Terms of Use Agreement

Welcome to MURAL, a website and online service owned and operated by Tactivos, Inc. (“MURAL”, “we”, “us” or “our”). These Terms of Service (the “Terms”) govern your access to and use of MURAL (“we” or “our”) websites and services, including the App (as defined below) (collectively, the “Services”), so please carefully read them before using the Services.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

When you use the Services, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the Services do not violate any applicable law or regulation; and (d) you will comply with the rules for on-line conduct and making Contributions (as defined in Section 2 below) to the Services, as discussed in Section 2 below. You further represent and warrant that you will comply with all local rules regarding on-line conduct and acceptable Contributions.

Regardless of how you decide to use this Site, your conduct on this Site is governed by this Agreement, the terms of the MURAL Privacy Policy ( www.mural.co/terms/privacy-policy) and the MURAL DMCA Notice (www.mural.co/copyright-infringement-notification).

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1. USE OF THE SERVICES

Who Uses MURAL?

There are personal and professional uses for MURAL. Users may want to use MURAL to organize content from various sources and to collaborate with other users. Businesses may be interested in using MURAL to collaborate on projects. Schools may explore using MURAL for educational purposes. These are only some of the possible uses.

There are different account types. The details and pricing for all account types is available at www.mural.co/pricing.

What is MURAL?

MURAL is a robust platform for visual collaboration and group problem solving. In particular, MURAL users are able to integrate content from multiple sources, arrange it freely in a two-dimensional canvas, and share this content with other people.

The MURAL Platforms

MURAL is a service that can be consumed by any of its multiple apps. There are Desktop, Web and Mobile apps. Versions of the desktop app are available for Apple OSX and Microsoft Windows, and mobile versions are available for iPhone®, iPad® and Android™ devices. iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android™ platform is a trademark of Google Inc.

Murals

Murals (“Murals”) are digital visual containers. They are scrollable and zoomable two-dimensional canvases. Murals can hold pictures, links to web content, links to files/documents, and text which can be arranged freely on the canvas. Each of the elements in a Mural has a link that could be shareable. The Mural itself is shareable as well. The mural creator can invite other people (by email, MURAL username or by creating a special link) to either collaborate or view a mural.

Rooms

Murals can be organized in Rooms. Typically a team will create a room for a specific project and host all the murals related to that project inside a the room. Users can be invited into a room and room owners can define individual user permissions to create murals inside that room (not necessarily everyone invited to the room is allowed to create murals inside it). All members of a room have access to the murals hosted in the room, but murals might have extra members that are not part of the room (i.e you invite a client to view a specific mural in the room without giving him access to the whole room). An Account administrator is able to define which users have permission to create rooms.

Can Children Use MURAL?

The Services are not directed toward children. If Children use the Services, we expect that such use will be with the guidance, supervision and consent of parents, guardians or authorized school officials, who, in turn, are responsible for ensuring that children understand their rights and obligations under these Terms and the MURAL Privacy Policy. In the United States, if you are a school that includes children under the age of 13 and you would like to use the Services with such children, you are responsible for complying with the Children’s Online Privacy Protection Act (“COPPA”) and if applicable, the Family Educational Rights and Privacy Act (“FERPA”). Accordingly, in order to use the Services, you must notify parents/guardians of the information to be collected from children under the age of 13 and obtain consent from the parent/guardian prior to collecting and sharing such information. COPPA permits schools to acts as agents for parents/guardians in providing such consent. Please see https://www.ftc.gov/privacy/coppafaqs.shtm#schools.

If you are a school outside of the United States, please make sure that you are complying with any laws that apply to the collection and/or sharing of personal information of children before submitting information to the Services or otherwise using the Services.

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2. RULES GOVERNING CONTRIBUTIONS

Please read our Privacy Policy, available at www.mural.co/terms/privacy-policy, to understand your privacy protections.

What are Contributions?

The Services are designed to facilitate collaboration. It is possible for a user to post or submit a wide range of content to the Services (collectively, “Contributions”) and to collaborate with other users on Murals containing such Contributions. Contributions may include, but are not limited to, photos, videos, text, drawings/sketches, Web content (including files or documents from third party online storage services, notes from third party note-taking applications, and links from third party websites), and other materials. Please be aware that you are entirely responsible for the content of, and any harm resulting from, any of your Contributions.

Contributions to Murals

Contributions to Murals will be treated as confidential. Only users with permission (granted by you or provided in accordance with our Privacy Policy) may access Murals.

Users

When you invite users to Edit, they will be able to access all element previews, add content to a Mural, edit content in the mural, and even delete content in the mural. The activity will be logged and presented in the Activity Feed. Users can also copy and paste content into another Mural.

When you share your mural by creating View only links, users that access that link can only view the content and explore the links/files/documents.

Your Commitment to Our Rules Governing Contributions

When you create or make available a Contribution, you represent and warrant that you:

• Own or have sufficient rights to post your Contributions, on or through the Services;
• Will not post Contributions that violate our or any other person’s privacy rights, publicity rights, copyrights or other intellectual property rights, or contract rights;
• Have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owing any person by reason of Contributions that you posted to or through the Services;
• Will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
• Will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services); provided that, recommending a product or service (including by pinning or including a link to it) shall not be deemed a violation of this Section 2(e) so long as you disclose in your Contribution any material connection between you and the provider of such product or service;
• Will not use the Services for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications without our express written consent or engage in any framing of, or linking to, the Services;
• Will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
• Will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, including without limitation, hacking into the Services, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications; or
• Will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

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3. YOUR RIGHTS IN YOUR CONTRIBUTIONS

We do not and will not own your Contributions. That said, for us to make your Contributions available on the Services, we will need from you a limited license, as described below. We have no rights in your Contributions except pursuant to this limited license and any other rights you grant us in these Terms.

