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The services offered by Mandaroon.com ("Mandaroon.com",
"Mandaroon.net", "Mandaroon.tv", “Mandaroon” or
"we") include the Mandaroon.com website (the "Mandaroon.com,
Mandaroon.net and Mandaroon.tv Websites") and any other features,
content, or applications offered from time to time by Mandaroon.com in
connection with the Mandaroon.com Website (collectively, the
"Mandaroon.com Services" or the “Service”). The Mandaroon.com
Services are hosted on servers in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the
legally binding terms for your use of the Mandaroon.com Services. By using
the Mandaroon.com Services (as mentioned above), you agree to be bound by
this Agreement, whether you are a "Visitor" (which means that you
simply browse the Mandaroon.com Website) or you are a "Member"
(which means that you have registered with Mandaroon.com). The term
"User" refers to a Visitor or a Member. You are only authorized
to use the Mandaroon.com Services (regardless of whether your access or use
is intended or not) if you agree to abide by all applicable laws and to
this Agreement. Please read this Agreement carefully and save it. If you do
not agree with it, you should leave the Mandaroon.com Website and discontinue
use of the Mandaroon.com Services immediately. If you wish to become a
Member, communicate with other Members and make use of the Mandaroon.com
Services, you must read this Agreement and indicate your acceptance during
the message posting process.
This Agreement includes Mandaroon.com's policy for acceptable use of
the Mandaroon.com Services and Content posted on the Mandaroon.com Website,
your rights, obligations and restrictions regarding your use of the
Mandaroon.com Services and Mandaroon.com's Privacy Policy. In order to
participate in certain Mandaroon.com Services, you may be notified that you
are required to download software or content and/or agree to additional
terms and conditions. Unless otherwise provided by the additional terms and
conditions applicable to the Mandaroon.com Services in which you choose to
participate, those additional terms are hereby incorporated into this
Agreement. You may receive a copy of this Agreement by emailing us at: Info@Mandaroon.com, Subject: Terms of
Use Agreement.
Mandaroon.com may modify this Agreement from time to time and such
modification shall be effective upon posting by Mandaroon.com on the Mandaroon.com
Website. You agree to be bound to any changes to this Agreement when you
use the Mandaroon.com Services after any such modification is posted. It is
therefore important that you review this Agreement regularly to ensure you
are updated as to any changes. Mandaroon.com is not obliged to explicitly
inform you of any changes to this agreement or send you an email regarding
that matter, however Mandaroon.com will inform you by email about any
changes if possible.
Please choose carefully the information you post on Mandaroon.com
and that you provide to other Users. Your Mandaroon.com profile may not
include the following items: any
photographs containing nudity, or obscene, lewd, excessively violent,
harassing, sexually explicit, copyright infringing or otherwise
objectionable subject matter. Despite this prohibition, information
provided by other Mandaroon.com Members (for instance, in their Profile)
may contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and Mandaroon.com assumes no responsibility
or liability for this material. If you become aware of misuse of the
Mandaroon.com Services by any person, please contact Info@Mandaroon.com or click on the
"Report Violation" link that appears inside a classified ad,
message or member profile. You can also inform us through the “Contact Us”
page.
Mandaroon.com reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting (including private messages) by you,
or to restrict, suspend, or terminate your access to all or any part of the
Mandaroon.com Services at any time, for any or no reason, with or without
prior notice, and without liability.
1.
Eligibility. Use of and Membership in the Mandaroon.com Services is void where
prohibited. By using the Mandaroon.com Services, you represent and warrant
that (a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information; (c) you are 14 years
of age or older; and (d) your use of the Mandaroon.com Services does not
violate any applicable law or regulation. Your profile may be deleted and
your Membership may be terminated without warning, if we believe that you
are less than 14 years of age.
2.
Term. This
Agreement shall remain in full force and effect while you use the
Mandaroon.com Services or are a Member. You may terminate your Membership
at any time, for any reason, by contacting us directly or through the
“Contact Us” page. Mandaroon.com may terminate your Membership at any time,
without warning. Even after Membership is terminated, this Agreement will
remain in effect, including sections 5-17.
3.
Fees. You
acknowledge that Mandaroon.com reserves the right to charge for the
Mandaroon.com Services and to change its fees from time to time in its
discretion. If Mandaroon.com terminates your Membership because you have
breached the Agreement, you shall not be entitled to the refund of any
unused portion of subscription fees. Mandaroon.com also reserves the right
to refund any or all of the subscription fees if you decide to cancel your
subscription after subscribing.
4.
Password. When you sign up to become a Member, you will also be asked to
choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account,
username, or password of another Member at any time or to disclose your
password to any third party. You agree to notify Mandaroon.com immediately
if you suspect any unauthorized use of your account or access to your
password. You are solely responsible for any and all use of your account.
5.
Illegal Use by Members. Illegal and/or unauthorized use of the Mandaroon.com Services,
including collecting usernames and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the Mandaroon.com Website is
prohibited. Commercial advertisements, affiliate links, and other forms of
solicitation may be removed from Member profiles without notice.
