Mugil Systems Inc
TERMS AND CONDITIONS
Mugil makes information, products, and services available on the Website, subject to the following terms and conditions (“Terms”). These Terms apply to your access and use of the Website, and by using the Website, You agree to be bound by these Terms, as well as our Privacy Policy and our Cookie Policy .
If You are entering into these Terms on behalf of Your employer, Your organization, Your institution, a company or other legal entity, You represent that You have the authority to bind such entity to these Terms, in which case the terms “You” or “Your” refers to such entity. Further, You acknowledge that You are 18 years of age or older. Children under the age of 18 are not allowed to use the Website, or transmit or otherwise submit personal information to Mugil.
For reference, a Definitions section is included at the end of these Terms.
1. License.
1.1 License. Subject to your compliance with these Terms, Mugil hereby grants You a non-exclusive, non-transferable right to access the Website and view the Content, solely for Your own internal informational or research purposes. All rights not expressly granted to You are reserved by Mugil and its licensors. You may not use the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, or disclose the results of any such benchmark to any third party. You may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the license granted to you in these Terms in any way; (ii) modify or make derivative works based on the Website; (iii) remove or modify any markings or notices of proprietary rights in the Website or Content; (iv) reverse engineer the Website or Content; (v) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (vi) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (vii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (viii) interfere with or disrupt the integrity or performance of the Website or Content; or (ix) attempt to gain unauthorized access to the Website or its related systems or networks.
1.2 Access and Users. Your license to access the Website grants access to the Website only to You. You will create a user account and password for use on the Website (the "Account"). You are responsible for maintaining the confidentiality of Your Account password. You agree not to share Your Account password with anyone, let anyone else access Your Account password or do anything else that might jeopardize the security of Your Account password. You agree to notify Mugil if Your password is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of Your password or Account, or if You learn of any other breach of security in relation to the Website. You are solely responsible for any and all activities that occur through the use of Your Account.
1.3 Restrictions. You will not, and will not permit any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Website or otherwise attempt to gain unauthorized access to any portion or feature of the Website or Content, or any other systems or networks connected to the Website, or to any Mugil server, by hacking, password "mining", or any other illegal means; (b) decompile, reverse engineer, disassemble or otherwise attempt to reconstruct or discover the source code, underlying ideas or algorithms of any components of the Website or Content, (c) copy, alter, modify, translate, adapt in any way, or prepare any derivative work based upon the Website or Content, (d) rent, lease, network, loan, pledge, encumber, sublicense, sell, distribute, disclose, assign or otherwise transfer rights in or to the Website, (e) use the Website in commercial timesharing, rental or other sharing arrangements, (f) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Website or Content; (g) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website; (h) breach any security measures implemented on the Website or otherwise attempt to use the Website in a way that is intended to avoid incurring fees or exceed usage limits; (i) track or seek to trace any information on any other person who uses the Website; (j) forge headers or otherwise manipulate identifiers in order to disguise Your identity, or the origin of any message or other communication that You send to Mugil in connection with the Website; (k) pretend that You are, or that You represent, someone else, or impersonate any other person; (l) use the Website or Content for any illegal purpose, for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (m) upload or otherwise process any malicious content to, through, or in connection with the Website. You hereby agree that You will notify Mugil if You become aware that the Website or Content are being used for any illegal or unauthorized purpose.
2. Your Responsibilities.
You are responsible for all activity occurring under Your Account. You must abide by all applicable laws, treaties and regulations in connection with Your use of the Website, including, without limitation, those related to data privacy, international communications and the transmission of technical or personal data. You must treat the account information, access and identification codes as confidential and with due care. You must: (i) notify Mugil immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Mugil immediately through email at support@marketsnapshot.io and use reasonable efforts to stop immediately any copying or distribution of (or parts of) the Website or Content that is known or suspected by You; and (iii) not impersonate another User or provide false identity information to gain access to or use the Website.
Mugil, and its licensors where applicable, own all right, title and interest, including all related intellectual or industrial property rights, in and to the Website, the Content, and any Feedback. These Terms are not a sale and do not convey to You any rights of ownership in or related to the Website, the Content, or the intellectual property rights owned by Mugil. The Mugil name, the Mugil logo, and the product names associated with the Website are trademarks of Mugil or third parties, and no right or license is granted to use them.
Mugil reserves the right to modify the Privacy Policy and these Terms in its discretion from time to time. By providing Mugil Your email address You consent to Our using the email address to send You notices, including any notices required by law, changes to the Website or the Privacy Policy, and special offers from Us or our sponsors.
The Content is provided solely for informational purposes. It does not constitute financial advice, nor should it be relied on in making financial decisions. Although we endeavor to update the Content, we do not guarantee that it will be current or accurate at any given time and you agree that you may not hold Mugil or any of its providers or licensors liable for any defects, inaccuracies, or errors in the Content.
The Website and the Content are provided on an “as is” and “as available” basis, without warranties of any kind and the Website and the Content are accessed or used by You at Your own risk and without any right to support, maintenance, updates or any other services. Mugil and its licensors make no Representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Content. Mugil and its licensors do not represent or warrant that (a) the use of the Website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data (b) the Website will meet Your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by You through the Website will meet Your requirements or expectations, (e) errors or defects will be corrected, or (f) the Website or the server(s) that make the Website available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Mugil and its licensors. The Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Mugil is not responsible for any delays, delivery failures, or other damage resulting from such problems.
THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES, OR ERRORS, AND MUGIL IS NOT RESPONSIBLE FOR OMISSIONS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MUGIL AND/OR ITS RESPECTIVE SUPPLIERS MAY, BUT ARE NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THE INFORMATION, SERVICE(S), PRODUCT(S), AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Email and SMS are insecure by their nature, so please keep that in mind when using the WEBSITE. This fact is beyond Our control, and therefore Mugil cannot be held responsible.
