RebelMouse Terms of Service

Last Updated August 4, 2014

Welcome to RebelMouse! Please read these Terms of Service before using the services we provide on our website (www.RebelMouse.com, the “Site”) or mobile applications (collectively, the “Service”). We have tried to be fair and direct. By continuing to use our Service, you agree to abide by these Terms of Service. We reserve the right to change these Terms of Service at any time, and you agree (including by virtue of your continued use of our Service) to be bound by any such changes. We will notify you of any changes to this Terms of Service by posting a new Terms of Service and updating the "last updated" notification date at the top of this page. Unless explicitly stated otherwise, any new features or functionality that augment or enhance our Service shall be subject to these Terms of Service. If you have any questions or comments, please feel free to email us.


1. Minimum Age; Appropriate Registration: You affirm that (I) you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent to enter into this agreement, (II) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and (II) you understand and will comply with all of these Terms of Service. RebelMouse is not intended for children under 13. If you are under 13 years of age, then please do not use RebelMouse. When registering, you must provide RebelMouse with accurate, complete and updated information, particularly with respect to your email address. Importantly, you agree that you will not select or use a name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your account.


2. We May Discontinue or Suspend Our Service or Terminate Your Use: We reserve the right at any time to modify, suspend or discontinue, temporarily or permanently, our Service (or any service or material we provide on the Service) in our sole discretion with or without notice. You agree that RebelMouse shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Service. In addition, we reserve the right to terminate your access to our Service and any other RebelMouse services for any reason, and to take any other actions that RebelMouse, in its sole discretion, believes to be in its interest or in the interest of our users as a whole. Cause for such termination shall include, but not be limited to: (a) breach or violation of any of these Terms of Service, or other incorporated agreements or guidelines; (b) request by any law enforcement or government agency; (c) request of the account owner or its authorized agent; (d) extended period of inactivity; (e) engagement by you in fraudulent or illegal activities; or (f) nonpayment of any fees owed by you in connection with RebelMouse or any other RebelMouse product. You agree that RebelMouse shall not be liable to you or any third party for any termination of your account, any associated email address, or access to RebelMouse.


3. Your Information is Subject to Our Privacy Policy: Any information you provide to RebelMouse is subject to our Privacy Policy, which governs our collection and use of your information. You agree that through your use of RebelMouse you consent to the collection and use (as set forth in the Privacy Policy) of this information. While we work to protect the security of your User Content (defined below) and RebelMouse account, RebelMouse cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.


4. What Are Our Rights and Your Rights to Content on RebelMouse:


a. Our Rights, Your License. Except for User Content (defined below), our Service (including all text, photographs, graphics, video and audio content contained on our Service) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. As an account holder of RebelMouse, we grant you a worldwide, non-exclusive, non-transferable and non-sublicensable license to use our Service for your personal, non-commercial use. This means, for example, that we license User Content (defined below) to you so that you can Re-post (defined below) User Content and add commentary to it. RebelMouse may terminate this license at any time for any or no reason. Except as provided in these Terms of Service, you agree not to use, modify, reproduce, distribute, sell, license or otherwise exploit the Service or any portion thereof without our prior written permission; and, except for the foregoing license, we reserve all other rights and no other rights are granted by implication or otherwise. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content, to suspend or terminate users, or to reclaim usernames or accounts without liability to you.


b. Your Rights, Our License. You retain ownership of all of your User Content. But, when you publish your User Content on our Service, you give us and our Service a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including in order to conform it to the requirements of any networks, devices, services or media through which our Service is available) and create derivative works of (including by Re-posting, as defined below), such User Content. The rights you grant in this license are for the limited purpose of operating the Service in accordance with its functionality, improving the Service and allowing us to develop new services. For purposes of these Terms of Service: (1) “User Content” means any content that you, as a user of RebelMouse, have uploaded, published, or submitted to or through the Service or any other RebelMouse services; and (2) “Re-posting” means the act of taking your User Content and posting it, directly or indirectly, in its original or derivative form, on the RebelMouse Service or a third party SNS.


