Licensor grants you a non-exclusive right to use and display a copy of the Software on a single device. You may not distribute, copy, sell, rent, or transfer the Software to any other user or users. Licensor reserves all rights not expressly granted to you in this Agreement.
Licensor retains all title and ownership of the Product recorded on the original disc and all copies of the Product, regardless of the form or media in or on which the original and other copies may exist. This Agreement is not a sale of the Product or any copy of it.
The Product and the accompanying written materials ("Documentation") are copyrighted. Unauthorized copying of the Product, including any portion of the Software that has been modified, merged, or included with other software, or of the Documentation is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of the License.
You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Product or permit others to do so. You may not modify, adapt, translate, or create derivative works based on the Documentation without the prior written consent of Licensor.
The Product is licensed only to you and may not be transferred to anyone without Licensor's prior written authorization. Any authorized transferee of the Product shall be bound in writing by the terms and conditions of this Agreement. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the Product on a temporary or permanent basis except as expressly provided herein.
This Agreement is effective until terminated. You may terminate this Agreement by uninstalling the Software or ceasing to use the Website. Upon termination you must destroy the Documentation and all copies of the Product, including modified copies, if any.
Licensor may from time to time, create updated versions of the Product and provide them for use.
This Agreement is governed by the laws of the State of Ohio without regard to its conflicts of laws and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Any disputes between the parties relating to this Agreement shall be resolved by binding arbitration in Cleveland, Ohio, under to the commercial arbitration rules of the American Arbitration Association. This Agreement may be modified in the observance of any provision of this Agreement may be waived only with the prior written consent of Licensor. If any provision of this Agreement is found to be illegal, void or for any reason unenforceable, it shall be deemed severable from and shall in no way affect the validity on enforceability of the remaining provisions of this Agreement.
Licensor does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the Product or Documentation in terms of correctness, accuracy, reliability, currentness, or otherwise. Licensor does not represent or warrant that the Product will be compatible with Licensee's computer system or will not conflict with other programs, applications, or operating systems. Licensee assumes the risk of any computer failure, malfunction, crash, failure, or loss of data resulting from downloading or use of the Product and Licensor shall have no liability therefore.
All warranties, either express or implied, including but not limited to the implied warranties of the merchantability and fitness for a particular purpose are disclaimed. No oral or written information or advice given by Licensor, its dealers, distributors, agents, or employees creates a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. You may have other rights which vary from state to state.
Neither Licensor, nor anyone else who has been involved in the creation, production, or delivery of the product is liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the product even if Licensor has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
At AG Interactive, Inc. ("AG"), protecting our users' privacy and security is a top priority. We have adopted the following policy to advise you of our use of your personal information and your choices regarding that use. This policy describes what types of information we gather about you, how we use it, under what circumstances we disclose it to third parties, and your rights to change or delete it.
This Policy applies to information collected by the Mustache Wisdom application and Website (collectively "Product"). This Policy does not apply to the websites or applications of other companies or organizations, even if we link to those websites or applications. You should carefully review the privacy policies of those websites or applications in order to determine how they treat your personal information.
We gather certain generic information about the use of the Product, such as the frequency with which you open it, and the content that you favor. We may collect information from you based on the application or applications that you elect to use from us. For example, we may track how much time you spend using the application. These statistics are very much like television ratings that tell the networks how many people tuned in to a program. We only use this type of data in aggregate--that is, we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our customers use certain parts of our application, which, in turn, enables us to make it as appealing as possible. This data does not contain any personally identifiable information about you. We may also use the geographic location provided by your device to notify you of stores or products near you. This location is not tied to your personally identifiable information, and you may, of course, prevent the use of your location through your device settings.
When you use our Product to send a Mustache or any other content electronically, we collect your recipient's e-mail address. This information is necessary to send the content and provide confirmation that it has been received. We will not use your recipient's information for any purpose other than to send the Mustache. If you send a Mustache via Facebook, we do not collect any information about the recipient. PLEASE NOTE: Our products are neither intended nor appropriate for anonymous communications.
When you put information into the Product, such as a zip code, we store that information and use it for the purposes for which it was provided.
When you download the Software, we use software code to collect technical information about your device, including the type of device it is and the operating system it uses.
We may conduct demographic or other research about the users of our Product to determine how users engage with our content.
We may provide information about how our customers collectively use our Product to advertisers, sponsors, and other companies with which we do business ("Business Partners"). This data does not include any personally identifiable information about you.
We are a member of the American Greetings family. This means we are an Affiliate of American Greetings and its subsidiaries, including but not limited to Egreetings.com, BlueMountain.com, Cardstore.com, Webshots.com, and Recycled Paper Greetings. We reserve the right to share your information with our Affiliates. We may share your information with Affiliates in order to conduct promotions, offer special premiums, and share databases and equipment.. We reserve the right to share your information with other companies that become Affiliates of AG.
We reserve the right to communicate with you from time to time about important administrative, policy, legal, credit card, and billing matters that affect your use of our application, including without limitation any alleged violations of our Terms of Service. These communications are mandatory.
Generally, we do not share your information with third parties. We do reserve the right to share your information with third-party companies we may use to perform service functions for us. We do not share equipment or databases with these companies. Additionally, any company we use for these reasons will not share, sell, or distribute your information, or otherwise use your information except to provide us services.
We reserve the right to disclose your information to appropriate third parties if we are required to do so by law or we believe that such action is necessary:
- To comply with legal process such as a search warrant, subpoena or court order;
- To protect the company's rights and property;
- To investigate reports of users sending harassing, threatening, or abusive messages;
- To protect against misuse or unauthorized use of our Products; or
- During emergencies, such as when we believe someone's physical safety is at risk.
We are committed to protecting the privacy and rights of children online. To that end, we do not collect any personally identifiable information from users whom we know are under the age of 13.
In the event that AG or its units or subsidiaries are ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer our user databases together with any information contained in them, including personally identifiable information (if any), to a third-party acquiring AG's assets.
We take steps to protect your information. All of your information is restricted in our offices. Employees are granted access on a need-to-know basis (for example, our billing clerk or a customer support representative). Furthermore, all employees are kept up-to-date on our security and privacy practices. Our main servers are operated from a dedicated Internet hosting facility with state-of-the-art physical security features, including smoke detection and fire suppression systems, motion sensors, 24x7 secured access, and video camera surveillance and security breach alarms.