Terms of Service
Acceptance of Terms
By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service. If these terms and conditions are considered an offer by Some Character, acceptance is expressly limited to these terms.
Description of Service
The Service is a web-based tool that allows users to create, edit, and preview wireframes on GoMockingbird.com. The Service is available only to individuals who are at least 13 years old. In order to use the Service, you must obtain access to the Internet, and you are responsible for obtaining and paying for any equipment or services necessary for such access. You agree only to access the Service in ways provided by Some Character for accessing the Service. Some Character reserves the right to modify or discontinue the Service at any time for any reason. Some Character shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
To create an account with the Service, you must provide Some Character with a valid email address and a password for your account. You are responsible for maintaining the security of your account with the Service, and you are fully responsible for all activities that occur under the account. You will immediately notify Some Character of any unauthorized uses of your account or any other breaches of security. Some Character will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you create an account, upload material to the Service, share material using the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
- use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
You understand that, as a result of the processing and transmission of your Content by the Service, your Content may be transferred unencrypted.
Some Character does not claim ownership over any Content you upload to the Service. Some Character is not responsible for your Content or for its use or effects.
By operating the Service, Some Character does not represent or imply that it endorses the Content created or shared by users of the Service, or that it believes such Content to be accurate, useful or non-harmful. The Service may also contain Content uploaded by others that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Some Character disclaims any responsibility for any harm resulting from the use by visitors of the Service (e.g. visitors who do not have an account but are viewing a shared project).
Fees and Payment
Optional premium services are available on the Service. By selecting a premium service you agree to pay Some Character the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Some Character expressly reserves the right to change or modify its prices and fees at any time with 30 days' notice. Your continued use of the Service after any price change indicates your agreement with the new fees and charges after the effective date of the change.
Some Character does not claim ownership over any Content you upload to the Service. All Content you create or upload using the Service is yours, but you understand that your Content is viewable by any others who may visit your project’s unique URL provided for sharing purposes by the Service.
You agree that Some Character owns the intellectual property rights to the Service and any software connected with the Service along with any protectable components of the Service. This Agreement does not transfer from Some Character to you any Some Character or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Some Character. You agree not to duplicate,modify,copy,rent, lease, loan, adapt, reproduce, resell, or create derivative works based on any component of the Service without express written permission by Some Character.
This Agreement does not transfer to you the right or license to reproduce or otherwise use trademarks, service marks, graphics, domain names, or logos associated with Some Character, GoMockingbird.com, Mockingbird’s brand, or the Service. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use these third-party trademarks.
Some Character reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Some Character may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Some Character may terminate your access to all or any part of the Service, including but not limited to any Content within the Service, at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Mockingbird account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Service is provided “as is”. Some Character and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Some Character nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through the Service at your own discretion and risk.
Limitation of Liabliity
In no event will Some Character, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Some Character under this agreement during the twelve (12) month period prior to the cause of action. Some Character shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Some Character, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between you and Some Character concerning your use of the Service and may only be modified by a written amendment signed by an authorized executive of Some Character, or by the posting by Some Character of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Some Character may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.