Terms of Service

By accessing or using the website operated by MGS LLC (“MGS,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you are prohibited from using the Site and must discontinue use immediately.

These Terms constitute a legally binding agreement between you and MGS LLC regarding your use of the Site.

Unless otherwise indicated, the Site and all content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, designs, and the arrangement thereof — are owned by MGS LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. This license does not include the right to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as expressly permitted by these Terms.

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site
• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Interfere with or disrupt the integrity or performance of the Site or its related systems
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or making up the Site

MGS LLC develops and distributes software applications (such as Plush Media Player and other products) through the Apple App Store and other distribution channels. These applications are subject to their own separate End User License Agreements (EULAs), Apple’s Licensed Application End User License Agreement, and any applicable App Store terms and conditions.

Nothing in these Terms grants you any rights to MGS software applications beyond what is provided in those separate agreements. In the event of a conflict between these Terms and an application-specific EULA, the application-specific EULA shall govern with respect to that application.

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by MGS LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that MGS LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MGS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MGS LLC DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE, RELIABLE, OR COMPLETE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MGS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to, use of, or inability to access or use the Site
• Any conduct or content of any third party on the Site
• Any content obtained from the Site, including blog posts, tutorials, and educational materials
• Unauthorized access, use, or alteration of your transmissions or content

This limitation applies whether the alleged liability is based on warranty, contract, tort, negligence, strict liability, or any other basis, even if MGS LLC has been advised of the possibility of such damage.

You agree to defend, indemnify, and hold harmless MGS LLC, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys’ fees) arising from:

• Your use of and access to the Site
• Your violation of any term of these Terms
• Your violation of any third-party right, including any copyright, property, or privacy right
• Any claim that your use of the Site caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Site.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect.

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We reserve the right to modify or replace these Terms at any time at our sole discretion. When we make changes, we will update the “Last updated” date at the top of this page. What constitutes a material change will be determined at our sole discretion.

Your continued use of the Site after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Site.

If you have questions about these Terms of Service, please contact us: