Terms of Use

Introduction

Your use of messageLOUD’s Web Site (the “Web Site”) and all related content, including Software and Documentation, (the “Content”) is subject to these Terms of Use, the Privacy Policy and other relevant terms and conditions, policies, and notices which apply to the Web Site or a specific section or module of the Web Site (collectively, the “TOU”). Please read the TOU carefully before using the Web Site.

Accepting these Terms of Use

By using the Web Site, you signify your agreement with the TOU. If you do not agree with any of the TOU, do not use the Web Site. messageLOUD reserves the right to update the TOU at any time without notice to you. The most current version of the TOU will be posted on the Web Site.

Copyright

The Web Site is controlled and operated by messageLOUD. All Content and materials on the Web Site, including, but not limited to images, illustrations, audio clips and video clips, are protected by copyrights which are owned and controlled by messageLOUD or by other parties that have licensed their material to messageLOUD. Unless otherwise specified, the Content and materials on this Web Site are for personal and non-commercial use and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, Software or Documentation obtained from the Web Site without written permission from messageLOUD.

Notice Specific to Software Available on the Web Site

Any Software that is made available to download from the Web Site is the copyrighted work of messageLOUD. Use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

DISCLAIMER

MESSAGELOUD WARRANTS THAT THE WEB SITE AND ALL RELATED CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL DEFECTS AND ERRORS. MESSAGELOUD MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MESSAGELOUD ASSUMES NO LIABILITY FOR DAMAGE TO ANY SYSTEM ON WHICH SOFTWARE IS INSTALLED, ANY DATA TRANSLATED BY THE SOFTWARE, OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH THE WEB SITE AND ALL CONTENT. MESSAGELOUD MAKES NO WARRANTIES THAT THE WEB SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERUPPED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEB SITE OR CONTENT WILL PROVIDE SPECIFIC RESULTS.

MESSAGELOUD SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT OR BUSINESS OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE AND ALL RELATED CONTENT.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE, ANY CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MESSAGELOUD FOR DISSATISFACTION WITH THE WEB SITE OR ANY OF ITS CONTENT IS TO STOP USING THE WEB SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 Indemnity

You agree to indemnify and hold messageLOUD harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against messageLOUD by any third party due to or arising from your use of the Web Site or the Content.

Restrictions on Use

Prohibited Acts. Concerning your use of the Web Site, you agree not to knowingly:

(a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Web Site;
(b) post or transmit to the Web Site any unlawful, fraudulent, harassing, libelous, or obscene information of any kind;
(c) post or send to the Web Site any information that contains a virus, bug, or other harmful item;
(d) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Content (other than as permitted herein);
(e) post or transmit into or on the Web Site any information in violation of another party’s copyright or intellectual property rights;
(f) take any action which could damage, disable, overburden or impair the Web Site infrastructure or messageLOUD’s network system;
(g) redeliver any of Web Site or the Content using framing, hyperlinks, or other technology without messageLOUD’s permission;
(h) attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any messageLOUD server through hacking, password mining or any other means;
(i) take any action which may interfere with any other party’s use and enjoyment of the Web Site; or,
(j) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site.

Right to regulate

You acknowledge that messageLOUD has the right, but no obligation, to monitor the Web Site, postings made by users on the Web Site or to disclose any information necessary to operate the Web Site, to protect messageLOUD, third parties, messageLOUD ‘s customers, and to comply with legal obligations or governmental requests. messageLOUD reserves the right, in its sole and absolute discretion, to monitor and edit postings and registrations, remove them, and cause them not to be posted, published, uploaded or distributed at any time and for any reason or no reason. messageLOUD reserves the right to change the Web Site at any time at its sole discretion without notice to users. messageLOUD may deny access to the Web Site to anyone at any time for any reason whatsoever.

Compliance with law

You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your Web Site use. You may not use the Web Site and may not accept the TOU if (a) you are not of legal age to form a binding contract with messageLOUD, or (b) you are a person barred from using the Web Site under the laws of Canada or other countries including the country in which you are resident or from which you use the Web Site.

Password-protected areas

If you are allowed access to password-protected areas of the Web Site, you agree to keep your password confidential and to send notice to messageLOUD immediately if your password is compromised. You acknowledge that the Internet is a network of computers worldwide, and that any information submitted by you to messageLOUD necessarily is routed via third party computers to messageLOUD, and that messageLOUD is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.

License of Your Content

By posting, publishing, uploading, or distributing any messages, data, information, text, graphics, links, content, or other materials (collectively, “Postings”) for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) messageLOUD a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against messageLOUD for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to messageLOUD.

Registration

Certain sections of the Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information on your own behalf and not on behalf of any third party. It is your responsibility to inform messageLOUD of any changes to that information or to change such information by signing in to your account. Each registration is for a single individual only. messageLOUD does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use.

Links to Other Sites

The Web Site may contain links to other web sites. Such linked sites are not under messageLOUD ‘s control, and messageLOUD is not responsible for and does not endorse the content of linked sites. You will need to use your independent judgment regarding your interaction with such linked sites.

Governing Law

The TOU shall be governed by, construed, interpreted, and enforced in accordance with the laws of the New York. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of New York.

Severability

If any provision of the TOU is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the TOU shall continue in full force and effect.

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