TERM AND CONDITION

M4KING Terms of Use and Cardholder Agreement/ACH Authorization Agreement

DISCLOSURE:

M4KING® attempts to provide access to movies in theaters nationally. However, participating theaters, as well the time and locations for movies may vary depending on the specific service offering that you have selected at the time of enrollment, or such subsequent changes in the selection made by you, as well as movie inventory, usage, showtime availability, and M4KING system-wide capacity and demand. YOU SHOULD CHECK OUR M4KING APP FREQUENTLY FOR CHANGES IN OUR SERVICES AND ALL OFFERINGS INCLUDING UPDATES ON THEATER PARTICIPATION. It is not until the User purchases a ticket at the theater, that the seat will be reserved and confirmed for the title and showtime selected. If the title and showtime the User wants to see is not available, M4KING® will not be held responsible.

You are expected to read these Terms of Use because your use of our Site and Service constitutes your agreement to the Arbitration Agreement and Class Action waiver described in Sections 17 and 18 below to resolve any disputes with us. You should also read these Terms of Use, in particular Sections 2.16 and 2.20, as it describes certain restrictions on your use of the M4KING Site and Service and your M4KING Card, all of which are intended for the sole benefit and use of only you as the approved account holder. Your violation of restrictions set forth in these Terms of Use may trigger our right to terminate your account for such violation.

IF YOU CANCEL YOUR M4KING SUBSCRIPTION, YOU MAY NOT SUBSCRIBE TO THE SERVICE AGAIN FOR A PERIOD OF NINE (9) MONTHS. HOWEVER, YOU MAY MAKE A CHANGE IN YOUR SERVICE OFFERING SELECTION, IF AND WHEN SUCH CHANGES IN THE SERVICE OFFERING BECOME AVAILABLE, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, IN WHICH CASE THIS NINE (9) MONTHS RE-ENROLLMENT CANCELLATION PROVISION SHALL NOT APPLY.

1. Ownership of Site
Agreement to Terms of Use and Cardholder Agreement of M4KING

1.1. “Site” as used in these Terms of Use refers to the M4KING Mobile App and the M4KING web site located at www.M4KING.com.
1.2. “Service” as used in these Terms of Use refers to the M4KING Service, which may be changed from time-to-time, the M4KING Card and the Site.
1.3. The Service and the Site are the property of M4KING Inc. (“M4KING”, “we”, “us”, or “our”) with an address of Murray Hill Station, P.O. Box 85, New York, NY 10156 and its licensors.
1.4 “Terms of Use” refers to these Terms of Use and Cardholder/ACH Authorization Agreement which govern your access to and use of the Service and Site. BY USING THE SERVICE AND THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR SITE.
1.5 Some of our vendors may require you to abide by their separate Privacy Policies and Terms and Conditions when you use their services.
1.6. M4KING reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, without prior notice. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE, AND THE M4KING APP PERIODICALLY, FOR CHANGES. YOUR CONTINUED USE OF THE SERVICE AND THE SITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES. As long as you comply with these Terms of Use, M4KING grants you a personal, non-transferable, limited privilege to enter and use the Site and Service. M4KING is for your personal use, and not for resale or commercial use under any circumstances.

