TERMS OF PROMOTION SERVICE & PRIVACY POLICY TERMS OF SERVICE OF PROMOTION („Terms") 1. ACCEPTANCE
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the promotion service of the MAYI® mobile application (the „Promotion Service") operated by MB Munich Bavaria GmbH (“MB“, “us", "we", or "our"). This constitutes a non-exclusive promotion agreement between MB Munich Bavaria GmbH, a German corporation (“MB"), the operator of www.mayi-app.com (the “MAYI® Site”), the software, including the Promotion Service (collectively, including all content provided by MB through the “MAYI® Site”,„MAYI® Service“, the „MAYI® Promotion Service" or „Service“), and you (“you” or “You”) when using the Promotion Service. Your access to and use of the Promotion Service is conditioned on your acceptance of and compliance with these Terms of Service and to MB’s privacy policy, integrated herein by reference. These Terms apply to all visitors, users and others who access or use the Promotion Service. By accessing or using the Promotion Service you agree to be bound by these Terms and you expressively agree that the Terms of Service of the MAYI® mobile application (already accepted when opening the app first time) in the full extent are mandatory as well for the Promotion Services. If you disagree with any part of the terms here presented or the terms in full then you may not access or use the Promotion Service.
The Promotion Service comprises certain services, which enables you to promote the app to third persons and being credited with a participation in the revenues generated by in-app-purchases of your promoted users. 2. CONTENT & LINKS TO OTHER WEBSITES
These Terms of Service apply to all the users of the Promotion Service. MB assumes no responsibility for the content, privacy policies, or practices of any third party websites. Our Service may contain links to third-party web sites or services that are not owned or controlled by MB Munich Bavaria GmbH.
MB Munich Bavaria GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that MB shall not be responsible or liable, directly or indirectly, for any damage, claims, loss or other liability caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services, arising from or related to your use of any third-party website.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. 3. MAYI® SERVICE
3.1. MB hereby grants you permission to use the Promotion Service under the condition that: (i) you use of the Promotion Service solely for your personal use and do not resell or charge others for use of or access to the Promotion Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of this Promotion Service in any medium throughout the world in perpetuum without MB 's prior written authorization; (iii) you will not attempt to reverse engineer, change or modify any part of this Promotion Service; and (iv) you will otherwise fully comply with the defined terms and conditions of these Terms of Service of promotion and Privacy Policy.
3.2. Although MB will not be liable for any of your losses whatsoever caused by any unauthorized use of your access and use, you may be liable for the losses of MB or others due to such unauthorized use.
3.3. It is forbidden of ripping the content and any attempt to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal use of MAYI® Service or Promotion Service, as well as any activities that intend to and/or do explore or harm, penetrate, change or test the site. You agree that you will not collect any personally identifiable information from our Promotion Service, nor to use the communication systems provided by our Promotion Service for any commercial solicitation or spam purposes whatsoever and further you agree specifically not to behave in an unethical manner to any user of the Promotion Service. You further warrant not to use any of the information of third parties obtained through the Promotion Service for any unlawful purposes. 4. MAYI® PROMOTION SERVICE
MAYI Promotion Service is completely free of any mandatory financial contributions by you as a promoter.
MAYI Promotion Service is based on a specific discontinuous multi level marketing scheme: It allows you to register free of costs as a promoter (registration ends 30/06/2016) and as a registered promoter at the MAYI® mobile application to participate in revenues from in-app-purchases of users directly promoted by you and in addition to participate in revenues from in-app-purchases of up to 4 further subsequent users (4 levels) deriving from your directly promoted user and in addition to participate also in revenues from in-app-purchases of those subsequent users which have been recommended by your directly promoted users and your further subsequent users, which are not registered as promoter, but using a TELL A FRIEND promotion.
