Terms Of Use
1 INTRODUCTION
1.1 We welcome you to muendo, a private networking service operated by TremTech, Inc.
1.2 This agreement describes the terms and conditions for the use of muendo (which represents several top-level domains, including but not limited to muendo.com). Membership in muendo confirms that you have read and accept these terms of use, and that you agree to be bound by them.
1.3 We reserve the right to modify and amend these terms of use from time to time, for any reason, and without prior notice; use of the website as a member indicates your acceptance of any changes. You are responsible for regularly reviewing these terms of use.
1.4 We reserve the right to suspend or terminate, at our discretion, a member's account for violations of our rules, guidelines, or terms of use.
2 MEMBERSHIP CONDITIONS
2.1 Our website and membership are not available to the general public and require an invitation by an existing member of muendo. Members are expected to invite only respected persons within their own real-world communities and not individuals who might bring discredit to or harm the reputation of muendo and our community.
2.2 By having a membership account in muendo, you acknowledge that you meet our requirements for membership. As a member, you may not have more than one membership account, nor may you open an alternative account if your membership is suspended, shifted outside of muendo.net, or terminated for any reason. You may not sell, trade, or transfer a membership account to another person, nor accept or use an account that was not originally yours. If an account violates these conditions, the account will be terminated immediately.
2.3 Your participation in muendo is based upon the assumption that all information you provide regarding yourself is truthful and accurate. Misleading or false information is sufficient reason for us to terminate your account.
2.4 You may not use a pseudonym or alias.
2.5 We reserve the right to change or adjust membership criteria and to make changes in the existing membership at any time and without prior notice.
3 CONDITIONS OF USE AND SERVICE
3.1 Your use of muendo is in accordance with these terms of use, and muendo may deny service or membership without prior notice if you fail to comply with them.
3.2 muendo is made available for personal, individual and business use.
3.3 We reserve the right to remove any content posted by you or other members at our sole discretion, for reasons including but not limited to that it is unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any party's intellectual property or privacy.
3.4 While we do our best to monitor the content of the website, you understand and agree that you may encounter material with which you disagree or find objectionable, and that you use the website with this understanding and acceptance, and do not hold muendo liable.
3.5 We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted in the websiteÕs forum or elsewhere, nor does muendo endorse opinions expressed in the forum or elsewhere.
3.6 muendo reserves the right to make changes to the website or our service without prior notice, and to charge for the our services or for particular features, and to modify any fees or services without prior notice.
3.7 By posting or submitting content or information on the website, you automatically grant muendo a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to display such content on our website.
4 YOUR MEMBERSHIP RESPONSIBILITIES
4.1 You may not monitor, data-mine, or copy our web pages or any content within the site, nor collect, archive, trade or sell any personal data or communications about other members.
4.2 You alone are responsible for the confidentiality and security of your accountÕs username, password and usage. You are also accountable for all activities regarding your account, with or without your knowledge or permission. muendo assumes no liability for activities of your account accessed through your password and username.
4.3 You may not use aSmallWorld for any illegal purpose in any country or jurisdiction.
4.4 You cannot post content or initiate any communications that we consider libelous, scandalous, abusive, obscene, discriminatory, unlawful, or otherwise objectionable.
5 DATA and INFORMATION PROTECTION
5.1 muendo is based upon trust and privacy. All personal information provided to muendo is treated with the utmost confidence and care.
5.2 We will not disclose any personal data to any third party without being entitled to do so and with your express permission.
5.3 While we make every effort to keep muendo a trusted and safe environment, muendo cannot be held liable should content you have posted on the website that is viewable by members be copied or distributed elsewhere.
5.4 Access to your private account information is limited to webmasters and management of muendo. No other employees, contractors or third parties will have access to this information without your express permission.
5.5 muendo may access, preserve, and disclose the contents of your account if required to do so by law, or in the belief that such actions are reasonably necessary to comply with legal requirements or to protect the rights and property of aSmallWorld.
6 TERMINATION OF YOUR ACCOUNT
6.1 You may terminate your account at any time without cause, penalty or explanation.
6.2 muendo may, at our discretion and with or without cause, immediately terminate your member account and all access to the website without prior notice. Any account termination by us may take into account the business interests of muendo and the interests of the community as a whole.
6.3 Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other provisions of these terms and conditions continue after termination of your membership. We will not be liable to you or any third-party for the termination of your member account. If your account is terminated, you may not reenter muendo without our express permission.
7 DISCLAIMERS AND LIMITATIONS
7.1 Disclaimer of Warranties: TremTech, Inc. and its affiliates, licensors, partners, suppliers, consultants and agents ("muendo ") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability, or availability of information or materials displayed on any of our websites. muendo disclaims any and all responsibility and liability for the conduct of any member. The muendo service, and all materials, information (including, without limitation, any information or materials obtained or accessed through the muendo websites), products and services included therein are provided "as is," with no warranties whatsoever. muendo expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. You agree that your use of the muendo is entirely at your own risk. You agree to hold harmless and indemnify muendo from and against any third-party claim arising from or in any way related to your use of our services and website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
7.2 Limitation of Liability: Under no circumstances will muendo be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your use of muendo, whether or not muendo has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the muendo service, from inability to use muendo, or from the interruption, suspension, or termination of the muendo website (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
7.3 Miscellaneous Provisions: These terms and conditions will be governed by and construed in accordance with the laws of NY State, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in NY State, USA. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect. You shall not assign these terms and conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall aSmallWorld be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These terms of use constitute the entire agreement between you and muendo with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms and conditions by a party will be effective only if in writing and signed by a party.
7.4 Copyright and Trademarks: TremTech, Inc. and its affiliates and licensors own and retain all rights in the muendo website and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. " muendo " is a trademark of TremTech, Inc. All content on muendo is copyright TremTech, Inc.
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