Last Updated: June 8, 2025
These Terms of Service ("Terms") govern your access to and use of the website www.mcpera.com ("Site") and all related services, features, content, and applications offered by MCPera ("we", "us", or "our"). By accessing or using the Site, you ("User" or "you") acknowledge that you have read, understood, and agree to be bound by these Terms, which constitute a legally binding agreement between you and MCPera .
If you are using the Site on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have authority to bind that organization to these Terms. In such case, "User" or "you" will refer to that organization.
These Terms expressly supersede prior agreements or arrangements with you. We reserve the right to immediately terminate your access to the Site if you violate any provision of these Terms.
For purposes of these Terms:
"Content" means all text, graphics, images, music, software, audio, video, information, or other materials.
"User-Generated Content" means Content that a User posts, uploads, publishes, submits, or transmits to be made available on the Site.
"Intellectual Property Rights" means all patent rights, copyright rights, moral rights, trademark rights, trade secret rights, and any other intellectual property rights that may exist now or come into existence in the future .
"Personal Data" means any information relating to an identified or identifiable natural person as defined by applicable privacy laws including GDPR and CCPA .
To access certain features of the Site, you may be required to create an account. When creating an account, you agree to:
(a) Provide accurate, current, and complete information;
(b) Maintain and promptly update your account information;
(c) Maintain the security of your password and accept all risks of unauthorized access;
(d) Notify us immediately if you discover or suspect any security breaches related to the Site;
(e) Take responsibility for all activities that occur under your account.
By using the Site, you represent and warrant that:
(a) You are at least 16 years of age or the age of legal majority in your jurisdiction;
(b) You have the legal capacity to enter into contracts;
(c) Your use of the Site does not violate any applicable law or regulation .
We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or applicable laws .
4.1 Our Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MCPera, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws .
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal or internal business purposes. This license does not include any right to:
(a) Republish, reproduce, distribute, publicly display, or make derivative works of any Content;
(b) Use data mining, robots, or similar data gathering or extraction methods;
(c) Use our trademarks, logos, or proprietary information without express written consent;
(d) Reverse engineer, decompile, or disassemble any portion of the Site .
4.2 User-Generated Content
Users retain ownership of their User-Generated Content. By posting User-Generated Content, you grant MCPera a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the Site and our business .
You are solely responsible for your User-Generated Content and the consequences of posting it. By posting User-Generated Content, you represent and warrant that:
(a) You own or have the necessary licenses, rights, consents, and permissions to post such Content;
(b) The Content does not infringe any third party's intellectual property rights, privacy rights, or publicity rights;
(c) The Content complies with all applicable laws and regulations;
(d) The Content is not defamatory, libelous, obscene, or otherwise objectionable .
We reserve the right to remove any User-Generated Content that violates these Terms or that we determine is otherwise harmful to the Site or its users. We do not undertake to review all material before it is posted and cannot ensure prompt removal of objectionable material after it has been posted.
You agree not to engage in any of the following prohibited activities:
(a) Use the Site for any illegal purpose or in violation of any local, state, national, or international law;
(b) Violate or encourage others to violate any right of a third party;
(c) Interfere with security-related features of the Site, including disabling or circumventing features that prevent or limit use;
(d) Attempt to probe, scan, or test the vulnerability of our systems or networks;
(e) Upload or transmit viruses, malware, or any other malicious code;
(f) Use any automated system including "robots," "spiders," or "offline readers" to access the Site;
(g) Impersonate any person or entity or misrepresent your affiliation with a person or entity;
(h) Harass, threaten, or intimidate other users;
(i) Collect or store Personal Data about other users without their express permission .
The Site may contain links to third-party websites or services that are not owned or controlled by MCPera. We have no control over, and assume no responsibility for:
(a) The content, privacy policies, or practices of any third-party sites or services;
(b) Any damage or loss caused by or in connection with the use of any third-party services.
You acknowledge and agree that MCPera shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of any third-party content, goods, or services available through such sites or services .
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share your Personal Data. By using the Site, you agree to our collection and use of your Personal Data as described in our Privacy Policy .
8.1 Data Rights
Depending on your location, you may have certain rights regarding your Personal Data:
(a) Right to know what Personal Data we collect about you;
(b) Right to request deletion of your Personal Data;
(c) Right to opt-out of the sale or sharing of your Personal Data;
(d) Right to correct inaccurate Personal Data .
8.2 International Transfers
Your information may be transferred to and maintained on computers located outside of your jurisdiction where data protection laws may differ. By using the Site, you consent to such transfers .
8.3 GDPR Compliance
For users in the European Economic Area, we process Personal Data in compliance with the GDPR. We only collect and process Personal Data when we have a lawful basis to do so .
YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MCPERA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT .
MCPERA MAKES NO WARRANTY THAT:
(a) THE SITE WILL MEET YOUR REQUIREMENTS;
(b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
(d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MCPERA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE;
(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
(c) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
(d) ANY OTHER MATTER RELATING TO THE SITE .
IN NO EVENT SHALL MCPERA'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID MCPERA, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless MCPera, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
(a) Your violation of these Terms;
(b) Your User-Generated Content;
(c) Your use of the Site other than as expressly authorized in these Terms;
(d) Your violation of any rights of a third party .
12.1 By You
You may terminate your account at any time by contacting us or through your account settings (if available).
12.2 By Us
We may suspend or terminate your access to the Site at any time, with or without cause or notice, including if we believe that you have violated these Terms .
12.3 Effect of Termination
Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability .
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles .
13.2 Dispute Resolution
We prefer to resolve disputes informally, so before filing a claim against MCPera, you agree to try to resolve the dispute by contacting us directly. We'll attempt to resolve the dispute informally by contacting you via email.
If a dispute is not resolved within 60 days after you first contact us, either party may bring a formal proceeding. You agree that all disputes arising out of or in connection with these Terms will be resolved exclusively through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify .
13.3 Class Action Waiver
You AND MCPera AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes .
By continuing to access or use the Site after the revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Site.
15.1 Entire Agreement
These Terms constitute the entire agreement between you and MCPera regarding our Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
15.2 Waiver and Severability
No waiver by MCPera of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms is held by a court to be invalid, illegal, or unenforceable, the remaining provisions will remain in effect.
15.3 Assignment
You may not assign or transfer these Terms without our prior written consent. MCPera may assign these Terms without restriction.
15.4 Notices
We may provide any notice to you under these Terms by: (a) sending a message to the email address associated with your account; or (b) posting to the Site. Notices sent by email will be effective when sent; notices posted to the Site will be effective upon posting.
15.5 Contact Information
For any questions about these Terms, please contact us at:
MCPera Legal Department
legal@mcpera.com
123 Tech Avenue, Suite 100
San Francisco, CA 94105