A. By using and/or visiting this website (collectively, including all content and functionality available through the muchobeets.com domain name, the "MuchoBeets Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service") and (2) muchobeet's privacy notice, found at http://www.muchobeets.com/privacypolicy and incorporated here by reference. If you do not agree to any of these terms, the muchobeets privacy notice, please do not use the muchobeets Website.
A. These Terms of Service apply to all users of the muchobeets Website. The muchobeets Website includes all aspects of muchobeets, including but not limited to all products, software and services offered via the website such as the flash cards and other future applications.
A. In order to use features of the Website, you will have to create a muchobeets 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 muchobeets immediately of any breach of security or unauthorized use of your account.
B. Although muchobeets will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of muchobeets or others due to such unauthorized use.
muchobeets hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Created Flash Cards or any content on the Website (defined below), without muchobeets's prior written authorization.
B. You agree not to alter or modify any part of the Website, including any of its related technologies.
C. You agree not to access any Website content through any technology or means other than by access to the Website itself, or other explicitly authorized means muchobeets may designate.
D. You agree not to use the Website and any Website content for any commercial use, without the prior written authorization of muchobeets. Prohibited commercial uses include any of the following actions taken without muchobeet's express approval:
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the muchobeets 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. Notwithstanding the foregoing, muchobeets grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. muchobeets reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
F. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
G. muchobeets reserves the right to discontinue any aspect of the muchobeets Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the muchobeets Website.
A. The content on the muchobeets Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to muchobeets, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, published, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. muchobeets reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
C. You may access muchobeets Content, User Submissions and other content only as permitted under this Agreement. muchobeets reserves all rights not expressly granted in and to the muchobeets Content and the muchobeets Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the muchobeets Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the muchobeets Website or the Content therein.
F. You understand that when using the muchobeets Website, you will be exposed to User Submissions from a variety of sources, and that muchobeets is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 muchobeets with respect thereto, and agree to indemnify and hold muchobeets, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
A. As a muchobeets account holder you may publish flash card content. Your publications on the Website are referred to as "User Submissions." You understand that whether or not such User Submissions are published, muchobeets does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize muchobeets to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to muchobeets, you hereby grant muchobeets a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the muchobeets Website and muchobeets's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the muchobeets Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the muchobeets Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
D. In connection with User Submissions, you further agree that you will not submit material that 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 or have permission from their rightful owner to post the material a nd to grant muchobeets all of the license rights granted herein.
F. muchobeets does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and muchobeets expressly disclaims any and all liability in connection with User Submissions. muchobeets does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and muchobeets will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. muchobeets reserves the right to remove Content and User Submissions without prior notice.
A. muchobeets will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. muchobeets reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. muchobeets may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion and which case the user will not receive at all any refund on the amount paid to purchase a muchobeets account.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the muchobeets website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in this document, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Company is not responsible or liable in any manner for any User Content or any Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by muchobeets, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users publish on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content, and Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE AND THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR USER PUBLISHED CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
The Website is controlled and offered by muchobeets from its facilities in the United States of America. muchobeets makes no representations that the muchobeets Website is appropriate or available for use in other locations. Those who access or use the muchobeets Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless muchobeets, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the muchobeets Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, 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 of Service and your use of the muchobeets Website.
You affirm that you are either more than 12 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the muchobeets Website is not intended for children under 12. If you are under 12 years of age, then please do not use the muchobeets Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by muchobeets without restriction.
You agree that: (i) the muchobeets Website shall be deemed solely based in California; and (ii) the muchobeets Website shall be deemed a passive website that does not give rise to personal jurisdiction over muchobeets, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and muchobeets that arises in whole or in part from the muchobeets Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms of Service, together with the Privacy Notice and any other legal notices published by muchobeets on the Website, shall constitute the entire agreement between you and muchobeets concerning the muchobeets Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and muchobeets's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. muchobeets reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the muchobeets Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND muchobeets AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE muchobeets WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.