MLodi, LLC TERMS OF SERVICE
Date: December 1, 2022
Acceptance of the Terms of Service
Welcome to the App (“App”) of MLodi, LLC (collectively “the Company,” “MLodi,” “Company” “we,” “our,” or “us”). MLodi is the owner of a certain proprietary mobile application, a habit tracker called “MLodi” which is an event registration and scheduling app. The website and App are collectively referred to as the “Services.”
Please read the Terms of Service carefully before you start to use the Website or Services. By using the Website or Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy incorporated herein by reference (“Privacy Policy“) available at https://mlodi.com/legal. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website or Services.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your (“Your,” “You,” or “User”) access to and use of this website (the “Website”) and use of the Services.
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, whether a user, third party, business, event creator, administrator, teacher or an individual viewing our website or using the Services and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its directors, officers, employees, and agents.
You are solely responsible for all of your interactions with all Users, third-parties or businesses that you contact, or that contact you. Be advised that there are risks, including but not limited to the risk of physical harm, robbery, or assault that could occur when dealing with strangers, including persons who may be acting under false pretenses or pretending that they are a Business. Please use caution with regard to the information you elect to share as part of your User Profile or in any communication you engage in with a prospective Business through the Services. You should only list the contact information that you are comfortable disclosing to Business and other Users of the Services.
The app doesn't allow users to track one another, but only enables users to see the scheduled time and location which is an op-in feature.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.
This Website and Services are offered and available to users who are 18 years old or older. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not 18 years old or older, you must not access or use the Website or Services.
The App and Services are not a healthcare or medical app or site nor do the App or Services provide or offer any medical advice, counseling or treatment whatsoever for any type of medical diseases, ailments or injuries. The App and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions you may have regarding a medical condition. We also do not endorse or recommend any health care professionals who you might find while using the App or Services.
BE ADVISED THAT MLODI DOES NOT CONDUCT ANY CRIMINAL BACKGROUND CHECKS ON ANYONE THAT USES THE APP OR SERVICES AND YOU AGREE THAT MLODI IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OR ACTIONS OF ANYONE THAT USES THE APP OR SERVICES OR ANYONE THAT YOU COME IN CONTACT WITH WHILE USING THE SERVICES.
When using the App and Services, you are responsible for ensuring that your use of the App and Services is in compliance with all applicable laws in the states you reside or do business in.
WE OFFER NO GUARANTEES OR WARRANTIES THE RESULTS OF USING THE APP OR SERVICES WILL MEET ANY OF YOUR REQUIREMENTS. YOUR USE OF THE APP AND SERVICES IS SOLELY AT YOUR OWN RISK.
We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website and Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
To access the Services and Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We may, without notice to you, at any time, revise these Terms of Service and any other information contained in this Website. We may also make improvements or changes in the products, services, or programs described in this Website at any time without notice.
This Website contains proprietary notices and copyright information, the terms of which must be observed and followed.
The Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Us. Furthermore, except for the limited rights granted in this Section, you will not (and will not encourage or assist any third party to): (i) modify, alter, tamper with, repair or otherwise create derivative works of the Services or any software or technology included in or used or distributed by Us to provide the Services; or (ii) reverse engineer, disassemble or decompile the Services, or attempt to discover or recreate the source code for the Services.
You may only use a crawler to crawl this Website as permitted by this Website’s robots.txt protocol, and We may block any crawlers in Our sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site.) All other use of this site is prohibited. All rights not expressly granted herein are reserved.
You may not copy, modify, distribute, sell, or lease any part of our Website or Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to this Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
Except for the limited permission in the preceding paragraphs, the Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Website on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this Website with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
5. Registration/Passwords.
To sign up for the Services, we may require you to register for an Account on the Services (an "Account") or log in via Facebook Connect, Twitter or another authentication mechanism (a “Third Party Account”). You must provide accurate and complete information and keep your Account information updated. If you provide any information that is inaccurate, not current or incomplete, or MLodi has reasonable grounds to suspect that such information is inaccurate, we may, disqualify you from collecting and/or redeeming rewards, and/or terminate your Account, at our sole discretion.
There are no sign up, cancellation or registration fees. The fees are charged to the event administrator on a per-registration basis--either percentage or flat fee.
You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password and login credentials secure. You may never use another person’s user Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
You may establish, maintain, use and control only one Account on the Services. Each Account on the Services may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not "co-own" accounts on the Services. In the event We determine that you have opened, maintained, used or controlled more than one Account, in addition to any other rights that We may have, we may suspend or terminate your right to access the Services.
6. Access.
You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Services. If you access the Services through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Services from your device. Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device. MLodi makes no representation that the Services can be accessed on all devices or wireless service plans. MLodi makes no representation that the Services are available in all languages or that the Services are appropriate or available for use in any particular location.
