CONDITIONAL USE OF THE SITES.
Your access to and use of the Service (or any part thereof) is subject to these Terms, and all applicable laws. Certain features of the Service may have additional terms, such as promotion official rules, site content and behavior guidelines, and other terms and conditions which are hereby incorporated by reference into these Terms. These Terms govern your rights and responsibilities in connection with the particular Service you are using. If you are agreeing to these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case “you” or “your” shall refer to such entity and its affiliates.
FEATURES OF THE SERVICE.
As used in these Terms, the term “Service” includes (a) the Sites, (b) MuCash’s micro-payment platform, and related services and technologies that allow content publishers (“Publishers”) to monetize their website content, and individual consumers to make payments on Publisher websites, and (c) the information, logos, trademarks, designs, text, images, audio, videos, graphics, Software (as defined below) and other content and materials of the Company or its licensors available on or through the Sites (collectively, the “Site Content”).
REGISTRATION AND SECURITY.
In order to access and use certain features of the Service, you are required to register for a MuCash account (an “Account”) either for yourself or on behalf of a Publisher. If you choose to register for an Account (including in those instances in which the Service uses the account creation mechanism and management of a third party’s social network, website or device), and when providing the Company with information regarding your credit card or other payment instrument, you agree to: provide true, accurate and complete information about you or your Publisher when prompted by the Service, and maintain and promptly update such information (for example, a change in your billing address or credit card expiration date) to keep it true, accurate, complete, and current as permitted through the functionality of the Service. You further agree that when making payments you are authorized to use the payment instrument used for the Service.
The Company will have no liability associated with or arising from your failure to maintain accurate Account registration information, including, without limitation, your failure to receive important information and updates about the Service. If we have reasonable grounds to suspect that the information you provided on the registration form or otherwise about yourself or your Publisher is untrue, inaccurate or incomplete, we may suspend or terminate your Account and refuse to allow any and all current or future use of the Service (or any portion thereof) by you.
Your selection and use of an Account email and password together with security question, if applicable are subject to these Terms, and are considered “User Materials” as defined below. Your email, password and, if required by us, security questions help to ensure that only you can access your Account and are used to authenticate you when you use this Service. ”User Materials” means anything emailed, uploaded, posted or otherwise transmitted or sent to the Service (whether information, text, material, data or code or other) by you or another user, whether on behalf of yourself or a Publisher.
You agree not to share your username, password, security questions or responses to your security questions with anyone. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms. You acknowledge and agree that any use of the Service occurring through your current username, password and, if required by us, security question responses shall be deemed to be your actions and that we may rely upon such actions. You are solely responsible for protecting the confidentiality of your password, security questions and responses to your security questions. You should always log out after you are done using the Service or if you step away from your computer or device so that others cannot access your Account.
RIGHTS; RESPONSIBILITIES; AND GENERAL RESTRICTIONS.
- The Service is for your own personal, non-commercial informational purposes only, unless you are a registered Publisher.
- You shall not (and shall not allow any third party to) copy, reproduce, reuse, transmit, retransmit, adapt, publish, frame, post, upload, modify, create derivative works from or based upon republish, distribute, store or incorporate into any information retrieval system in any way, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Service or any portion thereof. You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of this web site or any portion thereof and you shall not take any action that imposes an unreasonable or disproportionately large burden on the Service, as determined by the Company in its sole discretion.
- You may not use any third parties’ likenesses, names, and/or properties without their express permission.
- You may not use the features of the Service at any website other than an authorized Publisher website as permitted under these Terms. Such restricted websites shall include, without limitation, blogs and other online publications, and commercial websites that compete with the Company (as determined by the Company in its sole discretion).
- You may not: (a) send any material to the Service; or (b) embed, re-publish, maintain and/or display any Site Content (including, without limitation, any of your own user submissions) on any personal, customized social networking Web page(s), Web blog(s), or microblog(s) or other web site or other Internet location that ordinarily contains or hosts content, that is: unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, vulgar, scandalous, inflammatory, pornographic, indecent or profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that could constitute or encourage a violation of any applicable laws, rules, regulations or Federal Trade Commission guidelines (“Applicable Laws“), or that infringes or violates other parties’ intellectual property, publicity, or privacy rights or links to infringing or unauthorized content.
- You may not do anything on the Service that would prevent other users’ access to or use of the Service or any part thereof.
- You shall comply with any codes of conduct, policies or other notices the Company provides you or publishes in connection with the Service, including any unauthorized access to your Account.
