The following terms and conditions (the "Agreement") govern all use of Miso (the "Service") and any information, text, graphics, photographs, video, or materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). The Service is owned and operated by TweetNGo, Inc. dba Bazaar Labs ("Bazaar Labs"). The Service is offered subject to your (the "User" or "You") acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
The Service is available only to individuals who are at least 13 years old. You represent and warrant that if You are an individual, You are (i) at least 18 years old or (ii) if You are between the ages of 13 and 18, You have parental permission to enter into this Agreement and to use the Service. User also certifies that User takes full responsibility for the selection and use of the the Service.
Bazaar Labs reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Subject to User's compliance with terms and conditions of this Agreement, User shall have a limited, personal, non-transferable, non-sublicensable, non-exclusive license to use the Service during the term of this Agreement solely for the purpose of using the Miso website, Miso developer services (e.g. APIs), Miso mobile services, and any other features, content or applications offered from time to time by Bazaar Labs in connection with Miso. User shall not (i) use the Service on behalf of any third party or for any commercial purpose, or (ii) reverse assemble, reverse compile or reverse engineer the Service, or otherwise attempt to discover any Service source code or underlying proprietary information. Bazaar Labs reserves the right to change, suspend or discontinue the Services at any time for any reason.
- User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service (or any content available through or in connection with the Service). Bazaar Labs reserves the right to bar any such activity.
- User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Bazaar Labs server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
- User shall not frame or mirror any part of the Service without Bazaar Labs express prior written consent.
- User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
- User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Bazaar Labs' systems or networks, or any systems or networks connected to the Service or to Bazaar Labs.
- User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service.
- User shall not use the Service to (a) post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party or (b) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service, or express or imply that Bazaar Labs endorses any statement You make.
Bazaar Labs reserves the right to remove or refuse to distribute any Content on the Services, whether or not such Content violates this Agreement. Bazaar Labs reserves the right to take any action regarding the Content or Services that Bazaar Labs believes is necessary to (a) comply with applicable laws and regulations, (b) enforce this Agreement, (c) respond to support requests, and (d) protect the rights and property of Users, Bazaar Labs, and the public.
User acknowledges and agrees that User is responsible for all of the Content that user posts, transmits or otherwise makes available through the Services. Bazaar Labs does not claim ownership of any Content provided through the Services by You. User hereby grants to Bazaar Labs a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit any Content provided by User through the Services in any media format whether now known or later developed. User warrants, represents and agree that User has the right to grant to Bazaar Labs the rights set forth in this Agreement.
You are responsible for your use of the Services, for any Content You post to the Services, and for any consequences thereof. The Content You submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. Bazaar Labs does not endorse or guarantee the accuracy or reliability of any of the opinions expressed in the Content available through the Services.
4. THIRD PARTIES
Bazaar Labs works with other third party content creators, aggregators, and distributors ("Third Party Sites") to create features and functionality for the Services and for the Third Party Sites. These Third Party Sites are not under the supervision or control of Bazaar Labs. When you provide your Content through the Services, your Content may be provided to a Third Party Site and such Content may then be governed by such Third Party Site's terms and conditions of use. By accepting this Agreement, User acknowledges and agrees that Content that User provides through the Services may become subject to a Third Party Site's terms and conditions of use. Bazaar Labs disclaims all liability, representations and warranties with respect to the Content and functionality of any Third Party Sites. User expressly waives all rights and remedies against Bazaar Labs arising in connection with Third Party Sites.
5. BAZAAR LABS RIGHTS
All right, title and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Bazaar Labs. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in this Agreement gives you a right to use the Bazaar Labs, Miso or GoMiso name or any other Bazaar Labs trademarks, logos, domain names, or other brand features, except as expressly permitted in writing by Bazaar Labs.
When User registers for the Services, User will create a username and password for your account. You may be required or offered the opportunity to supply Bazaar Labs with registration information, including registration information for Third Party Sites you access through the Service. User shall provide accurate and complete registration information. Bazaar Labs reserves the right to refuse registration or cancel the registration of User at any time for any reason. User shall be responsible for maintaining the confidentiality of User's password for use of the Services.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Bazaar Labs and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User's (i) use or misuse of the Service; (ii) access to any part of the Service, or (iii) violation of this Agreement.
9. WARRANTY DISCLAIMER.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. LIMITATION OF LIABILITY.
IN NO EVENT SHALL BAZAAR LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR PARTNERS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT AVAILABLE THROUGH OR OTHERWISE IN CONNECTION WITH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (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 (IN THE AGGREGATE) $100.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Bazaar Labs may terminate User's access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if Bazaar Labs determines there may be an immediate threat to Bazaar Labs, it may terminate such access without notice). Upon termination notice from Bazaar Labs, User will no longer access (or attempt to access) the Service. Sections 3, 4, 5, 8, 9, 10, 11, 12 and 13 shall survive any expiration or termination of this Agreement.
12. CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available from the Services infringe your copyright, you (or your agent) may send Bazaar Labs a notice requesting that Bazaar Labs remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Bazaar Labs a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: firstname.lastname@example.org or Bazaar Labs DMCA Agent, Bazaar Labs, Pier 38, The Embarcadero, San Francisco, CA 94107.
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. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Bazaar Labs' prior written consent. Bazaar Labs may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Bazaar Labs in any respect whatsoever.
© Bazaar Labs unless otherwise noted. All rights reserved.
Date of Last Revision: March 26, 2010