5. What Happens to Your User Content When Your Account is Terminated; Other Effects of Termination: On termination of your account or upon your deletion of particular pieces of your User Content from our Service, we shall make reasonable efforts to make such User Content is inaccessible and cease use of it; however, you acknowledge and agree that: (a) caching of, copies of or references to your User Content may not be immediately removed; (b) such removed User Content may persist in backups (not available to others) for a reasonable period of time; and (c) such removed User Content may be available (and stored on our servers) through the accounts of other account holders of RebelMouse, such as because of Re-posting. Upon termination of your access to or ability to use our Service, including any suspension of your account, your right to use or access any User Content will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnities and limitations of liability. Termination of your access to and use of our Service will not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to RebelMouse or any third party.


6. Your User Content Must Respect the Rights of Others and Adhere to Certain Standards:


a. Intellectual Property Rights of Others. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with your User Content, you affirm, represent, and warrant that:


(1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such User Content to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Service; and


(2) you have the written consent, release, or permission of each and every identifiable individual person in such User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Service. In furtherance of the foregoing, you agree that you will not:


(a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;


(b) publish falsehoods or misrepresentations that could damage us or any third party;


(c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or


b. Safety; Prohibited Uses. We do our best to keep RebelMouse safe, but we cannot guarantee it. To help us this effort, you are making the following commitments when using the Service:


(1) you will not send or otherwise post unauthorized commercial communications (such as spam, advertisements or solicitations of business) on RebelMouse;


(2) you will not collect other account holders’ User Content or information, or otherwise access RebelMouse, using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission;


(3) you will not engage in unlawful multi-level marketing, such as a pyramid scheme, on RebelMouse;


(4) you will not upload viruses or other malicious code;


(5) you will not solicit login information or access an account belonging to someone else;


(6) you will not modify, adapt, translate, reverse engineer, decompile or disassemble any services of RebelMouse; including any RebelMouse logo, branding, or trademark;


(7) you will not use RebelMouse to do anything unlawful, misleading, malicious or discriminatory;


(8) you will not do anything that could disable, overburden, or impair the proper working of RebelMouse, such as a denial of service attack; and


(9) you will not facilitate or encourage any violations of these Terms of Service. Please keep in mind that you are solely responsible for your interactions with other account holders. We reserve the right, but have no obligation, to monitor disputes between you and other account holders. RebelMouse will have no liability for your interactions with other account holders, or for any account holder’s action or inaction. Please help to make RebelMouse a positive and respectful community.


c. We are an Internet Service Provider, e.g., We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Account Holders: Opinions and other statements expressed by account holders and third parties are theirs alone, not opinions of RebelMouse. User Content created by account holders is the sole responsibility of such account holders and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute User Content through our Service, RebelMouse is not undertaking any obligation or liability relating to the User Content. RebelMouse and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Service for inappropriate or unlawful User Content. RebelMouse and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the User Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.


d. Monitoring and Enforcement. Notwithstanding the foregoing, RebelMouse has the right, but not the obligation, to (I) to block, remove or refuse to post communications or User Content for any or no reason in our sole discretion, (II) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content infringes the rights of other persons or entities or threatens the personal safety of other account holders or the public or could create liability for RebelMouse; (III) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of User Content; or (IV) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.


7. You Have Rights if You Believe Your Copyright is Being Infringed:


a. Reporting Instances of Copyright Infringement. If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent (contact information is below) with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) 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 (VI) 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.


After removing material pursuant to a valid DMCA notice, RebelMouse will immediately notify the account holder responsible for the allegedly infringing material that it has removed or disabled access to the material. RebelMouse reserves the right, in its sole discretion, to immediately terminate the account of any account holder who is the subject of repeated DMCA notifications.


b. Submitting a DMCA Counter-Notification. If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with RebelMouse by providing the following information to the Copyright Agent: (a) the specific URLs of material that RebelMouse has removed or to which RebelMouse has disabled access; (b) your name, address, telephone number and email address; (c) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person; (d) the following statement: I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. Upon receipt of a valid counter-notification, RebelMouse will forward it to the notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If RebelMouse does not receive any such notification within ten (10) days, we may restore the material to our Service.


