MY COMMUNITY TODAY Terms of Service
Thanks for choosing MY COMMUNITY TODAY! We are a service company that provides our users with access to motion pictures, television and other audio-visual entertainment (movies, television shows, clips) streamed over the Internet to certain Internet-connected TVs, computers and other devices (collectively, "your device"), enhanced by additional functionalities, such as a social interactive platform, an instant messaging and video chat function and others.
The following Terms of Service (collectively, the "Terms") create a binding legal agreement between you, either an individual user or, alternatively, a single legal entity (collectively, "you" or “your”) and MY COMMUNITY TODAY, INC (collectively, "MY COMMUNITY TODAY" or “we” or “us” or “our”), concerning your use of the MY COMMUNITY TODAY Service and related services and networks owned or controlled by MY COMMUNITY TODAY. As used in these Terms of Service, "MY COMMUNITY TODAY Service", "our Service", "the Service" or "the Services" means the service provided by MY COMMUNITY TODAY for discovering and watching movies and television shows, together with all features and functionalities, website, and user interfaces, as well as all Content and software related to our Service.
IF YOU ARE A RESIDENT OF THE UNITED STATES (INCLUDING ITS POSSESSIONS AND TERRITORIES), YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION XVI (BELOW) TO RESOLVE ANY DISPUTES WITH MY COMMUNITY TODAY (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
You have no ownership rights in any MY COMMUNITY TODAY software. You have a limited license to utilize the MY COMMUNITY TODAY software. Ownership of the MY COMMUNITY TODAY software and all intellectual property rights therein shall remain at all times with MY COMMUNITY TODAY and/or its licensors. Any other use of the MY COMMUNITY TODAY software by any other person, business, corporation, government or any other entity is strictly prohibited.
MY COMMUNITY TODAY reserves the right, at MY COMMUNITY TODAY's sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Service. Please check these Terms and any Policies periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms will automatically be effective thirty (30) days after they are initially posted on the Service.
You may wish to print or save a local copy of the Terms for your records.
A) These Terms apply to all users of the Service, including users who are additionally contributors of Content on the Service. “Content” includes the text, data, software, logos, trademarks, works of authorship, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, applications, links, interactive features and different materials you may view on, access through, or contribute to the Service. The Service incorporates all aspects of MY COMMUNITY TODAY, including but not limited to all products, software and services offered via the MY COMMUNITY TODAY website, like the MY COMMUNITY TODAY channels, the Ubeam function, the SIN platform and other applications.
In order to access certain features of the Service, you will have to create an MY COMMUNITY TODAY account. You may also be required to provide personal and/or demographic information. When creating your account, you must provide true, accurate, current and complete information concerning yourself and you are responsible for keeping such information up-to-date (this includes your contact information, in order that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you will not sell, share or otherwise transfer your account information. If you choose a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate.
You are responsible for all use of your account, including use of your account by other members of your household whether authorized by you or not. By allowing others to access your account, you agree to be responsible for ensuring that they conform to these Terms and you consent to be liable for their activity using the Service.
Your password protects your user account, and you are solely responsible for keeping your account and password confidential and for restricting access to your computer. You will not have to reveal it to any MY COMMUNITY TODAY representative. You must notify MY COMMUNITY TODAY immediately of any breach of security or unauthorized use of your account and change your password as soon as possible.
Although MY COMMUNITY TODAY will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MY COMMUNITY TODAY or others as a result of such unauthorized use.
You may never use another's account without permission and you will not create more than one personal account, or create an account for anyone other than yourself without permission. If we disable your account, you will not create another one without our consent.
