Terms and Conditions
These Terms and Conditions (collectively "Terms") contain legal obligations. Please read them carefully.
Ownership of Service.
The Mockingbird websites (usemockingbird.io, redspace.com and any variations of or successors to these websites, collectively, the "Mockingbird Website" or the "Website") and the Mockingbird service (together with the Website, the "Mockingbird Service" or the "Service") are owned by REDspace Inc. and any successors and assigns (collectively referred to in these Terms as "Mockingbird"). The Mockingbird Service may expand or change from time to time. You acknowledge that Mockingbird owns all intellectual property rights in the Service and the Mockingbird trademark.
Application of General Terms and Conditions.
Use by end users of the Mockingbird Service and the Mockingbird Website is governed by these Terms. Use by certain publishers or other clients may be subject to their separate contracts with us, which may incorporate these Terms in whole or in part. When you are using any service or product offered by Mockingbird that does not have a separate legal agreement, these Terms will apply. In addition, Mockingbird also may offer certain services from time to time that are governed by the terms of service of the respective service partners. Where the Mockingbird Service is running on third-party websites, the terms of use of those websites may be applicable in addition to these Terms. The Mockingbird Privacy Policy, found at https://usemockingbird.ai/privacy-policy forms part of these Terms.
Questions.
Please direct any legal questions to:
Mockingbird Legal Officer
REDspace Inc.
1595 Bedford Highway
Bedford NS Canada B4A 3Y4
info@redspace.com
Acceptance and Accuracy.
By using the Mockingbird Service, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and any other posted guidelines or rules applicable to any website where the Mockingbird Service is found. Mockingbird may make improvements and/or changes to the Website and Terms at any time. We make no representation as to the completeness or accuracy of any information on this Website, and we undertake no obligation to update or revise the information contained on this Website.
Conditions and Restrictions of Use.
Termination. Use of the Mockingbird Service is subject to compliance with these Terms. You acknowledge and agree that Mockingbird may terminate and/or suspend your access to any portion of the Mockingbird Service should you fail to comply with the Terms or any other guidelines and rules published by Mockingbird. Any such termination or suspension shall be in Mockingbird's sole discretion and may occur without prior notice, or any notice. Mockingbird further reserves the right to terminate or suspend any user's access to Mockingbird or to any portion of the Mockingbird Service for any conduct that Mockingbird, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Mockingbird or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, provincial, federal, or foreign laws or regulations. Mockingbird further reserves the right to terminate or suspend any user's access to the Mockingbird Service for any reason or for no reason at all, in Mockingbird's sole discretion, without prior notice.
Eligibility. The Mockingbird service ("Service") is intended solely for users who are eighteen (18) years of age or older. Any registration for, use of, or access to the Service by anyone under 18 is unauthorized and in violation of this Agreement. By using the Service, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions herein.
Mockingbird hosts a broad spectrum of user-generated content ("Content"). While much of this Content is suitable for general audiences, the Service as a whole is not designed for individuals under the age of 18. We reserve the right to require proof of age and to deny access to the Service to any individual we believe to be a minor.
Account Registration and Responsibilities. When you create an account with Mockingbird, you agree to:
Provide true, accurate, current, and complete information about yourself as prompted by our registration form ("Registration Data").
Maintain and promptly update your Registration Data to ensure it remains accurate and complete.
Account Security. You are responsible for safeguarding your password and any other credentials used to access your account. All activity that occurs under your account is your sole responsibility.
You must notify Mockingbird immediately if you become aware of any breach of security or unauthorized use of your account. We also recommend that you log out of your account at the end of each session. Mockingbird will not be liable for any loss you incur due to your failure to comply with these security requirements.
Content Not Screened or Error Free. You acknowledge and agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that Mockingbird does not screen or review published Content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will Mockingbird be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Service. In the event that you believe that Content published on or through the Mockingbird Service contains defamatory material or otherwise is published in violation of these terms and conditions, please contact us right away at the address specified above.
User Agrees Not to Circumvent Publishers' Ownership Rights. You acknowledge and agree that your rights to view the publisher Content that you access on or through the Mockingbird Service are strictly limited to rights that you obtained in respect of the Content. Except as permitted expressly by such rights, you may not copy, reproduce, use or in any way exploit any such Content, and you may be criminally and/or civilly liable for doing so.
Prohibited Conduct.
In addition to other restrictions in these Terms, you agree that you will not:
Use Mockingbird Services to engage in any conduct or upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable, as Mockingbird determines in its sole discretion.
Collect or store personally identifying information about other users for commercial or unlawful purposes.
Impersonate any person or entity, including, but not limited to, a Mockingbird official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or Mockingbird.
Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.
You agree that Mockingbird may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Mockingbird, its users and the public.
Mockingbird also may suspend or terminate any user account for any Service because of user inactivity. For example, a Mockingbird account may be terminated or suspended if a user fails to sign-in to the Mockingbird Service for an extended period of time. The minimum level of "user inactivity" varies depending on the Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Service immediately ceases.
Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement.
Mockingbird respects the intellectual property of others. Mockingbird does not, however, independently confirm that all Content made available through the Mockingbird Service is provided by a valid rights holder. In the event that Mockingbird becomes aware that Content published on or through the Mockingbird Service has been provided by a person who is not a valid rights holder, Mockingbird may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work available through Mockingbird has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Mockingbird at the address set out above.
License To Content.
Except as otherwise provided by the Mockingbird Privacy Policy, with respect to any Content posted by you on, to, or through Mockingbird or the Services, you grant Mockingbird a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create derivative works of, and distribute such Content to test and promote Mockingbird and the Services. Such license shall apply with respect to any form, media, or technology now known or later developed.
DISCLAIMER OF WARRANTIES.
MOCKINGBIRD AND THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Mockingbird DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MOCKINGBIRD DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MOCKINGBIRD OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Mockingbird OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MOCKINGBIRD SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL MOCKINGBIRD OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Indemnity.
You agree to indemnify and hold Mockingbird and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of these Terms or any other applicable published Mockingbird usage terms, conditions, policies, or requirements, or your violation of any rights of another.
Third Party Links.
The Website may contain links to websites operated by other parties. The linked sites are not under the control of Mockingbird, and Mockingbird is not responsible for the Content available on any other Internet sites linked to the Website. Such links do not imply Mockingbird's endorsement of material on any other site, and Mockingbird disclaims all liability with regard to your access to such linked websites. Mockingbird provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to the Website is at your own risk.
Consent to Exclusive Jurisdiction, Waiver of Objections.
These Terms and Conditions and the relationship between you and Mockingbird shall be governed by the laws of the Province of Nova Scotia, Canada without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Nova Scotia for the adjudication of any and all claims arising out of your use of the Mockingbird Services, and you waive any objection thereto.