Terms and Conditions

Welcome and thank you for visiting the beta version of MikeIsGod.com (the "MikeIsGod Site"), a website owned and operated by Presage Designs LLC. ("Presage Designs" or "MikeIsGod"). By using or accessing the MikeIsGod Site and the services provided through or accessed on the MikeIsGod Site (collectively, the "MikeIsGod Services"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"), and in return, MikeIsGod grants you a limited, non-exclusive, personal, and non-transferable license to use and access the MikeIsGod Site and the MikeIsGod Services.

If you do not agree to these Terms of Service please do not access the Site. You agree that these Terms of Service and the MikeIsGod Services are subject to change and that MikeIsGod may change its Terms of Service, or even cease operations altogether. Because any changes to the Terms of Service will be effective when posted, we recommend that you periodically check this Site for changes.

General Terms

1. You must comply with all the terms of these Terms of Service in order to use the MikeIsGod Services.
2. You must be 18 years or older to use the MikeIsGod Services.
3. If you create a login and apply for an account to use the MikeIsGod Services (a "MikeIsGod Account"), you must provide complete and accurate registration information, and you are responsible for any activity that occurs under your username or account.
4. You are responsible for keeping your account and password secure.
5. You must have no intention of persuing any type of legal claim against this website or its owners to view or discuss it's contents.
6. You must not modify, adapt, create derivative work of, reverse engineer, hack, interfere, disrupt or attempt to gain unauthorized access the MikeIsGod Site or the MikeIsGod Services (including any of its subpages or software provided on or through the MikeIsGod Site) or modify another website so as to falsely imply that it is associated with MikeIsGod.
7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, or links ("Content") that you submit, post, display and/or distribute on or through the MikeIsGod Services.
8. You must not use the MikeIsGod Services to harass, threaten, abuse, intimidate, impersonate, or otherwise violate any legal rights (including rights of privacy and publicity) of others.
9. You must not disseminate, store or transmit viruses, trojan horses or other malicious code or program.
10. You must not create, submit, disseminate, or transmit any unwanted email ("Spam") to any of MikeIsGod's members.
11. You must not use the MikeIsGod Services for any illegal, unauthorized or commercial purpose.
12. You must not, in the use of the MikeIsGod Services, violate any laws in your jurisdiction (including, but not limited to, proprietary rights and copyright laws). International users agree to comply with all local laws regarding online conduct and acceptable content.

Violation of any of these Terms of Service will result in the termination of your MikeIsGod Account. While MikeIsGod prohibits such conduct and content on its MikeIsGod Site, you understand and agree that MikeIsGod cannot be responsible for the Content posted on its MikeIsGod Site by members, and you nonetheless may be exposed to such materials and that you use the MikeIsGod Services at your own risk.

Basic Conditions of Use

1. MikeIsGod reserves the right to modify, alter or terminate the MikeIsGod Services or these Terms of Service for any reason or no reason, without notice, at any time. If the alterations constitute a material change, as determined by MikeIsGod in its sole discretion, MikeIsGod will notify you via internet mail.
2. MikeIsGod reserves the right to refuse service to anyone for any reason at any time.
3. MikeIsGod may, but have no obligation to, remove Content and accounts containing Content that MikeIsGod determine in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
4. Links initiated at the MikeIsGod Site may unintentionally lead to other sites containing information that you may find inappropriate or offensive; sites which contain inaccurate information, false or misleading advertising; or sites containing information which violates copyright, libel or defamation laws. MikeIsGod encourages you to use discretion when using such links.
5. You agree and acknowledge that you have no expectation of privacy with respect to the Internet in general. Please visit MikeIsGod's privacy policy for more information.
6. These Terms of Services are effective as of the time you first access the MikeIsGod Site and shall continue in full force and effect until terminated as follows:
1. You may terminate your MikeIsGod Account for any reason or no reason at any time. In the event you have registered for a MikeIsGod Account to use the MikeIsGod Services, once you terminate your membership, you shall have no further rights or privileges to use the MikeIsGod Services; or
2. MikeIsGod may terminate your MikeIsGod Account and access to or use of the MikeIsGod Services for any reason or no reason, with or without notice, at any time.

