Version 1.2 - Last Updated on October 11, 2011
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. USE OF THIS SITE CONSTITUES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
- Acceptance of Terms. These Terms of Service (“TOS”) constitute an agreement between you and MondoTag
- MondoTag may modify these TOS from time to time. When changes are made MondoTag will notify you by making the revised version available at http://www.mondotag.com/Terms.php and will indicate at the top of the page the date the revisions were last made. You agree to periodically review the most up to date version as revised versions are binding on you. Any modification will be effective upon MondoTag posting new Terms of Service. If you do not agree with any modifications to the TOS discontinue your use of the website. By continuing to use the MondoTag website you agree to abide by and be bound by any such modifications.
- Description of Service. MondoTag provides users with access to resources offered through the MondoTag website including but not limited to the MondoPlayer, the MondoPlayer Facebook app, general content, personalized content, media management, wiki pages, forums and email encryption and decryption using MondoSecure (collectively “the Services”). You understand and agree that the Services may include advertisements and that these advertisements are necessary for MondoTag to provide the Services. Unless explicitly stated otherwise, any new features that are added to the current Service shall be governed by the TOS. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as communication or connectivity charges). You are responsible for those fees, including all fees associated with the display or delivery of advertisements. You must provide all equipment necessary to access the services and you are responsible for that equipment.
Please be aware that adult or mature content may be provided on the Services. You must be at least 18 years of age to access and view this content. This website is not intended for children under 13. If you are under 13 years of age, please do not use this website.
- MondoTag Account. In order to access some features of the Website, you will have to create a MondoTag account. You will select (or we may assign to you) a Screen Name that will be identified with your account. We reserve the right to delete any Screen Name which we deem to be vulgar or sexually explicit. You will also select a password to access your account. When creating your account you must provide accurate and complete information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. Only you may use your account. You must notify MondoTag immediately of any unauthorized use of your password or account or any other breach of security. You must ensure that you exit from your account at the end of each session. MondoTag will not be liable for your losses caused by unauthorized use of your account. You may be liable for the losses of MondoTag or others due to such unauthorized use.
- Conduct of Users. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted are the sole responsibility of the person from whom such Content originated. You are responsible for all Content you upload, link to, post, email, transmit or make available via the Service. MondoTag does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of such Content. By using the Service you understand that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable. You agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against MondoTag with respect to the Content and agree to indemnify and hold MondoTag harmless to the fullest extent allowed by law regarding all matters related to your use of the website and the Services. You agree not to upload a vulgar or sexually explicit avatar for use on the website and you agree that MondoTag has the sole right to delete any such avatar.
You agree not to use the Services to:
- post, link to, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethically or otherwise objectionable;
- solicit personal information from minors or to harm or threaten to harm minors in any way;
- impersonate any person or entity, including but not limited to a MondoTag representative or forum leader or falsely state or otherwise misrepresent your affiliation with a person or entity;
- do anything to disguise the origin of any Content transmitted through the Services;
- post, link to, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- post, link to, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual obligation such as proprietary or confidential information;
- post, link to, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- post, link to, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail", “spam”, “chain letters”, “pyramid scheme”, or any other form of solicitation, except in those those areas designated for such purpose;
- interfere with or disrupt the Services or servers or networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- provide material support or resources (or to conceal or disguise the nature, location, source, ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization;
- stalk, threaten, harass or advocate the harassment an individual;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this section.
- No Duty to Monitor Content. You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
- No Duty to Monitor Rating of Content. We offer a ratings service which allows users to voluntarily rate Content to indicate the suitability of Content for different audiences. We can not guarantee that Content will be rated or that the rating will be accurate. We do not pre-screen the ratings given by Users. We have the right to edit ratings but we are not responsible for any failure or delay in respect to the rating of Content.
- Adult Content. You may publish a Media List with Adult content but such content must be rated as Adult. We may remove Media Lists that contain Adult content if it is not rated as Adult. Content rated as Adult will not be displayed in search results and will not be linked to pages on the MondoTag website. If you wish to share this content you may record the URL. MondoTag reserves the right to remove Adult Content for any reason.
- Disclosing Account Information and Content. You agree that MondoTag may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: comply with legal process, enforce the TOS, respond to claims that any Content violates the rights of third parties, respond to your requests for Customer Service or protect the rights, property or personal safety of MondoTag, its users and the public.
- Account Termination. MondoTag reserves the right to terminate a User’s access to the website and the Services and to remove Content without prior notice and at its sole discretion.
- Third Party Sites and Advertisers. MondoTag may allow you to access third party websites (“Third Party Sites”) as a result of links or advertsements. Your access to and use of any Third Party Sites, including any goods, services, information or content made available from such sites is governed by the terms and conditions found at each Third Party Site. Third Party Sites are not owned or operated by MondoTag. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. MONDOTAG MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, INDEMNITIES, OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABLILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
- Use of Software. We may make software available for you to download or use with the Service. Such software is subject to the terms of the license agreement that accompanies it. If no license agreement is presented to you when the software is downloaded it can be viewed at http://www.mondotag.com/License.php, MondoTag grants you the right to use the software only in conjunction with the Services. MondoTag may automatically check your version of the software and automatically download upgrades to the software to your computer, to update and enhance the Services.
- Support Services. You are using the Software and the Services AT YOUR OWN RISK and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software or the Services but we reserve the right to do so at our sole discretion.
