AZ 85250.
