Last revised on: May 28, 2020
BY ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. Read more here.
In the Highlights section, we provide an overview of the terms and conditions that apply to your access to or use of Mylo, a service operated by CDS Global, Inc. ("CDS", "we", "our" or "us"). Mylo is a digital authentication service (single sign-on) (the “Services”) that enables users to (a) sign in to websites, apps and other digital properties operated by various publishers and other operators (collectively, the “Participating Properties”) and (b) interact with various features offered on the Participating Properties, such as purchasing subscriptions, signing up for newsletters, participating in polls or contests and commenting on articles. Please review the full Terms of Service below for a detailed explanation of applicable terms and conditions. Any reference to the Terms of Service, including its sections, in the Highlights section is intended to refer to the full Terms of Service below.
Application and Acceptance of the Terms of Service
Intellectual and Other Proprietary Rights
Release, Indemnity, Disclaimers and Limitation of Liability
Changes to the Terms of Service
Governing Law and Severability
These Terms of Service along with our Privacy Notice, any FAQs and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Services that are owned or operated by CDS Global, Inc. ("CDS", "we", "our" or "us"), are a contract in electronic form between you ("you," "your," and "yourself") and CDS (the "Agreement") that apply to your access to or use of Mylo, a service operated by CDS. Mylo is a digital authentication service (single sign-on) (the “Services”) that enables users to (a) sign in to websites, apps and other digital properties operated by various publishers and other operators (collectively, the “Participating Properties”) and (b) interact with various features offered on the Participating Properties, such as purchasing subscriptions, signing up for newsletters, participating in polls or contests and commenting on articles. This Agreement sets forth the legally binding terms governing your access to and use of the Services. This Agreement applies to CDS and its affiliates only and does not cover the Participating Properties that you may access through the Services. Certain additional terms and conditions may be displayed with certain Services that you may use from time to time, which shall also form part of the legally binding Agreement between you and us.
We are not the creator or owner of the content displayed on the Participating Properties. Rather, we provide the Services, which enable users to access certain features and functionalities on those Participating Properties. The various publishers and other operators of the Participating Properties are responsible for ensuring that any page accessible via the Services meets all applicable local, state, provincial, national and other laws, rules and regulations, and that any goods and services promoted, offered or otherwise described on the Participating Properties is described, and/or delivered as described, in an accurate satisfactory manner. For any Services that involve payment processing, if the publisher or operator responsible for the applicable Participating Property selects a payment processing method that uses a third party to process the payment, then we do not process the transaction. If a publisher or operator of a Participating Property has contracted with us to provide payment processing Services, we act as such publisher’s or operator’s limited agent solely for the purpose of using our payment services to collect payments through the Services and passing such payments to the applicable Participating Property.
In connection with your use of the Services, we may obtain information from you directly or about you through the Services. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into, and forms part of the Agreement. We are not responsible for the data handling practices of the Participating Properties. We encourage you to review the privacy notices and similar statements of the operators of such Participating Properties to learn about their privacy practices and rights you may have.
The information you submit to us through the Services, including as part of your account creation, registration or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we have actual knowledge or have a reason to believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Services.
The Services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the Services or provide information to us.
By accessing or using the Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Services.
You are responsible for maintaining the confidentiality of your username, password and other credentials ("Credentials") that you may be asked to create to access the Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify CDS of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from the unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.
Your access and use of the Services is for personal and noncommercial purposes only. The rights granted to you in this Agreement are subject to the following restrictions:
Any future release, update, or other addition to functionality of the Services shall be subject to this Agreement. All copyright and other proprietary notices on the Services must be retained on all copies thereof. Modification or use of the Services for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.
If you provide CDS any feedback or suggestions for improving or regarding your use of the Services ("Feedback"), you hereby assign to CDS all rights in the Feedback and agree that CDS shall have the right to use such Feedback and related information in any manner it deems appropriate. CDS will treat any Feedback you provide to CDS as non-confidential and non-proprietary. You agree that you will not submit to CDS any information or ideas that you consider to be confidential or proprietary.
When you use the Services, we obtain various types of information about you and your use of the Services (including your Credentials) as more fully described in our Privacy Notice.
If we become aware of a user's violation of this Agreement, including the rights of the Participating Properties, we may take certain remedial steps, including refusing access to the Services to any person or entity and change eligibility requirements at any time.
If we become aware that any of our users has repeatedly infringed the proprietary rights of a Participating Property, we may take steps to terminate that user's access to the Services. We reserve the right (but have no obligation) to review any information we obtain about you or your use of the Services, investigate, and/or take appropriate action against you in our sole discretion. Such acts may include removing or modifying any information you provide, terminating your access to the Services (including any user account or Credentials), legal action and/or reporting you to law enforcement authorities. If CDS elects to modify any information you provide, CDS nonetheless assumes no responsibility for such information.
CDS reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any information obtained about you or your use of the Services. CDS may seek to gather information from a user who is suspected of violating this Agreement and from any other user. CDS may suspend any users whose conduct is under investigation and may remove such information from its servers as it deems appropriate and without notice. If CDS believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any information permanently, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. CDS may cooperate with law enforcement authorities or court order requesting or directing CDS to disclose the identity of anyone making available any information that is believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS CDS (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS AND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CDS (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERSAND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER CDS OR LAW ENFORCEMENT AUTHORITIES.