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4. GRANT OF LICENSE TO US FOR CONTRIBUTIONS

As stated in point 3, you retain full ownership to your contributions, but we need a license from you so that our handling of your Contributions does not violate applicable laws, including copyright. That means that by making a Contribution to the Services, you grant us a license to display, perform and distribute your Contributions and to modify and reproduce such Contributions to enable us to provide the Services. Please note that we may need to modify your Contributions to conform to technical requirements for viewing on your computer or mobile device.

The above license is non-exclusive, royalty-free, irrevocable and worldwide. When your Contributions are no longer stored on the Services, this license ends. The above license is also sublicensable. This means that we may provide some or all of these rights to third parties with whom we have contractual relationships, for the limited purpose of providing the contracted services that form part of the Services. Please note that the above license also applies to Contributions that are submitted through or stored on third party services that are integrated with the Services. In addition, if in connection with your submission of Contributions stored on such integrated third party services we may need to extract those Contributions from such services before making such Contributions available on the Services, you represent and warrant that accessing and extracting such Contributions will not violate the applicable terms of use or API license agreement for those services.

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5. USE AND PROTECTION OF ACCOUNT INFORMATION AND PASSWORD

You are responsible for maintaining the confidentiality of your account information and password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

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6. OUR INTELLECTUAL PROPERTY RIGHTS

All of the content on the Services (“Materials”), the trademarks, service marks, and logos contained on the Services (“Marks”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Services and Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights not expressly granted in and to the Services and Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Services or the Materials. You further agree not to access the Services by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.

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7. OUR MANAGEMENT OF THE SERVICES/USER MISCONDUCT

• We may, but are not required to: (a) monitor or review the Services for violations of these Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law or any of our policies or are excessive in size or burdensome; and/or (d) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Services.
• Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION.
• Risk of Harm. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Services and that you give to other users of the Services. You are discouraged from publicly posting the following information on the Services: your full name, telephone numbers and street addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Services. We expect that you will use caution and common sense when using the Services.

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8. TERM AND SURVIVAL

These Terms shall remain in full force and effect while you use the Services. You may terminate your use or participation at any time, for any reason, by using the “Deactivate Account” option in the App or contacting us at: support@mural.co. Upon termination of your Services account for any reason, we will close your account, and in most cases, we will give you 30 days, via notice to your email address on record, to retrieve materials contained in the account. Even after your use and participation is terminated, these Terms will remain in effect, including sections: 1-3, 6-9, and 11-17.

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9. COPYRIGHT POLICY

We may terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on this Site infringes upon your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Act Notice (www.mural.co/copyright-infringement-notification)

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10. MODIFICATIONS

The Internet and technology are rapidly changing. Accordingly, we may need to modify these Terms from time to time. We will post on www.mural.co a copy of the modified Terms, which will become effective 30 days after they are first posted on www.mural.co. You should regularly review www.mural.co to ensure that you are informed of any changes and if you are also a registered user, be sure that the email address on record is current. If you are a registered user, we will also email you to the email address then on record a link to a copy of the modified Terms 30 days before they will go in effect. If any modification is unacceptable to you, you shall cease using the Services. Your continued access to the Services will indicate you have accepted the change.

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11. THIRD PARTY SITES

The Services may contain links to other websites (“Third Party Sites”). We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on the Services does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws.THESE TERMS DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THE SERVICES OR A LINK LOCATED ON THE SERVICES, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

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12. DISPUTES BETWEEN USERS

You are solely responsible for your conduct. You agree that we cannot be liable for any dispute that arises between you and any other user.

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13. DISPUTES WITH US, CHOICE OF LAW AND FORUM

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any state court located in San Francisco County, California or the United States District Court for the Northern District of California, in all cases without the posting of a bond), any dispute arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three (3) arbitrators appointed in accordance with such rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees. You and we further agree that any disputes shall be resolved under the substantive law of the State of California (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply.

You agree not to bring a claim a legal action more than one (1) year after the cause of action arose.

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14. DISCLAIMERS

ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICES, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICES OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

US Government End Users. The Software and Documentation constituting the Services are "commercial items," as defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software) and Defense Federal Acquisition Regulation Supplement (“DFAR”) 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which these Terms may be incorporated, Government end users will acquire the Software and Documentation with only those rights set forth in these Terms. Any license provisions that are inconsistent with federal procurement regulations are not enforceable against the U.S. Government.

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15. LIMITED LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE GREATER OF (A) $100 AND (B) THE FEES PAID TO US FOR THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE CLAIM.

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16. INDEMNITY

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, Contributions or Materials in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.

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17. MISCELLANEOUS

Entire Agreement

These Terms constitutes the entire agreement between you and us regarding the use of the Services and supersede any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.

Independent Contractors

Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

No Third Party Beneficiaries

These Terms are between you and us. There are no third-party beneficiaries to these Terms.

Section Titles

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Non-Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Severability

These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment

You may not assign your rights under these Terms to any third party; we may assign our rights under these Terms without condition.

Last updated on: Jun 24, 2014.