IV. Prohibited Behavior
You will not, and will not encourage, assist, or allow any other person or entity to (collectively, "Prohibited Behavior"):
A) violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
B) post, upload or otherwise transmit or link to Content that is: unlawful, threatening, harmful, abusive, pornographic or includes nudity, offensive, harassing, excessively violent, tortuous, defamatory, false or misleading, obscene, vulgar, libelous, hateful, or discriminatory;
C) make unsolicited offers, advertisements, proposals, or send/broadcast junk mail or spam to different users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
D) upload, post, email or otherwise transmit without authorization any Content that contains personal, private, or financial information or other personally identifiable information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, driver's license numbers, dates of birth, passwords or other related information;
E) introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
F) publish falsehoods or misrepresentations that could damage MY COMMUNITY TODAY or any third party;
G) request or offer sexually explicit images, and/or Content harmful to children;
H) exploit or endanger a minor;
I) attempt to access or search the Service, including the Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MY COMMUNITY TODAY or other generally available third party web browsers;
J) perform any fraudulent activity, including without limitation, impersonate another person or entity, including, but not limited to, a MY COMMUNITY TODAY official, dishonestly claim an affiliation with any person or entity, or access the MY COMMUNITY TODAY accounts of others without permission;
K) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, with the exception of and just to the extent that such activity is precisely allowed by applicable law notwithstanding this restriction;
M) use the Service or Content for any commercial purpose or the benefit of any third party or in way not allowed by these Terms. Prohibited commercial purpose do not include uploading an original video to MY COMMUNITY TODAY, or maintaining an original channel on MY COMMUNITY TODAY, to promote your business or artistic enterprise;
N) use the Service to advertise or promote services that are not expressly approved in advance in writing by MY COMMUNITY TODAY;
O) use the Service to advertise or promote competing services;
P) use the Service for any purpose other than as intended by MY COMMUNITY TODAY;
Q) start, sustain, or in any way participate in any pyramid or other illegal scheme through the Service;
R) encourage conduct that would constitute a criminal offense or give rise to civil liability;
S) intercept, tap into, record, monitor, damage, alter, manipulate or modify any communication not intended for you;
T) take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any movie or other television program, service or product that may be presented by the MY COMMUNITY TODAY;
U) rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer or share the rights granted under this Agreement;
V) erase, modify, or obscure indications or notices regarding the copyright or other rights in the Service or in any Content;
W) interfere with or damage the operation of the Service or any party’s enjoyment of the Service by any means.
V. Your Use of Content
Except for your communications with others, postings or feedback submitted by you via the Service any files, photos, documents, audio, digital works, and videos that you upload, store or share through the Service (collectively "your Content"), the Service and all materials herein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights, pictures, audio, videos, music, and other Content and information which users or our other third party licensors stream, post, upload and otherwise submit to the Service (collectively, the "Content"), and all Intellectual Property Rights related thereto, are the exclusive property of MY COMMUNITY TODAY and its licensors (including other users who post Content to the Service).
In addition to the overall restrictions above, the subsequent restrictions and conditions apply particularly to your use of Content.
A) You comprehend that when using the Service, you may be exposed to Content from a variety of sources, and that we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service by any user or other licensor, or endorse any opinion, recommendation, or advice expressed therein, and MY COMMUNITY TODAY expressly disclaims any and all liability in connection with such Content. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content or information you may encounter on MY COMMUNITY TODAY. We are not responsible for the behavior, whether online or offline, of any user of MY COMMUNITY TODAY. In this respect, you use the Service at your own risk. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST MY COMMUNITY TODAY WITH RESPECT THERETO, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, AGREE TO INDEMNIFY AND HOLD HARMLESS MY COMMUNITY TODAY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND LICENSEES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
B) The Content may be owned by MY COMMUNITY TODAY, other companies that give MY COMMUNITY TODAY the right to distribute their Content (like movie publishers) or users of the MY COMMUNITY TODAY (like you). Any Content viewed through the Service, is for your personal and non-commercial use only. MY COMMUNITY TODAY grants you a limited, non-exclusive, non-assignable license to view the Content and to use the Service for personal, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. No right, title or interest shall be transferred to you. You agree not to use the Service for public performances.
C) You may view a movie, television program or other audio-visual Content through the Service primarily within the country in which you have established your account and only in geographic areas where we provide the Service and have licensed such movie, television program or Content. The Content that will be available to watch may vary by geographic location. MY COMMUNITY TODAY will use tools to check your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the change plan information in the "My Account" page to check the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change every once in a while at our discretion.
