<div class="posterous_bookmarklet_entry">

Ok, this is one of the more entertaining Terms of Service that I've had to soldier through. When you read this stuff for a living, it's nice to encounter legalese with a sense of humor.  Oh, and check out their Board of Directors.  They've got some heavyweights playing this game of ball.  It's about time.


MOG and All Access Terms of Use & your End-User License Agreement

READ WELL. THIS MOG, INC. ("MOG" ALSO BETTER KNOWN AS "WE," "US," OR "OUR") AND ALL ACCESS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" & "YOUR") AND MOG.

<snip>

WE DON'T WANT YOU TO STOP. WE WANT YOU TO USE OUR STUFF. BUT IF YOU DON'T AGREE, YOU ARE NOT AUTHORIZED TO USE ANY APPLICATION AND YOU GOTTA PROMPTLY CEASE USING SOFTWARE OR CONTENT THAT YOU GOT FROM US THAT MAY STILL BE IN YOUR POSSESSION, AND YOU CAN'T ACCESS ALL THIS COOL CONTENT WE'RE WORKING SO HARD TO MAKE AVAILABLE TO YOU. IF YOU DON'T OR CAN'T ABIDE BY THE TERMS WE ARE OFFERING YOU FOR THIS AWESOME SERVICE AND PRODUCTS, WE WON'T BE (TOO) HURT, BUT WE MAY HAVE TO TERMINATE YOUR ACCESS (W/O ANY PREJUDICE, EXTREME OR OTHERWISE) TO THE APPLICATION(S), THE ALL ACCESS SERVICE ("SERVICE"), ANY RELATED MOG SERVICE, SITE AND/OR ANY CONTENT OR PART THEREOF.

Before we get to what MOG (and All Access) are all about-some more legal descriptions:

<snip>

MOG is all-powerful

That means that MOG retains all of the legal rights to control its site, service and membership. That means that MOG has the absolute right to unilaterally delete anything that is posted to any webpage, and to terminate your account at any time for any reason.

MOG is powerless

MOG recognizes that its users have significant power and control regarding what is posted on it. Despite retaining total legal control, MOG has neither the ability nor the desire to monitor all posts at all times. And, even if MOG does become aware of a particular post, MOG may not remove the post when others think that it should. As such, MOG assumes no obligation to monitor or control what Content is posted. MOG cannot be responsible for the accuracy or opinions of what is posted on it. Nor can MOG be responsible for what its advertisers promote or sell.

MOG owns intellectual property

Content created by MOG belongs to MOG and is protected by copyright, trademark, patent, trade secret and other laws. MOG owns and retains all rights in content created by MOG. MOG grants you a limited, revocable, non-sub-licensable license to reproduce and display Content (excluding MOG's software code) solely for your individual use when using MOG. You do not have the right to reproduce, distribute, modify, translate, publish, broadcast, transmit, perform, display, or sell any Content appearing on or through MOG.

<snip>

MOG doesn't play well with countries who are on a shitlist

The Application is provided with restricted rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer of Application is ________. You acknowledge that none of the Application may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Serbia (except Kosovo), Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Application you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

MOG is in CaliMOGia (actually, it's in California)

If there is a dispute between you and MOG, it shall be resolved by a court in California applying the laws of California without regard for conflicts of law. Further, you agree to personal jurisdiction by and venue in the state and federal courts of California.

USE OF LYRICS VIA MOG REQUIRES ACCEPTANCE OF THE TERMS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE LYRICS.

<snip>

To Sum It Up

This TOU/EULA Agreement applies whether you are simply visiting a MOG site, using any MOG application (including All Access) or whether you simply choose to participate in the MOG community without accessing all that other good stuff we offer. And to be clear, this Agreement applies to all aspects of MOG, including the use of its website(s) and its client Applications, from now until eternity. And, this Agreement does not replace other MOG policies (including the Privacy Policy, available here). Users must also understand that they are agreeing to MOG's Privacy Policy and, if appropriate, the MOG-O-MATIC End User License Agreement. Just as in any committed relationship, the rules may change over time (though we always try to be reasonable, and we are definitely committed—to you and your experience). As such, you must understand that MOG may reasonably change this Agreement from time to time, and that you will be bound by any revisions. Your continued use of an Application or our Site following our posting of a change of terms notice or a new End User License Agreement for an Application will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO MOG TO E-MAIL YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN TERMS OF THIS AGREEMENT, AN APPLICATION OR SERVICES TO WHICH YOU SUBSCRIBE.

If MOG is not for you or you do not agree to any of the terms set forth above, please do not visit our website(s), participate in the community or use MOG-O-MATIC. In other words, buh-bye.

Later.