Mitosis User Agreement
Effective March, 26th, 2018

This agreement (“user agreement” or “agreement”) serves to outline the rights and terms of use between Mitosis (“we”, “our,” “us”,), any internal, external or 3rd party systems (“system(s)”, “site(s)”) and you (“visitor”, “client”, “member”, “subscriber”, “user”). These terms extend throughout the Mitosis platform including, but not limited to, any comment submissions, forums participation and generally, any information submission by you to us.  Note that you are required to read and accept the terms outlined in our Privacy Policy in conjuncture with accepting these terms. 

This agreement is legally binding between you and us.  By accepting the terms below you hereby agree that you have read, understood, and agree to be bound by the terms and will participate in good faith in creating a fair and open community for discussion, sharing and camaraderie.

ACCESS
We reserve the right to refuse service, terminate or suspend your account, remove content and/or block access, at any time and without notice to the site or any external or 3rd party systems controlled or operated by us or on our behalf.  

USAGE
Mitosis is for personal use only. Using any systems we provide to break the law, violate user privacy or infringe upon intellectual property or any other proprietary rights is strictly forbidden.  Mitosis is for entertainment purposes only.  We are NOT responsible for actions you may take based on information found within the system.  

COMMERCE
Mitosis may offer commercial products and/or services and/or establish commercial partnerships for offerings of goods and services within the system for compensation.  This may include, but is not limited to, advertisements, affiliate services, coupons and/or discount deals. We are not responsible for any transaction you have with external or third-party product or service providers.  Any and all transactions you are party to are your responsibility. Buyer beware.

MEMBERSHIP
Mitosis allows user registration whereby a visitor may create a username and password combination to create an account (“Account”), log in and participate in discussions and post content.  It is the users responsibility to create a safe and secure login combination and keep the details safe. Mitosis takes no responsibility for accounts that are compromised or damages that may incur due to fraudulent access.  You are responsible for all actions associated to your account.

CONTENT
You are granted the right to access Mitosis content as outlined in this agreement. You may not make commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Mitosis content except as permitted by the “fair use” or as authorized in writing by us. To request license rights to Mitosis content please contact us directly at licensing@mitosis.com.

Mitosis may contain text, images, graphics, video, audio, software, code and advertisements supplied by us or our partners. This “Mitosis content” is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.  Additionally, Mitosis may contain hyperlinks to sites, files or other content located outside of the system. Mitosis takes no responsibility for this information. Finally, Mitosis does not endorse or assume any liability for any user submitted content.

Mitosis content may contain ads, opinions, reviews, news or other information on financial instruments both regulated and unregulated.  This information is NOT intended as investment advise. We take NO responsibility for any financial investments you make.  You are encouraged to contact a certified and reputable financial adviser before investing in anything.

By submitting information to the system “your content”, you agree to grant us a non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, worldwide license to publicly display, prepare derivative works, perform, distribute copies, or reproduce your content in any form or medium and for any purpose, including commercial purposes, and authorize others to do so.

You must have the right to submit the content you post to us.  By agreeing to these terms, you hereby agree that your user content does not violate the trademark, trade secrets or copyrighted works or any other personal or proprietary right of any other party.  You also agree to take any and all legal responsibility for any hyperlinks posted by you to outside sites, files or content.

CONTENT GUIDELINES
By agreeing to this document, you hereby agree to the content guideline rules below. Posting, sharing or otherwise making available the following type of Content is Strictly Prohibited:

  • Anything Illegal
  • Involuntary pornography
  • Sexual or suggestive content involving minors
  • Content that encourages or incites violence
  • Content that threatens, harasses, or bullies (or encourages others to do so)
  • Content that is copyrighted
  • Posting, linking or making available personal or confidential information
  • Impersonating someone in a misleading or deceptive manner
  • Soliciting (or facilitating) any transaction or gift involving certain goods and services
  • Excessive posting and/or posting the same or similar content constituting “spam”
  • Posting any content that contains nudity, pornography, or profanity, that a reasonable person would consider not safe for work (NSFW).

Breaking any of the content guideline rules may result in banning.  Note: forums or sections of the site may have moderation and contain their own content guidelines and rules.  Mitosis is not responsible for the means or manner in which moderated areas of the site are enforced.

AGE RESTRICTIONS
Mitosis is not intended for people under the age of 13.  By agreeing to these terms, you hereby swear that you are of age and that you are not setting up an account for anyone under 13 years of age.  We do not knowingly collect any information from those younger than 13.  Please refer to our Privacy Policy for further information on age requirements.

COMMUNICATIONS
In efforts to keep the Mitosis community informed we may show web pop-ups and/or send emails containing alerts, website updates, news, coupons or other information to members.  We will abide by all regulations within the CAN-SPAM Act.  Please refer to our Privacy Policy for details on how we handle and store sensitive user information.

DMCA, COPYRIGHT & TAKE DOWNS
We will respond to legitimate Digital Millennium Copyright Act (“DMCA”) take down requests. If you become aware of user content on Mitosis that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to us at copyright@mitosis.com.

Note: Filing a false infringement report may result in liability for monetary damages against the individual or entity filing the complaint. Consultation an attorney before submitting a DMCA take down request is advised.

Please submit the following with your request (additional information may be required):

  1. Your physical or electronic signature.
  2. The electronic or physical signature of the copyright owner or entity/person(s) authorized to act on their behalf.
  3. List of the works and/or identification of the copyrighted work(s) in question.
  4. The exact URL or location of the work(s) in question.
  5. The name, email address and phone number of the person submitting the claim.
  6. A statement, made under penalty of perjury, that all information in the submission is factual and that there is a good faith belief that the work(s) in question is not authorized by the copyright owner(s), its agent(s) or the law.

INDEMNITY
All actions and content submitted by you to us are your responsibility. You agree NOT to hold us legally liable for any actions or consequences generated from your use or submissions that may infringe the law or the rights of a third party or person in any way.  Furthermore, you agree to hold Mitosis, its affiliates, officers, directors, employees, agents, and/or third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your actions or access to Mitosis, your violation of this user agreement, and/or your violation of the rights of any third party or person.

DISCLAIMER OF WARRANTIES
Mitosis is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic.

You are solely responsible for any and all damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Mitosis or of it’s systems will be always be available or function properly.

LIMITED LIABILITY
We will NOT be held liable for ANY damages in any way connected with this agreement or your use (or attempted use) of Mitosis, including (but not limited to) damages for loss of profits, goodwill, use, or data. You agree to release us, our affiliates, third-party service providers and each associated director, employee, agents and/or officers from claims, demands and/or damages of ANY kind and/or nature arising out of or in any way connected to your use of Mitosis.

USER AGREEMENT UPDATES & CHANGES
This document constitutes the agreement between you and us in its entirety. It supersedes all prior and previous agreements between you and us. We retain the right to modify, alter or extend this user agreement at any time. By using Mitosis after changes and/or alterations to this agreement, you hereby agree to any and all changes.

 

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