Please act responsibly when using the Services. The following rules are a condition of your access to or use of the Services:
We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of this Agreement, including the following:
If you've violated this Agreement, then you're also responsible for any damages to CDS (and its affiliates, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) caused by your violation of this Agreement.
If we close your Mylo account or terminate your use of the Services for any reason, we'll provide you with notice of our actions.
You are responsible for all claims, fees, fines, penalties and other liability incurred by CDS (and its affiliates, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents), any Mylo account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services.
We do not guarantee that any or all of the Services, or access to any Participating Properties, will be made available through your use of the Services. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Services or any part, feature or service that comprises part of the Services at any time with or without notice to you. You agree that CDS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
You agree to pay any applicable fees for any purchases you make of any products, features and/or services ("Purchases") made available by Participating Properties through the Services, including, without limitation, any applicable sales, uses or similar taxes or charges. Certain products, fee-based services or features that you purchase, access or download via the Services may be subject to additional terms and conditions presented to you at the time of purchase, access or download.
As described above, for any Services that involve payment processing, if the publisher or operator responsible for the applicable Participating Property selects a payment processing method that uses a third party to process the payment, then we do not process the transaction. If a publisher or operator of a Participating Property has contracted with us to provide payment processing Services, we act as such publisher’s or operator’s limited agent solely for the purpose of using our payment services to collect payments on the Services and passing such payments to the applicable Participating Property. Nevertheless, by making a Purchase while using the Services, you agree to complete such Purchase, including paying for any fees that are incurred, whether imposed by a Participating Property or a third party in connection with such Purchase.
All transactions you make through the Services are between you and the applicable Participating Property; for that reason, your Purchase is subject to the applicable terms and conditions of that Participating Property and you must contact the Participating Property directly in the event you seek a refund or have any questions.
Participating Properties that you access using the Services may display links to other Internet websites or resources. Because CDS has no control over such websites and resources, you acknowledge and agree that CDS is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with CDS’ partners or third party service providers. For example, if you make a purchase from a third party via a link you accessed from a Participating Property’s website, your contractual relationship is with the third-party you made the purchase from, not with CDS.
If you have a dispute with CDS or a Participating Property, you release CDS (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) from any and all claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree to indemnify and hold CDS (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each, a “Claim”) relating to or arising out of (a) your use of the Services, (b) information you provide or we obtain about you and your use of the Services, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations and (e) the actions or inactions of any third party to whom you grant permission to use your Mylo account to access the Services (including the sharing of your Credentials). CDS reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of CDS. CDS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SERVICE PROVIDERS AND PARTICIPATING PROPERTIES) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS AND PARTICIPATING PROPERTIES) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
CDS DOES NOT HAVE ANY CONTROL OVER THE PRODUCTS OR SERVICES PROVIDED BY PARTICIPATING PROPERTIES WHO ACCEPT PAYMENT USING MYLO, AND CDS CANNOT ENSURE THAT A PARTICIPATING PROPERTY YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR IS AUTHORIZED TO DO SO. CDS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE SERVICES AND THE PARTICIPATING PROPERTIES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. CDS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING A CREDIT CARD OR DEBIT TRANSACTION BECAUSE THE SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BANKING SYSTEM.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. CDS ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY INFORMATION PROVIDED BY YOU OR OTHERWISE OBTAINED BY US ABOUT YOU OR YOUR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND OUR AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS ) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CDS IS NOT LIABLE, AND YOU AGREE NOT TO HOLD CDS RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE SERVICES; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICES; (5) ACTIONS, OR INACTIONS OF PARTICIPATING PROPERTIES; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR MYLO ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICES OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID DIRECTLY TO CDS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER OUR AFFILIATES, SERVICE PROVIDERS, OR PARTNERS NOR THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL HAVE ANY LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
CDS makes no representation that the Services are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Services from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
These Terms of Service apply to you as soon as you access the Services by any means and continue in effect until they are validly terminated as set forth in this section. As described below, some terms remain applicable even after termination.
CDS may, in its sole discretion, terminate your Credentials (including your password, account or any part thereof) or use of the Services, or remove and discard any information stored, sent, or received via the Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Services (including through the sharing of your Credentials), (ii) any unauthorized access or use of the Services (including through the sharing of your Credentials), (iii) any violation of this Agreement, or (iv) tampering with or alteration of the Services.
Except to the extent you have agreed otherwise in a separate written agreement between you and us, you may terminate your access to the Services (for any reason or no reason) and the general applicability of the Agreement by deleting your Mylo account. If you are using the Services without a validly registered account, your only option for these Terms of Service to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without a valid account, this Agreement, including the Terms of Service, remain in effect. If there is a separate agreement between you and us governing your use of the Services and that agreement terminates or expires, these Terms of Service (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
Termination, suspension, or cancellation of this Agreement or your access rights to the Services shall not affect any right or relief to which CDS may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to CDS and its licensors and all rights granted by you to CDS shall survive in perpetuity.
Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Services, the following provisions of this Agreement will survive: Sections 2 - 25.
This Agreement (including the Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Services) constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
We may revise, prospectively, this Agreement by posting an updated version on the Services. You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Services. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Services will be deemed as irrevocable acceptance of any revisions.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
No failure or delay by CDS in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions about this Agreement, you may contact us by email at email@example.com.