Terms of Service

Last Updated: April 2010

Welcome to MooGroups! MooGroups is a web-based service and website available at moogroups.com (the "Service"), a service provided by FacePunch Labs, Inc. By using the service you are agreeing to be bound by the following terms and conditions ("Terms of Service" or "TOS"). Violation of any of these terms will result in the termination of your MooGroups account.

Definitions:
The terms "we" and "us" refer to FacePunch Labs, Inc. (the operators of the MooGroups.com website), or any successor or assignee of the Company. The terms "you" and "user" refer to the particular visitors to our website or users of the Service.

Basic Account and Use Terms

• You must be 13 years or older to use the Service.
• You are responsible for any activity that occurs under your username and your account.
• You must not use the Service for any illegal or unauthorized purpose.
• International users agree to comply with all local laws regarding online conduct and acceptable content.
• In your use of the Service, you must not violate any laws in your jurisdiction, including but not limited to copyright laws.
• You must provide a valid email address, and any other information requested in order to complete the signup process.
• Your username and password may only be used by one person.
• You may create separate log-ins for as many people as you'd like under your account, but a single log-in may not be shared by more than one person.
• Accounts registered by "bots" or automated methods are not permitted.
• You must be a human to create and maintain an account.
• You may allow other individuals to share your account by creating additional users. In this light, as the account creator, you are responsible for all content posted and activity that occurs under your account, even when Content is posted by others whom you have granted user access under your account.
• You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display while using the Service.
• You are responsible for keeping your password secure.
• You must not (or attempt to) modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
• You must not (or attempt to) transmit or upload any viruses, worms, or any code of a destructive nature.
• General Conditions We reserve the right to modify or terminate the Service (or any part thereof) for any reason, with or without notice at any time.
• We reserve the right to modify prices or fees for the Service, including monthly subscription fees, with 15 days notice. Such notice may be provided at any time by posting the changes to the MooGroups.com website (moogroups.com) or the Service, or by providing electronic mail communication to the relevant accounts.
• We reserve the right to impose usage, storage, bandwidth, or feature restrictions upon your account for any reason, with or without notice at any time.
• We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Your use of the Service is at your sole risk.
• The Service is provided on as "as is" and "as available" basis.
• We reserve the right, In accordance with any applicable laws, to refuse service to anyone for any reason at any time.
• We reserve the right to disable your account do to inactivity, with or without notice at anytime We reserve the right to remove Content and accounts for any reason. This may include Content that we consider to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or that violates any party's intellectual property or this TOS.
• Verbal, physical, written or other abuse or threats of abuse directed at any MooGroups user, customer, employee, partner or officer will result in immediate account termination.
• You understand the Service may at times make use of third party vendors and hosting partners to provide the necessary hardware, networking, storage, software, and related technology necessary to operate the Service. We reserve the right to reclaim usernames and account names on behalf of businesses or individuals that hold legal claim or trademark on those names.
• We reserve the right to alter these Terms of Service at any time. Any alterations will be posted to the MooGroups website at http://moogroups.com.

Copyright
FacePunch Labs, Inc claims no intellectual property rights over the material you post or provide to the Service. Your content and materials uploaded remain yours. You agree to allow others to view and share your Content upon signing up for the Service under your account. We have the right, but not the obligation, in our sole discretion to refuse or remove any Content that is available via the Service.The design elements and user interface are Copyright of FacePunch Labs, Inc, All rights reserved. You may not copy, or reuse any portion of the HTML/CSS, graphics, any code elements, or any other design elements without express written permission from FacePunch Labs, Inc.

Disclaimer of Warranties
FACEPUNCH LABS, INC AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. FACEPUNCH LABS , INC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (1) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE,(4) ERRORS OR DEFECTS WILL BE CORRECTED, OR (5) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY FACEPUNCH LABS, INC. AND ITS LICENSORS.

Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT FACEPUNCH LABS, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FACEPUNCH LABS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE. Please direct any question about the TOS to help@moogroups.com.