MOG

It is not about hate, abuse or negativism. That means that you should not post anything to MOG that:

• contains violence, threats of violence or images of violence,
• harasses, sexual or otherwise, anybody,
• is racist, bigoted or offensive,
• contains nudity, or
• encourages any of the above.

That means that you should not post a picture of somebody else without their saying you may. It also means that you should not upload or download somebody else’s Content without permission nor should you encourage others to do it. You may not log onto another person’s MOG page without their express consent.

Do not lie or mislead when posting Content on MOG.

Do not use MOG to engage in any type of criminal or tortious behavior, including but not limited to child pornography, solicitation, trafficking in obscene material, illegal narcotic distribution, gambling, stalking, building or distributing illegal weapons and bombs, fraud, copyright or patent infringement, theft of trade secrets, stalking, computer crimes, privacy violations or harassment.

MOG is not a source of information about where people live or how they can be contacted. That means that you should not solicit personal information, provide telephone numbers, street addresses, last names, URLs or email addresses to anyone.

Users should not use automated scripts on the site or system.

Nobody should create or disseminate computer viruses, hacks or intrusions on or using MOG. Nor should users disrupt or interfere with MOG.

That means that it may not be used where prohibited. It also means that MOG should not be used in any way that is inconsistent with applicable laws.

You represent and warrant (legaleze for “you are telling us under oath”) that:

• Your registration information is true and accurate, and you will update it as necessary;
• You are at least 14 years of age;
• You are not violating any rules or laws in using MOG.
• You own or posses the right to post any text, images, videos, sounds and other files (“Content”) you post to MOG.
• You have not violated anybody’s rights, including privacy, intellectual property and publicity rights, by posting Content.

You are invited to use MOG for personal use. MOG is not, however, to be used by its members for commercial purposes unless expressly approved by MOG. This means, among other things, that you may not post advertisements on MOG, frame MOG, or compile user names, user pages or email addresses from MOG. It also means that you may not use it to send junk mail, chain letters, mass mailings, spimming or spamming.

MOG is not self-sustaining. It must be able to earn money to stay alive. Among the things that it does to earn money is sell banner advertising. MOG has no current intention of charging its users a fee, but it reserves the right to do so in the future.

The password you select for your MOG page is your responsibility. That means that you must maintain it as confidential if you want it to be confidential. If you have lost, forgotten or need to change your password, it is your responsibility to contact MOG at password@mog.com. Similarly, if you suspect that somebody is using your password improperly or otherwise accessing your MOG page, you should contact abuse@mog.com for assistance.

You must understand that anything you post to MOG may be copied, modified, translated, publicly performed, stored or distributed. This may even occur after you terminate your account.

That means that MOG retains all of the legal rights to control its site, service and membership. That means that MOG has the absolute right to unilaterally delete anything that is posted to any webpage, and to terminate your account at any time for any reason. And, if MOG does so, it shall not be liable to you or anybody else for damages, whether indirect, consequential, exemplary, incidental, special or punitive, including lost profits.

MOG recognizes that its users have significant power and control regarding what is posted on it. Despite retaining total legal control, MOG has neither the ability nor the desire to monitor all posts at all times. And, even if MOG does become aware of a particular post, MOG may not remove the post when others think that it should. As such, MOG assumes no obligation to monitor or control what Content is posted. MOG cannot be responsible for the accuracy or opinions of what is posted on it. Nor can MOG be responsible for what its advertisers promote or sell.

Content created by MOG belongs to MOG and is protected by copyright, trademark, patent, trade secret and other laws. MOG owns and retains all rights in content created by MOG. MOG grants you a limited, revocable, non-sublicensable license to reproduce and display MOG’s content (excluding MOG’s software code) solely for your individual use when using MOG. You do not have the right to reproduce, distribute, modify, translate, publish, broadcast, transmit, perform, display, or sell any Content appearing on or through MOG.

That means that you may not upload or download, or encourage others to upload or download copyrighted works, trademarks or other proprietary information without obtaining the prior written consent of the owner of the rights. In the event a user repeatedly infringes a copyright, MOG may terminate the user’s rights to use MOG. If you are a copyright or trademark owner who believes that your rights have been violated on MOG, please send a notice to our Copyright Agent pursuant to 17 USC §512. That notice should contain an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work, a description of the copyrighted work that you claim has been infringed, a description of where the infringing material is located, your address, telephone number and email address, a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or authorized to act on the copyright owner’s behalf. MOG’s Copyright Agent can be contacted at copyright@mog.com.

You agree to indemnify and hold MOG, its subsidiaries and affiliates, and its officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of MOG, your violation of these terms of use, the privacy policy or the MOG-O-MATIC End User License Agreement.

MOG provides its site and service “AS IS.” MOG does not guarantee anything. MOG disclaims any warranty of fitness for a particular purpose or merchantability.

If there is a dispute between you and MOG, it shall be resolved by a court in California applying the laws of California without regard for conflicts of law. Further, you agree to personal jurisdiction by and venue in the state and federal courts of California.