D) We constantly update the Service. Furthermore, we frequently test different aspects of the Service, including user interfaces, service levels, plans, promotional features, availability of movies and television programs, delivery and pricing. We reserve the right to, and by using the Service you agree that we may, include you in or exclude you from these tests without notification. We reserve the right in our sole and absolute discretion to make changes every once in a while and without notification in how we offer and operate the Service.
E) The Content is provided to you "AS IS". You concur not to avoid, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein. You agree to use the Service, as well as all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or Content therein. You concur not to archive, download (unless you see a “download” or similar link displayed by MY COMMUNITY TODAY on the Service for that Content ), reproduce, distribute, modify, display, perform, publish, license, produce derivative works from, offer for sale, or use (except as expressly authorized in these Terms) Content and information contained on or obtained from or through the Service without express written consent from MY COMMUNITY TODAY and its licensors. MY COMMUNITY TODAY and its licensors hold all rights not expressly granted in and to the Service and the Content. You also agree not to (i) circumvent, remove, alter, deactivate, degrade or thwart any of the Content protections in the MY COMMUNITY TODAY; (ii) insert any code or product or manipulate the Content of the Service in any way; or (iii) use any data mining, data gathering or extraction method.
F) The availability of movies, television programs and other varying audio-visual Content will change every once in a while, and from country to country. The quality of the display of the streaming movies and television programs could vary from computer to computer, and device to device, and may be influenced by an assortment of variables, like your location, the bandwidth available through and/or speed of your Internet connection. "High-definition" and "ultra-high-definition” availability is subject to your Internet service and device capabilities. Not all Content is accessible in "high-definition" or "ultra-high-definition”. A download speed of at least 5.0 Mbps per stream is suggested to receive "high-definition" Content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is suggested to receive "ultra-high-definition” Content, which is defined as resolution higher than 1080p. You are responsible for all Internet access charges. MY COMMUNITY TODAY makes no representations or warranties regarding the quality of your watching experience on your display. The time it takes to start watching a movie, television program or differnet Content may vary based on a number of factors, including your location, available bandwidth at the time, the movie or television program you have chosen and the configuration of your device.
G) Streaming software is developed by, or for, MY COMMUNITY TODAY and is intended to enable streaming of Content from MY COMMUNITY TODAY through your device. We may also use third party streaming services. Functionalities may vary between devices. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE MY COMMUNITY TODAY AND RELATED THIRD PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE THE SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE SERVICE. By using the Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues associated with the device and its compatibility with the Service. If your device is sold, lost or stolen, please deactivate the device. In the event that you fail to log out or deactivate your device, consequent users may access the Service through your account and may be able to access certain information of your account. To deactivate a device, follow directions on the "My Account" page of MY COMMUNITY TODAY.
H) We may terminate or limit your use of the Service, without compensation or prior notice in the event that you are, or if we think that you are in violation of any of these Terms or engaged in unlawful or improper use of the Service.
I) Users may limit the maturity level of movies and television programs viewable by other household members with our Parental Control feature (link), which is also accessible from the "My Account" page on the MY COMMUNITY TODAY.
J) MY COMMUNITY TODAY assumes no liability for advertisements or advertisers material, nor does it assumes any liability for the products provided by advertisers. Any dealings you have with advertisers while using the Service are between you and the advertiser, and you agree that MY COMMUNITY TODAY is not liable for any loss or claim that you may have against an advertiser.
VI. Your Content and Conduct
The following Terms apply to Content submitted by users, and user conduct:
A) The Service may contain comments sections, discussion forums, or different interactive features, like personalized home pages in which you may post upload, publish, broadcast, stream, display, submit or transmit text, words, verbal statements, graphics, images, music, software, audio, video, information or other materials to be made available through the Service, as long as the Content complies with the provisions of Section IV.
B) You concur that you are solely responsible (and that MY COMMUNITY TODAY has no responsibility to you or to any third party) for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by different users and our third party partners and any loss or damage which MY COMMUNITY TODAY may endure. You comprehend that your Content could also be broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. MY COMMUNITY TODAY will not be responsible or liable for any use of your Content by MY COMMUNITY TODAY in accordance with these Terms. You represent, covenant, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and you license to MY COMMUNITY TODAY all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service according to these Terms.
