mmhmm Beta Terms of Service
Last updated: August 20, 2020
1. Beta Disclaimer
THE SERVICE IS STILL IN THE BETA TESTING PHASE AND IS BELIEVED LIKELY TO CONTAIN AS-YET UNDISCOVERED DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA RELEASE IS TO OBTAIN FEEDBACK ON THE PERFORMANCE OF THE SERVICE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT YOU ACCEPT ALL RISKS FOR ACCESSING AND USING THE SERVICE, AND THAT THE SERVICE IS BEING PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR ASSURANCE WHATSOEVER CONCERNING ITS RELIABILITY, STABILITY OR PERFORMANCE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF YOU ARE UNWILLING TO ACCEPT THE RISKS ASSOCIATED WITH USING THE SERVICE, THEN YOU SHOULD NOT USE THE SERVICE AT THIS EARLY STAGE OF DEVELOPMENT.
2. Rights to Use the Service
Subject to these Terms, the Company hereby grants you a nontransferable, nonexclusive license right to access and use the Service. Except for this license, the Company retains all rights, title, and interests in the Service. This license is subject to the following additional specific conditions:
- This license enables you to install and use the Service on one or more computing devices solely for the purpose of providing evaluation testing of the Service with third-party services and software we identify as being compatible with the Service.
- This license, and your rights to access and use the Service, including all Service software provided to you, ends upon the termination of this Agreement.
- The Service is for your personal use only and you shall not sell, lease, transfer or otherwise make the Service or any Service software available to third parties. We would appreciate you directing any person interested in evaluating the Service to contact us directly at firstname.lastname@example.org.
- You are prohibited from making any copy of the Service software, except copies that are dynamically created during normal runtime operation, or record any images of the Service being used.
- You agree not to cause or permit the disassembly, reverse compilation, or reverse engineering of the Service software, except as otherwise permitted by law notwithstanding this prohibition.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you upload and use in the Service, including its legality, reliability, and appropriateness. It is also solely at your election to contribute Content.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone we believe to be acting in a manner that conflicts with this warranty.
You retain 100% of your rights to any Content you submit, post or display on or through the Service, but you do have to grant us a limited “Operations License” (as described below) in order to enable us to legally operate the Service.
In order for us to legally process your Content in the manner necessary to provide the Service, you must grant us certain rights with respect to such Content so that technical actions we take in operating the Service are not considered legal violations under copyright or other laws. For example, we need to be able to collect, process, transmit, store, copy, and publish Content in order to provide the Service. Accordingly, you hereby grant mmhmm inc. a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure Content is viewable on smartphones as well as computers and other devices, and that we may conform and adapt your Content to the technical requirements of connecting networks, devices, services or media), and reproduce such Content to enable us to operate the Service (the “Operations License”).
You agree that the rights provided with the Operations License are (1) royalty-free, worldwide, and irrevocable (for so long as your Content is stored or used in the Service), (2) sublicensable to other parties with whom we have contractual relationships related to the provision of the Service, solely for the purpose of enabling those third parties to provide their services, and (3) transferable to any party that may acquire and/or operate the Service in the future. (We do not assume any responsibility for, or liability on account of, the actions or omissions of such third parties.) We also reserve the right to otherwise permit access to or disclose any of your Content stored in the Service to third parties if we determine such access is necessary to comply with our legal obligations.
While you own the Content you store or use within our service (subject to third party rights), you acknowledge and agree that we (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service and all images, tools, audio and other materials that we may from time to time make available for your use with the Service (the “mmhmm Materials”). You may use the mmhmm Materials and the recordings you create utilizing the Service and mmhmm Materials for commercial purposes. However, you may not distribute, modify, transmit, reuse, download, repost, copy, or use any mmhmm Materials found on or through the Service itself for commercial purposes or personal gain, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
4. Behavior and Acceptable Use
We aim to foster a diverse, inclusive, and kind culture. While we do not monitor your live video conversations, streams, performances, educational presentations, or other communications with which you may use the Service on third-party service platforms (those uses are governed by the Terms of Service of the third party service providers you choose to use), we do require that your use of the Service, including any Content created using the Service (regardless of how it is used and shared thereafter) adheres to our behavior and acceptable use policies, which are as follows:
We therefore require you to comply with the guidelines set forth below, which may be updated from time to time to reflect changes in the Service, applicable laws, and/or the desires of our customers, or as otherwise determined appropriate by us, in our sole discretion.
- Do not violate laws or regulations applicable to you or the use of the Service. You, and not the Company, are responsible for complying with any laws or regulations applicable to the Content you access, create, or share while using the Service.
- Do not use any third-party services in connection with the Service in violation of any third party policies or requirements, or in some other manner that violates laws or regulations protecting any other person. Do not upload, post, or otherwise transmit any Content that you don’t have a right to transmit under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or protected health information or other personally identifiable information).
