Terms of Use
Last updated: May 17, 2020
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.mycosomedia.com website (the “Service”) operated by Mycoso Media (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Mycoso Media’s Relationship with Buyers and Writers:
Mycoso Media performs a Quality Assessment of all Writers Before contracting with a Writer. All Writers must be highly skilled and specialized in the field in order to provide Submissions. Information is also collected from Writers when registering for an Account that Mycoso Media reviews to determine a particular Writer’s background, expertise and interests.
When a buyer posts a job on this site Mycoso Media searches a writer for the job by the following conditions:
1. A Writer’s background and experience.
2. Evaluating a Writer against the criteria requested by the Buyer, such as, style, expertise, tone etc.
3. A Writer’s past results in connection with prior Jobs, including Buyer feedback.
Once a match is performed, the Job is offered to Writer. Writer can accept or reject the Job for any reason. If the Job is accepted, the Buyer and Writer engage in connection with the Job.
User’s eligibility and obligations:
Mycoso Media is intended solely for use by a legal entity or an individual thirteen (13) years of age or older, and any registration by, use of, or access to the Site by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms of Service. By using the Site, you represent and warrant that you are 13 or older, and further, that you agree to abide by all of the terms and conditions of this Agreement. If you are under 18, you affirm that you are either an emancipated minor or possess legal parental or guardian consent to access and use the Site. Mycoso Media may terminate your Account, Job, and any content or information that You have posted on the Site and/or prohibit you from using or accessing the Site for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that You are under 13.
To register for an Account with Mycoso Media, you must accept all of the terms and conditions in, and linked to, this Agreement. When you do so, you agree to:
(a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Site;
(b) be financially responsible for your use of the Site and the purchase or delivery of Writer Services; and
(c) perform your obligations as specified by any Writer Contract that you accept, unless such obligations are prohibited by law or by this Agreement. Mycoso Media reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone for any reason or no reason.
Accounts:
To become a User and access services through our Site you must register for an Account. When you create an account with us, you must provide us information which should be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You cannot register for more than one Account without express written permission from Mycoso Media.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Your Mycoso Media Account (including feedback) and Username are not transferable, and any transfer or attempted transfer to another party is null and void.
Links To a Third Party Website:
As you view this Site, you may notice links to third-party websites. These links are for convenience only which are not owned or controlled by Mycoso Media.
Mycoso Media has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mycoso Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in linking to a third-party website.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination:
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Misrepresenting your identity or affiliation in any way or violating any applicable laws or regulations or these Terms would force us to terminate your account immediately.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
User Content:
Some areas of the Site may allow Users to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) through the Site, and you agree that Mycoso Media is acting only as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content is published, Mycoso Media does not guarantee any confidentiality with respect to any User Content.
User Disputes:
You are solely responsible for your interactions with other Users. Mycoso Media reserves the right, but shall have no obligation, to monitor disputes between you and other Users.
User License to Mycoso Media:
You retain all your ownership rights in your User Content except ownership for Writer Services, which is governed by the Writer Contract. By posting any User Content on the Site, you expressly grant, and you represent and warrant that you have a right to grant, to Mycoso Media a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and Mycoso Media’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, Mycoso Media will only use or disclose your User Content posted to non-public areas of the Site (such as the Dashboard) to the extent necessary to provide you the services on the Site. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Site. You understand and agree, however, that Mycoso Media may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Site does not provide you a means to delete or remove are perpetual and irrevocable.
Disclaimers, Limitations and Exclusions:
Data:
You are responsible for creation, storage, and backup of your business records and User Content. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Mycoso Media’s part to store, maintain, backup, retain, or grant access to any information or data for any period.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.
Termination:
Mycoso Media may terminate your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitations of liability, indemnity, and jurisdictional issues shall survive any such.
Warranty Disclaimer:
You agree that you will not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any commercial or other purpose whatsoever any Content without the prior written consent of Mycoso Media, or except as expressly permitted herein. If you download or print a copy of any User Content for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable, or otherwise interfere with the security related features of the Site or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Site or the User Content herein. You agree not to use the Mycoso Media names, logos and marks (whether registered or based on common law) for any purpose without the prior written authorization of Mycoso Media.
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. MYCOSO MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY-(I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE PURCHASE OF WRITER SERVICES); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MYCOSO MEDIA’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR; (VI) ANY ERRORS OR OMISSIONS IN ANY SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES MADE AVAILABLE VIA THE SITE. MYCOSO MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MYCOSO MEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE SITE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY CONTENT.
In addition, please note that the Site may include technical inaccuracies or typographical errors. Mycoso Media has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Site, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Mycoso Media services on any particular device or communications service. Mycoso Media has no obligation to provide you with notice of any such changes, and Mycoso Media is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Site.
Limitation of Liability:
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MYCOSO MEDIA BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
1.THE USE OF THIS SITE OR SERVICES OFFERED BY THE SITE;
2.THE INABILITY TO USE THIS SITE OR THE SERVICES;
3.THE MISAPPROPRIATION OF MATERIALS; OR
4.THE LOSS OF, OR DAMAGE TO, MATERIALS FOR ANY REASON, EVEN IF MYCOSO MEDIA OR A MYCOSO MEDIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Unsolicited Ideas:
Mycoso Media does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in Mycoso Media’s privacy policy, you give Mycoso Media an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any User Content. You further agree that Mycoso Media has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site or to us through email.
Entire Agreement; No Waiver; Severability:
These Terms, including the Terms of the Privacy Policy and Writer Services Agreement, constitute the entire agreement between you and Mycoso Media regarding the use of the Site, superseding any prior agreements between you and Mycoso Media relating to your use of the Site. The failure of Mycoso Media to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Claims of Copyright Infringement:
Mycoso Media respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you are encouraged as a first step to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to Mycoso Media’s designated agent along with the following information:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
A description of the copyright work that you claim has been infringed and a description of the infringing activity;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Site where it is posted or the name of the book in which it has been published;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in Your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
We have a policy of terminating accounts of repeat infringers. A repeat infringer includes any User who has submitted or posted two or more pieces of Content for which we receive a notice of infringement. You agree that if your account is terminated pursuant to these Terms, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated you indemnify and hold us harmless from any and all liability that we may incur therefore.
Governing Law:
These Terms shall be governed and construed in accordance with the laws of Mumbai, India without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those 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 Service.
Contact Us:
If you have any queries or questions about the above mentioned Terms, please contact us here.