C) For clearness, we do not claim ownership of your Content. Your Content remains your Content and you are responsible for it. However, by submitting Content to MY COMMUNITY TODAY, you hereby grant MY COMMUNITY TODAY a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and MY COMMUNITY TODAY's (and its successors and affiliates) business, including without limitation for promoting and redistributing part or all of the Service in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You furthermore allow every user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time once you remove or delete your videos from the Service. You acknowledge and agree that we may preserve Content and materials submitted by you, and may likewise reveal such Content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content or materials submitted by you violate the rights of third parties; or (iv) protect the rights, property, or personal safety of MY COMMUNITY TODAY, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public. When you erase Content, it is erase in a manner similar to emptying the recycle bin on a computer. However, you comprehend that removed Content may persist in backup copies for a reasonable period of time (however won't be accessible to others). The above licenses granted by you in interactions and user comments you submit are perpetual and irrevocable.
D) You represent and warrant that you own the Content or otherwise have sufficient rights in it to grant to MY COMMUNITY TODAY the license set forth in this section without infringing or violating the rights of any third party.
E) You comprehend that we have the right, but not the obligation, to monitor any Content posted or uploaded to the Service to determine conformity with these Terms and any operating rules established by MY COMMUNITY TODAY. However, we reserve the right at all times, in our sole discretion, to screen, edit, refuse to post or remove without notice any Content posted or uploaded to the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content posted to the Service at your sole cost and expense. We also reserve the right at all times to reclaim usernames without liability to you .
F) MY COMMUNITY TODAY does not allow copyright infringing activities and infringement of intellectual property rights on the Service, and MY COMMUNITY TODAY will remove all Content if properly notified that such Content infringes on another's intellectual property rights. MY COMMUNITY TODAY maintains whatever authority is needed to remove Content without prior notice.
G) MY COMMUNITY TODAY is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including reactions to polls or through postings to the Service, including the MY COMMUNITY TODAY website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. In addition, you agree not to enforce any "moral rights", to the extent permitted by applicable law. We always appreciate your feedback or different recommendations about MY COMMUNITY TODAY, but you comprehend that we may use your suggestions without any obligation to compensate you for them, just as you have no obligation to offer them. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against MY COMMUNITY TODAY and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is significantly similar to the material or idea you sent.
I) We know how annoying and irritating it can be to receive unwanted email or instant messages from individuals you do not know. Therefore, you may not use the Service to collect information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, as already stated in Section IV. You comprehend that we may employ technical measures to avoid spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. Spam is unwanted or unsolicited bulk email, postings, contact requests, text messages, or instant messages. In the event that you post or otherwise send spam, advertising, or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused significant damage to MY COMMUNITY TODAY and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you consent to pay MY COMMUNITY TODAY $50 for each such unsolicited communication you send through the Service.
VII. Account Termination Policy
A) MY COMMUNITY TODAY will terminate a user's account or access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
B) We reserve the right to promptly terminate your account or your access to the Service at any time, without prior notice, if MY COMMUNITY TODAY decides in its sole discretion that you have breached these Terms, created risk or potential legal exposure for us, engaged in other improper behavior, or for any other business reason.
C) MY COMMUNITY TODAY reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not restricted to, obscenity, pornography, or excessive length. MY COMMUNITY TODAY may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms.
D) If MY COMMUNITY TODAY terminate your account, we will notify you by email or at the next time you attempt to access your account.
E) If MY COMMUNITY TODAY terminate your account, you agree that MY COMMUNITY TODAY shall have no liability or responsibility to you and MY COMMUNITY TODAY will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
VIII. Payment Terms
- a. Membership
- Your MY COMMUNITY TODAY membership, which may begin with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet connection and provide us with a current, valid, approved method of payment (collectively, "Payment Method") to use the MY COMMUNITY TODAY Service. We will bill the monthly membership fee to your Payment Method.
- We may offer various membership plans, including special promotional plans or memberships with differing conditions and restrictions. Any materially different terms from those described in these Terms will be revealed at your sign-up or in other different communications made available to you.