Your Representations and Warranties

1. Your MikeIsGod Account. You agree to be solely responsible for any authorized or unauthorized access to your account by any person. You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the MikeIsGod Services.
2. Your Representations and Warranties. You represent and warrant to MikeIsGod that: (i) you are over the age of thirteen (13) have the power and authority and to comply with the terms of these Terms of Services and to perform your obligations under the terms of these Terms of Service; (ii) you will comply with all terms and conditions of these Terms of Service; (iii) you have provided and will provide accurate and complete registration information; (iv) each time you upload Content on the MikeIsGod Site, you own or otherwise control the rights or have the necessary consents to do so.
3. Advertisements. MikeIsGod may run advertisements and promotions on the MikeIsGod Services. By using the MikeIsGod Services, you agree that MikeIsGod has the right to run such advertisements and promotions. The manner, mode and extent of advertising by MikeIsGod on the MikeIsGod Services are subject to change in MikeIsGod's sole discretion.

Intellectual Property and Proprietary Rights

1. MikeIsGod's Proprietary Rights. The entire contents of the MikeIsGod Site (including all contents contained therein) are copyrighted as a collective work under the laws of United States and other copyright laws. MikeIsGod holds the copyright in the collective work. The collective work includes works that are the property of the information providers which are also protected by copyright and other intellectual property laws. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the MikeIsGod Site. Unless there is a written agreement between you and MikeIsGod, you understand and agree that nothing in these Terms of Service gives you the right to use MikeIsGod's trademarks, tradenames, service marks, logos, domain names, and any other distinctive brand features.
2. Your Content. MikeIsGod claims no intellectual property rights over the material you provide to the Site. Your Content remains yours. You can remove Content you submitted at any time.
3. You give MikeIsGod permission to use your Content. By submitting any Content to the MikeIsGod Site, you agree to grant MikeIsGod and its users permission to access and use your Content. You hereby grant to MikeIsGod a worldwide, assignable, non-exclusive, sublicensable, royalty-free license to publish, use, reproduce, distribute, transmit, adapt, modify, create derivative of, provide user access to, publicly perform and publicly display, in every manner and medium now or hereafter known, any and all Content (in whole or in part) solely for the purpose for which such Content was submitted. The foregoing license shall be in effect for so long as such Content remains on the MikeIsGod Site, and will terminate at the time you or MikeIsGod removes such Content from the MikeIsGod Site. MikeIsGod shall have no obligation to use or take any action with respect to any Content.
4. Third Party Rights. You acknowledge and agree that content contained in merchant sites, sponsor advertisements or information presented to you through the MikeIsGod Services or advertisers is protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws.
5. You can notify MikeIsGod of possible copyright infringement. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
   1. A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
   2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
   3. A description of where the material that you claim is infringing is located on the MikeIsGod Site reasonably sufficient to permit MikeIsGod to locate the material;
   4. Your contact information, including your address, telephone number, and email;
   5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   6. A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
   Claims can be sent to Presage Designs LLC, P.O. Box 8927, Houston, TX 77249-8927. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA").
6. Your Comments. By submitting ideas, comments, suggestions, documents, and/or proposals ("Comments") to MikeIsGod through the MikeIsGod Services, you agree to grant MikeIsGod permission to use or disclose (or choose not to use or disclose), without any restriction or limitation, any such Comments for any purpose, in any way, in any media worldwide. In order to allow MikeIsGod to use your Comments, you acknowledge and agree that: (a) MikeIsGod is not under any obligation of confidentiality, express or implied, with respect to such Comments; (b) MikeIsGod may have under consideration or in development something similar to such Comments already; and (c) you are not entitled to any compensation or reimbursement of any kind from MikeIsGod under any circumstances for such Comments.

Limitations and Exclusions

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONLY THE LIMITATIONS AND EXCLUSIONS BELOW WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND MikeIsGod'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT OF THE LAW.