The activity bonus as an additional reward is specified as variable floating multiplier to your regular part of your revenues from in-app-purchases of level 4 and 5 and will be paid if the following conditions are fulfilled: if at least 1 new regular users (as sum of levels 1 and 2) have been promoted by you within the accounting period. The specific amount is determined by the number of new regular users until the end of each accounting period. When reached 100 new regular users promoted directly by you (level 1) or by your subsequent users or promoters (level 2) then the maximum multiplier of 10 will be applied to your regular part of your revenues from in-app-purchases of level 4 and 5. 4.1. Rewards MB Munich Bavaria GmbH pays a portion of the net revenues —net of commissions and all taxes which are charged by platforms offering MAYI® mobile application as well as charged by tax authorities directly from MB— generated by means of your successful promotion activity and received by MB Munich Bavaria GmbH through the platforms offering MAYI® mobile application, based on the established pricing policies of the platforms offering MAYI® mobile application. The rewards are calculated on the basis of the purchase of the MAYI® mobile application through a new testified client proved to be promoted by you and you recognize that it is not based on anything else (e.g. number of hours worked or an element of chance). A new testified client can be proved to be promoted by you through his entering of your specific code as promoter or your mobile number. Precondition for any reward is that your client is making these mentioned entries.
You agree that you receive the commission for any of your successful activity which is defined in the purchase of the MAYI® mobile application through a new testified client proved to be promoted by you and you agree that your demand is restricted solely to the percentage portion as defined and published by MB and its basis of calculation is net of commissions and all taxes which are charged by the platforms offering MAYI® mobile application as well as charged by tax authorities directly from MB. The portions among all promoters is at sole discretion of MB.
MB Munich Bavaria GmbH shall have no obligation to bring any action against a platform offering MAYI® mobile application for payment of the net promotion amount to MB.
Subsequent or belated raised taxes or fees will be subsequent or belated corrected if positive balance exists. 4.2. Changes
We reserve the right, at MB sole discretion, to change all settings of the promotion platforms at any time to optimize its effectiveness. This includes changes in the revenue promotion formula, which could lead to an increasing as well as a decreasing portion of the revenues for you. 4.3. Acceptance
The revenue sharing system due to its complexity technically might not facilitate its verification for every promoter account as well as might not allow to change its revenue allocation results, thus you have to accept its results even if your own calculations come to divergent results.
For technical reason there might be differences between the calculation of the server and the displayed credits of MAYI® mobile application: a revenue sharing shall only be realized on the basis of realized purchases through the promoted user while the calculation of the server in some cases also may include free, non-paid installations (e.g. when being downloaded within the same app account). You expressively understand and agree that this includes changes in the promotion revenues, which could lead to a decreasing portion of the revenues for you. 4.4. Payment MB Munich Bavaria GmbH will account your credit on a transfer basis via PayPal of which you have to bear the costs and fees for any transfer. The transfer will be made at the end of an accounting period within seven (7) working days counted from the day of the accreditation on the account of MB at least from both basic platforms which offers MAYI® mobile application, according to the provisions of these terms.
Payments made by MB Munich Bavaria GmbH will be made in U.S. Dollars. Payment may be remitted via PayPal. You are solely responsible for keeping all your payment information current with MB Munich Bavaria GmbH. You are solely responsible for controlling that the registration data is identical with your payment information in your PayPal account. You know, understand, acknowledge, accept and agree that MB can refuse payment to your account if these data are not consistent.
You acknowledge and agree that PayPal may deduct a fee for the receipt of the transfer, taxes and other expenses, and such fee will be deducted from your fees.
There is no right to claim another payment scheme. 4.5. Identification Address data MB is authorized to ask you at any time for the minimum personal data required by law or for security or any minimum additional personal information if required by a specific law before making a payment to your PayPal account. You know, understand, acknowledge, accept and agree that MB can refuse payment to your account as long as you did not give such information to MB. You are further responsible that your PayPal Account data is valid for the complete time of your promoter activity. You need to maintain the PayPal account given during registration process and you are responsible for its validity throughout your promotion activity if you would not like to lose the option to receive credits for your work. We only will give credits to the name entered in the registration process. We reserve for any time the right to ask for a verification of your name. 4.6. Termination
This agreement with MB Munich Bavaria GmbH can be canceled by you at any time by disconnecting with the Promotion Service via the button “TERMINATE PROMOTION“. The actual balance will be maintained until the end of the accounting period and paid as last payment to the PayPal Account given in the registration form according to the payment scheme laid out above in 4.4. 4.7. Termination by breach of Terms
MB Munich Bavaria GmbH may terminate your use of Promotion Service at any time in case of a breach of any of these Terms of Service of Promotion or in case of any unethical behavior that may bring disrepute upon MB Munich Bavaria GmbH or which is in violation of any law or government regulation or ordinance. You are not allowed to make any false or misleading statements or income projections to prospective or existing promoters about MB Munich Bavaria GmbH or its compensation plan and you agree to abstain from any fraudulent commercial practice. The actual balance will be maintained until the end of the accounting period and paid as last payment to the PayPal Account given in the registration form according to the payment scheme laid out above in 4.4. 4.8. Automatic Termination
