1. Your Acceptance
3. Website Access
B. In order to access some features of the Website, you will have to create an account to become a Registered User. You may never use another person'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 MaxMouth immediately of any breach of security or unauthorized use of your account of which you become aware.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the MaxMouth servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. Notwithstanding the foregoing, MaxMouth grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. MaxMouth 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 (e.g. voting, posting comments) provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website for any purpose whatsoever.
4. Intellectual Property Rights
The content on the Website, except all video content submitted to MaxMouth by Content Producers (“Submissions”), 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 MaxMouth, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content and Submissions on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, except as made available through our embeddable player technology (“Embeddable Player”). MaxMouth reserves all rights not expressly granted in and to the Website and the Content. 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 Website or features that prevent or restrict use or copying of any Content or Submissions or enforce limitations on use of the Website or the Content or Submissions therein.
A. MaxMouth may accept Submissions and permit the hosting, sharing, and/or publishing of such Submissions. If you are Content Producer, you understand that MaxMouth will determine whether to accept a Submission for posting on the Website using any criteria is deems appropriate. Notwithstanding the prior sentence, MaxMouth will not attempt to screen Submissions posted to the “Homegrown” area of the Website. If we accept your Submission, you grant to MaxMouth a worldwide, royalty-free, nonexclusive, transferable, sublicenseable license to use, transmit, copy, distribute through the Embeddable Player (as later described in this paragraph), broadcast, create derivative works, and display the Submission. MaxMouth will not pay any royalties, or compensation of any kind to you if we accept your Submission and post it on the Website, or otherwise use your Submission in a manner consistent with these Terms. Additionally, if your Submission is posted on the Site, you understand that our Embeddable Player permits other websites to display the Embeddable Player and have Submissions available through the Embeddable Player on their site for viewing. The Embeddable Player merely provides a method of viewing Submissions that are housed on MaxMouth’s servers from a third party site. At no time will your Submission be transferred from the Website to a third party website without your permission. Moreover, whether or not such Submissions are posted on the Website, MaxMouth does not guarantee any confidentiality with respect to any Submissions. If we accept your Submission, our posting of your Submission on the Website is non-exclusive, that means that you are free to (and encouraged to) seek the broadest possible distribution of your Submission on other websites and any other media.
D. In particular, if you are a copyright owner or an agent thereof and believe that any Submission or other content infringes upon your copyrights, you may submit a valid notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the 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 at a single online site are covered by a single notification, a representative list of such works at that site; (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 the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have 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; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MaxMouth’s designated Copyright Agent to receive notifications of claimed infringement is: Attn: Copyright Agent: 247 Longview Drive Norcross, GA 30071 email: firstname.lastname@example.org RE: Copyrights MaxMouth, Inc.. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MaxMouth customer service through http://www.MaxMouth.com contact. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. MaxMouth has no obligation to respond to invalid DMCA notices.
E. You understand that when using the Website, you will be exposed to Submissions from a variety of sources, and that MaxMouth is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to 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 MaxMouth with respect thereto, and agree to indemnify and hold MaxMouth, 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.
F. MaxMouth permits you to link to materials on the Website for personal, non-commercial purposes only. Under no circumstances is framing of the Website permitted. In addition, MaxMouth may provide an Embeddable Player which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Website on the pages containing the Embeddable Player. MaxMouth reserves the right to discontinue the Embeddable Player at any time.
6. Creation and Use of the Embeddable Player
A. MaxMouth permits Content Providers to create their own Embeddable Player through our automated embeddable player creation feature. This feature allows Registered Users to add their own customized look and feel to the Embeddable Player within the specifications provided by MaxMouth.
B. MaxMouth is, and at all time shall be and remain the owner of the Embeddable Player. This ownership right applies regardless of the customization applied to it and regardless of any website on which it may appear. Further, MaxMouth reserves the right to serve (or have served) advertising or other third party content to any and all Embeddable Players, regardless of their location on the Internet. Users will have no control over the availability or substance of any advertising or content served to an Embeddable Player on your website.
C. In the event that MaxMouth learns that an Embeddable Player is on a third party website that MaxMouth deems inappropriate (in its sole discretion), MaxMouth has the right, but not the obligation, to take down the Embeddable Player from the third party website without notice.
D. MaxMouth grants you a non-exclusive right to allow third parties to copy the code for the Embeddable Player on your website for further utilization on other websites. Note that all copies of the Embeddable Player available on any third party site, regardless of the origin of the code creating the Embeddable Player, will without limitation and at all times be owned by MaxMouth. All uses of the Embeddable Player, whether or not the use is by a User, will be governed by these Terms.E. All images that you add to the Embeddable Player to customize it are owned by you.
7. Warranty Disclaimer
THE WEBSITE IS PROVIDED AS-IS WITH NO WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAXMOUTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MAXMOUTH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, SUBMISSIONS OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MAXMOUTH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MAXMOUTH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL MAXMOUTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is controlled and offered by MaxMouth from its facilities in the United States of America. MaxMouth makes no representations that the Website is appropriate or available for use in other countries or territories. Those who access or use the Website from other countries or territories do so at their own volition and are responsible for compliance with local law.
YOU AND MAXMOUTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.