- You will promptly notify the Company if you learn of any security breach related to the Service, or if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms. If you so notify the Company, or if we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention or remediation measures we prescribe.
- We reserve the right to change any prices for the Service. If we change any of the Prices, we will provide you with notice of such change on the Sites or in email to you, at the Company’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Certain features of the Service may be made available to you or a Publisher for a fee. In the event a fee applies, you will be required to select a payment plan and provide the Company information regarding your credit card or other payment instrument, acceptable to the Company. You agree for the Company to bill your credit card and you agree to pay the Company the amount that is specified in the payment plan in accordance with the terms and timelines described in such plan and these Terms.
If you dispute any fees or charges, you must inform the Company within forty five (45) days after the date that the Company invoices you.
OWNERSHIP OF MATERIAL YOU SEND.
Although the Company is under no obligation to review or monitor User Materials, it reserves the right to do so in its sole discretion. In addition, the Company reserves the right to alter, edit, refuse to post or remove any User Materials, in whole or in part, for any reason or for no reason. You agree that the Company has no obligation to review, monitor, use or respond to any User Materials, and that the Company expressly disclaims any liability and responsibility for User Materials.
The operation of the Service, including User Materials, may be unencrypted and involve transmissions over various networks and to service providers to provide the technology required to operate and maintain the Service. Accordingly, you understand and agree that you are solely responsibility for the security, protection and backup of User Materials, and MuCash will have no liability to you for any unauthorized access or use of any of User Materials, or any corruption or loss of any User Materials.
We will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone sending User Materials that violate these Terms or any Applicable Laws. We may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of the Company, its customers or the public.
The Company reserves the right to use the company name of all Publishers as a reference for marketing or promotional purposes on the Sites and in other communication with existing or potential business partners of the Company.
We try to make the Service reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Service or in these Terms:
- USE OF THE SERVICE IS AT YOUR OWN RISK;
- THE SERVICE ARE PROVIDED TO YOU “AS IS”; “WITH ALL FAULTS” AND “AS AVAILABLE”; AND
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, SERVICE PROVIDERS, LICENSORS, AND OTHER PROMOTIONAL PARTNERS (“RELATED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. TO THE FULLEST EXTENT PERMITTED BY LAW , WE AND OUR RELATED PARTIES FURTHER DISCLAIM ALL WARRANTIES REGARDING THE SERVICE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, LOSSESS, LIABILITIES OR COSTS ARISING OUT OF:
- STATEMENTS, ERRORS OR OMISSIONS ON THE SERVICE;
- CONTENT INFRINGING ANY THIRD PARTY’S RIGHTS;
- VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER, PHONE, OR OTHER ELECTRONIC DEVICE;
- LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS;
- ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/ OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
- PERSONAL INJURY OR PROPERTY DAMAGE; OR
- ANY OTHER MATTER REGARDING THE SERVICE AND YOUR USE OF IT.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS RELATED PARTIES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS, FROM ALL DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER’S FEES AND COSTS, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING:
- BREACH OF THESE TERMS, ANY USER MATERIALS, OR YOUR OTHER ACCESS, CONTRIBUTION TO, USE OR MISUSE OF THE SERVICE;
- ANY PUBLISHER OFFER OR ANY ACT OR OMISSION OF PUBLISHER IN CONNECTION WITH A PUBLISHER OFFER OR THE SERVICES OR GOODS PROVIDED IN CONNECTION THEREWITH AND/OR AS IT RELATES TO COMPLIANCE WITH APPLICABLE LAWS;
- ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY USER MATERIALS YOU SEND TO THE SITES;
- ANY ACTIVITY RELATING TO YOUR ACCOUNT, INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITES THROUGH YOUR ACCOUNT, INTERNET, CELL PHONE, OR SOCIAL NETWORKING ACCOUNT;
- THE VIOLATION OF ANY APPLICABLE LAWS AND/ OR THESE TERMS BY YOU AND/ OR ANYONE USING YOUR ACCOUNT TO ACCESS AND/ OR OTHERWISE USE THE SITES (IN WHOLE OR IN PART);
- YOUR VIOLATION OF ANY PERSON’S PRIVACY, PUBLICITY OR OTHER RIGHT;
- ANY OTHER MATTER REGARDING THE SERVICES AND YOUR USE OF THEM.
- You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
OTHER SITES & PUBLISHER OFFERS.
The Service may provide, or third parties such as a Publisher may provide, links to to other websites and/or other social networking sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, Publisher Offers (as defined below) or privacy policies or practices. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave the Service and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website or social networking site which appears or claims that it is one of our sites (including those linked to through an email). You acknowledge and agree that the Company and its Related Parties are not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, or Publisher Offers (as defined below) available on or through any such sites.