This agreement terminates automatically on June 30, 2016. Last payment of earned revenue credits will be payed for September 30, 2016, if not extended for another 3 month until December 31, 2016 by MB at its sole discretion before termination. The final termination will not allow you to promote new clients. 4.9. Precondition of Acceptance Upon acceptance of the Promotion Service of the MAYI® mobile application by MB Munich Bavaria GmbH, you are eligible to participate in the promotion of MAYI® mobile application. You may receive credits and overrides on sales according to the Terms and Conditions and the compensation plan of MB Munich Bavaria GmbH. You will become an independent promoter, solely responsible for your own business and not an employee, franchisee, commercial representative, legal representative, nor agent of MB Munich Bavaria GmbH for any purpose. As an independent contractor/cooperator, you agree that you will not be regarded as an employee for the purposes of insurance contributions, unemployment tax, social security, income taxes, health insurance allowances or any other laws covering employees. You agree it is your responsibility to pay any self-employment tax and all local, state and federal taxes or license fees, including sales taxes, as required by law and your responsibility to obey any social security regulations, as required by law. You agree that your are responsible for compliance with any federal, state and local statutes and regulations, including, but not limited to, those relating to licensing and taxation. You agree that you do not possess authorization to make declaration or undertake obligation representing MB Munich Bavaria GmbH. Your promoter account can not be transferred or assigned to any other person.
You have to bear all risks connected to your business activity, including but not limited to bear all your eventual business costs. 4.10. No responsibility for unauthorized access
We are not responsible for any unauthorized access to your mobile device. You are solely responsible for protecting the data stored on your mobile device and to protect it sufficiently against any unauthorized access. MB assumes no liability or responsibility for any (i) mistakes, errors or inaccuracies of content whatsoever, (ii) personal injury or property damage, of any nature whatsoever, resulting from any unauthorized access to or use of your mobile and/or any and all personal information and/or financial information stored therein. 5. INTELLECTUAL PROPERTY
The MAYI® Service and its original content (excluding Content provided by users), features (including but not limited to design, text, scripts, graphics, trademarks and logos therein (“Marks“)) and functionality are and will remain the exclusive property of MB Munich Bavaria GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of intellectual property rights under German and foreign laws and international conventions. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MB Munich Bavaria GmbH. 6. USERS DATA SUBMISSIONS
6.1. The MAYI® Promotion Service allows you to post, to fill out, to link, to store, to save and submit data text containing personal information and other communications submitted by you (collectively, the “Data“ or „Data Submissions“) and make it available. For any parts or the whole of these Data Submissions you acknowledge and agree that you do not fill in, save, submit and/or post profile information, status messages or profile photos that you do not intend or want to be transmitted. You state expressively that you understand that MB does not guarantee any confidentiality whatsoever with respect to any Data Submissions. 6.2. You are solely responsible for your own Data Submission and without limitation for all the consequences of posting or transmitting them. MB makes no guarantees whatsoever as to the validity, accuracy or legal status of any Data. You are responsible for the Data Submission that you post to the Service, including its legality, reliability, and appropriateness.
By sending Data to the Service, you grant us the right and license to use and reproduce such data through the MAYI® Service. You retain any and all of your rights to any data you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make the data transferred by you available to MAYI® Promotion Service.
You represent and warrant that: (i) you have the necessary licenses, rights, consents, and permissions to use, transmit and authorize MB to use and transmit all submitted data and grant us the rights and license as provided in these Terms, and (ii) the transmission of the Data made by you on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 6.3. You agree that you will not: (i) submit data that is false in any form; (ii) publish falsehoods or misrepresentations that could damage MB or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post any form of advertisements; (v) impersonate any other person in any form whatsoever; (vi) send or store material containing any harmful software or computer code, scripts, files, agents or programs; (vii) interfere in any form whatsoever with or disrupt the integrity or performance of the Service or the data contained therein. 6.4. The posting of any and all adult content is strictly forbidden. MB expressly disclaims any and all liability in connection with the Data Submission. MB does not permit any form of copyright infringing activities and infringement of intellectual property rights via its provided Service. 6.5. You agree that with the use of the Promotion Service you will be exposed to Data Submissions, and you agree that MB is not at all responsible for the accuracy, effectivity, safety, and/or intellectual property rights of or relating to any of such Data Submissions, and further you agree that such Data Submissions are not the responsibility of MB. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MB with respect thereto, and agree to indemnify and hold MB, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the MAYI® Promotion Service. 7. WARRANTY DISCLAIMER
You agree that your use of the Promotion Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis for your information and solely for your personal use. MB reserves all rights. The Service is provided without warranties of any kind and/or representations, whether express or implied, in connection with the Service and your use thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. MB, its owners, directors, employees and agents disclaim to the fullest extend permitted by law all warranties, expressed or implied, in connection with the service and your use thereof.
