TERMS OF SERVICE
Last revised: August 30, 2019.
- “We,” “us,” “our,” or “Myopolis,” refer to Myopolis and its affiliates and related companies.
- You agree to use the Website in a manner consistent with these Terms of Service.
- You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.
- We may terminate your access to and use of the Website at any time.
- You acknowledge that we may disclose and transfer any information that you provide through the Website and/or App to (i) any company within Myopolis, its affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. Use of this Website, including any patterns or characteristics concerning your interaction with either, may be monitored, tracked and/or recorded as permitted by law. Anyone using this Website expressly consents to such monitoring, tracking and recording.
- You acknowledge that Myopolis or its licensors own and hold all intellectual property and proprietary rights, title and interest in the Website, and that your use of the same does not transfer any rights in the same to you. You agree:
- That you will not copy, reproduce, distribute, publish, display, perform, modify, or create derivative works from the Website. You may only download material from the Website for your own use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional items of individual interest only. You may not remove or amend any trademark, copyright or other proprietary notice. Without limiting the generality of the foregoing, you may not distribute any part of the Website over any network, nor sell or offer it for sale. You may not copy, decompile, reverse-engineer, disassemble, modify, or create derivative works of the Website. Open Source software used in the Website is provided in accordance with the terms of the applicable Open Source Software license, and Myopolis is not a party to the same. We reserve all rights that are not specifically granted to you.
- That you are expressly prohibited from presenting the Website in a setting created by you or a third party (e.g., through framing), particularly (but not exclusively) where that setting includes advertising or other materials that we have not authorized to be displayed with the Website.
- That any of your questions, comments, or suggestions for improvements regarding the Website or the services that you email, post, or otherwise transmit to us (your “Communications”) will become the property of Myopolis. You hereby relinquish and assign to Myopolis the worldwide, royalty free, right and title to run, use, re-use, implement, copy, display, and create derivative works from, those Communications, including any ideas, concepts, know-how, or techniques contained in your Communications for any purpose.
- Myopolis allows you to post and/or upload content. You will retain any ownership of intellectual property that you own for your content. When you post/upload content to Myopolis you give us a worldwide, non-excusive, royalty-free license to use, copy, host, store, reproduce, modify, communicate, publish, publicly display and distribute such content. This license continues even if you stop using our services. You may, however, be given the opportunity to remove or delete content that you have previously posted/uploaded.
- All content and functionality displayed, provided, reproduced, or distributed by us on the Website are for information purposes only and are not intended as, and are not a substitute for advice.
- We will respond to complaints from copyright holders regarding unlawful copyright infringement. We will terminate the accounts of repeat infringers. Myopolis reserves the right to remove any content alleged to be infringing without prior notice.
- Where we provide or enable links to third party sites, we do so for information purposes only and we accept no liability for your use of the same.
- You will need to create a password when you register. We strongly encourage you to keep your password private and do not share it with anyone.
- You will be responsible for all charges and obligations incurred, and liabilities for harm caused, and for all actions taken, through your use of the Website.
- You agree to indemnify and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Website, including, but not limited to, any violation of this agreement, or the failure to fulfill any obligations relating to use of the Website.
- You warrant that: you will not use any electronic communication feature of the Website for any purpose that is abusive, tortious, intrusive on another’s privacy, harassing, libelous, defamatory, obscene, threatening, hateful, or otherwise unlawful; you will not post any materials that infringe on rights of third parties; and, you will not upload or transmit any virus or other malware.
- The Website, any information provided from them and these Terms of Service are given and made in Wisconsin, U.S.A. This agreement is subject to Wisconsin law, without regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the State of Wisconsin, Waukesha County. You agree to submit to the jurisdiction of the courts located in the State of Wisconsin.
- THE WEBSITE AND ALL SOFTWARE AND SYSTEMS USED OR PROVIDED AS PART OF THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ANY WARRANTY REGARDING INFRINGEMENT, OWNERSHIP, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF YOUR USE OF THE WEBSITE, APP, OR ANY WEBSITE OR APP WITH WHICH EITHER IS LINKED, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR LICENSORS, EMPLOYEES OR AGENTS TO YOU, OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE ONE HUNDRED DOLLARS ($100). YOUR CLAIM FOR SUCH DAMAGES IS OUR SOLE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN THE EVENT OF THE BREACH BY US OF THIS AGREEMENT. THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY YOU MIGHT HAVE. No action, regardless of form, arising out of this agreement may be brought by you more than twelve (12) months after the cause of action first arose.
- You and we agree, pursuant to the E-Sign Act (the “Electronic Signatures in Global and National Commerce Act”), as it may be amended from time to time), to treat electronic tokens of assent from you and from us, as binding expressions of assent by you and by us to contracts.
- We may revise these Terms of Service from time to time by posting changes to the Website or App. Any such revisions shall be effective when posted and made available for your review. Your continued use of the Website or App following such changes is your expression of assent to the modified terms.
- These Terms of Service and ancillary agreements you have signed in connection with the use of the services provided through this Website or App contain the entire understanding between us with respect to any use of the Website or App. Should any part of the Terms of Service be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Service had been eliminated.
Last revised: August 30, 2019.