If you are a Publisher, you are solely responsible for any offer to provide goods or services for purchase, (each a “Publisher Offer”) that you make available in connection with the Service. As a holder and issuer of the Publisher Offer, Publisher represents and warrants that it shall fully honor and redeem all Publisher Offers and shall be solely responsible and liable for any and all damages, claims, liabilities, losses and costs suffered by or related to a customer concerning any Publisher Offer or caused in whole or in part by Publisher. Each Publisher hereby waives, and releases the Company and its Related Parties, from, any claim, liabilities, losses, damages, or injury arising from or related to any Publisher Offer or any act or omission of Publisher in connection with a Publisher Offer or the services or goods provided in connection therewith and/or as it relates to compliance with Applicable Laws.
INTELLECTUAL PROPERTY AND SOFTWARE.
All ownership rights and title to the Sites and Site Content including (a) certain software including files, images and data relating to the software (the “Software”) and (b) the trademarks, service marks, logos and trade names used on the Service (the “Trademarks”), remain the sole property of the Company and its licensors,
and are protected under all relevant international copyright, trademark and other intellectual property laws. Subject to your compliance with these Terms, with respect to Publishers, the Company grants to you a personal, limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use the Service and Site Content, including the Software on the website URLs you provide in your Publisher Account solely in connection with the Service. The Company may in its sole discretion suspend, discontinue or terminate this license in whole or in part at any time for any reason.
Any modification or use of the Site Content for any other purpose is a violation of the Company’s or its licensors’ copyright and other proprietary rights. The use of the Site Content on any other website or computer network without the Company’s prior written consent is strictly prohibited. Your use of the Trademarks in any manner is strictly prohibited other than as authorized in these Terms or as authorized in writing by the Company.
Nothing in the Service should be construed as granting any other license or rights in relation to the Service, Sites or Site Content without the express written agreement of the Company or of the applicable licensor.
SUSPENSION AND TERMINATION.
You understand and agree that the Company may, in its sole discretion, with or without prior notice, for any reason and at any time, terminate, modify or temporarily suspend your rights to access or use of the Service (or any part thereof), and discard, remove, and/or disable or deactivate any or all of User Materials sent to or uploaded to the Service. The Company may also, in its sole discretion, at any time, discontinue the Service or any part thereof or limit or restrict any user access thereto, for any reason, with or without prior notice. The Company will make good faith efforts to notify you in advance prior to suspension or termination of your Account by us. All User Materials may be permanently deleted upon termination of your Account. You agree that the Company will not be liable to you or any third party for any suspension, modification, discontinuance or termination of the Service. You may discontinue your access to, use or participation on or by means of the Service at any time. All accrued rights to payment shall survive termination of these Terms, and all fees paid to the Company are non-refundable.
LIMITATION OF LIABILITY.
Under no circumstances shall the Company AND its Related Parties OR THEIR RESPECTIVE directors, employees and agents be liable: (a) for any indirect, special, incidental, consequential, punitive or other damages OR LOSSES, that may result from the use of, or the inability to use, Service, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this Service (including, without limitation, damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component); or (b) for any direct damages, costs, losses or liabilities in excess of the fees actually paid by you in the one (1) year period immediately preceding the event giving rise to your claim, or, if no fees apply, one thousand ($1000) U.S. Dollars. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TERMS.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, THE COMPANY’S AND ANY RELATED PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
We control and operate the Service from the State of New York, USA (the “Jurisdiction”) (regardless of where hosting servers are located). All matters relating to the Service are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Service shall be in appropriate courts located in the above Jurisdiction. We do not warrant or imply that the Service or any part thereof is appropriate for use outside of the USA. The information set forth in the Service concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of the USA, you are solely responsible for compliance with any applicable local laws in the jurisdiction from where you access or use the Service.
SEVERABILITY; WAIVER; CONSTRUCTION.
If for any reason, any provision of these Terms is found unlawful, void or unenforceable, it shall be deemed severed from these Terms and the remaining provisions will continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The headings contained in these Terms are for reference purposes only and shall not modify, expand, define or otherwise affect in any way the meaning, construction or interpretation of these Terms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”, whether or not they are in fact followed by such words of like import.
If you have any questions or concerns regarding these Terms, please contact us at:
Address: 26 King St #21, New York, NY, 10014.
UPDATED AS OF: June, 2011