2. Service Subscription Information
2.1. By opening an M4KING account (“Account”) and using the Service, you represent and warrant that: (1) you are legally capable of entering into a binding contract; (2) you are at least 18 years of age; and (3) you are a Resident of the United States. You may only sign up for the Service from within the United States.
2.2. M4KING will deduct the applicable Service subscription charge from the form of payment that you provide to us when you create an Account unless we otherwise communicate a different time period or either party seeks to terminate this agreement. You acknowledge and agree that M4KING is in a direct agreement with you, the individual, and not with the theaters listed on the Site.
2.3. Subject to the conditions contained in this Section and in Section 2.5, a valid M4KING subscription entitles you to any movie, at any time, in any location selected from M4KING’s current movie inventory. The Service is available every day of the week, subject to the theater being open, inventory availability, and system capacity. THE SERVICE PROHIBITS REPEAT VIEWINGS OF THE SAME MOVIE.
2.4. M4KING reserves the right to change or modify the Service or subscriptions at any time and in its sole discretion, including but not limited to applicable prices, without prior notice. M4KING reserves the right to change the rules of movie-going attendance and ticket availability to subscribers in connection with the Service at any time.
2.5. M4KING makes no guarantee on the availability to any particular theater, showtime, or title that is presented in our app. M4KING ticket inventory may vary from specific theater ticket inventory. M4KING reserves the right to adjust its inventory to maintain fair access and usage to its full customer base. M4KING may utilize its proprietary data and algorithms to impose restrictions on individual users based on their location, day of the movie, time of movie, title, and the individual user’s historical usage. This means that M4KING has the right to limit the selection of movies and/or the times of available movies should your individual use adversely impact M4KING’s system-wide capacity or the availability of the Service for other subscribers.
2.6 You agree to choose the movie title, theater, and showtime up to no more than three (3) hours prior to the selected showtime, through the M4KING App. You also agree to only activate your M4KING Card for a single ticket purchase by Theater Check-in through the Site and use your M4KING at a ticket kiosk or at the ticket counter at your selected theater. If you do not purchase a ticket for the movie and showtime selected within the specified theater check-in time period, the authorization or value for that ticket on your M4KING card will be removed by us. Your M4KING Card is only available for use during the movie ticket transaction, after Theater check-in. The Theater Check-in does not serve as a confirmation; it is only once you have purchased a ticket with your M4KING that a seat has been reserved. M4KING is not responsible if you select the incorrect movie title, showing, or theater.
2.7 You consent to M4KING using Location Services to validate the location of the theater and to ensure that only the Subscriber himself/herself is using the product. You further consent to M4KING using Location Services to confirm that the Subscriber is actually attending the selected movie and showtime by verifying the Subscriber’s location at the theater at both the start of the movie and at any time during the selected movie.
2.8 You consent to M4KING confirming that the ticket for the selected movie and showtime has in fact been used by the Subscriber by randomly, or otherwise for good cause, requiring the Subscriber to submit to ticket verification by submitting to M4KING a picture of the ticket stub for the selected movie and showtime. M4KING may also employ other reasonable methods, such as requiring an email response from or attendance survey by the Subscriber, to confirm that the Subscriber in fact attended the selected movie and showtime.
2.9 M4KING is currently available for use only in the United States.
2.10. Once you receive your M4KING card, you may begin using the service.
2.11. If and when M4KING offers a promotion or free trial, you will be billed when you sign up, but your subscription and billing cycle will not begin until the end of the trial period. Your M4KING subscription will enter into a new billing period once the promotional or free trial period is over unless canceled by you or by M4KING. Your M4KING account must be in good standing in order for the M4KING to be valid. All free trial offers are available exclusively to new members only and are valid once per household.
2.12. Reserved.
2.13. Scroll down explain in brief
(i) M4KING offers monthly subscriptions payable either month-to-month or annually and, depending upon the subscription selected, M4KING may impose a processing fee charged for initiating a subscription. M4KING will bill upon subscription to the service and then will bill based on the date you receive your card pursuant to the terms of your subscription unless either party seeks to terminate the agreement. You must cancel your membership before it renews in order to avoid billing of the next month’s membership fees to the payment method you provided to us. THERE IS NO REIMBURSEMENT FOR EARLY TERMINATION OF A MEMBERSHIP. If you do not contact us prior to the billing date, your card will be charged and termination will occur at the end of the next billing cycle.
(ii) To cancel your subscription using the M4KING app: (a) go to the Account tab, and then the “Account Details” section, (b) then under “Plan & Billing” you will find your plan information with a “Cancel” button, (c) choose your reason for cancellation on the cancellation screen, (d) then press “Cancel.” You will receive a pop-up notification showing the last date of your M4KING service. You will also receive an email with the last date of service. To cancel your subscription via email, write to email at least one business day prior to the next billing date stating your intent to cancel and provide the full name and email address on the account. Cancellations are not effective until a confirmation is sent to you via email, and you are responsible for all charges until cancellation is confirmed.
(iii) Subscription fees may be increased by M4KING to reflect changes in standard ticket prices, inflation, M4KING’s costs, and additional taxes and costs not imposed by M4KING. Again, if you wish to cancel your M4KING subscription, you must notify M4KING at least one business day prior to your next billing date. Any changes will take place at the end of the period for which fees have been paid, and will be introduced in the next billing cycle. AGAIN, THERE IS NO REIMBURSEMENT FOR EARLY TERMINATION OF A MEMBERSHIP. ONCE YOU CANCEL YOUR M4KING SUBSCRIPTION, YOU MAY NOT SUBSCRIBE TO THE SERVICE AGAIN FOR A PERIOD OF NINE (9) MONTHS.
2.14. Payments may be made either by credit card or by ACH authorization. To make a payment by credit card, you must provide the cardholder’s name and address, the card number, the card security code, and the card expiration date. If you wish to change your payment method, you must visit the Site at least one day prior to the conclusion of the billing cycle. Transactions will occur on the cardholder’s bank or card statement as a payment to “M4KING”. Payments will occur on the same date every month unless either party seeks to terminate the agreement. Payments made by ACH authorization shall be subject to the additional terms and conditions as set forth in Appendix A.
