Last Updated: June 19, 2008
Howdy and Welcome to Mousecloud.com (the "Service"), owned and operated by AutomagiQ, LLC ("AutomagiQ"). By clicking to accept this agreement "you" agree to the following terms and conditions ("TOS"). You can also accept TOS by using the Service. If you don't like the TOS don't use the Service. It's harsh, but the lawyers, made us say it.
AutomagiQ can change, add, or remove any part of the TOS at any time without notice. IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU MUST NOT USE THE SERVICE.
"Content" means documents, images, text, audio, video, and other digital information uploaded by or for you in connection with your use of the Service.
Basic Terms
1. You are at least 13 years or older and must 13 years or older to use the Service. The Service is not intended for children under the age of 13. REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
2. You may be required to create a username and password for the Service. You are solely responsible for any activity that happens under your user name and account and agree to keep your password confidential. AutomagiQ has no obligation or responsibility for your use or disclosure of any information regarding your account.
3. You agree that the Service is for your individual use only and that you may not share your password with anyone else.
4. You agree not to SPAM (e.g. unsolicited commercial messages) other Mousecloud users.
5. You agree that you will not engage in any activity (e.g. modify, adapt, or hack) that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
6. You agree not to do anything illegal on the Service and comply with all laws that may apply to activity on the Service.
7. You agree not to transmit any Virus or Worm or any code of a destructive nature.
8. You agree not to harass, threaten, or impersonate other Mousecloud users.
Violation of any of these Basic Terms will result in the termination of your AutomagiQ username and account. Although we prohibit certain conduct on the site as outlined above, you agree that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk. You agree that AutomagiQ is not responsible for the accuracy, completeness, safety, reliability, timeliness, legality or applicability of anything said, written, posted, uploaded, or otherwise displayed by any user.
Conditions
1. AutomagiQ can change or terminate the Service without notice.
2. AutomagiQ can refuse the Service to anyone, for any reason, with or without notice, at any time.
3. AutomagiQ may, but has no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or the TOS.
4. AutomagiQ reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
5. You may upload Content to the Service in connection with your use of the Service. AutomagiQ does not verify, agree with, or claim ownership in any of the Content, and you retain all right, title, and interest in and to the Content. By maintaining your Content on the Service, you grant to AutomagiQ a non-exclusive, worldwide, perpetual, royalty-free and fully paid license under all intellectual property rights to copy, distribute, transmit, publicly display, publicly perform, transmit, and reformat your Content solely to deliver the Service to you. You agree and warrant to AutomagiQ that you have all the rights, power and authority necessary to grant the above licence.
6. You agree, represent and warrant that you are the owner or authorized to upload all Content.
7. You agree not to upload or otherwise post or link to Content that infringes or violates copyright, patent, trademark, trade name, trade secret, or other intellectual property rights of any third party or AutomagiQ.
8. The Service which you use may automatically download and install updates from time to time from AutomagiQ. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes or enhanced functionality. You agree to receive such updates (and permit AutomagiQ to deliver these to you) as part of your use of the Service.
9. We have a Privacy Policy, however any inconsistency between the TOS and the Privacy policy, the TOS shall prevail.
Intellectual Property: Except to the rights to your Content stated herein, you have no right, title or interest in or to the Service. You agree that AutomagiQ or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in the Service.
Any rights not expressly granted herein are reserved.
Feedback and Bug Reporting: You agree that by submitting feedback, ideas and suggestions to AutomagiQ that such feedback 1) becomes the property of AutomagiQ, 2) AutomagiQ may have something similar to the feedback in development or consideration for development, and 3) you are not entitled to any compensation or reimbursement of any kind from AutomagiQ under any circumstances.
Copyright and Trademark Information
"AutomagiQ" and "Mousecloud" are trademarks of AutomagiQ, LLC. All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following: "AIM" and the running man logo are registered trademarks of America Online, Inc.
"MSN"and the butterfly logo are registered trademarks of Microsoft Corporation.
"Yahoo!" and "Yahoo! Messenger" are registered trademarks of Yahoo, Inc.
THE SERVICE IS NOT AFFILIATED WITH OR ENDORSED BY America Online, Inc., Microsoft Corporation, or Yahoo, Inc.
DISCLAIMER OF WARRANTIES
YOU SHOULD NOT UPLOAD OR OTHERWISE POST OR LINK TO CONTENT WITHOUT HAVING A COPY OF THE CONTENT IN ANOTHER LOCATION AS THE CONTENT MAY BE DAMAGED, ERASED, OR REMOVED AT ANY TIME, WITH NO LIABILITY TO AUTOMAGIQ.
NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT AUTOMAGIQ'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE SERVICE IS PROVIDED ON AS "AS IS" BASIS "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, AUTOMAGIQ, ITS AFFILIATES AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR URPOSE, ACCURACY, SYSTEM INTEGRATION OR COMPATIBILITY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AUTOMAGIQ DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE CONTINUOUS, SECURE, RELIABLE, ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT AUTOMAGIQ'S SECURITY PROCEDURES WILL PREVENT THE LOSS, ALTERATION, OR IMPROPER ACCESS TO INFORMATION OR CONTENT BY THIRD PARTIES.
LIMITATION OF LIABILITY
AUTOMAGIQ, ITS AFFILIATES AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE SERVICE OR ACCESS DATA, INFORMATION OR CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE AND BASED ON ANY THEORY OF LIABILITY INCLUDING STATUTORY, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AUTOMAGIQ OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
INDEMNITY You agree to indemnify, defend, and hold AutomagiQ and its affiliates, officers, agents, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS or Privacy Policy, or your violation of any rights of other users of the Service. Any such indemnification shall include the payment of reasonable attorneys fees incurred in the defense of such claim.
Governing Law By using the Service you agree that all matters relating to this TOS and your access to the Service shall be governed by the laws of the State of Texas, without regard to the conflicts of laws principles thereof and you submit to the exclusive jurisdiction of Texas courts.