Our Copyright Agent can be reached as follows:


By mail: RebelMouse, Attn: Copyright Agent, 568 Broadway, Suite 605, New York, NY 10012
By phone: (917) 780-2264
By fax: (646) 867-0208
By email: copyrightagent@rebelmouse.com


8. You Will Be Responsible for Any Harm We Suffer as a Result of Your Breach of These Terms of Service or Your Representations and Warranties: You agree to indemnify and hold harmless RebelMouse and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, consultants, representatives, suppliers, distributors and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or in any way related to your access to or use of our Service or any User Content, any violation by you of these Terms of Service or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 8. In such event, you shall provide us with such cooperation as is reasonably requested by us.


9. Your Use of Our Service is Subject to Certain Disclaimers: OUR SERVICE IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. WE DO NOT WARRANT THAT OUR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. OUR SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SERVICE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.


10. We are Not Responsible for Linked Web Services: We are not responsible for the availability or content of other services that may be linked to our Service. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we 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 the use of or reliance on any content, goods or services available on or through such services.


11. We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.


12. Our Liability to You is Limited: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REBELMOUSE AND ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONSULTANTS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS AND LICENSORS ARE NOT LIABLE FOR (1) INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA OR LOSS OF GOOD-WILL OR OTHER INTANGIBLE ASSETS; (2) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (3) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY ACCOUNT HOLDER OR OTHER THIRD PARTY USING THE SERVICE, INCLUDING WITHOUT LIMITATION DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; (4) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT; OR (5) DAMAGES BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN OUR SERVICE (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THESE TERMS OF SERVICE). THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REBELMOUSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF REBELMOUSE AND ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONSULTANTS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS AND LICENSORS FOR ANY CLAIM OR OTHER LEGAL ACTION BY YOU OR YOUR HEIRS, SUCCESSORS OR ASSIGNS, UNDER THIS AGREEMENT OR OTHERWISE, SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). The limitations of liability set forth above are fundamental elements of the basis of the bargain between RebelMouse and you. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion of limitation of liability for consequential or incidental damages, so the above disclaimers and limitations may not apply to you. RebelMouse is controlled and operated from its facilities in the United States. RebelMouse makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use RebelMouse if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.


13. Any Dispute Between Us Will be Governed by New York Law and New York Courts Will Be the Forum: These Terms of Service shall be governed by the laws of the United States and the State of New York applicable to agreements made and to be performed therein without regard to conflict of laws principles. You agree that any claim or dispute you may have against RebelMouse must be resolved exclusively by a state or federal court located in New York County, New York except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


14. Parental Controls: Pursuant to 47 U.S.C. Section 230(d) as amended, RebelMouse hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following web services: GetNetWise and OnGuard Online. RebelMouse does not endorse any of the products or services listed at such Services.


15. Information or Complaints: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding RebelMouse, please email us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


16. Miscellaneous Provisions:


a. Entire Agreement. These Terms of Service and our Privacy Policy, each as modified from time to time, constitute the entire agreement between you and RebelMouse with respect to the subject matter hereof and supersede replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The caption to each section of these Terms of Service are for convenience of reference only and shall be ignored in the construction or interpretation hereof.


b. Waiver and Severability. No waiver of by RebelMouse of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RebelMouse to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.


c. Assignment. These Terms of Service are not assignable, transferable, or sublicensable by you except with RebelMouse's prior written consent. RebelMouse may assign this Agreement in whole or in part at any time without your consent.


d. Notice. Any notice to RebelMouse that is required or permitted by these Terms of Service shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to RebelMouse, 560 Broadway, Ste. 402, New York, NY, 10012, Attn: RebelMouse.