IN NO EVENT WILL MUGIL AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR COSTS OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, GOODWILL, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE WEBSITE AND/OR THESE TERMS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, OR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION IN THE CONTENT, EVEN IF MUGIL AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN THEM. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.
You must defend, indemnify and hold harmless Mugil, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents from and against any and all claims, allegations, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim that You violate any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (ii) a claim arising from the breach by You or Your Users of these Terms or any law, rule, regulation or treaty; (iii) third-party claims that Customer Data or its use by Mugil as permitted by these Terms infringes or misappropriates any third-party’s intellectual property rights; or (iv) any other breach of these Terms.
Mugil may give notice by means of a general notice on the Website, electronic mail to Your e-mail address on record in Mugil’ account information, or by written communication sent by first class mail or pre-paid post to Your address on record in Mugil’ account information. Such notice will be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Mugil (such notice will be deemed given when received by Mugil) at any time by any of the following: email at support@marketsnapshot.io. It should be addressed to the attention of: Chief Executive Officer, with a copy to the attention of: Director of Operations.
These Terms may not be transferred or assigned by You without the prior written approval of Mugil. The obligations arising from these Terms may be assigned by Mugil without notice to You and without Your consent. Any transfer or assignment in violation of this Section 10 is null and void. If You are a legal entity, any actual or proposed change in control of You that results or would result in a direct competitor of Mugil directly or indirectly owning or controlling fifty percent (50%) or more of You will entitle Mugil to terminate the Agreement(s) or these Terms (or any rights delivered from either) for cause immediately upon written notice.
You agree that Mugil is not bound to fulfill any obligation, nor are We liable for any failure or delay in performing an obligation, if prevented from doing so due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, power failures, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, flooding and/or earthquake, generalized lack of availability of raw materials or energy and non-fulfillment by suppliers or vendors of Mugil.
You agree that Mugil will not be liable to You and/or any third party for any modification, suspension, or termination of the Website. The following Sections will survive the termination and/or expiration of these Terms: Section 3 (Mugil’s Intellectual Property Rights); Section 5 (Disclaimer of Warranties); Section 6 (Limitation of Liability); Section 7 (Indemnification); Section 11 (Termination); and Section 13 (Governing Law and Confidential Arbitration). To terminate the Account, please visit https://www.marketsnapshot.io/help and follow the step-by-step instructions.
You hereby agree that if You continue to use the Website after You have been provided with a written notice that the Terms have been updated, You accept and agree to be bound by such changes to the Terms.
These Terms are governed and construed in accordance with the laws of the State of California, USA without regard to conflicts of law provisions. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, must be determined by arbitration in Fremont,California,USA before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the award may be entered in any court having jurisdiction. This clause does not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The Parties must maintain the confidential nature of the arbitration proceeding and any resulting award, including any hearings, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits.
In any arbitration arising out of or related to these Terms, the arbitrator will award to the prevailing Party, if any, the costs and attorneys' fees, including expert fees, reasonably incurred by the prevailing Party in connection with the arbitration.
If the arbitrator determines a Party to be the prevailing Party under circumstances where the prevailing Party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing Party an appropriate percentage of the costs and attorneys' fees, including expert fees, reasonably incurred by the prevailing Party in connection with the arbitration.
Nothing in these Terms, express or implied, confers upon any third party any legal or equitable right, benefit or remedy of any nature under or by reason of these Terms.
If any provision in these Terms is found to be void, this will not affect the validity of the Terms as a whole. In such case, the Parties will replace that provision by one or more new provisions reflecting the purport of the original provision as far as is possible under the law. Mugil reserves the right to release information to the proper authorities, as a result of a violation of these Terms or unlawful acts, if the information is subpoenaed, and/or if We deem it appropriate. Further, You agree that Mugil may, in its sole discretion and at any time, terminate Your access to the Website and Your Account. Access to the Website may be monitored by Mugil.
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between You and Mugil concerning the Website. If any provision in these Terms is or becomes unlawful, invalid or unenforceable, the surviving provisions or the valid part of the invalid provision will remain fully in force and enforceable, without any consequences for the other obligations of Parties. The unlawful, invalid or unenforceable provision must be deemed replaced by a provision that as far as possible has the same legal and commercial purport.
As used herein:
“Mugil”, the “Company”, “Us”, “Our”, or “We” means Mugil Systems Inc (a California corporation) and/or any affiliated or subsidiary company.
“Content” means the audio and visual information, documents, software, products, services, proprietary tools, code, widgets, themes, models, data designs, methods, algorithms, processes, user interfaces, inventions, generic templates and reusable components, App Store content, libraries, know-how, techniques and expertise, and all other tangible or intangible technical material or information contained in or related to the Website, and any derivative works therefrom.
“Feedback” means any suggestions, ideas, enhancement (requests), recommendations or other feedback provided by You or any other party relating to the Website.
“Party” or “Parties” means You or Mugil individually (each, a “Party”) or together (the “Parties”).
“Terms” means these Terms and Conditions, together with the documents referred to in these Terms.
“Website” means www.marketsnapshot.io all related websites, and any and all successor websites, including the Content and all related pages and uniform resource locators that are owned and/or operated by Mugil.
“You” or “User(s)” means anyone who any person or entity that uses or accesses the Website, including Your employees, representatives, consultants, contractors or agents who are authorized to use or access the Website or have been supplied user identifications and passwords by You (or by Mugil at Your request), even if no charge is due or registration is needed.
If You have questions regarding these Terms or wish to obtain additional information, please contact Us at support@marketsnapshot.io.