MB Munich Bavaria GmbH, its subsidiaries, affiliates, and its licensors do not make warranties or representations about the accuracy, function or completeness of this service's content that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors, inaccuracies or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. MB assumes no liability or responsibility for any (i) mistakes, errors or inaccuracies of content whatsoever, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the MAYI® Promotion Service. MB does not warrant, endorse, guarantee, or assume responsibility whatsoever for anything might it be product or service advertised or offered by a third party through the MAYI® Promotion Service or any hyperlinked website or being presented in any user content submission including any other advertising whatsoever, and MB will not be party to or in any way whatsoever be responsible for monitoring any transaction between you and third-party providers including but not limited to those who provide products or services. Please note specifically that it is your own responsibility to use your best judgment in your environment and have and realize caution where appropriate, especially in the disclosure of any information. 8. INDEMNITY
You agree to defend, indemnify and hold harmless MB Munich Bavaria GmbH, its parent corporation and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access to the Promotion Service, by you or any person using your account, or (b) a breach of any of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any of your Data Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Promotion Service. 9. LIMITATION OF LIABILITY
In no event shall MB Munich Bavaria GmbH, nor its owners, directors, officers, employees, partners, agents, suppliers, or affiliates, be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service, included but not limited to any interruption of transmission to or from our servers; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service including but not limited to any errors or omissions in any content or for any loss or damage of any kind whatsoever incurred as a result of your use of any content send or transmitted, or otherwise made available via the MB client, whether based on warranty, contract, tort, or any other legal theory, including also the disclosure of information pursuant to these terms of Service or Privacy Policy; (iv) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service; (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party; (vi) errors, mistakes, or inaccuracies of content and (vii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein and any unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The foregoing limitation of liability shall apply to the fullest extend permitted by law. You specifically acknowledge that MB shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by MB from its facilities in Germany. MB makes herewith definitely no representations that the Promotion Service is appropriate or available for use in other locations. Those users who access or use the Promotion Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. 10. EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. 11. PRECONDITION OF ACCEPTANCE
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these presented Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the Promotion Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Promotion Service. 12. ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MB without restriction. 13. GENERAL
You agree that: (i) the MAYI® Promotion Service shall be deemed solely based in Germany; (ii) the MAYI® Promotion Service shall be deemed a passive server that does not give rise to personal jurisdiction over MB, either specific or general, in jurisdictions other than Germany; and (iii) that you agree to subject to the jurisdiction of Germany in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of Germany, without respect to its conflict of laws principles. Any claim or dispute between you and MB that arises in whole or in part from the MAYI® Promotion Service shall be decided exclusively by a court of competent jurisdiction located in Munich, Germany. These Terms of Service, together with the Privacy Policy at http://www.mayi-app.com/privacy and any other legal notices published by MB, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and MB concerning the MAYI® Promotion Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MB 's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MB reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you then do not agree to the revised Terms, your only recourse is to discontinue the use of the Service. Your continued use of the MAYI® Promotion Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MAYI® PROMOTION SERVICE MUST COMMENCE WITHIN SIX (6) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 14. PRIVACY NOTES
MB Munich Bavaria GmbH provides a Privacy Policy to help you make an informed and profound decision about whether to use or continue using the MB Site, MAYI® Software and/or the MAYI® Promotion Service. If you do not agree to our practices, please do not use the MB Site, MAYI® Software, MAYI® Service or MAYI® Promotion Service. This Privacy Policy is incorporated into and is subject to the MB Terms of Service. Your use of the MB Site, MAYI® Software, MAYI® Promotion Service and the MAYI® Service and any personal information whatsoever you provide on the MB Site or MAYI® Service remains subject to the terms of this Privacy Policy and our Terms of Service.
