Terms of Service
"MogiMe", "we" or "our" refers to LeftRight Studios, Inc. and its subsidiaries, separately or together, including, but not limited to, entities such as "MogiMe". The services offered by MogiMe include applications for the iPhone OS ("Applications"), interactive platform provided in connection with the Applications, and the MogiMe.com domain and its sub domains ("Sites") (any and all of the foregoing (the "Services"). MogiMe grants you a non-exclusive, non-transferable, revocable limited license to use and display MogiMe ("Service") for your personal non-commercial use by any machine(s) of which you are the primary user. The terms "you" and "your" refers to the user of MogiMe services. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement. If you do not agree to these Terms Of Service, you should not use the Service.
We reserve the right to change the Terms Of Service in any way and at any time at it sole discretion. It is your responsibility to review these Terms Of Service so you are aware of any changes or updates. If you do not agree to these Terms Of Service, you should discontinue your use of the Service. We will post any modifications on www.MogiMe.com. You agree that you will be considered to have been given notice of any modifications once we post them to www.MogiMe.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes. YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR "I ACCEPT" BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR MOGIME CONTENT.
Eligibility and Account Registration
Any use or registration by any user under thirteen (13) years of age is expressly prohibited. If you are under 13 years of age, be sure to have your parent(s) or legal guardian(s) review and discuss these Terms of Service with you so that you fully understand them prior to using the Sites. If you do not fully understand or do not agree to the Terms of Service, or any part thereof, do not use the Sites.
When you register to become a user of the Service, you will required to provide certain information and you will establish a username and a password. We reserve the right to suspend or terminate your MogiMe Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for maintaining the security and confidentiality of your password and you are solely responsible for any and all use of your account and actions taken under your account. You agree to notify MogiMe immediately if you believe your account has been accessed or used without your permission. You will also be responsible for the maintenance of the device used for the registration. You agree to notify MogiMe immediately if you believe your device may have been stolen or is otherwise being used by a third party without your permission. Termination and MogiMe Account Cancellation Without limiting other remedies, MogiMe may at any time suspend or terminate your MogiMe Account and refuse to provide access to the Site or Services. In addition, MogiMe o may notify authorities or take any actions it deems appropriate, without notice to you, if MogiMe suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by MogiMe; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, MogiMe Users, MogiMe or any other third parties or the Site or Services. You may terminate your MogiMe Account at any time and for any reason by sending email to support@MogiMe.com. Upon any termination, the related account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Service will immediately cease. MogiMe will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, MogiMe will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to MogiMe under these Terms of Service (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Rights in Content on the Sites All trademarks, service marks, logos, trade names and any other proprietary designations of MogiMe used herein are trademarks or registered trademarks of MogiMe. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. MogiMe owns and retains all proprietary rights in the Sites. The Sites contain material that is derived in whole or in part from material supplied by MogiMe, its licensors, and other sources, and is protected by U.S. and international copyright and trademark laws. No material, including but not limited to the characters, logos, graphics, illustrations, text, images, audio and video, and no software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software, (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission and maintain all legal notices intact or as provided by MogiMe. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of MogiMe's or such other sources' copyright, trademark and other proprietary rights. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Sites, or analyze, decipher, "sniff", derive code from, or attempt to analyze, decipher, "sniff", or derive code from any packet stream transmitted to or from the Sites, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that you are the sole and exclusive owner of all User Content. By making available any User Content through the Site and Services, you (a) authorize and direct MogiMe to reproduce, distribute, transmit and use such User Content as necessary to facilitate the posting, storage and transmission of, and the access to, such User Content in connection with the Service, and (b) grant to MogiMe a nonexclusive, worldwide, perpetual, royalty-free, fully paid, transferable license (with the right to sublicense) to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content, for any purpose (commercial or noncommercial), including without limitation use in connection with the Service. You may remove any User Content from the Service at any time, in which case the foregoing license will terminate with regard to its future usage upon our receipt of your notice or our acknowledgement of such removal; provided that MogiMe may retain archived copies of your User Content for so long as is necessary for administrative purposes and if we have used your User Content prior to your removal of it, we may continue to use your User Content in any manner we previously have used such content.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that MogiMe is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MogiMe of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Contests, Sweepstakes and other Promotions
MogiMe may provide rules for certain promotional activities (collectively, "Promotions") on the Sites including, without limitation, contests and sweepstakes by MogiMe and in conjunction with third parties. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site and Service, as they may contain additional important information about MogiMe rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.
THE SITE, SERVICES, MOGIME CONTENT AND USER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOGIME EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MOGIME MAKES NO WARRANTY THAT THE SITE, SERVICES, MOGIME CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOGIME MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOGIME OR THROUGH THE SITE, SERVICES, MOGIME CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold MogiMe, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to MogiMe, your access to or use of the Site, Services or MogiMe Content, or your violation of these Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT THEREIN REMAINS WITH YOU. NEITHER MOGIME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR MOGIME CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOGIME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MogiMe IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, MOGIME WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. IN NO EVENT WILL MOGIME'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOGIME AND YOUSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Pennsylvania without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in State of Pennsylvania and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service constitute the entire and exclusive understanding and agreement between MogiMe and you regarding the Site, Services and MogiMe owns and retains all proprietary rights in the Sites. Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between MogiMe and you regarding the Site, Services and MogiMe owns and retains all proprietary rights in the Sites.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without MogiMe's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. MogiMe may freely assign these Terms of Service. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
You consent to the use of: (i) electronic means to complete these Terms of Service and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Service or your use of the Site or Services. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (a) by MogiMe via email (in each case to the address that you provide) or (b) by posting to the Site or Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of MogiMe to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MogiMe. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If you have any questions about these Terms of Service, please contact MogiMe at firstname.lastname@example.org.