Please read this agreement carefully before using WINDSQUIRE mobiles services ("WINDSQUIRE"). By accessing, browsing and/or using WINDSQUIRE, you acknowledge that you have read, understood, and agree to be bound, by the terms and conditions of use described herein, and all terms, policies, guidelines and conditions incorporated by reference, including any future modifications to this terms of service agreement. If you do not agree to all the terms and conditions of use in this terms of service agreement, please do not use WINDSQUIRE.
Mindgrub International ("Mindgrub International") reserves the right to change or modify any of the terms and conditions contained in this Terms of Service Agreement or any policies or guidelines governing the use of WINDSQUIRE at any time and in its sole discretion. You agree that such changes and modifications may be made solely by posting the revised Terms of Service Agreement or other policies and indicating at the top thereof the date it was last updated. You expressly agree to such form of notification of changes and modifications and waive any right to receive individual notice of such changes or modifications. Any changes or modification will be effective immediately upon posting of the revisions. Your continued use of WINDSQUIRE following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should review this Terms of Service Agreement and any applicable policies or guidelines whenever you access WINDSQUIRE in order to determine if such terms, policies or guidelines have changed, and to understand the terms and conditions and the policies and guidelines that apply to your use of WINDSQUIRE.
Access to WINDSQUIRE
Subject to this Terms of Service Agreement, WINDSQUIRE is offered by Mindgrub International solely for your own use, and not for the use or benefit of any third party. Mindgrub International may change, suspend or discontinue WINDSQUIRE at any time, including the availability of any feature, database, or content. Mindgrub International may also impose limits on certain features and services or restrict your access to parts or all of WINDSQUIRE without notice or liability. Mindgrub International will use reasonable efforts to ensure that WINDSQUIRE is available twenty-four hours a day, seven days a week. However, there will be occasions when WINDSQUIRE will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Mindgrub International to minimize such disruption when it is within Mindgrub International's reasonable control. You agree that Mindgrub International will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of WINDSQUIRE.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to use WINDSQUIRE including, without limitation, modems, hardware, software, and long distance or local telephone service. WINDSQUIRE Content
All materials displayed on WINDSQUIRE other than content posted by you, including, but not limited to text, graphics, design, visual interfaces, logos, tools, compilation, computer code, products, software, services, photographs, images, illustrations, audio, video, animations (collectively, "Content") are the property of Mindgrub International and/or third parties and are protected by United States and international copyright laws, trade dress and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. You shall abide by all copyright notices, information, and restrictions contained in any content accessed through WINDSQUIRE is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, in whole or in part.
You acknowledge and agree that if you use WINDSQUIRE to contribute content, you grant Mindgrub International and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display your content (in whole or in part) and/or to incorporate such content in other works in any form, media, or technology now known or later developed. You also grant each user of WINDSQUIRE the right to access, display, view, store and reproduce such content for personal use. You represent and warrant to Mindgrub International that you have the right to grant the licenses stated above.
You represent, warrant and agree that you will not contribute, post, upload to, transmit, distribute, store, create or otherwise publish, any content that (a) infringes, violates or otherwise interferes with any patent, copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is unlawful, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, invasive of privacy or publicity rights, inflammatory, fraudulent, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, including corrupted data or other harmful, disruptive or destructive files, (f) private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers, (g) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, (h) is unsolicited promotions, political campaigning, advertising or solicitations, (i) that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, or restricts or inhibits any other person from using WINDSQUIRE or which may expose Mindgrub International or its users to any harm or liability of any type, or (j) remains posted after you have been notified that such content violates any of sections (a) to (i) of this sentence. Mindgrub International reserves the right to remove any content from WINDSQUIRE at any time for any reason, suspend or terminate your right to use WINDSQUIRE or pursue any other remedy or relief available to Mindgrub International under equity or law, for any reason (including, but not limited to, receipt of claims or allegations from third parties or authorities relating to such content or if Mindgrub International is concerned that you may have breached the immediately preceding sentence).
You understand that when using WINDSQUIRE you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mindgrub International with respect thereto.
You are responsible for all of your activity in connection with using WINDSQUIRE. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to use WINDSQUIRE. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any WINDSQUIRE user. You may not use of WINDSQUIRE to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You agree not to collect or store any location or other personal information about any WINDSQUIRE users that you obtain from WINDSQUIRE.
