Mish Guru Terms of Use

These terms were last updated on 22 September 2014.

THANK YOU FOR USING MISH GURU!

Mish Guru's products and services are provided by Mish Guru Ltd. These Terms of Service ("Terms") govern your access to and use of Mish Guru's website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

More simply put:

Every company has its terms. These are ours.


0. SNAPCHAT™ TOS

Where possible, Mish Guru has endeavoured to ensure our products and services adhere as closely as possible to the Terms of Service as provided by Snapchat™ Inc, however the use of this type of tool is inherently incapable of meeting these fully. More specifically the following terms provided by Snapchat™ will be broken:

  • Use of any scraping, data mining, robots or similar data gathering or extraction methods;

  • Accessing the Snapchat™ API with an unauthorized or third-party client

  • Depending on the particular use of Mish Guru products and services others terms may be broken

By using Mish Guru products and services you acknowledge that you are breaking these terms and furthermore agree that you will not hold Mish Guru accountable for any damages that may result from the use of our products and services.

More simply put:

Full disclosure - Mish Guru is not officially affiliated with Snapchat™ Inc . You WILL be breaking their terms of service by using our products and services - we're working on fixing this.


1. USING MISH GURU

a. Who can use Mish Guru

You may use our Products only if you can form a binding contract with Mish Guru, and only in compliance with these Terms and all applicable laws. When you create your Mish Guru account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

 

b. Our license to you

Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

More simply put:

If you’re setting this account up on behalf of someone else then you must have the right authorisation to accept these terms on their behalf.


2. YOUR CONTENT

a. Posting content

Mish Guru allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Mish Guru.

More simply put:

If you post your content on Mish Guru, it still belongs to you but we can show it to people.


c. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from Mish Guru, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Mish Guru and its users may retain and continue to use, store, display, reproduce, reuse, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Mish Guru.

 

c. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from Mish Guru, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Mish Guru and its users may retain and continue to use, store, display, reproduce, reuse, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Mish Guru.

More simply put:

Copies of content shared with others may remain even after you delete the content from your account.


d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make Mish Guru more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Mish Guru does not waive any rights to use similar or related Feedback previously known to Mish Guru, or developed by its employees, or obtained from sources other than you

More simply put:

We love feedback on improving our product, if you give it too us we're free to use it without having to give you something.


3. COPYRIGHT POLICY

By publishing Content through Mish Guru, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights of any third party.

More simply put:

We respect copyrights. You should, too.


4. SECURITY

We care about the security of our users. While we work to protect the security of your content and account, Mish Guru cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

More simply put:

You can help us fight spammers by keeping these security tips in mind.


5. TERMINATION

Mish Guru may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.

More simply put:

We reserve the right to refuse service to anyone.


6. INDEMNITY

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Mish Guru and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

More simply put:

If we are sued because of something your business does on Mish Guru, you have to pay our costs. 


7. DISCLAIMERS

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

Mish Guru SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Mish Guru takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

More simply put:

Unfortunately, people post bad stuff on user-generated content sites like Mish Guru. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.


8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mish Guru SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Mish Guru AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED New Zealand DOLLARS ( 100.00 NZD)

More simply put:

We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.


9. ARBITRATION

For any dispute you have with Mish Guru, you agree to first contact us and attempt to resolve the dispute with us informally. If Mish Guru has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Arbitratiors and Mediators Insititute of New Zealand ("AMINZ") under the Arbitration Act 1996, then in effect for the AMINZ, except as provided herein. Unless you and Mish Guru agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AMINZ filing, administrative and arbitrator fees in accordance with AMINZ rules.The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Mish Guru ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

11. GOVERNING LAW AND JURISDICTION

This website, any information contained on it, and these terms and conditions of use will be governed by, and interpreted in accordance with, New Zealand law. The New Zealand courts have exclusive jurisdiction to hear any disputes concerning matters involving this website.

 

Our Products are controlled and operated from New Zealand, and we make no representations that they are appropriate or available for use in other locations.

More simply put:

We're from little ol' New Zealand. It's a beautiful place. Which is fortunate, because if you do decide to sue us you'll have to do it here.


12. GENERAL TERMS

Notification Procedures and changes to these Terms. Mish Guru reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

More simply put:

If we're making a big change to the terms, we'll let you know.


Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mish Guru without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mish Guru's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Mish Guru in connection with the Products, shall constitute the entire agreement between you and Mish Guru concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

More simply put:

These three passages are part of just about every online terms agreement. Basically, they ensure that a deal is a deal when you're using a site, including Mish Guru.


See Also