2.15. M4KING makes reasonable attempts to provide access to movies in theaters nationwide, however, the time and locations for movies may vary based on theater inventory which also may change, usage, and showtime availability. If the title and showtime you want to see is not available, M4KING will not be held responsible. M4KING is not responsible if the selected showing is sold out, and we recommend that you frequently check theater availability in the M4KING App, and if available, arrive at the theater early and purchase your ticket ahead of time. M4KING ticket inventory may vary from theater inventory. M4KING will not be held responsible if ticket availability has run out for M4KING subscribers, but the specific theater otherwise still has tickets available.
2.16. You may use M4KING Card to purchase a movie ticket at either a theater kiosk or at the theater ticket counter. You may not use M4KING Card for any other purpose, including but not limited to, unauthorized purchases or purchases exceeding the value of a single movie ticket. M4KING allows for a single valid transaction for a movie theater ticket. You acknowledge and agree that all funds on your M4KING Card are the property of M4KING. You do not have the right to stop payment on any transactions made with your M4KING Card. Your M4KING Card is valid through the Valid Thru date printed on the M4KING Card, except in states where prohibited by law. No reproduction will be accepted. M4KING is non-refundable and non-transferable. IF YOUR M4KING CARD IS LOST OR STOLEN, PLEASE CONTACT M4KING CUSTOMER SUPPORT IMMEDIATELY. THERE WILL BE A $10 REPLACEMENT FEE CHARGED TO THE PAYMENT METHOD THAT YOU PROVIDED TO US.
2.17. M4KING is not directly affiliated or associated with any theater chains. All references to theaters and showtimes do not imply direct or indirect affiliation. All listed theaters do not necessarily have the ability to accept M4KING, and their listing on this site does not imply such. M4KING makes all efforts to accurately list theaters and showtimes available to the general public, and listed theaters and showtimes may be subject to change.
2.18. You agree to respect and abide by the theater regulations set forth by the venue you have selected tickets for. M4KING will not be held responsible for the theater’s actions if the venue agreements are violated. Lost, stolen, or damaged tickets will not be replaced. If you do not hold a valid ticket, you may be required to leave the premises. You should keep your ticket stub with you at all times in order to re-enter the relevant auditorium. M4KING is not responsible if you are excluded from viewing the film under any condition. All film showings are subject to normal restrictions. You have no preferential right of access for any showings except for special events organized for M4KING. You are not entitled to use M4KING in conjunction with any other promotions offered by M4KING unless stated otherwise. M4KING is not responsible for theater programming, cancellations, or rescheduled performances.
2.19. M4KING SUBSCRIPTIONS ARE INTENDED FOR THE USE OF THE SUBSCRIBER ONLY AND ARE NOT TO BE SHARED WITH ANYONE ELSE. M4KING SUBSCRIBERS MAY ONLY USE THE M4KING APPLICATION ON ONE ACTIVE DEVICE (PHONE) AT A TIME. M4KING SUBSCRIBERS ARE ONLY PERMITTED TO SWITCH ACTIVE DEVICES ONCE PER 6 (SIX)MONTHS.
2.20. You agree that M4KING may, at its sole discretion and without prior notice, suspend your subscription or terminate your Account and M4KING Card on a temporary or permanent basis, and block your access to the Site at their sole discretion, including but not limited to the following scenarios:
(i) If you miss a payment, M4KING will contact you by email and if payment is made within 10 days after we send our email, M4KING will reactivate the account within 48 hours of payment. You will not be permitted to use the account until it has been reactivated. If you miss more than one payment, we reserve the right to permanently ban you from subscribing to or using the Service. The M4KING system records the necessary information to turn over to collection agencies. When required, M4KING reserves the right to use a collection agency to retrieve any outstanding balances. M4KING reserves the right to seek appropriate punitive damages.
(ii) If M4KING suspects that you provided incorrect or false information to M4KING when creating an Account or signing up for a subscription.
(iii) A breach of these Terms of Use by you.
(iv) You permit another person to use your M4KING Card to purchase a movie ticket or you use another subscriber’s M4KING Card other than your own to purchase a ticket. Your M4KING Card is intended only for your own use and benefits as an approved account holder and your use thereof is subject to these Terms of Use.
(v) You attempt to purchase a ticket to a movie that is different from the movie you reserved in the M4KING App, or you attempt to purchase a ticket in violation of Section 2.3 such as purchasing more than one ticket within any one calendar day.
(vi) You purchase tickets on Fandango, MovieTickets.com, or any other third-party source using your M4KING Card.
(vii) You give (including as a gift), sell, or attempt to give or sell purchased M4KING tickets to other patrons.
(viii) You purchase tickets for a purpose other than viewing a movie, such as to earn theater loyalty program points.
(ix) On more than one occasion during any thirty (30) day period, you do not check-in for the movie for which you have reserved a ticket.
(ix) On more than one occasion during any thirty (30) day period you do not view the movie for which you purchased a ticket with your M4KING Card in its entirety.
(x) M4KING determines or suspects that you have opened or attempted to open multiple M4KING accounts
(xi) If you use your M4KING Card for any purpose other than to purchase the approved movie ticket at a theater kiosk or at the theater ticket counter, or we have reason to believe that you have done so. In furtherance of the above, you agree that M4KING has the right to require verification of your compliance with any of the above conditions, including the right to require you to provide proof of such in the form of an image of the movie ticket you purchased through the use of your M4KING subscription, and that M4KING may, at its sole discretion and without prior notice, suspend your subscription or terminate your Account and M4KING Card on either a temporary or permanent basis if you fail to provide such required verification.
You acknowledge and agree that we have the right to charge a fee of $25 (twenty-five U.S. dollars) (“Misuse Fee”) per occurrence on the form of payment you provided to us for your M4KING subscription. You further agree that the amount of this fee is a reasonable measurement of the probable loss to us for each misuse of your M4KING Card. If you believe that you have been charged a Misuse Fee in error, you may contact customer service to dispute the charge within 60 days of incurring such charge.
(xii) Gift Subscriptions are pre-paid membership to the M4KING service and must be activated at the designated URL or website as indicated on the Gift Subscription. A person who receives and activates a Gift Subscription to the M4KING Service is referred to in this agreement as to the “Recipient.” There are no refunds or other credits issued for Gift Subscriptions, whether they have been activated or otherwise. M4KING is not responsible if the Gift Subscription is lost, stolen or used without permission. Gift Subscriptions are not refundable or otherwise convertible for cash, subject to applicable law, and cannot be resold or combined with any other special or free offers, including other Gift Subscriptions and Gift Cards. Gift Subscriptions and their use are subject to this agreement, and both the purchase of Gift Subscriptions as well as their activation and use by the Recipient are subject to this agreement.