Any Data Submissions or other data posted at the direction or discretion of MB is not considered personally identifiable information subject to this Privacy Policy. 14.1. Coverage of this Privacy Policy
This Privacy Policy is part of MB ’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by MB, including information obtained when you access the MB’s Site, use the MAYI® Promotion Service, the MAYI® Service or any other software provided by MB. 14.2. The data/information collected by MB
Within our Service MB may obtain the following types of information from or concerning you or your device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as push notification name (if applicable), billing information (if applicable) and mobile device information to MB when choosing to participate in various uses of the MAYI® Service, such as registering as a promoter, updating your status, etc.
Cookies Information: One or more session cookies and/or persistent cookies (small text file with a string of alphanumeric characters) may be send to your computer identifying your browser when you visit the MB Site.
Log File Information: Our servers automatically record certain information (server logs) when you use the MB Site or MAYI® Promotion Service. These server logs may include information such as your web request, the Internet Protocol ("IP") address, browser type & language, referring / exit pages, URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser and various status information. When you use the MAYI® Promotion Service, our servers log certain general information that our application sends. 14.3. How information will be used by MB
In general any Personally Identifiable Information submitted by you to us through the MB Site, MAYI® Service or MAYI® Promotion Service, your personal information is used to operate, maintain, and provide to you the features and functionality of the MB Site and MAYI® Promotion Service. Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with MB unless legal reason demand longer time. We may in future use cookies and log file information to: (i) provide custom, personalized content and information; (ii) to monitor individual and aggregate metrics e.g. such as total number of visitors, pages viewed, etc.; and (iii) track your entries, submissions, views and such. 14.4. Disclosure of information We do not sell or share your Personally Identifiable Information given (when getting registered) with other third-party companies for their commercial or marketing use. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the MAYI® Service. MB reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information of which MB believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations and to protect the security or integrity of the MB Site or our servers, and to protect the rights, property, or personal safety of MB, our users or others. 14.5. Your own decision
If you do not agree with our Privacy Policy or Terms of Service, please uninstall the MAYI® mobile application and discontinue use of the MAYI® Promotion Service; your continued usage of the MAYI® Promotion Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. Please contact MB via email to support at mayi-app.com or available web forms with any questions or comments about this Privacy Policy, your personal information and your consent. 14.6. Third-party Advertisers
MAYI® Promotion Service is currently ad-free and it is not allowed to use our Service for advertising purpose. MB is free to integrate advertising in its MAYI® Promotion Service at any time in the future. 14.7. Data Security
MB uses technical possibilities to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit through our service to MB and you do so at your own risk. However, if you transmit data to our website, please note that this is not a guarantee that such information may not be accessed, disclosed, changed, or destroyed. 14.8. Care for the Privacy of Children
In order to protect the privacy of children and young adults no part of the MAYI® Service is directed to or intended to be used by persons under 18. If you are under 18 years of age, then please do not use the MAYI® Service or access the MB Site at any time or in any manner. 14.9. Information of PRIVACY
MAYI® Site and Promotion Service are hosted in Germany and are intended for and directed to users in Germany. If you are a user accessing the MAYI® Site and Promotion Service from any other state in the European Union, United States, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from German laws, please be advised that through your continued use of the MAYI® Site and Promotion Service, which are governed by German law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to Germany and you expressly consent to that transfer and consent to be governed by German law for these purposes. 14.10. In the Event of Merger, Sale, or Bankruptcy
In the event that MB is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have from our users as part of such merger, acquisition, sale, or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able anymore to control how your personal information is treated, transferred, or used. 14.11 Changes and updates to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the MB Site and MAYI® Promotion Service constitutes your agreement to these TERMS and Conditions, its Privacy Policy and any amendments now and in the future. We may change, amend or modify this agreement and its policies, procedures and promotion plan to maintain a viable promotion system, comply with legal requirements or changes in economic conditions and you agree to continue your promotion in accordance with any such changes, amendments or modifications. If you disagree with any part of the terms here presented or the terms in full then you may not access or use the Promotion Service. The same is valid for any revision or amendment in the future that if you disagree with any part of the terms here presented or the terms in full then you may not access or use the Promotion Service. 15. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. 16. CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Promotion Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Promotion Service. CONTACT US
If you have any questions about these Terms, please contact us. Last updated: March 02, 2015
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