Acceptance of Terms

By using Moglumedia services (the "Services"), you are agreeing to be bound by these terms and conditions ("Terms of Service"). If you do not agree to these Terms of Service, please do not access the site or use the Services. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Moglumedia will notify you about significant changes in the Terms of Service by sending a notice to the primary email address specified in your Service account or by placing a prominent notice on the site. Your continued use of the Service constitutes your acceptance of any changes to the Terms of Service. Should you have any questions regarding the use of the site, please contact us at policy (at) moglumedia (dot) com.

Usage License

Moglumedia grants you a limited license to access the Service in accordance with these Terms of Service and the instructions and guidelines posted on the site. Moglumedia reserves the right to terminate your license to use the site and Service at any time and for any reason.

Registration Obligations

As a condition to using the Service, you are required to register and select a Password and User ID (an "Account"). You may not select or use as a User ID the name of another person with the intent to impersonate that person, a name subject to any rights of a person other than you without appropriate authorization or a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of or cancel a User ID at our discretion. The Service is available only to individuals who are at least 13 years old; by using the Service you acknowledge that you are old enough to use the Service.

Regarding your Password, you shall be responsible for maintaining its confidentiality. You shall be responsible for all use of your Account, whether or not authorized by you. You agree to notify Moglumedia of any unauthorized use.

Subscription Terms

A valid credit card is required for creating an Account. Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding taxes based on Moglumedia's income.

Modification to the Service

Moglumedia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Moglumedia shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

User Conduct

Any unauthorized use of the Service is expressly prohibited. As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Moglumedia. We reserve the right to terminate your access to and use of the Service, if, in our view, your conduct fails to meet our guidelines for user conduct, which are described below:

• You are responsible for any activity and/or data submission (including text, photos, profiles, images, audio, videos, and links) that occurs under your User ID.
• You may not attempt to interfere with any other person's use of the Service or the proper working of the Service or any activities conducted on the Service.
• You must not abuse, harass, threaten, intimidate or otherwise violate the rights of other Service users or otherwise post content that is obscene, offensive or abusive.
• You may not impersonate any person or entity, including any employee or representative of Moglumedia.
• You must not, in the use of the Service, violate any applicable local, state, national or international laws and regulations, or infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party.
• You must not modify, adapt or hack the Service or modify another web site or system so as to falsely imply that it is associated with any Moglumedia Service.
• You may not use the Service to harvest or otherwise collect information about other users of the Service, including e-mail addresses, or use the Service to send any communication that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming").
• You must not communicate, link to or transmit any worms or viruses, code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Moglumedia or any third party.
• With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission.
• You agree that you will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our computing, storage or communications infrastructure.
• You must not bypass any measures we may use to prevent or restrict access to the Service.

Violation of any of these guidelines will result in the termination of your Account. Moglumedia may remove any user content and Account at any time for any reason (including, but not limited to, upon receipt of complaints or allegations from third parties or authorities relating to user content), or for no reason at all. While Moglumedia prohibits such conduct and content on the Service, you understand and agree that Moglumedia has no obligation to monitor use of the Service and cannot be responsible for the content posted on the Service and that you use the Service at your own risk.

Privacy Policy

Be aware that by using the Service, you are agreeing to the terms of the Privacy Policy.

Proprietary Rights

You agree that all content and materials delivered via the Service or otherwise made available by Moglumedia on the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Moglumedia in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content of this Service for your personal use; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Service to create or compile, directly or indirectly, a collection, database or directory without written permission from Moglumedia is prohibited.

Reproducing, copying or distributing any content, materials or design elements on the Service for any other purpose is strictly prohibited without the express prior written permission of Moglumedia. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

Termination and Cancellation

Moglumedia may terminate or suspend the Service and/or your Account at any time, with or without cause, with or without prior notice, effective immediately. Upon termination of your Account, your right to use the Service will immediately cease.

Indemnity

You agree to indemnify, defend and hold harmless Moglumedia (including its successors, subsidiaries, agents, affiliates, employees, partners and licensors) against all claims, damages, costs or other expenses, including attorneys' fees, which arise directly or indirectly from your use or misuse of the Service and associated materials contained on the Service. You further agree to indemnify, defend and hold harmless Moglumedia against all claims, damages, costs or other expenses which arise directly or indirectly out of loss of your anonymity that may result from using the Service.

No Warranties

THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICE INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE AND CONTENT ARE PROVIDED 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. MOGLUMEDIA, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL MOGLUMEDIA (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICE, OR (C) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF MOGLUMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

Integration and Severability

These Terms of Use are the entire agreement between you and Moglumedia with respect to the Service and use of this Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Moglumedia with respect to this Service (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with Moglumedia's prior written consent. Moglumedia may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site or Service shall be filed only in the state or federal courts located in Georgia, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Copyright Complaints

Moglumedia respects the intellectual property of others. It is our policy to respond expeditiously to claims of copyright and other intellectual property infringement. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2. A description of the copyrighted work claimed to have been infringed;
3. A description of the infringing material and information reasonably sufficient to permit Moglumedia to locate the material;
4. Your contact information, including your address, telephone number, and email;
5. A statement by you 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
6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims should be sent to policy (at) moglumedia (dot) com.