7.1 When using Your Devices hereunder: (i) you are responsible for the acquisition, cost and maintenance of Your Devices as well as any necessary wireless data plan; and (ii) We shall make available the App for installation on Your Device. We hereby grant you a personal, non-exclusive, non-transferable license to install and use the App on Your Device solely for the purpose of seeking to use the Services. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the App (or any data associated therewith) with any third party. You agree that: (i) use of the App on Your Device requires an active data plan with a wireless carrier associated with Your Device, which data plan will be provided by you at your own expense; and (ii) use of the App on Your Device as an interface with the Services may consume very large amounts of data through the data plan. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.
7.2 Downloading Mobile App. You may access the Mobile App which can be downloaded from an applications store or applications distribution Services, such as the Apple Mobile App Store or Google Play, (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms & Conditions are entered into between us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms & Conditions; (v) the Mobile App Provider and its subsidiaries are third party beneficiaries of these Terms & Conditions as it relates to your license of the Mobile App, and that, upon your acceptance of these Terms & Conditions, the Mobile App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions as related to your license of the Mobile App against you as a third party beneficiary thereof; and (vi) you must also comply with all applicable third party terms of service when using the Services.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights. You will comply with any applicable third-party terms, when using any App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this section of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this section of these Terms against you as a third-party beneficiary of these Terms.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If We provide a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
9. In-App Purchases. Through the Services, all of your purchases while using the App are done through either the Apple store or the Google Play service and you are agreeing to their respective Terms and Conditions. We do not store any credit card and/or financial information on our servers. (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html). MLodi is not a party to any In App Purchase. All purchases made by users in the App are processed by third party provider Stripe or Paypal as outlined in Our Privacy Policy.
10. Apple Device and Application Terms. In the event you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an “Application”), the following shall apply:
a. Both you and MLodi acknowledge that these Terms of Use are concluded between you and MLodi only, and not with Apple, and that Apple is not responsible for the Application or the Content;
b. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services;
c. You will only use the Application in connection with an Apple device that you own or control;
d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
f. You acknowledge and agree that MLodi, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
g. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, MLodi, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
h. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
i. Both you and MLodi acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of Agreement which may affect or be affected by such use; and
j. Both you and MLodi acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third-party beneficiary hereof.
11. Third-Party Software. The software you download in connection with any App consists of a package of components, including certain third-party software provided under separate license terms. Your use of the third-party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party terms and nothing in these Terms is intended to impose further restrictions on your use of the third-party software.
12. Purchases.
Paid Applications
Payment for purchases made by you using the App may be through a third party mobile platform provider (e.g., Apple or Google). European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and purchase a Service from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase.
You may uninstall Services paid applications at any time at your discretion. All purchases of paid applications are non-refundable.
13. Automatic Renewal
Paid subscriptions to the Services are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until cancelled by you in accordance with the Cancellation section of this Agreement.
The Services allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the "Services Functions"). The Services Functions are provided by MLodi and third party suppliers who offer content and/or services in conjunction with or through the Services (the "Third Party Partners"). Services Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither MLodi, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Services.
(A). Third-Party Services and Content. The Services may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing the Services that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. The Services may provide access or links to Third Party Partner websites or resources. MLodi has no control over such websites and resources, and you acknowledge and agree that MLodi is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that MLodi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. MLodi will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
(B). Access to Third-Party Services and Content through Services All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through an Services, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an Services you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will MLodi be liable in any way for any Content created by or originating with entities other than MLodi, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an Services.
The Services, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Services and any information you download or offer to share by means of the Services, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that MLodi shall not be liable for any unauthorized access to your mobile device or the app data thereon.
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Services. We may use this information in accordance with the Privacy Policy located here.
Additionally, if you choose to provide app store reviews or reviews via any social media channel, or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. If you prefer that we do not use your app reviews for promotional purposes, you will be able to elect for us not to do so by submitting your request to: contact@mlodi.com (please include your name, mailing address, and email address). For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.
Some of the Products we offer are for one-time use only, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.
It's your sole responsibility to manage your purchases. If you are under 21 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.
MLodi does not transmit any funds and is not a money-Services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate terms of use.
Third parties including rehabilitation facilities and rehabilitation counselors may offer Services on the Services and charge fees to Users for those Services. Users agree that third parties, not the Company are solely responsible to settle all disputes and pay all claims, costs and damages to them and that Company has no liability whatsoever with regard to any type of dispute, issue or claim of damages caused by a third party related to the sale of any type of goods, services or product sold or advertised by a third party on the Services.
From time to time, this Website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Website, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Website.
If any term in this Terms of Service is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Service will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Service.
20. Text Messaging
MLodi may send you recurring, automatic “Text Messages” to the phone number you provided when you registered to use the Services. Your consent to receive Text Messages is not a condition of using the App or Services, and you can cancel this service at any time. You will receive these Text Messages if you provide your consent when you provide MLodi with your phone number when signing up for or registering to use the App or Services. Once your consent is provided, MLodi will send informational Text Messages, until you opt out. See below for details on how to opt out.
