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These proposed Terms of Service effective as of January 1, 2014
Welcome to MyMoneyPicture!
The Service is provided to you by MyMoneyPicture without charge (it is free) and is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice.
Although the information found on this site is believed to be reliable, no warranty, expressed or implied, is made regarding the accuracy, adequacy, completeness, legality, reliability, or usefulness of any information, either isolated or in the aggregate. The information is provided "as is". All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, and non-infringement of proprietary rights, are disclaimed.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
"Agreement" means these Terms of Service.
"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
"Data" means any data inputted by You or with Your authority into the Website.
"Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
"Service" means the personal finance management services made available (as may be changed or updated from time to time by MyMoneyPicture) via the Website.
"Website" means the Internet site at the domain https://MyMoneyPicture.com or any other site operated by MyMoneyPicture.
"User" means the registered user for the Service, and, where the context permits, includes any entity on whose behalf that person registers to use this Service.
"You" means the User and / or Subscriber, where the context permits. "Your" has a corresponding meaning.
PRIVACY AND YOUR INFORMATION
YOUR REGISTRATION INFORMATION
You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your username and/or email address, allows you to access the Service. That username, email address and password, together with any other information you provide at signup form your “Registration Information.”
You must ensure that all usernames, email addresses and passwords required to access the Service are kept secure and confidential. You must immediately notify MyMoneyPicture of any unauthorised use of Your passwords or any other breach of security and MyMoneyPicture will reset Your password and You must take all other actions that MyMoneyPicture reasonably deems necessary to maintain or enhance the security of MyMoneyPicture's computing systems and networks and Your access to the Services.
YOUR USE OF THE SERVICE
Your right to access and use MyMoneyPicture and the Service is personal to you and is not transferable by you to any other person or entity. You must access and use MyMoneyPicture, the Website and the Service for lawful purposes and in accordance with these Terms and Conditions.
Your access and use of MyMoneyPicture may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of MyMoneyPicture or other actions that we elect to take.
You also agree that MyMoneyPicture may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant MyMoneyPicture a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to MyMoneyPicture in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
MyMoneyPicture reserves the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons: (a) breach of any applicable law or breach of any of the Terms and Conditions; (b) where we conclude that your conduct impacts on our name or reputation; or (c) where we conclude that your conduct violates our rights or those of another party.
You acknowledge that MyMoneyPicture may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and/or the Service and you agree we are not liable to you or any third party for such variation, modification or discontinuance.
USE OF MYMONEYPICTURE WITH OTHER DEVICES
Use of the Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. TO THE EXTENT PERMITTED BY LAW, MYMONEYPICTURE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
ONLINE, EMAIL AND MOBILE ALERTS
MyMoneyPicture may from time to time provide automatic alerts and voluntary account related alerts. Automatic alerts may be sent to you following certain changes made online to your MyMoneyPicture account, such as a change in your Registration Information. MyMoneyPicture may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion.
Electronic alerts will be sent to the email address you have provided as your email address for MyMoneyPicture. If your email address changes, you are responsible for informing us of that change.
Alerts are not encrypted, may include your MyMoneyPicture username, email address, transactions and other information about your transactions.
RIGHTS YOU GRANT US
By submitting information, data, passwords, usernames, email addresses, other log-in information, materials and other content to MyMoneyPicture through the Service, you are licensing that content to MyMoneyPicture solely for the purpose of providing the Service.
MyMoneyPicture may use and store the content, but only to provide the Service to you. By submitting this content to MyMoneyPicture, you represent that you are entitled to submit it to MyMoneyPicture for use for this purpose, without any obligation by MyMoneyPicture to pay any fees or other limitations.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property in relation to the Website, the Service and the content on the Website (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts, sound recordings and graphics comprised in the Website) (“Intellectual Property”) belongs to MyMoneyPicture or its licensors, advertisers or affiliates.
MyMoneyPicture retains all right, title, and interest in and to the Website and all related content and Intellectual Property, and nothing you do on or in relation to the Website, or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.
You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website.
You may [download] and view content or print a copy of material on the Website for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
The contents of MyMoneyPicture belong or are licensed to MyMoneyPicture or its software or content suppliers. MyMoneyPicture grants you the right to view and use https://MyMoneyPicture.com subject to these terms. You may download or print a copy of information provided on https://MyMoneyPicture.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from MyMoneyPicture in whole or in part for any other purpose is expressly prohibited without our prior written consent.
ACCESS TO THE INTERFACE
As a condition of these Terms, when accessing and using the Services, You must:
- not attempt to undermine the security or integrity of MyMoneyPicture's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
- not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
- not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
- not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
- not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
Furthermore, MyMoneyPicture does not warrant that functions contained in the Website and Service, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that MyMoneyPicture or our hosting server, are free of viruses or bugs.
SOCIAL MEDIA CONNECTIONS
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against MyMoneyPicture’s programming interface. Any such limitations will be specified within the Service.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall MyMoneyPicture, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorised access to or use of our 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 our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, MyMoneyPicture limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).
You specifically acknowledge that MyMoneyPicture shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by MyMoneyPicture from its facilities and makes no representations that the Service is appropriate or available for in any locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MyMoneyPicture, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Service.
ABILITY TO ACCEPT THIS AGREEMENT
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
We provide these Terms with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MyMoneyPicture without restriction.
If there is any dispute arising out of the Web Site and/or the Service, by using the Web Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.