- Content Submitted or Made Available on the Service. Certain areas of the Website allow you to submit Content or make it available to be accessed and viewed by others. MondoTag does not claim ownership of any Content that you submit or make available. However, by submitting Content to publicly accessible areas of the Website you grant MondoTag the right to use, copy, display, distribute, perform, adapt and promote this Content in any medium.
- User Contributions to MondoTag. If you submit ideas, images, suggestions, documents, proposals, comments, feedback, bug reports (“User Contributions”) to MondoTag you agree that there is no confidential relationship between you and MondoTag with respect to those User Contributions and that MondoTag has no obligation to you of any kind in connection with the User Contributions. You expressly disclaim and waive all rights to such User Contributions. You represent that you are free to disclose such information and are under no obligation of confidentiality to any other party whether express or implied with respect to the User Contributions. MondoTag shall be entitled to reproduce, use, disclose and distribute User Contributions to others without limitation. MondoTag shall be free to use any User Contributions for any purpose without any compensation to you.
- No Spam. You may not use the Services or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications, including emails and instant messages. You may not harvest information about our users for the purpose of sending, or to facilitate the sending of unsolicited bulk communications. You may not induce or allow others to use the Services to violate the terms of this section. We may terminate your access or use of the Services immediately and take any other legal action if you, or anyone using your access to the Services, violates these provisions. We may use any technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining in our computer or communications networks.
- Limitations on Use of Service. You acknowledge that MondoTag may establish limits concerning use of the Services, including but not limited to the maximum number of emails that may be sent or received by an account using MondoSecure. You agree that MondoTag has no responsibility or liability for the deletion or failure to store communications and content maintained or transmitted by the Services. MondoTag has the right to log off or remove accounts that are inactive for extended periods. MondoTag also has the right to modify these limitations.
- Modifications to Service. MondoTag reserves the right to modify, suspend or discontinue the Services (or any part of the Services) with or without notice. MondoTag shall not be liable to you or any third party for any modification, suspension or discontinuation of the Services.
- No Resale of the Services. You may not resell, reproduce, duplicate, sell, or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
- International Use. We make no representation that the Content on MondoTag is appropriate or available for use in locations outside the United States or Canada, and accessing it from locations where Content is illegal is prohibited. If you choose to access MondoTag from a location outside the United States or Canada, you agree to comply with all local rules regarding online content and acceptable Content.
- Procedure for Notification of Copyright Infringement. Notices of claimed copyright infringement may be reported by clicking on Report Improper Content on the wiki page of the Media List containing the content you wish to report or by regular mail to:
Attn: Copyright Infringement Notices
465 – 1755 Robson Street
Vancouver, British Columbia, Canada V6G 3B7
A notification of claimed infringement related to the Services must be submitted in writing and must include the following:
- A physical or electronic signature of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a list of each copyrighted work at that site and information on the countries to which copyright applies;
- Information related to the work reasonably sufficient for MondoTag to locate the work including the names of all Media Lists on the MondoTag site in which the work appears;
- Information reasonably sufficient to permit MondoTag to contact you, such as a complete name and address, phone number and email address;
- A statement that you have a good faith belief that use of the works in the matter complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- NO WARRANTY. YOUR USE OF THE WEBSITE AND THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MONDOTAG, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE SERVICES AND YOUR USE THEREOF. MONDOTAG MAKES NO WARRANTIES OR REPRESENTTIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE AND THE SERVICES (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, LINKED TO OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE AND/OR (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MONDOTAG WEBSITE OR THE SERVICES BY ANY THIRD PARTY. MONDOTAG DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARY THROUGH THE WEBSITE AND THE SERVICES OR ANY HPERLINKED WEBSITE, AND MONDOTAG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARY PROVIDERS OF PRODUCTS OR THE SERVICES SO YOU SHOULD USE YOUR BEST JUDGMENT AND BE CAUTIOUS. The provisions of this section shall survive the termination of this Agreement.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL MONDOTAG, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY, DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE MONDOTAG WEBSITE AND THE SERVICES BY ANY THRID PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, LINKED TO OR OTHERWISE MADE AVAIALBLE THROUGH THE MONDOTAG WEBSITE AND THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE FOREGOING LIMITATION OF LIAIBLITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR SOLE AND EXCLUSIVE REMEDY IN THE CASE OF DISSATISFACTION WITH THE WEBSITE OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE AND SERVICES. YOU AKNOWLEDGE THAT MONDOTAG SHALL NOT BE LIABLE FOR CONTENT SUBMITTED BY USERS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARY AND THAT THE RISK OF HARM OR DAMAGE FROM USER SUBMITTED CONTENT RESTS ENTIRELY WITH YOU. The provisions of this section shall survive the termination of this Agreement.
- Indemnity. The MondoTag website is intended for use only with properly licensed media, content and content creation tools. It is your responsibility to determine whether any property or privacy right applies and whether, copyright, patent or other licenses are necessary and to obtain any such licenses to link to, serve and/or create such media and content. You agree to link to and play back only those materials for which you have the necessary permissions, licenses or clearances. You agree to defend, indemnify and hold harmless MondoTag, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or relating to any claims that you have (a) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by MondoTag) in connection with the Software in violation of another party’s rights or in violation of any law, or (b) violated the terms of the Terms of Service. This defense and indemnification obligation survives the termination of this Agreement but this shall not imply or create any continued right to use the Software or the MondoTag website after termination of this Agreement.
- Assignment. This Agreement is personal and may not be assigned by you. MondoTag may assign this Agreement without restriction.
- Ability to Accept Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal, parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS. In any case, you affirm that you are over the age of 13, as this website is not intended for children under 13. If you are under 13 years of age, please do not use the website.