3.Content, trademarks, visual interfaces

3.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is owned, controlled or licensed by or to M4KING, and may not be used without prior written consent from M4KING.
3.2. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without M4KING’s express prior written consent.

4. Your Use of the Site
4.1. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. M4KING reserves the right to bar any such activity.
4.2. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any M4KING server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
4.3. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of M4KING, including any M4KING account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
4.4. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or M4KING’s systems or networks, or any systems or networks connected to the Site or to M4KING. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
4.5. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to M4KING on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
4.6. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of M4KING or others.

5. Purchases; Other Terms and Conditions
5.1. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. M4KING is not for resale or commercial use under any circumstances.
5.2. M4KING’s obligations, if any, with regard to its products and services, are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
5.3. M4KING may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without prior notice. M4KING reserves the right to change the rules of movie-going attendance and ticket availability to members at any time. The materials on the Site with respect to products and services may be out of date, and M4KING makes no commitment to update the materials on the Site with respect to such products and services.

6. Accounts, Passwords, and Security
6.1. Certain features or services offered on or through the Site may require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password and card, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify M4KING immediately of any unauthorized use of your account, password, card, or any other breach of security. You may be held liable for losses incurred by M4KING or any other user of or visitor to the Site due to someone else using your M4KING password, account, or card as a result of your failing to keep your account information secure and confidential.
6.2. You may not use anyone else’s M4KING password, account, or M4KING Card at any time. M4KING cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

7. Privacy
M4KING’s Privacy Policy applies to use of our Site and Service, and its terms are made a part of these Terms of Use by this express reference. Additionally, by using the Site or Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

8. Links to Other Sites and to the M4KING Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under M4KING’s control, and M4KING is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Our Terms of Use or Privacy Policy do not apply to such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites after you have reviewed such Linked Sites’ own Terms of Use and Privacy Policies.

