Thank you for using the Makrwatch platform and the website, products, services and features we make available to you as part of the platform (collectively, the “Services”).   The Services are provided by the midgame Inc., a Delaware corporation, doing business under the name Makrwatch.
Please read these Terms of Service carefully before accessing or using our Services. These Terms of Service are a portion of a legally binding agreement between you and Makrwatch (the “Agreement”).  Our Services are offered subject to your acceptance without modification of all of the terms of the Agreement.  The Agreement includes:

IF YOU ARE NOT WILLING TO BE BOUND BY THE AGREEMENT, DO NOT CONTINUE.

Our Services use YouTube API Services to provide you with relevant information.  By using our Services, you are also agreeing to be bound by the YouTube terms of Service: https://www.youtube.com/t/terms.   You must also agree to the Google Privacy Policy: http://www.google.com/policies/privacy, which is a part of the Makrwatch Privacy Policy:  https://www.makrwatch.com/privacy-policy.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a makrwatch.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

BY CLICKING THE “ACCEPT” BUTTON OR CHECKING THE “ACCEPT” BOX, YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

PLEASE NOTE, THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE, WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

If you are accepting on behalf of a corporation, governmental organization, or other legal entity, you represent that you have the power and authority to enter into this agreement on behalf of that entity and to bind the entity to these terms.

Makrwatch has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Makrwatch does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable to some people, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Makrwatch disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

The following restrictions apply to your use of the Service. You are not allowed to:

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which makrwatch.com links, and that link to makrwatch.com. Makrwatch does not have any control over those non-makrwatch.com websites and is not responsible for their contents or their use. By linking to a non-makrwatch.com website, Makrwatch does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Makrwatch disclaims any responsibility for any harm resulting from your use of non-makrwatch.com websites and webpages.

As Makrwatch asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by makrwatch.com violates your copyright, you are encouraged to notify Makrwatch in accordance with Makrwatch’s Digital Millennium Copyright Act (“DMCA”) Policy. Makrwatch will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Makrwatch will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Makrwatch or others. In the case of such termination, Makrwatch will have no obligation to provide a refund of any amounts previously paid to Makrwatch.

This Agreement does not transfer from Makrwatch to you any Makrwatch or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Makrwatch. Makrwatch, makrwatch.com, the makrwatch.com logo, and all other trademarks, service marks, graphics and logos used in connection with makrwatch.com or our Services, are property of Makrwatch or Makrwatch’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Makrwatch or third-party trademarks.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms of Use that were in place when the dispute arose.

Makrwatch may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your makrwatch.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

OUR SERVICES ARE PROVIDED “AS IS.” MAKRWATCH AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Makrwatch nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

MAKRWATCH WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR RELIANCE DAMAGES, INCLUDING ANY DAMAGES DUE TO LOST OR CORRUPTED DATA, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF MAKRWATCH KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF, OR COULD REASONABLY HAVE PREVENTED, SUCH DAMAGES.

MAKRWATCH WILL NOT BE LIABLE FOR ACTS OF THIRD PARTIES.

MAKRWATCH’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE TO FRACTA BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY. IN THE CASE OF FREE SERVICES, MAKRWATCH’S TOTAL CUMULATIVE LIABILITY IS LIMITED TO FIVE HUNDRED DOLLARS.  THIS LIMITATION OF DAMAGES SHALL BE GIVEN FULL EFFECT EVEN IF THE WARRANTIES PROVIDED IN THIS AGREEMENT ARE DEEMED BY AN ARBITRATOR OR COURT TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. This Section does not limit either party’s liability for bodily injury, gross negligence or willful misconduct.

YOU AND MAKRWATCH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT THAT GAVE RISE TO THE LIABILITY. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Makrwatch Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Makrwatch reserves the right to terminate accounts or access of those in the event of a breach of this condition.

You agree to indemnify and hold harmless Makrwatch, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

This Agreement constitutes the entire agreement between Makrwatch and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Makrwatch, or by the posting by Makrwatch of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitration decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to recover its costs and attorneys’ fees from the other party. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.