Terms of Use
Welcome to Moodbase.com (together
with its Content, the “Site”). Please read the following Terms of Use (“Terms”)
carefully before using this Site so that you (“You” or “Your”) are aware of
Your legal rights and obligations with respect to Gamentia Ltd., its affiliates
and subsidiaries (individually and collectively, “Moodbase”, “Gamentia” or
“We”).
1.
Your Acceptance
By using or visiting this Site, including without limitation
contributing to or viewing the Site’s Content (as defined below), You signify Your
assent to (1) these Terms; and (2) Moodbase’s privacy policy at Moodbase.com/privacy
(“Privacy Policy”). These Terms apply to all users of the Site. If You do not
agree to these Terms or the Privacy Policy then please do not access or
otherwise use the Site or any information contained herein.
2.
Ability to
Accept Terms
You affirm that You are over the age of 18, as the Site is not
intended for children under 18. If it comes to our attention that a registered
user is under 18 years of age, Moodbase may cancel that user's account.
3.
Website Access
A. Moodbase hereby grants You permission to use the Site,
provided that: (i); You will not copy, distribute or modify any part of the
Site without Moodbase’s prior written authorization; (ii) You will not send
unsolicited or unauthorized advertisements, spam, chain letters, etc., (iii)
You will not disrupt servers or networks connected to the Site; and (iv) You
comply with these Terms.
B. In order to access some of the services of the Site, You will
have to create an account. You may never use another's account without
permission. When creating Your account, You must provide accurate and complete
information. You are solely responsible for the activity that occurs on Your
account, and You must keep Your account password secure. You must notify Moodbase
immediately of any breach of security or unauthorized use of Your account. You
will be liable for any use made of Your account or password and the losses of Moodbase
or others due to such unauthorized use. Moodbase will not be liable for Your
losses caused by any unauthorized use of Your account.
C. You agree not to use or launch any automated system,
including without limitation, "robots," "spiders," and
"offline readers," that accesses the Site in a manner that sends more
request messages to the Moodbase servers in a given period of time than a human
can reasonably produce in the same period by using a conventional on-line web
browser. You agree not to collect or
harvest any personally identifiable information, including account names or
e-mail addresses, from the Site, nor to use the communication systems provided
by the Site for any commercial solicitation purposes.
D. Moodbase has the right to terminate Your access to the Site,
in its sole discretion, immediately and with or without cause.
4.
Intellectual
Property Rights
The content on the Site, including without limitation, the text,
documents,
descriptions, products, software, graphics, photos,
sounds, videos, interactive features, services, User Submissions and any other
content on the Site ("Content") and the trademarks, service marks and
logos contained therein ("Marks"), are owned by or licensed to Moodbase.
Content on the Site is provided to You “AS IS” for Your information and
personal use only and may not be used, copied, distributed, transmitted,
broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for
any other purposes whatsoever without Moodbase’s prior written consent. Moodbase
reserves all rights not expressly granted in and to the Site. If You download
or print a copy of the Content for personal use, You must retain all copyright
and other proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security-related features of the Site or
features that prevent or restrict use or copying of any Content or enforce
limitations on use of the Site.
Moodbase, and other
marks are Marks of Moodbase or its
affiliates. All other trademarks, service marks, and logos used on our Site are
the trademarks, service marks, or logos of their respective owners.
This section shall survive any
termination of these Terms.
5.
User Submissions
5.1.
The Site permits You and other
users to submit Content to the Site (“User Submissions”). You are solely responsible for Your User
Submissions and the consequences of posting them.
5.2.
You represent and warrant that
You own or have the necessary rights to use, and authorize Moodbase to use, all
intellectual property rights in and to any User Submissions. You retain all of Your ownership rights in Your User
Submissions. However, by submitting the User Submissions
to Moodbase, You hereby grant Moodbase and the users of the Site a worldwide,
non-exclusive, royalty-free, perpetual, sublicenseable and transferable license
to use, copy, distribute, prepare derivative works of display, and perform the
User Submissions; other users may only use Your User Submission for
non-commercial purposes, unless
otherwise permitted by Moodbase.
5.3.