- You can find particular details regarding your membership with MY COMMUNITY TODAY on the "My Account" page of MY COMMUNITY TODAY.
- b. Free Trials
- As already stated above, your MY COMMUNITY TODAY membership may begin with a free trial. The free trial period of your membership goes on for one month, or as otherwise specified during sign-up. For combinations with different offers, restrictions may apply. Free trials are for new and certain former members only. MY COMMUNITY TODAY reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly membership fees at the end of the free trial period, unless you cancel prior to the end of the free trial period. To see the particular points of interest of your membership, including monthly membership price and end date of your free trial period, click the XXXXXXX link on the "My Account" page. We may approve your Payment Method through different methods, including authorizing it up to approximately one month of Service as soon as you register. In some instances, your available balance may be diminished to reflect the authorization during your free trial period.
- It is imperative to understand that you will not receive a notice from MY COMMUNITY TODAY that your free trial has ended or that your paying portion of your membership has begun. If you wish to avoid charges to your Payment Method, you must cancel your membership prior to midnight Pacific Time on the last day of your free trial period. CLICK THE "MY ACCOUNT" LINK ON THE MY COMMUNITY TODAY WEB PAGE TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
- c. Billing Account
- To pay the charges for the Service, you will be asked to provide a Payment Method at the time you sign up. Furthermore, you consent to allow MY COMMUNITY TODAY to use any updated account information regarding your selected Payment Method provided by your issuing bank or the applicable payment network.
- You agree to keep your billing account and contact information current at all times. Changes made to your billing account will not influence charges we submit to your billing account before we could reasonably act on your changes to your billing account.
- d. Billing
- By providing MY COMMUNITY TODAY with a Payment Method:
- (i) represent that you are authorized to use the Payment Method that you provided and that any payment information you provide is genuine and accurate;
- (ii) authorize MY COMMUNITY TODAY to charge you for the Service or accessible Content using your Payment Method;
- (iii) authorize MY COMMUNITY TODAY to charge you for any paid feature of the Service that you choose to sign up for or use while these Terms are in force.
- e. Recurring Billing
- By starting your MY COMMUNITY TODAY membership and providing or designating a Payment Method, you empower us to charge you a monthly membership fee at the current rate, and any other charges you may acquire regarding your use of the MY COMMUNITY TODAY Service to your Payment Method.
- You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you empower us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- f. Price Changes
- We reserve the right to adjust pricing for our Service or any components thereof in any way and at any time as we may decide in our sole and absolute discretion. We will notify you by email no less than 15 days before the price change.
- If you do not agree to the price change, you must cancel and stop using the Service before the price change takes effect. If there is a fixed term and price for the Service offer, that price will remain in force for the settled term.
- g. Billing Cycle
- The membership fee for our Service will be billed at the beginning of the paying portion of your membership and each month from that point unless and until you cancel your membership. We automatically bill your Payment Method every month on the calendar day corresponding to the commencement of your paying membership. Membership fees are completely earned upon payment.
- We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled.
- In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate.
- Click on the XXXXXXX link on the "My Account" page to see the commencement date for your next renewal period.
- h. Refund Policy
- PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS FOR PARTIAL-MONTH MEMBERSHIP. If you believe that MY COMMUNITY TODAY has charged you in error, you must get in touch with us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds at our sole discretion.
- If we issue a refund , we are under no obligation to issue the same or similar/comparable refund later on. This refund policy does not influence any statutory rights that may apply.
- i. Payment Methods
- You may edit your Payment Method information by visiting "My Account" page on the MY COMMUNITY TODAY. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and empower us to continue billing the Payment Method, as it may be updated.
- This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or different charges. Check with your Payment Method service provider for details.
- j. Cancellation
- You must cancel your membership before your monthly renewal date in order to avoid the next billing. You may cancel your MY COMMUNITY TODAY membership at any time, and you will continue to have access to the Service through the end of your monthly billing period, but you will not receive a refund.
- To cancel, go to the "My Account" page on MY COMMUNITY TODAY website and follow the guidelines for cancellation.