9. Disclaimers
9.1. M4KING Does Not Promise That The Site Or Any Content, Service Or Feature Of The Site Or Service Will Be Error-Free Or Uninterrupted, Or That Your Use Of The Service Or Site Will Provide Specific Results. The Service, Site And Its Content Are Delivered On An “As-Is” And “As-Available” Basis. All Information Provided On The Site Is Subject To Change Without Notice. M4KING Cannot Ensure That Any Files Or Other Data You Download From The Site Will Be Free Of Viruses Or Contamination Or Destructive Features. M4KING Disclaims All Warranties, Express Or Implied, Including Any Warranties Of Accuracy, Non-Infringement, Merchantability And Fitness For A Particular Purpose. M4KING Disclaims Any And All Liability For The Acts, Omissions And Conduct Of Any Third Parties In Connection With Or Related To Your Use Of The Service And Site. You Assume Total Responsibility For Your Use Of The Service, Site And Any Linked Sites. Your Sole Remedy Against M4KING For Dissatisfaction With The Service, Site Or Any Content Is To Stop Using The Service, Site Or Any Such Content.
9.2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
9.3. M4KING reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

10. Limitation of Liability
In No Event Will We, Our Affiliates Or Their Licensors, Service Providers, Employees, Agents, Officers Or Directors Be Liable For Damages Of Any Kind, Under Any Legal Theory, Arising Out Of Or In Connection With Your Use, Or Inability To Use, Our Service, The Site, Any Websites Linked To It, Any Content On The Site Or Such Other Sites Or Any Services Or Items Obtained Through The Site Or Such Other Sites, Including Any Direct, Indirect, Special, Incidental, Consequential Or Punitive Damages, Including But Not Limited To, Personal Injury, Pain And Suffering, Emotional Distress, Loss Of Revenue, Loss Of Profits, Loss Of Business Or Anticipated Savings, Loss Of Use, Loss Of Goodwill, Loss Of Data, And Whether Caused By Tort (Including Negligence), Breach Of Contract Or Otherwise, Even If Foreseeable. The Foregoing Does Not Affect Any Liability Which Cannot Be Excluded Or Limited Under Applicable Law.

To The Fullest Extent Permitted By Law, And Not Withstanding Any Other Provision Of These Terms Of Use, The Total Liability, In The Aggregate, Of M4KING, Its Officers, Directors, Partners, Employees And Subcontractors, And Any Of Them, To You And Anyone Claiming By Or Through You, For Any And All Claims, Losses, Costs Or Damages, Including Attorneys’ Fees And Costs And Expert-Witness Fees And Costs Of Any Nature Whatsoever Or Claims Expenses Resulting From Or In Any Way Related To Your Use Of Our Service Or Site From Any Cause Or Causes Shall Not Exceed $500. It Is Intended That This Limitation Apply To Any And All Liability Or Cause Of Action However Alleged Or Arising Unless Otherwise Prohibited By Law.

11. Indemnity
You agree to indemnify and hold M4KING, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against M4KING by any third party due to or arising out of or in connection with your use of the M4KING Service or Site.

12. Violation of These Terms of Use
12.1. M4KING may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary for connection with any investigation or complaint regarding your use of the Service or Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) M4KING’s rights or property, or the rights or property of visitors to or users of the Service or Site, including M4KING’s members. M4KING reserves the right at all times to disclose any information that M4KING deems necessary to comply with any applicable law, regulation, legal process or governmental request. M4KING may also disclose your information when M4KING determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
12.2. You acknowledge and agree that M4KING may preserve any transmittal or communication by you with M4KING through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or M4KING determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of M4KING, its employees, members of or visitors to the Site, and the public.
12.3. You agree that violation by you of these Terms of Use constitute your forfeiture of paid subscription dues and that M4KING possesses the right to collect payment for usage of the Service, in addition to early termination or misuse fee. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair practice, and will cause irreparable harm to M4KING, for which monetary damages would be inadequate. You consent to M4KING seeking to obtain any injunctive or equitable relief that M4KING deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies M4KING may have at law or in equity, or otherwise provided in the Terms of Use.
12.4. You agree that M4KING may, in its sole discretion and without prior notice, terminate your account, and thereby access to the Site, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
12.5. If M4KING does take any legal action against you as a result of your violation of these Terms of Use, M4KING will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action as permitted by law, in addition to any other relief granted to M4KING. You agree that M4KING will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

13. Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. M4KING reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

14. Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and M4KING with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and M4KING with respect to such use are hereby superseded and canceled. Other than as provided in a purchase agreement you enter into with M4KING, M4KING will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. M4KING’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by M4KING of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between M4KING and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

15. Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. M4KING shall be free to use such information on an unrestricted basis.

