Mogulus Service Terms of Use
Last Modified: November 13, 2007
The following Terms of Use (the “Terms“) is a binding agreement between you, either an individual subscriber, customer, member, or user of at least 13 years of age or a single entity (“you“, or collectively “Users“) and Mogulus, LLC (“Mogulus“) regarding your use of the Mogulus web site (located at www.mogulus.com) and other web sites, services and networks owned or controlled by Mogulus that allow for the distribution and reception of video, audio, and other content (the “Mogulus Service“). By accessing the Mogulus Service and/or by clicking “I agree“, you agree to be bound by these Terms of Use. You hereby represent and warrant to Mogulus that you are at least thirteen (13) years of age or and otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following Terms and Conditions. If you register on behalf of a business, you hereby represent to Mogulus that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in these Terms of Use. When using the Mogulus Service, You will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the "Policies"). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms of Service and any other document that has been incorporated by reference herein, these Terms of Service shall control.
Mogulus reserves the right, at Mogulus. discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Mogulus Service. Please check these Terms and any Policies periodically for changes. Your continued use of the Mogulus Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the Mogulus Service.
1. Ownership of Materials; Limited License
1.1 The data and materials on the Mogulus Service, except the Produced Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Mogulus Service (collectively, the "Materials") are the intellectual property of Mogulus, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with Mogulus, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to Mogulus or its affiliates and/or third party licensors. Except as expressly authorized by Mogulus, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. Mogulus reserves all rights not expressly granted in and to the Mogulus Service and the Materials.
1.2 Subject to your compliance with the terms and conditions set out in these Terms, Mogulus hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Mogulus Service for the non-commercial production, streaming and viewing of authorized LinearTV (as defined below).
2. Registration, Accounts and Passwords
2.1 If you become a registered member and create an account on the Mogulus Service, you agree to be responsible and/or liable for:
(i) maintaining the confidentiality of passwords or other account identifiers which you choose; and
(ii) all activities that occur under such password or account identifiers.
2.2 You agree to notify Mogulus of:
(i) any loss of your password or account identifiers; and
(ii) any unauthorized use of your password or account identifiers.
2.3 Without limiting anything in these Terms, Mogulus will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 2.
3. Produced Content
3.1 "LinearTV" as used herein means a method of displaying streaming video content that is viewed simultaneously or nearly simultaneously by all viewers of such streaming video content. The Mogulus Service provides a system and method for Users to produce and distribute authorized live and prerecorded audiovisual content (the "Audiovisual Content") in a LinearTV fashion. Certain registered users may also create their own and personal channels (a "LinearTV Channel"), which may be displayed through a player, monitor, or any other display feature or hardware now or hereafter in existence, which enables the displaying, performance, usage, reproduction, distribution, and publishing of Audiovisual Content. Any LinearTV Channel may also be displayed in proximity with other LinearTV Channels on a grid of LinearTV Channels (the "Grid") or in any other way or method determined by Mogulus in its sole discretion. For clarity, and without limiting anything in these Terms, except for the limited license granted in Section 1.2, no rights of ownership or otherwise are granted to you in any LinearTV Channels.
3.2 The Mogulus Service permits Users to create, upload and/or display content of their own creations, including Audiovisual Content, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text (collectively, "Produced Content"). Mogulus does not guarantee any confidentiality with respect to any Produced Content you upload to or create on the Mogulus Service.
3.3 You retain all of your ownership rights in your Produced Content. However, by submitting Produced Content to Mogulus, you hereby:
(i) grant Mogulus a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform, sell, edit, and otherwise exploit your Produced Content in connection with the Mogulus Service and Mogulus. (and its successor.s) business, including without limitation for promoting and redistributing your Produced Content or part of or all of the Mogulus Service (and derivative works thereof) in any media formats, media channels or medium now or hereafter in existence. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your Produced Content in proximity with or in connection with any third party content; and
(ii) grant each user of the Mogulus Service a non-exclusive license to access your Produced Content through the Mogulus Service, and to use, reproduce, distribute, publish, prepare derivative works of, display and perform such Produced Content solely as permitted through the functionality of the Mogulus Service and under these Terms of Use.
