Terms & Conditions

The following are the terms and conditions (the "Terms") for the use of the MediaBurn web site (the "Site"), MediaBurn Services, and related material.

General

  1. With each visit to the Site you signify your agreement to these Terms.
  2. These Terms were last modified on August 23, 2018.
  3. EvoMarketplace Inc. and its suppliers own the MediaBurn trade name, brand and trademark and websites. Hereafter, MediaBurn means EvoMarketplace Inc.
  4. MediaBurn Material is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by MediaBurn or the Site, including any portion thereof. MediaBurn Services is defined as any MediaBurn service.
  5. If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or MediaBurn Material.

    Use of MediaBurn Material and MediaBurn Services Generally

  6. You agree not to use any MediaBurn Material and MediaBurn Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.
  7. Final Document is defined as the finished legal document for legal document products or other document created through the use of a MediaBurn product. You are granted a License when you enter into a free trial, have a subscription or pay for access to a product.
  8. Any paid or Free Trial License granted is subject to the Terms and entitles you to:

    • use Final Documents of the products as specified by the Terms only.
    • make five electronic copies of each Final Document for your personal use.
    • make necessary mechanical copies (e.g. printed or photocopied) of the
    • Final Documents for your personal records and as required for completion of the specific transactions for which the Final Documents are intended.
  9. You may end a License in the manner specified on the order page, your account area or the help documentation. MediaBurn retains the right to cancel any sale or Site access at any time, in which case you will only be charged for the time the sale or Site access was in effect.
  10. Your License is valid for the country of the document that you select when you purchase your License. You will be charged in the currency of that country.
  11. If you are not a party in transactions in which a Final Document is used or if you obtained the Final Document under a free trial, you are not allowed to enter into new transactions using the Final Document starting one month after the expiry of the corresponding product access time period.
  12. To access products, you must provide credit card details to MediaBurn as required by the Site. MediaBurn will charge credit cards in accordance with displayed pricing in return for access to products and lawful services and if free trials are not cancelled before the specified time period.
  13. Subject to these Terms, if you are evaluating the Site strictly as a potential customer or to participate in our affiliate program, you are granted a license to evaluate the Site for that purpose only.

    Legal Advice, Information and Decision Making Responsibility

  14. MediaBurn is not a law firm and does not provide Legal Advice (as defined below). Your use of MediaBurn Material or any MediaBurn Services does not create a solicitor-client relationship between you and MediaBurn.
  15. You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.
  16. You agree that MediaBurn does not provide Legal Advice. If you receive any communication from MediaBurn, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by MediaBurn and you agree to immediately delete and disregard it.
  17. Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of MediaBurn Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any MediaBurn Material.
  18. For the purposes of these Terms, Legal Advice is defined to include the following:

    • any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
    • advice on which legal document or documents you need or are best for your situation;
    • determining the legal consequences that will or could result from how you have created your legal document;
    • whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
    • whether you have omitted any necessary provisions or details from your legal documents; and
    • whether you require any additional legal documents or legal procedures.

    Programs

  19. MediaBurn retains the right to make changes to its Affiliate Program or other programs as it sees fit.
  20. Detailed Affiliate Program Terms and Conditions can be found at Affiliate Program Terms and Conditions.

    Restrictions

  21. To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any MediaBurn Material nor will you utilize MediaBurn Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.
  22. You agree to only use MediaBurn Material and the Site as a customer.
  23. Licenses granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable.
  24. The EULA document may be distributed on the internet without time limit by licensed MediaBurn customers as part of a materially non-legal package adding significant value.
  25. The rights granted under these Terms are granted to you only.
  26. If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual. The appointed individual may not be changed.
  27. MediaBurn retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or MediaBurn Material or MediaBurn Services at its discretion.

    Assignment

  28. This agreement cannot be assigned.

    Intellectual Property

  29. All copyright, trade marks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of MediaBurn Material belong to MediaBurn and its suppliers. MediaBurn reserves all of its rights in the MediaBurn Material. Nothing in the Terms grants you a right or license to use any intellectual property rights owned or controlled by MediaBurn or any other third party except as expressly provided in these Terms.
  30. In addition, MediaBurn Material, contains information and intellectual property that is selected and organized by MediaBurn and represents significant work made by MediaBurn. Nothing in the Terms should be construed as granting any license or right to use any MediaBurn Material or intellectual property displayed or used in any MediaBurn Material except as expressly provided in the Terms.
  31. You agree to the following:

    • the MediaBurn Material is the property of MediaBurn and its suppliers;
    • you will not use the MediaBurn Material for any purpose other than is expressly permitted in these Terms;
    • you will not distribute in any medium any MediaBurn Material without MediaBurn prior written authorization or as expressly provided these Terms.
    • any distribution or past distribution of any MediaBurn Material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses MediaBurn Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.
    • MediaBurn shall have the right to represent its suppliers in any dispute.