- In the event that you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click XXXXXXX on the "My Account" page.
- k. Promotional Offers
- Every now and then, MY COMMUNITY TODAY may offer services for a trial period during which MY COMMUNITY TODAY will not charge you for the services. MY COMMUNITY TODAY reserves the right to charge you for such services (at the normal rate) if MY COMMUNITY TODAY determines (in its reasonable discretion) that you are breaching the Terms and conditions of the offer.
- l. Payments to You
- In the event that we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a consequence of this payment to you. You must also follow some other conditions we place on your right to any payment.
- In the event that you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our endeavors to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
IX. Messaging, Video-Chat and Live-Broadcasting
No Access to Emergency Services (the public organizations that respond to and deal with emergencies when they occur, especially the ambulance service, the police, and the fire brigade).
There are important differences between traditional telephone services and MY COMMUNITY TODAY. MY COMMUNITY TODAY is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations, or law. MY COMMUNITY TODAY software and products are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or whatever other sort of services that connect a user to emergency services personnel or public safety answering points. You acknowledge and concur that (i) it is your obligation to purchase traditional wireless (mobile) or fixed-line telephone services that offer access to Emergency Services, and (ii) MY COMMUNITY TODAY is not a replacement for your primary telephone service.
You agree not to use the Service to do any of the following (see also the provisions of Section IV):
A) capture, alter, adapt or modify any Content, including, images, audio, text or other materials transmitted by other users without their explicit and informed consent;
B) collect, store, disclose, disseminate or distribute personal data with respect to third parties except as contemplated by these Terms and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties;
C) record a video or telephone conversation or text message or other form of communication on the Service unless you are in compliance with all applicable laws - whether federal, state, local or international - protecting the privacy of communication for all parties to the conversation. Although the laws protecting each person may vary depending on the locality in which that person is situated, you should generally obtain express and informed consent from all parties to the conversation before any recording or other use is made of the communication. It is recommended that, at a minimum, each party's verbal consent be recorded at the beginning of the communication to verify that such consent was obtained;
D) engage in any activity that violates any local, state or federal law or regulation or the law or regulation of any foreign government;
E) knowingly or recklessly permit others to use the Service (i) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (ii) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (iii) so as to materially interfere with the use of the Service by other users or authorized users; or (iv) in a manner which, in our opinion, is inconsistent with the generally accepted rules of Internet etiquette and conduct;
F) provide anonymity to activities which are unlawful, fraudulent, or violate the intellectual property rights of a third party;
G) interfere with the use or enjoyment of the Service by other users or authorized users. This shall include excessive use of services which impair the fair use of other users;
H) obtain or attempt to obtain service by any means or device with intent to avoid payment;
I) engage in any activities that do or are designed to harass, or that will cause a denial-of-service to any other user of the Service or on another ISP's network;
J) hold MY COMMUNITY TODAY, its suppliers, officers, directors, employees, agents, affiliates or shareholders up to public scorn, ridicule, or defamation.
By using the MY COMMUNITY TODAY software with a webcam or other photographic or video device and/or a microphone, and access to the Internet, you have the capacity to transmit Content, including images and audio content to different users. You comprehend that MY COMMUNITY TODAY cannot prevent or control others from capturing, altering, adapting, modifying or disclosing your Content, without your consent. You hereby release, discharge and consent to indemnify, defend and hold harmless MY COMMUNITY TODAY for and against any and all claims and demands, including yet not constrained to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity arising out of or in connection with any unapproved use of such Content.
You are exclusively responsible for your interactions (including any disputes) with other MY COMMUNITY TODAY users. You understand that MY COMMUNITY TODAY does not in any way screen MY COMMUNITY TODAY users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Service and revealing personal information to other MY COMMUNITY TODAY users. You agree to take reasonable safety measures in all interactions with other MY COMMUNITY TODAY users, especially if you choose to meet a MY COMMUNITY TODAY user offline, or in person. Your use of the Service, Content and any other information or other materials made accessible through the Service is at your sole risk and discretion and MY COMMUNITY TODAY hereby disclaims any and all liability to you or any third party relating thereto. MY COMMUNITY TODAY maintains whatever authority is needed to contact users, in compliance with applicable law, in order to evaluate compliance with the rules in these Terms. You will collaborate completely with MY COMMUNITY TODAY to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized MY COMMUNITY TODAY representatives access to any password-protected portions of your MY COMMUNITY TODAY account.