3.4 You are solely responsible for all of your Produced Content and you hereby recognize and affirm that the Mogulus Service is merely providing you the means to produce and distribute your Produced Content. Accordingly, you shall be solely responsible for your own Produced Content and the consequences of posting or publishing it. You hereby affirm, represent, and warrant that:
(i) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Mogulus and Mogulus's Users to use and distribute Your Produced Content as necessary to exercise the rights and licenses granted by You in these Terms and in the manner contemplated by Mogulus and these Terms;
(ii) Your Produced Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other rights of any person or entity; and
(3) Your Produced Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Mogulus Service.
Violators of third-party rights may be subject to criminal and civil liability. Mogulus reserves all rights and remedies against any Users who violate this Terms of Use.
3.5 For the avoidance of doubt, you are not entitled to any compensation from Mogulus for any Audiovisual Content for any reason.
3.6 YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT:
(I) UPLOAD TO OR CREATE ON THE SITE ANY PRODUCED CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS);
(II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE MOGULUS OR ANY THIRD PARTY;
(III) POST, UPLOAD TO, OR CREATE ANY PRODUCED CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR, IN MOGULUS. SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE;
(IV) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS;
(V) IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE MOGULUS SERVICE ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTITY, OR CONTENT OF INFORMATION TRANSMITTED VIA THE MOGULUS SERVICE, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
(VI) USE THE MOGULUS SERVICE FOR ANY PURPOSE OTHER THAN TO ACCESS THE MOGULUS SERVICE AS SUCH SERVICES ARE OFFERED BY MOGULUS;
(VII) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE MOGULUS SERVICE OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OR ANOTHER USER.S PRODUCED CONTENT;
(VIII) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRIBUTE OR OTHEWISE TRANSFER THE LICENSES GRANTED HEREIN OR ANY MATERIALS. FOR CLARITY, YOU MAY NOT ASSIGN, SELL, OR TRANSFER ANY OF YOUR LINEARTV CHANNELS.
(IX) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE MOGULUS SERVICE OR ANY THIRD PARTY CONTENT;
(X) MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE MOGULUS 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;
(XI) USE THE MOGULUS SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
(XII) DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE MOGULUS SERVICE, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, THIRD PARTY PRODUCED CONTENT, OR OTHER CONTENT ON THE MOGULUS SERVICE FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, THE MATERIALS, THIRD PARTY PRODUCED CONTENT AND OTHER CONTENT AVAILABLE ON THE MOGULUS SERVICE IS FOR PERSONAL, NON-COMMERCIAL USE ONLY;
(XIII) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE MOGULUS SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(XIV) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE MOGULUS SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(XV) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE MOGULUS SERVICE OR ANY USER'S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE;
(XVI) TAKE ANY ACTION THAT MAY UNDERMINE MOGULUS.S RATING AND COMMENT SYSTEM (SUCH AS DISPLAYING, IMPORTING OR EXPORTING INFORMATION OFF THE MOGULUS SERVICE, USING INFORMATION ON THE MOGULUS SERVICE FOR PURPOSES UNRELATED TO THE MOGULUS SERVICE, OR IMPROPERLY MANIPULATING OR USING THE RATINGS AND COMMENT SYSTEM);
(XVII) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN MOGULUS.S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON MOGULUS.S INFRASTRUCTURE;
(XVIII) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE MOGULUS SERVICE OR ANY ACTIVITIES CONDUCTED ON THE MOGULUS SERVICE;
(XIX) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES MOGULUS MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE MOGULUS SERVICE;
(XX) UPLOAD OR POST ANY PRODUCED CONTENTS THAT CONTAIN ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY MOGULUS; OR
(XXI) REGISTER MORE THAN FIVE (5) ACCOUNTS AND/OR TEN (10) LINEARTV CHANNELS.
3.7 You understand that when using the Mogulus Service, you will be exposed to Produced Content from a variety of sources, and that Mogulus is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Produced Content or other content. You further understand and acknowledge that you may be exposed to Produced Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mogulus with respect thereto. Mogulus does not endorse any Produced Content or any opinion, recommendation, or advice expressed therein, and Mogulus expressly disclaims any and all liability in connection with the Produced Content.