You agree that You will not submit
a User
Submission that:
5.3.1.
is copyrighted, protected by trade
secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless You are the owner of such rights;
5.3.2.
creates a risk to a person’s safety
or health, compromises national security, or interferes with an investigation
by law enforcement;
5.3.3.
impersonates another person;
5.3.4.
promotes illegal drugs, violates
export control laws, relates to illegal gambling, or illegal arms trafficking;
5.3.5.
is unlawful, defamatory, libelous,
threatening, pornographic, 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 is otherwise inappropriate;
5.3.6.
involves theft, money laundering or
terrorism;
5.3.7.
promotes
pyramid schemes, chain letters or disruptive commercial messages or
advertisements, or anything else prohibited by law, these Terms or any
applicable policies or guidelines;
5.3.8.
falsely
expresses or implies that such content is sponsored or endorsed by Moodbase; or
5.3.9.
is otherwise malicious or
fraudulent.
5.4.
You hereby waive any claims You
may have against Moodbase with respect to User Submissions, including Moodbase’s
removal of any User Submission it deems inappropriate, and You agree to
indemnify Moodbase, and its officers, directors and agents, for any damage
resulting from Your User Submission (including attorneys fees and costs to
defend any claims in connection therewith).
6.
Disclosure
We
reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any
other information as it reasonably believes is necessary to (a) satisfy any
applicable law, regulation, legal process, subpoena or governmental request,
(b) enforce these Terms, including investigation of potential violations of it,
(c) detect, prevent, or otherwise address fraud, security or technical issues,
(d) respond to user support requests, or (e) protect the rights, property or
safety of Moodbase, its users or the public.
7.
Links
The Site
(including the Content) may contain links to third party websites that are not
owned or controlled by Moodbase. Moodbase assumes no responsibility for any
third party website, and You release Moodbase from any liability arising from
Your use thereof.
8. Notice of Claims of Copyright Infringement
It is the
policy of Moodbase to respect the legitimate rights of copyright and other
intellectual property owners. Pursuant to the Digital Millennium Copyright Act,
17 U.S.C. Section 512 (the "DMCA"), Moodbase has designated an agent
(specified below) to receive notifications of claimed copyright infringement on
its sites. Please be advised that We enforce a policy
that provides for the termination in appropriate circumstances of subscribers
who are repeat infringers.
If You believe
that Your work has been copied in a way that constitutes copyright infringement
or that Your intellectual property rights have been otherwise violated, please
provide Moodbase's Copyright Agent with the following information in accordance
with the DMCA:
a) An
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
b) a
description of the copyrighted work or other intellectual property that You
claim has been infringed;
c) a
description of where the material that You claim is infringing is located on
the Site, with enough detail that We may find it on our Site; providing URLs in
the body of an email is the best way to help us locate content quickly;
d) Your
address, telephone number, and email address;
e) a
statement by You that You have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or the law;
and
f) a
statement by You, made under penalty of perjury, that the above information in
Your notice is accurate and that You are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
Moodbase's
agent for notice of claims of copyright or other intellectual property
infringement can be reached here, please specify "copyright" as reason for contact.
Please also note that under Section 512(f) any
person who knowingly materially misrepresents that material or activity is
infringing may be subject to liability.
9.
Limitation of
Liability and Warranty
THE SITE
(INCLUDING THE CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE
SITE WILL FUNCTION AS CLAIMED, MOODBASE DOES NOT GUARANTEE THAT THE SITE WILL
BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL
ALWAYS BE AVAILABLE.
YOU SPECIFICALLY ACKNOWLEDGE THAT MOODBASE
IS NOT LIABLE FOR USER SUBMISSIONS OR ADVERTISEMENTS ON THE SITE.
UNDER NO CIRCUMSTANCES SHALL MOODBASE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF
MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN
IF MOODBASE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY
OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT MOODBASE’S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES
EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND
USING THE SITE.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
10.
Indemnity
You agree to defend, indemnify and hold harmless Moodbase, its
affiliates, and their respective officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses, liabilities,
costs and expenses (including but not limited to attorney's fees) arising from:
(i) Your use of the Site; (ii) Your violation of these Terms; (iii) Your
violation of any third party right, including without limitation any copyright,
property, publicity or privacy right; or (iv) any claim that one of Your User
Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms and Your use of the Site.
11.
Assignment
These Terms, and any rights and licenses granted hereunder, may
not be transferred or assigned by You, but may be assigned by Moodbase without
restriction.
12.
General
Moodbase
reserves the right to discontinue or modify any aspect of the Site at any time Your continued use of this Site following the posting of changes to
these Terms will mean You accept those changes. These Terms,
the Privacy Policy and the relationship between You and Moodbase are
governed by and construed in accordance with the laws of
Last updated: May, 3rd 2009.
More then 6225661 items found
For Example: cats, martial arts, flowchart