1. Disclaimer of Warranties.
   1. MikeIsGod MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE OR THE SERVICES.
   2. MikeIsGod DISCLAIMS (A) ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE MikeIsGod SITE OR ANY OF ITS SUBPAGES; (B) ANY AND ALL RESPONSIBILITY FOR THE CONDUCT OF ANY USER OF THE SITE OR ANY VISITOR OF THE MikeIsGod SITE; (C) ANY AND ALL RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND (D) ANY AND ALL RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE MikeIsGod SITE OR ANY OF ITS SUBPAGES.
   3. YOUR USE OF THE MikeIsGod SERVICES AND THE MikeIsGod SITE (INCLUDING ANY CONTENT PROVIDED ON OR THROUGH EITHER THE MikeIsGod SERVICES OR THE MikeIsGod SITE) IS AT YOUR SOLE RISK. THE MikeIsGod SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MikeIsGod MAKES NO WARRANTY THAT THE MikeIsGod SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS. SINCE THE MikeIsGod SERVICES IS IN ITS ALPHA VERSION, IT DOES CONTAIN BUGS AND IT WILL PRODUCE ERRORS.
2. Limitation of Liability.
   1. UNDER NO CIRCUMSTANCES WILL MikeIsGod BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE MikeIsGod SITE, THE SERVICES, THE USE OF THE MikeIsGod SITE OR THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, (I) YOUR USE OR INABILITY TO USE THE MikeIsGod SITE AND/OR THE SERVICES; (II) ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE MikeIsGod SITE AND/OR THE SERVICES; (III) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (IV) ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; (V) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE MikeIsGod SITE AND/OR THE SERVICES; OR (VI) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE MikeIsGod SITE AND/OR THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT MikeIsGod HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON MikeIsGod, THE MikeIsGod SITE AND/OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
   2. IF YOU ARE DISSATISFIED WITH THE MikeIsGod SITE AND/OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE MikeIsGod SITE AND/OR THE SERVICES.

Indemnification

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY MikeIsGod, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO (I) THE CONTENT YOU SUBMIT, TRANSMIT, POST OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES; (II) ANY VIOLATION BY YOU OF THESE TERMS OF SERVICES; OR (III) ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER.

Miscellaneous

1. The terms of the sections labeled "Basic Conditions of Use," "Intellectual Property and Proprietary Rights," "Limitations and Exclusions," "Indemnification," and "Miscellaneous" shall survive any termination or expiration of these Terms of Services.
2. These Terms of Services shall be governed by and construed in accordance with the laws of the State of Texas. You and MikeIsGod agree to submit to the exclusive jurisdiction of the courts located within the county of Houston, Texas to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, you agree that MikeIsGod shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. This Website is controlled and operated from within the United States. MikeIsGod makes no representation that the Website is appropriate or available in locations outside the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable laws.
3. No waiver of any term, provision or condition of these Terms of Service in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that if MikeIsGod does not exercise or enforce any legal right or remedy which is contained in the Terms of Service (or which MikeIsGod has the benefit of under any applicable law), this will not be taken to be a formal waiver of MikeIsGod's rights and that those rights or remedies will still be available to MikeIsGod.
4. These Terms of Services constitutes the complete and exclusive statement of the agreement between the parties with respect to the MikeIsGod Site and the MikeIsGod Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the MikeIsGod Site and the MikeIsGod Services.
5. If any action in law or in equity is necessary to enforce the terms of these Terms of Service, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
6. The provisions of these Terms of Services are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
7. No provisions of these Terms of Services are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to these Terms of Service; except that section labeled "Indemnification" is intended to benefit MikeIsGod and its stockholders, officers, directors, employees, and agents.
8. MikeIsGod may assign its rights and duties under these Terms of Services to any party at any time without notice to you. You may not transfer or assign any of your rights and duties under these Terms of Service without the prior written consent of MikeIsGod.
9. You agree that MikeIsGod may provide you with any notices by e-mail, regular mail, or postings through the MikeIsGod Site.