In addition, if you provide further consent (for example, by checking the opt-in checkbox), you will receive Text Messages from MLodi on behalf of MLodi and /or other organizations MLodi that MLodi believes may be of interest to you.
You may receive Text Messages even if your phone number is on a corporate, state, or national Do Not Call list or registry. You understand that you are not required to provide such further consent to receive Text Messages as a condition of using the Site, and you can opt-out of receiving Text Messages at any time by texting STOP. For Help, text HELP or contact us at: https://mlodi.com/contact.
Message and data rates may apply. Neither MLodi nor the participating carriers guarantee that Text Messages will be delivered.
21. Your Compliance with Texting/SMS Laws
You represent, warrant, and agree that: (i) you or your business shall not send text messages to anyone who uses the App on their mobile devices without their explicit written consent; (ii) You or your business shall obtain written consent from anyone who uses the App either (a) by anyone who uses the site texting a keyword from their mobile device to join an SMS database; (b) anyone who uses the App filling out a paper form or You or your business sending an online form to anyone who uses the site which explicitly states that they are subscribing to receive text messages from you once they provide their phone number.
(c) As anyone who uses the App opt in to SMS marketing campaigns created by You or your business, your business shall send clear, conspicuous disclosure of the text messages to them that they will receive.
(d) You or your business shall send instructions to anyone who uses the site on how to opt out from receiving messages (STOP instructions), as well as how they can get help information (HELP instructions).
(e) Your business is required to have a privacy policy conspicuous disclosed on your business’ website containing a Text/SMS policy.
22. Tracking Communications
In order to ensure appropriate charging of Fees and to enforce these Terms, We may track the occurrence of communications between users that occur off of the Services via email, phone call, SMS text message, third-party websites, or any other means.
If text messages are sent between users using the telephone number you provided to MLodi when registering for the Services, we may use a third-party Service Pro to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. As part of this process, We will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.
23. The Content of Others
Much of the content (“content”) on our Services is produced by users and other third parties (“third party content”) and may contain content or materials (“materials”) from publishers or other Users. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although MLodi reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Users and third parties, including information providers, or any other users of the Website, are those of the respective author(s) or distributor(s) and not of MLodi.
You are responsible for your use of the website and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. As such, you should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the website or Services or obtained by you through the website or Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the website or Services or endorse any opinions expressed via the website or Services. You understand that by using the website or Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the website or Services, and we cannot take responsibility for such Content.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as described in our Copyright policy.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms.
You may be able to post User Content. You must not post any User Content that is threatening, abusive, unlawful, misleading, fraudulent, discriminatory, libelous, defamatory, obscene or otherwise objectionable, or that contains ethnic, sexual, racial or other discriminating slurs. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, solicitations, advertisements, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing state, government or federal identification information or numbers (whether your own or of another person), such as national identification number, social security number, passport number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information could possibly cause identity theft. The Company may remove any such identification information, but we are under no obligation to do so and have no responsibility and disclaim all liability or damages for any user posting of such identification information.
The Company reserves the right to disclose all User Content and other relevant or related information, and the circumstances surrounding their transmission, to any third party in connection with operating the Website; to protect itself, its affiliates, its partners and its users or visitors; and to comply with legal obligations or governmental requests. What this means is that we may honor law enforcement or court-mandated requests such as subpoenas or search warrants to reveal a user’s electronic address and identity, or other properly requested information.
Although we have no obligation to do so, we may monitor User Content, and reserve the right to
delete any User Content or portion thereof that, at the Company’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific area of the Website on which it is posted, or that is an advertisement or other commercial message, or that the Company determines at its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, we encourage you to report the content or conduct to us so that we may have the opportunity to consider whether to remove the content or not. Just so there is no ambiguity in these terms and conditions, the Company does not have any obligation to remove any User Content, and whether User Content is deemed to be inappropriate or violates any of the Company’s policies will always remain within the sole discretion of the Company.
Please take note of the following: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or
speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of
material that the provider or user considers to be obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable, whether or
not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others
the technical means to restrict access to material described in paragraph (A).
24. License to User Content and Feedback
You retain your rights to any Content you submit, post or display on or through the website or Services. What’s yours is yours — you own your Content (and your photos and videos are part of the Content).
By submitting, posting or displaying Content on or through the Website or Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for MLodi to provide, promote, and improve the Website or Services and to make Content submitted to or through the Website or Services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by MLodi, or other companies, organizations or individuals, may be made with no compensation paid to you, or to any of your relatives, spouses, or your heirs with respect to the Content that you submit, post, transmit or otherwise make available through the Website or Services.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
Only to the extent as permitted by law, if you post content or submit material to the Company,
including photographs or material, you grant Us a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable right and license to use, sell, make, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Company’s website or its publisher partners, maintaining the Company website, and promoting the Company without restriction. You further grant to the Company, its affiliates, and sublicensees the right to use your user name and/or trademarks and logos in connection with any such User Content or the Company’s marketing materials or content that we might publish or display on the Website.
As a user of the Website or Services, you re
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