Appropriate legal action will be taken for any illegal or unauthorized use
of the Mandaroon.com Services.
6.
Proprietary Rights in Content on Mandaroon.com.
1.
Mandaroon.com does not claim any ownership rights in the text, files,
images, photos, video, sounds, musical works, works of authorship, or any
other materials (collectively, "Content") that you post to the
Mandaroon.com Services. After posting your Content to the Mandaroon.com
Services, you continue to retain all ownership rights in such Content, and
you continue to have the right to use your Content in any way you choose.
By displaying or publishing ("posting") any Content on or through
the Mandaroon.com Services, you hereby grant to Mandaroon.com a limited
license to use, modify, publicly perform, publicly display, reproduce, and
distribute such Content solely on and through the Mandaroon.com Services.
Without this license, Mandaroon.com would
be unable to provide the Mandaroon.com Services. For example, without the
right to modify Member Content, Mandaroon.com would not be able to
digitally compress music files that Members submit or otherwise format
Content to satisfy technical requirements, and without the right to
publicly perform Member Content, Mandaroon.com could not allow Users to
listen to music posted by Members. The license you grant to Mandaroon.com
is non-exclusive (meaning you are free to license your Content to anyone
else in addition to Mandaroon.com), fully-paid and royalty-free (meaning
that Mandaroon.com is not required to pay you for the use on the
Mandaroon.com Services of the Content that you post), sublicensable
(so that Mandaroon.com is able to use its affiliates and subcontractors
such as Internet content delivery networks to provide the Mandaroon.com
Services), and worldwide (because the Internet and the Mandaroon.com
Services are global in reach). This license will terminate at the time you
remove your Content from the Mandaroon.com Services. The license does not
grant Mandaroon.com the right to sell your Content, nor does the license
grant Mandaroon.com the right to distribute your Content outside of the
Mandaroon.com Services.
2.
You represent and warrant that: (i) you
own the Content posted by you on or through the Mandaroon.com Services or
otherwise have the right to grant the license set forth in this section,
and (ii) the posting of your Content on or through the Mandaroon.com
Services does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person. You agree to pay for all
royalties, fees, and any other monies owing any person by reason of any
Content posted by you to or through the Mandaroon.com Services.
3.
The Mandaroon.com Services contain Content of Mandaroon.com
("Mandaroon.com Content"). Mandaroon.com Content is protected by
copyright and other laws, and Mandaroon.com owns and retains all rights in
the Mandaroon.com Content and the Mandaroon.com Services. Mandaroon.com
hereby grants you a limited, revocable, nonsublicensable
license to reproduce and display the Mandaroon.com Content (excluding any
software code) solely for your personal use in connection with viewing the
Mandaroon.com Website and using the Mandaroon.com Services.
4.
The Mandaroon.com Services contain Content of Users and other
Mandaroon.com licensors. Except for Content posted by you, you may not
copy, modify, translate, publish, broadcast, transmit, distribute, perform,
display, or sell any Content appearing on or
through the Mandaroon.com Services.
7.
Content Posted.
1.
Mandaroon.com may delete any Content that in the sole judgment of
Mandaroon.com violates this Agreement or which may be offensive, illegal or
violate the rights, harm, or threaten the safety of any person.
Mandaroon.com assumes no responsibility for monitoring the Mandaroon.com
Services for inappropriate Content or conduct. If at any time Mandaroon.com
chooses, in its sole discretion, to monitor the Mandaroon.com Services,
Mandaroon.com nonetheless assumes no responsibility for the Content, no
obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such Content.
2.
You are solely responsible for the Content that you post on or
through any of the Mandaroon.com Services, and any material or information
that you transmit to other Members and for your interactions with other
Users. Mandaroon.com does not endorse and has no control over the Content.
Content is not necessarily reviewed by Mandaroon.com prior to posting and
does not necessarily reflect the opinions or policies of Mandaroon.com.
Mandaroon.com makes no warranties, express or implied, as to the Content or
to the accuracy and reliability of the Content or any material or
information that you transmit to other Members.
8.
Content/Activity Prohibited. The following is a partial list of the
kind of Content that is illegal or prohibited to post on or through the
Mandaroon.com Services. Mandaroon.com reserves the right to investigate and
take appropriate legal action against anyone who, in Mandaroon.com's sole
discretion, violates this provision, including without limitation, removing
the offending communication from the Mandaroon.com Services and terminating
the Membership of such violators. Prohibited Content includes, but is not
limited to Content that, in the sole discretion of Mandaroon.com:
1.
is patently offensive and promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
2.
harasses or advocates harassment of another person;
3.
exploits people in a sexual or violent manner;
4.
contains nudity, violence, or offensive subject matter or contains a
link to an adult website;
5.
solicits personal information from anyone under 18;
6.
promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libellous;
7.
promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links to
them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music
files;
8.
involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9.
contains restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
10.
furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses;
11.
solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
12.