MY COMMUNITY TODAY may in its sole discretion review and/or record broadcast chat exchanges and/or other communications engaged in via the Service, in accordance with applicable law, in order to evaluate compliance with the rules and policies set forth in these Terms or as otherwise technically necessary.
X. Disclaimer of Warranties
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICE, YOU AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. THE MY COMMUNITY TODAY SERVICE AND ALL CONTENT AND SOFTWARE RELATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED TO THE MY COMMUNITY TODAY SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE," "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MY COMMUNITY TODAY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW , ANY (I) DELAYS, INTERRUPTIONS, ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) WARRANTIES REGARDING THE TRANSMISSION OR DELIVERY OF THE MY COMMUNITY TODAY SERVICE; (III) ANY HARM TO YOUR COMPUTER SYSTEM, PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF DATA OR ANY OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (V) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE MY COMMUNITY TODAY SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH CAN BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND (VII) WARRANTIES REGARDING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE MY COMMUNITY TODAY SERVICE. IF YOU BUY A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON O5MEDIA, THE TERMS OF SALE FOR YOUR ACQUISITION ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE ACQUISITION. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MIGHT NOT APPLY TO YOU.
XI. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL MY COMMUNITY TODAY, ITS AFFILIATES, ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF (I) THE SERVICE, YOUR ACCESS, USE, OR FAILURE TO USE THE SERVICE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR INFORMATION, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND (VI) ANY DEFAMATORY, OFFENSIVE, INAPPROPRIATE, OR ILLEGAL CONTENT OR THE CONDUCT OF ANY THIRD PARTY.THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
A) To the extent permitted by applicable law, you consent to defend, indemnify and hold harmless MY COMMUNITY TODAY, its parent corporation, officers, directors, employees, affiliates, assigns, agents and their past officers, directors and employees, representatives and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including however not restricted to attorney's fees) arising from (i) your use or misuse of or access to the Service; (ii) any claim due to or arising out of your violation of these Terms, including however not restricted to a claim arising out of a breach of your representations or warranties made hereunder; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) any claim that you or your Content caused damage to a third party.
B) We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you consent to provide us with such cooperation as is reasonably requested by us.
C) This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Service.
XIII. Copyright Policy
A) Takedown Notice. If you are a copyright owner or an agent thereof and believe that any Content or other material provided through the Service, including through a link, infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our DMCA Agent with the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A notification of claimed copyright infringement should be emailed to MY COMMUNITY TODAY's DMCA Agent at (email) (subject line: "DMCA Takedown Notice"). You may also contact us by mail at (adress). Emails sent to (email) for purposes other than communication about copyright infringement may not be answered.
MY COMMUNITY TODAY has a policy of terminating repeat infringers accounts in appropriate circumstances, as already stated in Section VII. A repeat infringer is a user who has been notified of infringing activity more than twice.
B) Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to our DMCA Agent:
- your physical or electronic signature;
- identification of the Content that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that the you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled;
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the DMCA Agent, MY COMMUNITY TODAY may forward the counter notice, it will include the full text of the counter notice and any personal information you provide, to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MY COMMUNITY TODAY's sole discretion. By submitting a counter notification, you consent to having your information revealed in this way. MY COMMUNITY TODAY will not forward the counter notification to any party other than the original complaining party.
Any graphics, logos, page headers, the layout and design of any page or form incorporated on a page, button icons, scripts, and service names incorporated into or made available through the Service are trademarks or service marks of MY COMMUNITY TODAY in the U.S. and other countries. MY COMMUNITY TODAY's trademarks and service marks may not be used in connection with any product/service that is not MY COMMUNITY TODAY's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits MY COMMUNITY TODAY. All other trademarks not owned by MY COMMUNITY TODAY that appear in the Service are the property of their respective owners, who may or may not be affiliated with or related to MY COMMUNITY TODAY.
