Terms of Service
Effective date: 22 February 2023
• ACCEPTING THESE TERMS
Thanks for using Migous! These Terms of Service ("Terms", "ToS") are a legal agreement between Migous ("we", "us", the "Company") and you ("you" or "your"). By inviting, using, or distributing Migous, any source code, any binary associated with Migous or its parts, or our website, collectively referred to as "Migous" or the "Service" you agree if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and if you are below the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms. At any time do we reserve the right to update these Terms with reasons including, but not limiting to adhering to new legal requirements, or improving your experience using Migous. If the aforementioned changes affect your usage of Migous or your legal rights, we will notify you no less than seven days before the changes take effect. Unless we state otherwise, your continued use of the Service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.
• YOUR RIGHTS
The Service mainly acts as an automated application for chat and social platforms. The Service may allow you to gather or modify information or files and communicate with other users. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service solely for your personal, non-commercial use, unless we agree to your commercial use in writing. You agree not to (and not to attempt to)
✦ (i) use the Service for any use or purpose other than as expressly permitted by these Terms;
✦ (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms or the included License; or
✦ (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.
The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.
• YOUR ACCOUNT
You are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your account ("Account") on the Service. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arisingfrom unauthorized use of your credentials. You agree to not create further accounts if we suspend access to any account in your ownership.
• COMMUNICATIONS
(i) You agree to receive communications from us electronically, such as email, or messages on a chat or social platform. By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirements that such communications be in writing.
✦ (ii) You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam) or infract the Terms of Service of any chat or social platform.
• YOUR CONTENT
Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is "Your Content".
✦ (i) You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses.
✦ (ii) All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service. The Company does not guarantee the accuracy, quality, or integrity of any user content posted.
✦ (iii) By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content.
✦ (iv) The Company reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason.
• RULES OF CONDUCT AND USAGE GUIDELINES
(i) The Company has no obligation to monitor any means of communicating using the Service but it may do so in connection with providing the Service. The Company may also terminate or suspend your access to the Service at any time, without notice, for any reason.
✦ (ii) You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Service is neither endorsed nor controlled by us. The Company will not under any circumstances be liable for any activity on the Service. The Company is not responsible for information that you choose to share on the Service, or for the actions of other users.
✦ (iii) As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms Usage Guidelines as well as any additional restrictionsor rules set forth in the Service. You agree not to use the Service in order to infract the Terms or Guidelines set by any chat or social platform.
✦ (iv) We reserve the right to determine what conduct we consider to be a violation of the Terms or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.
• DISCLAIMER OF WARRANTY
THE SERVICES AND THE MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE Company ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
• LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Company, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Company HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, MIGOUS LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT THE Company SHALL NOT BE LIABLE FOR USER CONTENT, INCLUDING WITHOUT LIMITATION YOUR CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
• INDEMNIFICATION CLAUSE
YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR IN CONNECTION WITH
✦ (i) YOUR USE OF AND ACCESS TO THE SERVICE;
✦ (ii) YOUR VIOLATION OF ANY TERM OF THESE TERMS;
✦ (iii) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT OR ANY THIRD PARTY AGREEMENT; OR
✦ (iv) ANY OF YOUR CONTENT OR INFORMATION IN YOUR ACCOUNT OR ANY OTHER INFORMATION YOU POST OR SHARE ON OR THROUGH THE SERVICE. AS USED IN THIS SECTION, "YOU" SHALL INCLUDE ANYONE ACCESSING THE SERVICE USING YOUR CREDENTIALS.
Terms of Use
Effective date: 22 February 2023
• ACCEPTING THESE TERMS
Welcome to Migous. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, proprietary bots, and other applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at E-mail: srens@migous.space These Terms of Use (the “Terms”) are a binding contract between you and Migous ("we", "us"). ("You", "Your") use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and Copyright Dispute Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
• WILL THIS TERMS EVER CHANGE?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://migous.space, send you an email, and/or notify you by some other means. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
• WHAT ABOUT MY PRIVACY?
Migous takes the privacy of its users very seriously. For the current Privacy Policy, please click here.
Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under sixteen (16); if you are a child under sixteen (16), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under sixteen (16), we will delete that information as quickly as possible. If you believe that a child under sixteen (16) may have provided us personal information, please contact us at E-mail: srens@migous.space
• ARE THERE RESTRICTIONS IN HOW I CAN USE THE SERVICES?
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
✦ (i) infringes or violates the intellectual property rights or any other rights of anyone else (including "Migous", "Migous Studio");
✦ (ii) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Migous;
✦ (iii) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
✦ (iv) jeopardizes the security of your account or anyone else's (such as allowing someone else to log in to the Services as you);
✦ (v) attempts, in any manner, to obtain the password, account, or other security information from any other user;
✦ (vi) violates the security of any computer network, or cracks any passwords or security encryption codes;
✦ (vii) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Service infrastructure);
✦ (viii) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
✦ (ix) copies or stores any significant portion of the Content; or
✦ (x) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
• DO THE SERVICES COST ANYTHING?
The Services is currently free for your personal and non-commercial use. If you’ll use the Services on behalf of any entity or any third party, please contact us for the enterprise customer license agreement. We reserve the right to require payment of fees for certain or all Services.
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