Terms of Use - Be nice and we'll be nice.
These terms ("Terms") constitute a legal agreement between you and Munio Memory
Services, LLC. ("Munio"). Your use of this website (“Site”) and/or the Services
(as defined below) constitutes your acceptance of the Terms. If you do not agree
with the Terms, please do not use this Site or the Services. Munio reserves the
right to update these Terms and revise or modify the Munio Site or Services without
notice at any time and your continued use of the Site and/or the Services will constitute
acceptance of such updated Terms or revisions or modifications.
The Site provides you with access to a variety of information and services. All updates or
changes to the Site or the Services are also subject to these Terms.
All elements of Site, including but not limited to the general design, are protected
by trade dress, trademark, copyright and other laws relating to intellectual property
rights. Munio hereby provides you with a limited license to use the Site and the
Services for your personal, non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any features or elements of the Site or the Services, or
any portion thereof.
You shall indemnify Munio and its licensors against any losses, expenses, costs
or damages incurred by any or all of them as a result of your breach of these Terms
or your unauthorized use of the Site or the Services.
Privacy. For information relating to the collection and use of your information,
please see the Munio Privacy Policy.
You agree that you will not use the Site or the Services for any purpose that is
unlawful or prohibited by these Terms, and you will not use the Services in a manner
that could damage, disable, overburden, or impair any Munio server, the network(s)
connected to any Munio server, or interfere with any third party's use and enjoyment
of the Site or the Services. You may not attempt to gain unauthorized access to
any Services or other users’ accounts by hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Services.
Munio has no obligation to monitor any communications made via the Site or the Services,
however, Munio reserves the right to review materials posted and to remove any materials
in its sole discretion. Munio also reserves the right to terminate your access to
any or all of the Services (including but not limited to terminating or suspending
your account and deactivating your user name and password) at any time, without
notice, for any reason whatsoever. Upon such termination, suspension or deactivation,
any information you have stored may not be retrieved later.
Munio reserves the right at all times to disclose any information as Munio deems
necessary to satisfy any applicable law, regulation, legal process or governmental
request.
Munio does not claim ownership of the materials you provide to Munio (including
feedback and suggestions) or post, upload or submit via the Service (each a "Submission").
However, by posting, uploading, providing or submitting any Submission you are granting
Munio permission to use your Submission in any manner, including, without limitation,
the license rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to publish your name in
connection with your Submission; and the right to sublicense such rights to any
third party. No compensation will be paid with respect to the use of your Submission
by Munio or any third party. Munio is under no obligation to post or use any Submission
you may provide and Munio may remove any Submission at any time in its sole discretion.
By posting a Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in these Terms including, without
limitation, all the rights necessary for you to provide, post, upload or submit
the Submissions.
In addition to the warranty and representation set forth above, by posting a Submission,
you warrant and represent that (a) you are the copyright owner of any applicable
materials contained in such Submission, or that the copyright owner has granted
you permission to use their content, and (b) you have the rights necessary to grant
the licenses and sublicenses described in these Terms.
Munio reserves the right to remove content and/or accounts which post inappropriate
material to the public facets of the site. This includes:
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profanity, hateful or spiteful material;
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porn and/or other adult content;
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content condoning or recommending illegal activiy;
NO WARRANTY. THE SITE AND THE SERVICES ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF
ANY KIND, AND ANY USE OF THIS SITE AND THE SERVICES ARE AT YOUR OWN RISK. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUNIO AND ITS LICENSORS AND SUPPLIERS
DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND/OR FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITE AND
THE SERVICES.
MUNIO DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS,
OR THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
MUNIO RESERVES THE RIGHT TO SUSPEND OR TERMINATE THE SITE OR THE SERVICES AT ANY
TIME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MUNIO OR ITS AUTHORIZED
REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT MUNIO AND IS NOT RESPONSIBLE
OR LIABLE FOR: (1) ANY CONTENT, WHICH MAY BE INFRINGE THE RIGHTS OF OTHERS OR BE
INACCURATE, OR ILLEGAL (SUCH AS BEING OBSCENE, INDECENT, DEFAMATORY, THREATENING,
OFFENSIVE,OR TORTIOUS); OR (2) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT
YOUR ACCESS TO OR USE OF THE MUNIO SITE. IN NO EVENT SHALL MUNIO AND/OR ITS RESPECTIVE
LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE THE SITE OR THE SERVICES, OR INFORMATION AVAILABLE FROM
THE SITE OR THE SERVICES EVEN IF MUNIO HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH
DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY. MUNIO’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL
NOT EXCEED TEN DOLLARS (US$10.00). YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO YOUR USE OF THE MUNIO SITE MUST BE BROUGHT WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
Applicable Law and Disputes. You agree that the laws of the state of Utah,
without regard to principles of conflict of laws, will govern these Terms and any
dispute that may arise between you and Munio. Any dispute relating your use of the
Site or the Services shall be submitted to confidential arbitration in Cedar Hills,
Utah, except that Munio may seek injunctive or other relief in any state or
federal court, and you consent to exclusive jurisdiction and venue in such courts,
to the extent you have violated or threatened to violate Munio intellectual property
rights,. Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association and the arbitrator's award shall
be binding and may be entered as a judgment in any court of competent jurisdiction.