Except as explicitly authorized by MY COMMUNITY TODAY, you will not sell, license, distribute, copy, display, modify, transmit, publish, edit, adapt, prepare derivative works based on, remove, alter or conceal, broadcast, or otherwise exploit trademarks or service marks owned by 05 media.
MY COMMUNITY TODAY reserves the right to secure/protect, anyway it thinks fit, in MY COMMUNITY TODAY's sole discretion, any MY COMMUNITY TODAY's trademark or service mark.
These Terms, and any rights granted hereunder, may not be transferred or assigned by you (in other words, make another person legally responsible for), without the prior written consent of MY COMMUNITY TODAY. Any purported assignment or delegation by you without the appropriate prior written consent of MY COMMUNITY TODAY will be null and void. MY COMMUNITY TODAY may assign these Terms or any rights hereunder without your consent.
XVI. Arbitration Agreement
A) If you are an MY COMMUNITY TODAY user in the United States (including its possessions and territories), you and MY COMMUNITY TODAY concur that all disputes between you and MY COMMUNITY TODAY with regard to your relationship with MY COMMUNITY TODAY, including without limitation disputes related to these Terms, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes. As an option, you may bring your claim in your local "small claims" court, if its rules allow it. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator rather than a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award equivalent damages and relief that a court can award. You agree that, by consenting to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and MY COMMUNITY TODAY are each waiving the right to a trial by jury or to participate in a class action. This Arbitration Agreement will survive the termination of your relationship with MY COMMUNITY TODAY.
B) Our goal is to resolve disputes fairly and rapidly. (A "Dispute" means any dispute, claim, or controversy between you and us concerning any aspect of your relationship with us). If you choose to seek arbitration or file a small claim court action, you must first send to MY COMMUNITY TODAY, by certified mail, a written notice of your claim (collectively, "Notice"). The Notice to MY COMMUNITY TODAY must be addressed to: (address). The Notice must contain the subsequent information: (i) your full name and contact information; (ii) your concern; and (iii) your suggested solution/arrangement. If MY COMMUNITY TODAY initiates arbitration, it will send a written Notice to the email address used for your user account. If MY COMMUNITY TODAY and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MY COMMUNITY TODAY may commence an arbitration proceeding or file a claim in small claims court.
C) You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
D) To help resolve any issues between us promptly and directly, you and MY COMMUNITY TODAY agree to begin any arbitration within one year after a claim arises, otherwise the claim is waived.
E) The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will refund those fees for claims lower than $75,000 unless the arbitrator determines the claims are frivolous or brought for an improper purpose. Likewise, MY COMMUNITY TODAY will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous or brought for an improper purpose. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA's rules. The arbitrator is bound by the Terms of this Agreement. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA,s rules. The arbitration hearings will be held in XXXXXXX County, California.
F) We each agree that any dispute resolution proceedings are going to be conducted only on an individual basis. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. Further, unless both you and MY COMMUNITY TODAY concur otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. On the off chance that this specific Agreement is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You may not combine a claim that is subject to arbitration under these terms and conditions with a claim that is not eligible for arbitration under these terms and conditions. The arbitrator will decide whether or not a dispute can be arbitrated.
These Terms are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. To the extent that the Arbitration Agreement outlined in Section XVI is not applicable, you and MY COMMUNITY TODAY consent to submit to the exclusive jurisdiction of the courts located in the XXXXXXX County of the State of California.
This Agreement was written in English. To the extent any translated form of this Agreement conflicts with this version, this form controls.
If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent allowable and the other provisions of these Terms of Service will remain in full force and effect.
You concur that if MY COMMUNITY TODAY does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MY COMMUNITY TODAY has the benefit of under any applicable law), this will not be taken to be a formal waiver of MY COMMUNITY TODAY's rights and that those rights or remedies will still be accessible to MY COMMUNITY TODAY.
You acknowledge and agree that each member of the group of companies of which MY COMMUNITY TODAY is the parent shall be third party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third party beneficiaries to the Terms.
YOU AND MY COMMUNITY TODAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.