Terms of Use

The Mosio.com website ("Website") is a hosted service operated by Mosio. ("Mosio"). Any use of the Website is subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to Mosio's Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Website will constitute your acceptance of these terms and conditions.

1. Your Mosio.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not describe or assign keywords to your fetches or textcasts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Mosio may change or remove any description or keyword or textcast that it considers inappropriate or unlawful, or otherwise likely to cause Mosio liability. You must immediately notify Mosio of any unauthorized uses of your account or any other breaches of security. Mosio will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Mosio may from time to time set storage limits for your account, textcasts subscription numbers, or take any other measures Mosio considers appropriate to manage the Website. Mosio will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the Account Home page you see when you log in to your Mosio.com account. If you exceed the posted storage limits, Mosio may require you to reduce the storage you are using or pay additional fees. Mosio is not responsible for the accuracy of any information or claims made on its site by its members or visitors. Mosio is used entirely for entertainment purposes only and cannot be held liable for any resulting consequences stemming from factual or fictitious information given through its service. Mosio may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice. However, Mosio may post entries about its policy changes, and you may wish to check the Home section of your account for Mosio's announcements about any such changes. Mosio may delete your account at any time without notice. A reason for doing so, such as being flagged by the community for inappropriate content, etc, may be given but is not necessary for the deletion of your account, blacklisting of your email, phone number, or any other access to Mosio. Be grateful, treat people with respect, and there should be no problems.
2. Personal Use Only The Mosio Services are made available for your personal, non-commercial use only. You may not use the Mosio Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. You may not take the results from a Mosio search and reformat and display them, or mirror the Mosio home page or results pages on your Web site (except where allowed by RSS). If you want to make commercial use of the Mosio Services, you must enter into an agreement with Mosio to do so in advance. No Automated Querying You may not send automated queries of any sort to Mosio's system without express permission in advance from Mosio. You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Mosio Services in any manner unless authorized by Mosio to do so.
3. Responsibility of Contributors/Members. You are entirely responsible for the content of, and any harm resulting from, content you post or create in your MyMosio account or on the Mosio.com site in answering questions. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mosio or otherwise.
   • you understand that there is no guarantee your questions asked to Mosio will ever be answered, let alone in a timely manner. Mosio does not guarantee the accuracy, speed or ownership of any questions or answers.
   By submitting Content to Mosio for inclusion on your Website, you grant Mosio a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Mosio will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Mosio has the right (though not the obligation) to, in Mosio's sole discretion (i) refuse or remove any content that, in Mosio's reasonable opinion, violates any Mosio policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Mosio's sole discretion. Mosio will have no obligation to provide a refund of any amounts previously paid.
4. Fees and Payment. Mosio is free with ads. There will be a premium, ad-free service coming soon.
5. Responsibility of Website Visitors/Subscribers. Mosio has not reviewed, and cannot review, all of the material, including computer software, posted to the Website/TextCasts, and cannot therefore be responsible for that material's content, use or effects, including, but not limited to, accuracy of information given in answers, posts, comments, etc. Mosio and its members are answering questions on a volunteer basis and there is no guarantee that any or all questions on the site will be answered in a timely fashion or at all. By operating the Website/TextCasts, Mosio does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website/TextCast may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mosio disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. You Will Not Use Mosio to Spam Users or intentionally send misinformation about questions they have asked. Seriously, we will do everything in our power to punish you if you do. We are so serious about this, we'll go ahead and say it again: You will not use Mosio to spam users or give them in correct information. There. Don't do it.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Mosio.com links, and that link to Mosio.com. Mosio does not have any control over those non-Mosio websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mosio website or webpage, Mosio does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mosio disclaims any responsibility for any harm resulting from your use of non-Mosio websites and webpages.
8. Copyright Infringement and DMCA Policy. As Mosio asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Mosio.com violates your copyright, you are encouraged to notify Mosio in accordance with Mosio's Digital Millennium Copyright Act ("DMCA") Policy. Mosio will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Mosio or others, Mosio may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Mosio will have no obligation to provide a refund of any amounts previously paid to Mosio.
9. Trademarks. The Mosio Project, Mosio, Mosio.com, the Mosio logo, and all other trademarks, service marks, graphics and logos used in connection with Mosio.com, or the Website are trademarks or registered trademarks of Mosio or Mosio's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mosio or third-party trademarks.
10. Changes. The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of Mosio and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
11. Limitation of warranties of Mosio, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided "as is", and Mosio, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Mosio, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. If you're actually reading this, here's a treat. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
12. Limitation of liability of Mosio, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Mosio, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Mosio, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Mosio, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Mosio during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.
13. General Representation and Warranty. You represent and warrant that your use of the Website/TextCast will be in accordance with the Mosio Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.
14. Indemnification. You agree to defend, indemnify and hold harmless Mosio, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
15. Miscellaneous. These Terms and Conditions constitute the entire agreement between Mosio and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mosio, or by the posting by Mosio of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; Mosio may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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