16. Applicable Law
All matters relating to the M4KING Service, the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

17. Arbitration And Small Claims Proceedings
PLEASE REVIEW – IMPORTANT – AFFECTS YOUR LEGAL RIGHTS
(i) EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
(ii) IF A DISPUTE IS ARBITRATED, YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US IN STATE OR FEDERAL COURT INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
(iii) DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute, between you and us or our employees, agents, successors or assigns, which arises out of or relates to
(a) these Terms of Use or the existence, breach, termination, enforcement, interpretation or validity thereof;
(b) your access to or use of our Site at any time, whether before or after the date you agreed to these Terms of Use; or
(c) any resulting transaction or relationship (including any such relationship with third parties who do not agree to these Terms of Use) SHALL, AT YOUR OR OUR ELECTION, BE RESOLVED BY NEUTRAL, BINDING ARBITRATION AND NOT BY A COURT ACTION. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO BRING OR PARTICIPATE IN A CLASS ACTION WHETHER BROUGHT IN ARBITRATION OR IN ANY STATE COURT. M4KING agrees to participate in the arbitration in the state of your residence. You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 www.adr.org, or any other organization to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply to govern substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted at a location reasonably accessible to you and in accordance with the rules of the chosen arbitration organization. We will pay the filing, administration, service, case management, arbitrator, and hearing fees that we are required to pay as set forth in the Consumer Arbitration Rules for the American Arbitration Association or as set forth in the applicable rules of the chosen organization unless the law requires us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.
YOU AND WE ALSO RETAIN THE RIGHT TO SEEK REMEDIES IN SMALL CLAIMS COURT FOR DISPUTES OR CLAIMS WITHIN THAT COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. Neither you nor we waive the right to arbitrate by using self-help remedies or for individual injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Provision shall survive any termination or transfer of these Terms of Use. If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.
YOUR SUBSCRIPTION TO M4KING SPECIFICALLY CONSTITUTES CONSENT TO THE PROVISIONS OF SECTION 17.

18. Jurisdiction for Dispute Proceedings
For purposes of seeking injunctive or equitable relief or in the event the Arbitration provision above is found unenforceable, any legal suit other than a suit in small claims court, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state courts located in the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

APPENDIX A

Automatic Payments – Terms and Conditions
By enrolling in this recurring payment program, you authorize M4KING: (a) to initiate recurring automated clearing house (ACH) debit entries or debit card payments from the checking or savings account you specify, or (b) to initiate recurring charges from your specified credit card.

The amount debited from your checking or savings accounts or charged to your credit card every month will be the then-current balance on your account. Your current balance is the amount on your M4KING statement, plus additional charges billed to your account after your statement was issued, fewer credits or payments posted to your account after your statement was issued. Once your enrollment is processed, all payments will be automatically withdrawn from your specified checking or savings account or charged to the designated credit or debit card on the M4KING statement due date, unless you terminate your authorization in the manner described herein.

You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and/or that your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option.

YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION AT ANY TIME ONLINE BY LOGGING INTO THE M4KING APP OR CONTACTING M4KING CUSTOMER SERVICE AND TERMINATING YOUR AUTHORIZATION.

You must update all changes to your checking/savings account or credit/debit card information by logging into your account on the M4KING App. If you do not update your checking/savings account or credit/debit card information and M4KING is unable to charge your credit card or withdraw funds from your debit card, checking account, or savings account for the amount due on your M4KING account, you may be subject to applicable late fees, returned item charges and any fees or charges assessed by your financial institution.

M4KING will make your monthly statement available to you online. You can access your monthly statement by logging into your account on the M4KING App and clicking View Billing on the Overview tab or switching to the Billing tab. You agree to review each bill you receive and give M4KING notice of any errors or disputed charges at least 72 hours prior to your statement due date.
M4KING SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.
M4KING reserves the right to change these terms or terminate this Program at any time. Notice may be given on or with your statement or by other methods.
These terms do not in any way terminate, amend or modify other terms, agreements or policies that apply to your M4KING account or any M4KING services you receive or other agreements you may have with M4KING.
The information contained in these Terms of Use or the Site is subject to change without notice.

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