- Do not upload, post, or otherwise transmit any unsolicited or unauthorized advertising or promotional materials.
- Do not use the Service to promote harm to any person, group of people or animals, or any governmental or legal entity; or stalk or harass anyone.
- Do not upload, promote, or distribute software viruses or any other kind of computer code, files or programs that attempt to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. Don’t interfere with our servers or third-party services utilized with the Service, or with the services and networks of the service providers we use to help deliver the Service.
- Do not access or attempt to access the Service by any means other than through the software we provide. And don’t use the Service in a manner that could lead to the interruption of access to the Service for others.
- Do not upload, publish, or display any Content that contains sexually graphic material or material that may otherwise be deemed explicit or offensive, or that may be threatening, abusive, harassing, defamatory, libelous, obscene, invasive, hateful, or racially, ethnically, or otherwise objectionable. We reserve the right to make a determination as to whether your Content is acceptable, or not, in our sole discretion.
Please understand that these guidelines are intended to promote a beneficial experience for all users of the Service, but we cannot and do not monitor the use of the Service by others, so you may be exposed to offensive, indecent or objectionable behavior by other users when using the Service. We expect that you understand this and, accordingly, you agree that your use of the Service is at your own risk.
If you do encounter any behavior that conflicts with these policies, or any other objectionable content, you may contact us at email@example.com.
5. Copyright Infringement
If you believe that any user content or other material found in the Service violates your copyright rights, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.
You may only create an account with us to use the Service if you are above the age of 18, and the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account to use the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use the email address of another person or entity that is not lawfully available for your use, or otherwise attempt to give the impression of being a person or organization who you are not, without appropriate authorization.
We reserve the right to refuse service, terminate your account, remove, or edit Content, or cancel orders in our sole discretion.
7. Intellectual Property
The Service, Service software, mmhmm Materials, and their features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of mmhmm inc.
The Service constitutes the Company’s confidential and proprietary information and trade secret. You agree not to disclose any information relating to the Service you obtain while evaluating this beta version of the Service (including, without limitation, any design and performance capabilities, the results of any performance/benchmark tests, and any authorization codes or license keys) to third parties without our prior express written permission. This obligation of nondisclosure shall continue for two years after the termination of these Terms.
You agree that part of our objective in sharing this beta version of the Service with you is to obtain your feedback regarding what you like, what you don’t like, what works well, and what problems you encounter with the Service (collectively, “Feedback”). You agree to use reasonable efforts to provide Feedback to us in order to continue to use the Service, through whatever medium reasonably requested by us, including via email or through other communications media we designate from time to time. You also agree to receive communications from us related to your use of the Service as well as occasional messages informing you of changes and updates to the Service, soliciting your Feedback, issuing shareable invite codes, and any other information we deem necessary for participation in the beta program. All Feedback shall be deemed to be the Company’s confidential information and the sole and exclusive property of the Company, and may be used by the Company in any way without restriction or obligation to you. We shall be free to use for any purpose any ideas, concepts, know-how or techniques resulting from our access to or work with any Feedback provided in connection with your use of the Service.
10. Support and Updates; Commercial Release
While we expect to provide updates to the Service, and guidance on how to use the Service as it may be updated, we shall not have any obligation to provide specific support to you with respect to the use or modifications of the Service.
We may or may not announce the general commercial availability of the Service, with whatever functionality we determine, in our sole discretion. Your participation in the evaluation of the Service does not entitle you to rights to use any new or commercial version of the Service, and any access to or rights to use a subsequent release of the Service shall be subject to a separate agreement between you and us.
11. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that the Company 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 use of or reliance on any such content, goods, or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit or use with the Service.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. If you wish to have your account and all corresponding Content permanently deleted, you may contact us firstname.lastname@example.org.
Upon termination of your account, you shall delete the Service software, and not retain any copy thereof. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify and hold harmless the Company, its licensees and licensors, and its and their respective owners, employees, contractors, agents, officers and directors, and their respective successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) your breach of these Terms, or c) Content uploaded into the Service.
14. Limitation Of Liability
IN RECOGNITION OF THE EXPERIMENTAL, PRELIMINARY NATURE OF THE SERVICE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE SERVICE FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE COMPANY, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, PROPERTY, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL PART OF THE CONSIDERATION TO ALLOW YOU TO USE THE SERVICE, AND SURVIVES THE TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. We shall, however, have the right to seek relief in any court of competent jurisdiction in order to protect our proprietary rights in the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
These Terms constitute the complete agreement between you and the Company and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter herein. These Terms may not be modified or amended except in a writing signed by a duly authorized representative of the Company and you specifically referencing these Terms. These Terms are binding upon you, your successors, heirs, and representatives, but you may not assign or transfer your rights or obligations under these Terms to any other person, and any such attempt to assign is null and void.
19. Contact Us
If you have any questions about these Terms, please contact us at: email@example.com.