    LIMITED WARRANTIES

  32. Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, MediaBurn Material and MediaBurn Services are provided "as is" without any kind of warranty.
  33. You accept full responsibility for determining whether MediaBurn Material and MediaBurn Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
  34. Except as expressly provided in these Terms, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of MediaBurn Material and MediaBurn Services, or for inaccessibility of MediaBurn Material and MediaBurn Services whether from errors or omissions in the content of MediaBurn Material and MediaBurn Services or any other linked sites or for any other reason. Use of MediaBurn Material and MediaBurn Services is at your own risk.
  35. MediaBurn does not represent or warrant that MediaBurn Material, the Site or any linked sites are free of any harmful materials.

    Maximum Liability

  36. Except as expressly provided in these Terms, the maximum liability of MediaBurn is the amount paid to MediaBurn by the customer. The maximum liability of MediaBurn for any MediaBurn Services is the portion of the amount paid to MediaBurn by the customer specifically for the MediaBurn Services as calculated by MediaBurn.

    Guarantees and Refunds

  37. All guarantees are subject to any limitations specified in any MediaBurn Material. Guarantees are only available to customers who paid on the product before the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a product, it must be explicitly promoted in MediaBurn Material for that product at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from MediaBurn, they waive their right to any additional claims against MediaBurn regarding any Guarantee unless otherwise agreed to in writing. MediaBurn has no obligation to refund one time purchases.
  38. The following additional restrictions apply to the Guarantees payments for mistakes:

    • The mistake must be in the wording of the legal document and not in other text;
    • The customer was the first person to mention that mistake for that Guarantee category;
    • Guarantees only apply to MediaBurn mistakes, not to customer mistakes; and
    • We are only required to pay a customer once for a mistake no matter how many mistakes they may bring to our attention.

    A. Free Trial Refund Policy

  39. The terms and conditions of the offer will govern any free trials. MediaBurn has no obligation to refund for free trials properly converted to paid product access.

    B. Annual Subscriptions and Renewals

  40. MediaBurn has no obligation to refund renewals unless you notify us before your renewal date that you want to cancel. Annual subscriptions are subject to a refund within 30 days of initial purchase.

    C. $10,000 Legal Guarantee

  41. Subject to any limitations specified in any MediaBurn Material, we will cover any damage a customer suffers in a legal judgment, as a result of a clear MediaBurn mistake, to a maximum of $10,000 in the currency of the product.

    D. Other Guarantees and Refunds

  42. Our maximum liability for any Quality Guarantees specified on the Site is $100 in the currency of the product. Other guarantees and refund commitments specified in MediaBurn Material are subject to a maximum of the amount paid by the customer and are subject to a claim being submitted within 30 days of purchase.

    Client Privacy

  43. You consent to MediaBurn using your personal information according to its
  44. Privacy Policy that can be found at Privacy Policy.

    Terms and Headings

  45. All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting MediaBurn Material should it be judicially found that the conflicting MediaBurn Material is legally relevant to this Agreement under law.

    Indemnification

  46. You agree to indemnify and hold MediaBurn, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or MediaBurn Material or MediaBurn Services.

    Governing Law

  47. The Terms are governed by the laws of the Province of Quebec, Canada. You irrevocably attorn to the exclusive jurisdiction of the courts of Montreal, Quebec, Canada.

    Binding Arbitration

  48. Subject to exceptions specified herein, if you and MediaBurn are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
  49. A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, MediaBurn will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in Montreal, Quebec, Canada.
  50. The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys' fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
  51. Exceptions to the use of binding arbitration are as follows: MediaBurn may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.

    Class Action Waiver

  52. You will not seek to have the dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

    Modification of the Terms

  53. Except that you must be informed in a reasonable manner regarding any pricing increase, MediaBurn may, in its sole discretion, change these Terms at any time. Other terms and conditions are only valid when signed in writing by an authorized MediaBurn officer.

    Severability

  54. If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

    Waivers

  55. No failure or delay, on the part of MediaBurn, in exercising any right or power under these Terms will operate as a waiver of such right or power.

    Whole Agreement

  56. Except as explicitly set forth in this agreement, these Terms, the pricing displayed on the Site, the Site's Disclaimer, and, if you are an affiliate, the Affiliate Program Terms and Conditions, constitute the whole agreement between you and EvoMarketplace Inc. notwithstanding any:

    • MediaBurn Material other than this Agreement,
    • communication between you and MediaBurn, including telephone, email and online chat assistance, or
    • announcements, newsletters or promotional materials from MediaBurn.