3.8 Mogulus permits you to link to the Mogulus Service for personal, non-commercial purposes only.
4. Termination; Terms of Use Violations
4.1 Mogulus.
You agree that Mogulus, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with Mogulus or your use of the Mogulus Service and remove and discard all or any part of your account, User profile, and any Produced Content, at any time. Mogulus may also in its sole discretion and at any time discontinue providing access to the Mogulus Service, or any part thereof (including without limitation all Materials), with or without notice. You agree that any termination or suspension of your access to the Mogulus Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Mogulus will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Mogulus may have at law or in equity. As discussed herein, Mogulus does not permit copyright infringing activities on the Mogulus Service, and shall be permitted to terminate access to the Mogulus Service, and remove any Produced Content or other content submitted by any Users who are found to be repeat infringers.
4.2 You.
Your only remedy with respect to any dissatisfaction with (i) the Mogulus Service, (ii) any term of this Terms of Use, (iii) any policy or practice of Mogulus in operating the Mogulus Service, or (iv) any content or information transmitted through the Mogulus Service, is to terminate this Terms of Use and Your account. You may terminate this Terms of Use at any time by discontinuing use of any and all parts of the Mogulus Service and providing Mogulus written notice at the postal or email address in Section 21, below.
4.3 Survival.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 3, 4, 5, 7, 9, and 11-21.
5. Copyright infringement notification
5.1 If you are a copyright owner or an agent thereof (the "Copyright Owner") and believe that any content on the Mogulus Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA"). This notification of claimed infringement must be a written communication provided to the designated agent of Mogulus that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(iii) 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 Mogulus to locate the material.
(iv) Information reasonably sufficient to permit Mogulus to contact the Copyright Owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright Owner may be contacted.
(v) A statement that the Copyright Owner has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
5.2 Mogulus. registered designated copyright agent to receive notifications of claimed infringement is: Mr. Max Haot. His contact information is as follows:
Max Hoat, Copyright Agent
Mogulus LLC
636 Broadway
Floor 3
New York, NY 10012, USA.
takedown@mogulus.com
5.3 Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to Mogulus customer service at Mogulus LLC, Customer Service, 636 Broadway, Floor 3, New York, NY 10012, USA. Any notification of claimed infringement that does not comply with the DMCA.s requirements, is invalid.
5.4 If you receive notice from Mogulus that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide Mogulus with a counter notification. To be valid, a counter notification must be a written communication provided to Mogulus. designated agent as mentioned in section 5.2 that includes substantially the following:
(i) Your physical or electronic signature.
(ii) Identification of the material 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.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the jurisdiction of the Federal District Court for the Southern District of New York, and that you will accept service of process from the Copyright Owner who provided notification as mentioned in section 5.1 or an agent of such person.
5.5 Mogulus reserves the right to terminate without notice any User's access to the Mogulus Service if that User is determined by Mogulus to be a "repeat infringer." In addition, Mogulus accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
6. Embeddable player feature
Mogulus provides an embeddable player feature on the Mogulus Service. Subject to the terms and conditions of this Terms of Use (including this Section 6), Mogulus hereby grants you a limited, non-exclusive, freely revocable license to incorporate such embeddable player into your own personal, non-commercial websites, provided that you include a prominent link back to the Mogulus Service on the pages containing the embeddable player. You hereby represent and warrant that you shall not circumvent, disable or otherwise interfere with security related features of the embeddable player or features that prevent or restrict use or copying of any Material and third party Produced Content (including without limitation Audiovisual Content) or enforce limitations on use of the embeddable player or the Material and third party Produced Content (including without limitation Audiovisual Content) therein.
7. Search Functionality
The Mogulus Service has certain functionality to search for and incorporate video and other content that is available on third party websites unrelated to Mogulus (the "Search Function"). For clarity, the disclaimer of warranties in Section 10 below applies to this search functionality. Mogulus has no responsibility for any content found on such third-party sites, and Mogulus does not review, clear, or approve any such content. It is your sole responsibility to comply with any applicable terms and conditions of the third-party website operators when using such content. Additionally, as with any content uploaded by you to the Mogulus Service, with respect to any content that you find on third-party websites through the Search Function, it is your sole responsibility to comply with applicable laws and to respect the rights of the owners and licensors of such content. Finding third-party content using the Search Functionality does not, in and of itself, give you any rights whatsoever to use such third party content in any way, and, without limiting the indemnification in Section 12, below, you hereby indemnify and hold harmless Mogulus for any losses or liabilities arising out of your use of the Search Functionality or third party content.
