Terms and Conditions

Last updated: 2018-02-01.

Welcome to MitocGroup.com, a website operated by Mitoc Group Inc (the "Company").

The following Terms of Use (the "Terms") apply when you use the website located at www.mitocgroup.com (the "Site"). Please review these Terms carefully. By clicking "I accept", by creating an account, or by accessing or using the Site, you show you agree to these Terms. If you don't agree to these Terms, you may not access or use the Site.

About The Site

The Site provides access to AdTechMedia, an advertising platform with micropayments capabilities for media content monetization (the "Platform").

The "Service" is defined as any service provided or enabled via the Platform.

The Platform empowers publishers and content providers (the "Business Customers") to generate complementary revenue streams that are immune to ad blocking software.

The Business Customers may provide text, images, software, videos and/or other material on their own web sites or web applications, including user-generated material (the "Content").

The Business Customers can easily and seamlessly integrate the Platform into their web sites or web applications, offering their web users (the "Content Consumers") options to either pay for the Content out of their pockets through micropayments or watch advertising to continue consuming the Content for free.

The Site allows the Business Customers to register for the Service. As discussed in Privacy Policy, when you register for the Service, you'll be asked to provide your email address and optional password. Further, Business Customers will be required to provide certain information about themselves and their company, such as first name and last name, company name, employer identification number or tax identification number, bank account number, and billing address.

Content Consumers will be required to provide certain information such as first name, last name, and email address, as well as information about their payment gateway accounts, such as (but not limited to) Apple Pay, Android Pay, PayPal, Amazon Payments, Stripe (the "Payment Gateways"). The Payment Gateways will generate time-limited identity tokens, which the Platform will retain for further use.

Also, please note that the Site is under constant development. New features may be added frequently, so it's important to check back to this page for updates.

Paid Services

The Content Consumers are charged for access to the Content by the Business Customers only when they choose to pay using the Platform's micropayments feature. All micropayment transactions within a month are consolidated and, if they meet the minimum payment limit imposed by the Payment Gateways, are charged to the Content Consumers as one transaction to the associated payment option.

The Content Consumers are charged via the web sites or web applications for the Business Customers using the payment option specified on the Business Customer's web site or web application, which may have its own legal terms.

During the first 5 (five) days of the month following the month in which funds from the Content Consumers were received, the Company will consolidate all amounts collected from the Content Consumers in the previous month. Unless otherwise specified in a separate agreement, the Company will retain 30% (thirty percent) of each transaction collected from the Content Consumers (the "Fee") and transfer the remaining balance to the Business Customers.

You can terminate your use of the Service, change your password, and otherwise manage your account using the Site.

We reserve the right to change the Company's Fee. If the Company does change its Fee, the Company will provide notice of the change on the Site or in email to you, at the Companyss option, at least 14 (fourteen) days before the change is to take effect. Your continued use of the Service after the Fee change becomes effective constitutes your agreement to the changed amount.

Content And Restrictions

The following rules pertain to use of the Site and Service in connection with the Content. By using the Site or the Service, you agree as follows:

You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not use the Service with the Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content, or unless your use of the Content is within the scope of fair use;
You will not use the Service with the Content that is pornographic.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any Content that you make available or access through your use of the Site or the Service is solely your responsibility.

The Company is not responsible for any public display or misuse of the Content. The Company does not, and cannot, pre-screen or monitor all the Content. However, at our discretion, technology we use may monitor and/or record the use of the Service in conjunction with the Content.

Use Of The Site Or The Service

You need to be at least 18 years old to use the Site or the Service.

You hereby affirm we have the right to terminate your account for any reason, with or without prior notice.

Use Restrictions

Your permission to use the Site and the Service is conditioned upon the following restrictions and conditions.

You agree that you will not:

use the Site or the Service for any unlawful purpose or for the promotion of illegal activities;
use another user's account without permission;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Site or the Service;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Site or the Service or use any software, technology, or device to scrape, spider, or crawl the Site or the Service or harvest or manipulate data;
publish or link to malicious content intended to damage or disrupt another user's browser or computer.

Intelectual Propperty

You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site or the Service (except for the Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.

Indemnification

You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site or the Service in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) your publication or sharing of Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Online Content Disclaimer

The Company takes no responsibility and assumes no liability for any Content that appears in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted or transmitted in connection with the Service.

User Consent To Receive Communications In Electronic Form

For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site or the Service; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

The Company may also use your email address to send you other messages, including information about the Company and Site or the Service and special offers. You may opt out of such email by changing your account settings, using a link in the email, or sending an email to support@mitocgroup.com.

Warranty Disclaimer

THE SITE AND SERVICE ARE PROVIDED "AS IS,"" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE OR THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Limitation Of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICE; (C) THE SITE OR THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS 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. IN NO EVENT WILL COMPANY'S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Modification Of Terms Of Use

The Company can amend these Terms at any time. It's your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site or the Service, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

Privacy Policy

The Company respects the privacy of its users. Please refer to Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site or the Service, you show that you agree to this Privacy Policy.

General Terms

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within 1 (one) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of New Jersey, without regard to conflict of law provisions.

You agree to resolve any claims relating to these Terms or the Site or the Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Woodcliff Lake, New Jersey.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If you attempt to bring any legal action against the Company based in any way on the Site or the Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys' fees associated with its defense of the action.

The Company may assign or delegate these Terms and/or the Company's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company's prior written consent, and any unauthorized assignment and delegation by you is void.

Notice For California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at http://www.mitocgroup.com/contact. You may contact us at support@mitocgroup.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd, Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY AT http://www.mitocgroup.com/privacy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.