MaxMouth Terms of Use

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE, WWW.MAXMOUTH.COM (“MAXMOUTH” OR “WEBSITE”),  YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF  MAXMOUTH’S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.MaxMouth.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Website.

2. Applicability of These Terms of Use

These Terms of Use apply to all users of the Website (“Users”), including Users who simply view the Website (“Viewers”), Users who register to use the site (“Registered Users”) and Users who are also contributors of video content, information, and other materials or services on the Website (“Content Producers”). The Website may contain links to third party websites that are not owned or controlled by MaxMouth  has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MaxMouth will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MaxMouth from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

A. MaxMouth hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without MaxMouth’s prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms of Use.

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'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 convention on-line 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. 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.

5. Submissions

A. MaxMouth may now or in the future 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.  If we accept your Submission, you grant to MaxMouth a worldwide, royalty-free, nonexclusive, transferable, sublicenseable license to use, transmit, copy, distribute through the embedded player technology (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.  Additionally, if your Submission is posted on the Site, you understand that our embedded player technology permits other websites to embed Submissions within their site for viewing.  This technology merely provides a method to view Submissions from a third party site that are housed on MaxMouth’s servers.  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.

B. You are solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MaxMouth to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your Submissions. You grant each User of the Website a non-exclusive license to access your Submissions through the Website, and to use, reproduce, distribute, display and perform such Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once MaxMouth removes or deletes your Submission from the Website.

C. With regard to any Submissions, you further agree that you will not: (i) 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 and to grant MaxMouth all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MaxMouth or any third party; (iii) submit material that is unlawful, obscene, 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; (iv) post advertisements or solicitations of business: (v) impersonate another person. MaxMouth does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and MaxMouth expressly disclaims any and all liability in connection with Submissions. MaxMouth does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MaxMouth will remove certain Content and Submissions if properly notified that such Content or Submission infringes on another's intellectual property rights. MaxMouth reserves the right to remove any Content and Submissions without prior notice. MaxMouth may terminate a User's access to its Website in its sole discretion for any reason whatsoever or no reason at all. MaxMouth reserves the right (but has no obligation) to decide whether any Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MaxMouth may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

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 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: info@maxmouth.com RE: Copyrights MaxMouth, Inc.com. 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.

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" feature, 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. 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.

7. 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.

YOU SPECIFICALLY ACKNOWLEDGE THAT MAXMOUTH SHALL NOT BE LIABLE FOR THE CONTENT OR SUBSTANCE OF SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

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 locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless MaxMouth, 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 Website; (ii) your violation of any term of these Terms of Use; (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 Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

9. Ability to Accept Terms of Use

You affirm that you are either more than 18 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 Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

10. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MaxMouth without restriction.

11.   Privacy

12.  General

You agree that: (i) the Website shall be deemed solely based in Georgia, and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over MaxMouth, either specific or general, in jurisdictions other than Georgia. These Terms of Use shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and MaxMouth that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Gwinnett County, Georgia. These Terms of Use, together with the Privacy Notice at http://www.MaxMouth.com/privacy.php and any other legal notices published by MaxMouth on the Website, shall constitute the entire agreement between you and MaxMouth concerning the Website. If any provision of these Terms of Use 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 Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MaxMouth’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. MaxMouth reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

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.