...but this of course can change, so come back soon
Our END USER LICENCE AGREEMENT
As further described below, the Site features Moodmixer proprietary interactive content slider plugin.
3. DESCRIPTION OF SERVICE.
A. The interactive product slider presents products, derived from a keyword search, dynamically to visitors of a publisher website. By clicking onto content displayed in the slider the visitor is directed to the corresponding website. The slider constantly comes up with new product informations.
In the slider not only product pictures but also price, product and seller information are displayed.
B. Moodmixer GmbH may add, change, suspend or discontinue the Service, in whole or in part, for any reason, at any time, including the availability of any feature, Content or Data, without notice or liability to you.
C. The interactive slider application presents information of many different providers. You acknowledge and agree that Moodmixer GmbH is not responsible for the availability of such external data, websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such websites or resources.
4. USER CONDUCT.
A. to abuse, harass, threaten, impersonate or intimidate other users or Content providers;
B. in any manner that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
C. for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content;
D. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user;
E. to create or submit unwanted email (Spam) to any other users or any URL;
F. to violate any laws in your jurisdiction (including but not limited to copyright laws);
G. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content without prior written consent;
H. [except for access via RSS feeds,] via use of any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
I. to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our Service infrastructure;
J. to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
K. to bypass any measures we may use to prevent or restrict access to the Site;
5. PROPRIETARY RIGHTS.
All right, title and interest in and to the Site, the Service, the interactive product slider, compilations, magnetic translations, digital conversions, software and other materials related to the Service are and shall at all times remain the sole and exclusive property of Moodmixer GmbH and are protected by applicable intellectual property laws and treaties. All rights not expressly granted to you in this Agreement or the License are reserved by Moodmixer GmbH.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE.
A. Ownership. By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain.
B. Limited License to Use Content. If you are a Partner, by submitting any Content, you hereby grant Moodmixer GmbH a limited, non-exclusive, fully paid-up, royalty free, worldwide right to use such Content and your registered and unregistered trademarks, service marks, trade dress, graphics or logos (Partner Marks) in any of the following: (i) on the Site, any Moodmixer blog or newsletter; (ii) on any business development, commercial sales materials, or press releases; (iii) as any part of the Service; (iv) or in any other reasonable manner that a Partner might expect Moodmixer GmbH to use its Partner Marks.
7. WARRANTY DISCLAIMER.
You acknowledge that Moodmixer GmbH has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Service may have on you; your website or equipment; the accuracy or how you may interpret, rely, or use the Service or the Data
Including without limitation any loss of reputation or loss of traffic on your website or any website of any of your affiliates; or what actions you may take as a result of having been exposed to the Service. You further acknowledge and agree that Moodmixer GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any Content, goods or services available on or through any third party website linked or referred to by any portion of the Service or Data.
Moodmixer GmbH assumes no responsibility with respect to the results of any sequencing or assembly of any Content generated via the Service. You release Moodmixer GmbH from all liability with respect to the Service, and any Content or Data provided or accessed via the Service or through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
Moodmixer GmbH makes no representations concerning the Data or any Content contained in or accessed via the Service or the Site, and Moodmixer GmbH will not be responsible or liable for the contents, accuracy, copyright compliance, legality or decency of third party Content or services
accessed via the Service or the Site or for your reliance on any of the foregoing.
THE SERVICE AND THE DATA ARE PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, MOODMIXER GMBH AND ITS AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE AND THE DATA, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
MOODMIXER GMBH DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE SERVICE OR THE DATA WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. LIABILITY LIMITATION.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL
MOODMIXER GMBH OR ITS AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST MOODMIXER IS TO DISCONTINUE USE OF THE SERVICE AND THE INTERACTIVE PRODUCTSLIDER.
You agree to indemnify, defend and hold harmless Moodmixer GmbH, its parents, subsidiaries, affiliates, customers, vendors and their respective officers, directors and employees from any liability, damage, cost or fees (Including reasonable attorneys' fees) arising from: (i) any claim or
other right of any person or entity; provided, however, that you have not sought to remedy such infringement by using Moodmixer GmbH's copyright policy, as described in Section 17, below.
10. TERM AND TERMINATION.
Moodmixer GmbH, in its sole discretion, may terminate or suspend user accounts at any time for any reason or for no reason at all, without prior notice or liability to you. Upon termination of your account, your right to use the Services will immediately cease. Upon termination of these
termination shall survive termination, Including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. GOVERNMENT USE.
If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Service is restricted in accordance with the Federal Acquisition Regulations as applied to
12. EXPORT CONTROLS.
You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury
Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the Service in violation of any such restrictions, laws or regulations. By downloading or using the Service and the Data, you
agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
The prevailing party in any action arising out of this Agreement shall be entitled to an award of its costs and attorneys' fees. These Terms of
Use may be amended only by a writing executed by Moodmixer GmbH. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Moodmixer GmbH to act with respect to a
Moodmixer GmbH, and other Moodmixer GmbH marks, graphics, logos, designs, page headers, button icons, scripts, and service names comprise registered and unregistered trademarks, service marks and trade dress of Moodmixer GmbH in Germany, the European Union and/or other countries (the "Moodmixer GmbH Marks"). Other trademarks, service marks and trade names used on the Service are the property of their respective owners.
Without Moodmixer GmbH's prior written authorization, you agree not to display or use in any manner the Moodmixer GmbH Marks; however, a Partner may blog about its use of the Service at any time without such authorization, so long as Partner sends the blog post to Moodmixer GmbH prior to or concurrent with publishing thereof.
15. COPYRIGHT COMPLAINTS.
We respect the intellectual property rights of others and require that those who use the Service do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Moodmixer GmbH's
Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
A. A physical signature of the person authorized to act on behalf of the owner of the copyright;
B. description of the copyrighted work that you claim has been infringed;
C. A description of where the material that you claim is infringing is located on the Service;
D. Your address, telephone number, and email address;
E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Moodmixer GmbH, Mittelkamp 31, 22043 Hamburg, Germany; firstname.lastname@example.org QUESTIONS OR COMMENTS. Any questions or comments regarding, or problems with, the Service should be sent to the Website Administrator at email@example.com.