includes a photograph of another person that you have posted without
that person's consent; or
The following is a partial list of the kind
of activity that is illegal or prohibited on the Mandaroon.com Website and
through your use of the Mandaroon.com Services. Mandaroon.com reserves the
right to investigate and take appropriate legal action against anyone who,
in Mandaroon.com's sole discretion, violates this provision, including
without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
13.
criminal or tortious activity, including
child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
14.
any automated use of the system, such as using scripts to add
friends or send comments or messages;
15.
interfering with, disrupting, or creating an undue burden on the
Mandaroon.com Services or the networks or services connected to the
Mandaroon.com Services;
16.
attempting to impersonate another Member or person;
17.
using the account, username, or password of another Member at any
time or disclosing your password to any third party or permitting any third
party to access your account;
18.
selling or otherwise transferring your profile or username;
19.
using any information obtained from the Mandaroon.com Services in
order to harass, abuse, or harm another person;
20.
using the Mandaroon.com Services in a manner
inconsistent with any and all applicable laws and regulations.
9.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of the
owner of such proprietary rights. It is the policy of Mandaroon.com to
terminate Membership privileges of any Member who repeatedly infringes the
copyright rights of others upon receipt of prompt notification to Mandaroon.com
by the copyright owner or the copyright owner's legal agent. Without
limiting the foregoing, if you believe that your work has been copied and
posted on the Mandaroon.com Services in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following
information: (i) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; (ii) a description of the copyrighted work that you
claim has been infringed; (iii) a description of where the material that
you claim is infringing is located on the Mandaroon.com Services; (iv) your
address, telephone number, and email address; (v) a written statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; (vi) a statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
10.
Member Disputes. You are solely responsible for your interactions with other
Mandaroon.com Members. Mandaroon.com reserves the right, but has no
obligation, to monitor disputes between you and other Members.
11.
Privacy. Use of the Mandaroon.com Services is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
12.
Disclaimers. Mandaroon.com is not responsible for any incorrect or inaccurate
Content posted on the Mandaroon.com Website or in connection with the
Mandaroon.com Services, whether caused by Users of the Mandaroon.com
Services or by any of the equipment or programming associated with or
utilized in the Mandaroon.com Services. Profiles created and posted by
Members on the Mandaroon.com Website may contain links to other websites.
Mandaroon.com is not responsible for the Content, accuracy or opinions
expressed on such websites, and such websites are in no way investigated,
monitored or checked for accuracy or completeness by Mandaroon.com.
Inclusion of any linked website on the Mandaroon.com Services does not
imply approval or endorsement of the linked website by Mandaroon.com. When
you access these third-party sites, you do so at your own risk.
Mandaroon.com takes no responsibility for third party advertisements which
are posted on this Mandaroon.com Website or through the Mandaroon.com
Services, nor does it take any responsibility for the goods or services
provided by its advertisers. Mandaroon.com is not responsible for the conduct,
whether online or offline, of any User of the Mandaroon.com Services.
Mandaroon.com assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, or alteration of, any User or Member communication. Mandaroon.com is
not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure due to technical problems or traffic
congestion on the Internet or on any of the Mandaroon.com Services or
combination thereof, including any injury or damage to Users or to any
person's computer related to or resulting from participation or downloading
materials in connection with the Mandaroon.com Services. Under no
circumstances shall Mandaroon.com be responsible for any loss or damage,
including personal injury or death, resulting from use of the Mandaroon.com
Services, attendance at a Mandaroon.com event, from any Content posted on
or through the Mandaroon.com Services, or from the conduct of any Users of
the Mandaroon.com Services, whether online or offline. The Mandaroon.com
Services are provided "AS-IS" and as available and Mandaroon.com
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Mandaroon.com cannot guarantee and does not promise any
specific results from use of the Mandaroon.com Services.
13.
Limitation on Liability. IN NO EVENT SHALL MANDAROON.COM BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MANDAROON.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, MANDAROON.COM'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MANDAROON.COM FOR THE
MANDAROON.COM SERVICES DURING THE TERM OF MEMBERSHIP.
14.
Disputes. Any dispute between Mandaroon.com and you about or involving the
Mandaroon.com Services must be settled by arbitration, provided that the
foregoing shall not prevent Mandaroon.com from seeking injunctive relief in
a court of competent jurisdiction.
15.
Indemnity. You agree to indemnify and hold Mandaroon.com, its subsidiaries,
and affiliates, 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 Mandaroon.com Services in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above and/or if any Content that
you post on the Mandaroon.com Website or through the Mandaroon.com Services
causes Mandaroon.com to be liable to another.
16.
Other. This
Agreement is accepted upon your use of the Mandaroon.com Website or any of
the Mandaroon.com Services and is further affirmed by you becoming a
Member. This Agreement constitutes the entire agreement between you and
Mandaroon.com regarding the use of the Mandaroon.com Services. The failure
of Mandaroon.com to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no legal
or contractual effect. This Agreement operates to the fullest extent
permissible by law. If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this Agreement and
does not affect the validity and enforceability of any remaining
provisions.
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