Terms of Service
Please read these Terms of Service (collectively with marchEnterprise,LLC 's Privacy Policy, the “Terms of Service”) fully and carefully before using migmo.piyo.me (the“Site”) and the services, features, content or applications offered by marchEnterprise,LLC. (“we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
- Acceptance of Terms of Service.
- By registering for and/or using the Services in any manner, including but not limited to visiting or browsing
the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be
published from time to time on the Site by us, each of which is incorporated by reference and each of which may
be updated from time to time without notice to you.
- Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your
use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of
Service by this reference.
- These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors
of content, information, and other materials or services, registered or otherwise.
- Eligibility. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under
any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to
any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these
Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the
Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or
provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for
your use, and not for the use or benefit of any third party.
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Content
- Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information,
data, text, photographs, videos, GIFs, audio clips, written posts and comments, software, scripts, graphics, and
interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes
of this Agreement, “Content” also includes all User Content (as defined below).
- User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users
(collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the
person who originated such User Content. You represent that all User Content provided by you is accurate,
complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all
Content, including User Content, accessed by you using the Services is at your own risk and you will be solely
responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any
Content you access on or through the Services is or will continue to be accurate.
- Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users
and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary
rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in
any Content accessed through the Services.
- Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive,
non-sublicensable and non-transferable license to use (i.e., to download, stream, and display locally) Content
solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content
for other than purposes of using the Services is expressly prohibited without prior written permission from us. You
shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates
any third party right.
- License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide,
non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify,
truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully
exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’)
businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and
derivative works thereof) in any media formats and through any media channels (including, without limitation,
third party websites and feeds), and including after termination your access to the Services. You also hereby do
and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User
Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative
works of, display and perform such User Content, including after termination your access to the Services. For
clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in
your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed
in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or
violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights,
trademarks, contract rights, or any other intellectual property or proprietary rights.
- Availability of Content. We do not guarantee that any Content will be made available on the Site or through the
Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our
sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt
of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you
may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the
Services.
- Rules of Conduct
- As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of
Use. You are responsible for all of your activity in connection with the Services.
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You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post,
submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without
limitation any User Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or
entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's
privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or
depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to
disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any system, data, password or other information of
ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an
unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere
or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii)
bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to
the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of
auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to
“crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise
take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt
to derive any source code or underlying ideas or algorithms of any part of the Services (including without
limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
(ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease,
distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable
local, state, national and international laws and regulations.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is
necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these
Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address
fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety
of us, our users and the public.
- Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet,
and other websites, services or resources may contain links to the Services. When you access third party resources on
the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we
are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such
websites or resources. The inclusion of any such link does not imply our endorsement or any association between us
and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such
content, goods or services available on or through any such website or resource.
- Termination. We may terminate your access to all or any part of the Services at any time, with or without cause,
with or without notice, effective immediately, which may result in the forfeiture and destruction of all information
associated with your membership. All provisions of these Terms of Service which by their nature should survive
termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
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Warranty Disclaimer:
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We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any
action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
- You release us from all liability for you having acquired or not acquired Content through the Services. We make
no representations concerning any Content contained in or accessed through the Services, and we will not be
responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or
accessed through the Services.
- THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE
OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT
THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR
SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR
REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
- Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective
employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including
reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or
otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party
using your identity in the Services, of any intellectual property or other right of any person or entity. We reserve the
right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which
event you will assist and cooperate with us in asserting any available defenses.
- Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO
THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES
(HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF $1.
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Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or
change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database,
or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by
another appropriate means of electronic communication. We may also impose limits on certain features and services
or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of
modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued
use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those
changes.
- Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with
respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and
proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision
of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to
the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and
enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed
a waiver of any further rights hereunder.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure
results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or
communications failure or degradation.
- Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by
you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations
hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of
Service and neither party has any authority of any kind to bind the other in any respect.
- Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in
writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or
registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-
mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic
notices should be sent to info@marchenterprise.net.
- No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to
later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does
not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms
of Service to be binding, we must provide you with written notice of such waiver through one of our authorized
representatives.
- Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not
affect their interpretation.
Effective Date of Terms of Service: August 1, 2014