8. Third Party Websites
This Mogulus Service may contain links (including, but not limited to, through the Search Functionality) to websites or services operated by other people or companies, (collectively "Third-party Services"). Third Party Services may have their own terms or use and privacy policy or no terms of use or privacy policy at all. Mogulus does not endorse any such Third-party Services or the information, materials, products, or services contained on or accessible through Third-party Services. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Mogulus Service are solely between you and such advertiser. Access and use of Third-party Services, including the information, materials, products, and services on or available through Third-party Services is solely at your own risk.
9. Privacy Policy
Mogulus is committed to protecting the privacy of users of the Mogulus Service. Mogulus's Privacy Policy is hereby incorporated into these Terms by reference. Please read this policy carefully for information on how information is collected, used or disclosed by Mogulus in connection with your use of the Mogulus Service.
10. Disclaimer
CONTENT ON THE MOGULUS SERVICE, INCLUDING WITHOUT LIMITATION, MATERIALS, AND PRODUCED CONTENT, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
MOGULUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE MOGULUS SERVICE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOGULUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE MOGULUS SERVICE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE MOGULUS SERVICE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE MOGULUS SERVICE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF MOGULUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS .
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, MOGULUS MAKES NO WARRANTY THAT THE MOGULUS SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE MOGULUS SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOGULUS OR THROUGH THE MOGULUS SERVICE WILL CREATE ANY WARRANTY. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE MOGULUS SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MOGULUS., AND ITS OFFICERS., DIRECTORS., EMPLOYEES., AFFILIATES., AGENTS., LICENSORS., AND SUPPLIERS. LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Limitation of Liability
IN NO EVENT WILL MOGULUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS MOGULUS 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) THIS MOGULUS SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THIS MOGULUS 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 DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE MOGULUS SERVICE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOGULUS 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 MOGULUS SERVICE BY ANY THIRD PARTY.
IN NO EVENT WILL MOGULUS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE MOGULUS SERVICE OR YOUR INTERACTION WITH OTHER MOGULUS SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO MOGULUS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
MOGULUS RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE MOGULUS SERVICE OR THE CONTENT ON THE MOGULUS SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF MOGULUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN MOGULUS AND RECEIVED THROUGH OR ADVERTISED ON THE MOGULUS SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU SPECIFICALLY ACKNOWLEDGE THAT MOGULUS SHALL NOT BE LIABLE FOR PRODUCED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, MOGULUS., ITS OFFICERS., DIRECTORS., EMPLOYEES., AFFILIATES., AGENTS., LICENSORS. AND SUPPLIERS. LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Indemnification
You agree to indemnify, defend and hold harmless Mogulus, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losess, claims, damages, liabilities, including legal fees and expenses, arising out of:
(i) any claim due to or arising out of your violation of these Terms of Use, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
(ii) your use or misuse of or access to the Mogulus Service;
(iii) your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that you or your Produced Content caused damage to a third party.
Mogulus reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Mogulus, and you agree to cooperate with Mogulus. defense of these claims.
13. Release for disputes between users.
Mogulus does not control the actions of its Users. If you have a dispute with one or more Users, you release Mogulus (and Mogulus.s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
14. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mogulus without restriction.
15. Waiver and Severability
The failure to require performance of any provision shall not affect Mogulus. right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties. intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
16. Notice
Mogulus may provide you with notices, including those regarding changes to Mogulus.s terms and conditions, by email, regular mail or postings on the Mogulus Service. Notice will be deemed given twenty-four hours after email is sent, unless Mogulus is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Mogulus Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Mogulus Service is deemed given 30 days following the initial posting.
17. Choice of Law and Forum
These Terms of Use shall be governed and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms of Use or your access or use of the Mogulus Service will be subject to the exclusive jurisdiction of the state and federal courts located within Santa Clara County in the State of California, and you hereby submit to the personal jurisdiction of such courts. YOU AND MOGULUS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MOGULUS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
19. Entire Agreement.
This is the entire agreement between you and Mogulus relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Policies made by Mogulus as set forth above.
20. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Disclosures.
The services are offered by Mogulus, LLC., located at 636 Broadway, floor 3, New York, NY 10012, USA and email: info@mogulus.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Mogulus Service Privacy Policy
Last Modified: November 13, 2007
Mogulus understands that privacy is important. This Privacy Policy applies to any and all services, applications, platforms, websites, or other affiliated ventures offered by Mogulus. Throughout this Policy, "Mogulus" and "We" refers to Mogulus.com and its affiliates. "You" or "Users" refers to you, our users . everyone who uses, subscribes to, publishes through, joins, or visits Mogulus. The "Mogulus Service" refers to the applications, platform, web site and services controlled, operated or produced by Mogulus.
By using the Mogulus Service, you expressly consent to the information handling practices described in this notice. This Privacy Policy is incorporated into and is subject to the Mogulus Service Terms of Use. Your use of the Mogulus Service and any personal information you provide through the Mogulus Service are subject at all times to this Privacy Policy and the Terms of Use.
TABLE OF CONTENTS
1. The Information Mogulus Collects
2. The Way Mogulus Uses Information
3. When Mogulus Discloses Information
4. Your Choices
5. Advertisers
6. Data Security
7. Children.s Privacy
8. International Visitors
9. In the Event of Merger or Sale
10. Third Parties
11. Changes and Updates to this Privacy Policy
12. Mogulus Contact Information
1. The Information Mogulus Collects:
2. The Way Mogulus Uses Information:
3. When Mogulus Discloses Information:
4. Your Choices and Access to your Personal Information
You may, of course, decline to share your personally-identifiable information with Mogulus, in which case Mogulus will not be able to provide to you some of the features and functionality found on the Mogulus Service. You may view, update, correct, or delete your user information and preferences by contacting us at privacy@Mogulus.com.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
5. Advertisers
Mogulus allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Mogulus Service. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements that appear within the Mogulus Service and they automatically receive your IP Address and other log file information when this happens. Such third-party ad servers may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.
Mogulus does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Mogulus to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.
You should consult the respective privacy policies of these third-party ad servers or ad networks. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. Mogulus reserves the right the add or remove third-party ad networks or ad servers in its discretion and Mogulus may not at all times list such updated ad network or ad server partners in this Privacy Policy.
6. Our Commitment to Data Security:
Mogulus uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Mogulus, and you do so at your own risk. Once we receive your transmission of information, Mogulus makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Mogulus learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Mogulus may post a notice on the Mogulus Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@Mogulus.com.
7. Our Commitment to Children's Privacy:
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE MOGULUS SERVICE AT ANY TIME OR IN ANY MANNER.
Protecting the privacy of young children is especially important. For that reason, Mogulus does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If Mogulus learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the Mogulus Service, then Mogulus will take the appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who has become a Mogulus Service member, then please contact Mogulus at privacy@Mogulus.com to have that child.s account terminated and information deleted.
8. International Visitors:
For Users visiting the Mogulus Service from the European Union or other non-U.S. territories, please note that any data you enter into the Mogulus Service will be transferred outside the European Union or such other non-U.S. territory for use by Mogulus and its affiliates for any of the purposes described herein. In addition, because Mogulus operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the Mogulus Service, you hereby expressly consent to such transfers of your data to the United States or other countries.
9. In the Event of Merger or Sale:
In the event that Mogulus is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.
10. Third Parties
Except as otherwise expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides Mogulus, whether they are users of the Mogulus Service or on other sites or services, different rules may apply to their use or disclosure of the information you disclose to them. Mogulus does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
11. Changes and Updates to this Privacy Policy:
This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a "last modified" date below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information. Your continued use of the Mogulus Service constitutes your agreement to this Privacy Policy and any future revisions.
For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.
12. Mogulus Contact Information:
Please contact Mogulus with any questions or comments about this Privacy Policy, our third-party disclosure practices, or your consent choices at: 636 Broadway, floor 3, New York, NY 10012, USA or by email: privacy@Mogulus.com. We will respond to your inquiry within 30 days of its receipt.
