Terms & Conditions
MWO Terms of Service
As of August 30, 2012, thank you for visiting MWO, a production of Bunch (“MWO”, “we”, “our”, or “us”). The terms and conditions below (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of MWO and any related software applications whether existing now or in the future (collectively, the “Properties”). We aim to make your experience using the Properties enjoyable. By accessing or using the Properties, you agree to be bound by these Terms, which in part are intended to make sure your legal rights are respected by other users of the Properties, and that in turn you respect the legal rights of MWO and its other users. These Terms constitute the complete agreement between you and MWO, regarding the Properties. We may change the Terms at any time by posting a revised Terms of Service on this page; such changes will be effective upon posting. Please carefully read the entire Terms.
Use of Properties
You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party. You agree that you will only use the Properties for your own personal use. You must be at least 13 years of age to use the Properties. Use of the Properties is void where prohibited. Certain portions of the Properties may be secured or otherwise protected from access except for authorised users with valid login and password information. Individuals without authorisation attempting to access these portions of the Properties may be subject to prosecution.
In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct. If you are creating an account on behalf of a business, then you represent to us that you are the owner or authorised agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorised by us, or provide or use false information to obtain access on the Properties that you are not legally entitled to claim. You acknowledge that any false claiming of an account may cause MWO or third parties to incur substantial economic damages and losses for which you may be held accountable.
Ownership of Content
A. Your Content
You own all content you submit to the Properties, including but not limited to profile information, reviews, images, messages, and any other materials (“Your Content”). By submitting Your Content you hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the Properties and third party websites, mobile applications and other platforms who obtained Your Content from us (“Third Party Properties”) the same right you have granted to us herein to use Your Content in connection with their use of the Properties and Third Party Properties. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties and our and their users. You are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may be held liable for Your Content.
In submitting Your Content to us, you represent that:
1. You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
2. Use of Your Content by us, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.
With regard to Your Content which are images, you agree that at least one of the following is met:
1. You have taken the photograph or created the artwork being submitted;
2. You own the rights to the image; or
3. You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein.
Lastly, you agree that any of Your Content submitted to us will not:
1. Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
2. Contain material that violates the standards of good taste or the standards of the Properties;
3. Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
4. Accuse others of illegal activity, or describe physical confrontations;
5. Contain material that is illegal, or that violates any federal, state, or local law or regulation;
6. Contain language or images intended to impersonate another person;
7. Disguise or attempt to disguise the origin of Your Content;
8. Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value;
9. Be considered a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
10. Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
11. Assert or imply that Your Content is in any way sponsored or endorsed by us; or
12. Contain material that is not in English; each as determined in our sole discretion.
We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances.
B. Our Content
We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Properties excluding Your Content and third party content (“Our Content”). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorised by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.
C. Copyright Infringement
If you believe that your copyright has been or is being infringed upon by material found in the Properties, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the “DMCA”). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:
Identify in writing the copyrighted material that you claim has been infringed upon; Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under); Include the following statement: “I have a good faith belief that the use of the content on the Properties as described above is not authorised by the copyright owner, its agent, or law.”; Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorised to act on the copyright owner’s behalf.”
Provide your contact information including your address, telephone number, and e-mail address (if available); Provide your physical or electronic signature; and send the written communication to:
The Carriage Hall
29 Floral Street
London WC2E 9TD
Attention: Legal Department – Copyright Notice
No Endorsement of Content
Some of the content available through the Properties may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Properties. We do not screen or investigate third party material before or after including them on our Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but shall not be liable for any delay or inaccuracies related to such updates.
Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Properties are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Restrictions on Use
Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:
Use the Properties for illegal or unauthorized uses; Impersonate any person or entity; “Stalk” or harass other users or persons; Harm minors in any way; Falsely state or misrepresent your affiliation with another person or entity; Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person; Access or use the account of another user without permission; Solicit, spam or otherwise advertise to users and/or business using Our Content or the Properties; Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other messages for any purposes; Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with, disrupt, or destroy the functionality or use of any features of the Properties; Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks; “Hack” or access without permission our proprietary or confidential records, those of another user, or those of anyone else; Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement); Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law); Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties; Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialise any rights to the Properties or Our Content; each as determined in our sole discretion.
Without limiting any other provisions of these Terms, this section is specific to the use of MWO’s downloadable software application(s) (the “Application”).
A. Use of Content Through the Application
You may choose to download solely for your personal use the Application onto your mobile or wireless device and/or platform (each, a “Mobile Device”). You may not use the Application on any Mobile Device that you do not own or control. Except for use expressly permitted in this Agreement, you may not make other use of any content available through the Application without our express written consent. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Application. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that by downloading the Application you are granted a license to use, but do not otherwise acquire any ownership rights in, the downloaded content. We may automatically check the version of the Application installed on your Mobile Device and, if applicable, provide updates for the Application (the “Updates”). Updates may include, but are not limited to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually as requested from time to time. We have the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.
B. Third Party Beneficiaries
Apple Inc., Google Inc. and Research In Motion Limited are third party beneficiaries to these Terms. They are not obligated to provide any support, service or maintenance in regards to the Application. However, as third party beneficiaries they have the right to enforce these Terms against you.
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