The services, content, website and any software are provided on an "as is" basis, with all faults, defects and errors, and without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non- infringement. Mindgrub International makes no representations or warranties of any kind with respect to the website, the services, and the software, including any representation or warranty that the use of the website, services, or the software will (a) be timely, uninterrupted or error- free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, or (c) be free from bugs, viruses, errors or other harmful components, or that defects will be corrected. To the fullest extent allowed by law, Mindgrub International disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on WINDSQUIRE.
WINDSQUIRE provides personal, location-based services for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or WINDSQUIRE could lead directly to death, personal injury, or severe physical or property damage. WINDSQUIRE is not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
You agree to defend, indemnify and hold harmless Mindgrub International, its licensors, independent contractors, service providers and consultants, and their respective directors, officers, shareholders, employees, members and agents, from and against any claims, demands, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct in connection with WINDSQUIRE or any content you post, store or otherwise transmit on or through WINDSQUIRE or your use of or inability to use WINDSQUIRE, including without limitation, any actual or threatened suit, demand or claim made against Mindgrub International and/or its independent contractors, service providers, consultants, and their respective directors, officers, employees, members and agents, arising out of or relating to the content, your conduct, your violation of this Terms of Service Agreement, or your violation of the rights of any third party, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. In no event shall Mindgrub International, its licensors, independent contractors, service providers and consultants, and their respective directors, officers, shareholders, employees, members or agents, be liable with respect to WINDSQUIRE for (a) any direct, indirect, incidental, punitive, special, exemplary or consequential damages or liabilities of any kind whatsoever relating to software or this terms of service agreement, whether based on contract, tort (including negligence), strict liability or other theory, even if Mindgrub International has been advised of the possibility of such damages; (b) damages for loss of use, profits, data, images, user content or other intangibles; (c) damages for unauthorized use, non-performance, errors or omissions; or (d) damages related to downloading or posting content.
End User License
Mindgrub International grants you a non-exclusive, non-transferable license to install and use a copy of the WINDSQUIRE Software in object code form only, solely for your personal, noncommercial use in connection with WINDSQUIRE. Any software that updates, supplements or replaces the original WINDSQUIRE Software is governed by this Terms of Service Agreement unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this Terms of Service Agreement or as otherwise provided in such separate terms.
The preceding states the entirety of your rights with respect to the WINDSQUIRE Software, and we reserve all rights not expressly granted to you in this Terms of Service Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) license or sell the WINDSQUIRE Software; (b) distribute the WINDSQUIRE Software except as expressly authorized by Mindgrub International; (b) use the Software for any purpose other than your personal, noncommercial use; (c) reverse engineer, decompile, disassemble or attempt to discover the source code for the WINDSQUIRE Software; (d) modify, alter or create any derivative works of the WINDSQUIRE Software; or (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the WINDSQUIRE Software.
WINDSQUIRE is the valuable property of Mindgrub International and its licensors and is protected by copyright and other intellectual property laws and treaties. Mindgrub International and its licensors own all right, title and interest in and WINDSQUIRE, including all copyright and other intellectual property rights in the WINDSQUIRE Software.
Either party may terminate at any time by notifying the other party by any means. Mindgrub International may also terminate or suspend any and all of WINDSQUIRE use immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Service Agreement.
All provisions of this Terms of Service Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, termination, governing law, jurisdiction and miscellaneous. Termination of your access to and use of WINDSQUIRE shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Mindgrub International, including without limitation any indemnification obligations contained herein.
This Terms of Service Agreement, as modified from time to time, constitutes the entire agreement between you and Mindgrub International with respect to the subject matter hereof. This Terms of Service Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Mindgrub International shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Mindgrub International's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
If any provision of this Terms of Service Agreement is found, by a court of competent jurisdiction, to be unenforceable, illegal or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Service Agreement shall otherwise remain in full force and effect and enforceable.
The headings of sections and paragraphs of this Terms of Service Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. This Terms of Service Agreement is not assignable, transferable or sublicensable by you except with Mindgrub International's prior written consent. Mindgrub International may assign this Terms of Service Agreement in whole or in part at any time without your consent. This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of Maryland without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Terms of Service Agreement and you do not have any authority of any kind to bind Mindgrub International in any respect whatsoever.