Terms of Service and Use
THIS IS A
LEGAL AGREEMENT BETWEEN YOU AND MONDO POWER, INC., (“MONDO”) STATING THE TERMS THAT GOVERN YOUR USE OF THE
“SITE” (DEFINED AS WWW.MondoDesigner.COM, AND ALL ASSOICATED SITES AND SERVICES LINKED,
NETWORKED, OR ASSOCIATED WITH AND TO WWW.MondoDesigner.COM BY MONDO,
ITS SUBSIDIARIES AND AFFILIATES, AND SITES AROUND THE WORLD) AND THE “SERVICES” (DEFINED AS
MondoDesigner.COM (“THE SITE”), AND ALL SERVICES AND PRODUCTS PROVIDED BY OR
THROUGH MondoDesigner.COM, AND/OR MONDO, ITS SUBSIDIEARIES,
AFFILIATES, AND/OR THE SITE THAT, AMONG OTHER THINGS, PERMIT YOU TO PURCHASE
DIGITAL AND NON-DIGITAL CONTENT—UNDER CERTAIN TERMS AND CONDITIONS AS SET FORTH
IN THIS AGREEMENT).
THIS
AGREEMENT—TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND
ALL OF MONDO RULES AND POLICIES—COLLECTIVELY CONSTITUTE THE “AGREEMENT”
BETWEEN YOU AND MONDO TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU
DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE.
YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES,
ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND MONDO MAY REFUSE ACCESS TO MONDO AND
ITS RELATED SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS
AGREEMENT.
1.
Age requirements for use of the Service.
This Service
is available for individuals aged 13 years or older. If you are 13 or older
but under the age of 18, you must review these terms and conditions with your
parent or guardian and do hereby acknowledge that your parent or guardian
has read, understands and has agreed to these terms and conditions on your
behalf and has provided you with their parental or guardian consent to use this
Service and that you also agree to its terms and conditions and stated herein
(including all related documents incorporated into this Agreement as stated
herein).
2. Ownership of the
Site.
a. The Site is the
Property of Mondo and its licensors.
b. Except as
expressly provided in these Terms of Service and Use, no part of the Site and
no “Content” (defined as anything contained on the Site) may be copied,
reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”) to
any other computer, server, Web site or other medium for publication or
distribution or for any commercial enterprise, without Mondo’
express prior written consent.
c. You may use
information on Mondo products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available by Mondo for
downloading from the Site, provided that you (1) not remove any proprietary
notice language in all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) not make any additional
representations or warranties relating to such documents.
3. Use of the
Site
a. You may not use any
“deep-link”, “page-scrape”, “robot”, “spider” or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the Site or any Content, or
in any way reproduce or circumvent the navigational structure or presentation
of the Site or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Site. Mondo reserves the right to bar any such
activity.
b. You may not attempt to
gain unauthorized access to any portion or feature of the Site, or any other
systems or networks connected to the Site or to any Mondo
server, or to any of the services
offered on or through the Site, by hacking, password “mining” or any other
illegitimate means.
c. You may not probe, scan
or test the vulnerability of the Site or any network connected to the Site, nor
breach the security or authentication measures on the Site or any network
connected to the Site. You may not reverse look-up, trace or seek to trace any
information on any other user of or visitor to the Site, or any other customer
of Mondo , including any Mondo
account not owned by you, to its source,
or exploit the Site or any service or information made available or offered by
or through the Site, in any way where the purpose is to reveal any information,
including but not limited to personal identification or information, other than
your own information, as provided for by the Site.
d. You agree that you will
not take any action that imposes an unreasonable or disproportionately large
load on the infrastructure of the Site or Mondo’ systems or networks, or any systems or
networks connected to the Site or to Mondo .
e. You agree not to use any
device, software or routine to interfere or attempt to interfere with the
proper working of the Site or any transaction being conducted on the Site, or
with any other person’s use of the Site.
f.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal you send to Mondo on or through
the Site or any service offered on or through the Site. You may not pretend
that you are, or that you represent, someone else, or impersonate any other
individual or entity.
g. You may not use the Site
or any Content for any purpose that is unlawful or prohibited by these Terms of
Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of Mondo or others.
4.
Objectionable Material. You understand that by using the Service, you may
encounter content that may be deemed offensive, indecent, or objectionable,
which content may or may not be identified as having explicit language.
Nevertheless, you agree to use the Service at your sole risk and that Mondo shall
have no liability to you for content that may be found to be offensive,
indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and
descriptions are provided for convenience, and you acknowledge and agree that Mondo does
not guarantee their accuracy.
5. System
Requirements. Use of the Service requires a compatible device, Internet
access (fees may apply), and certain software (fees may apply), and may require
obtaining updates or upgrades from time to time. Because use of the Service
involves hardware, software, and Internet access, your ability to use the
Service may be affected by the performance of these factors. High speed
Internet access is strongly recommended. You acknowledge and agree that
such system requirements, which may be changed from time to time, are your
responsibility. The Service is not part of any other product or offering, and
no purchase or obtaining of any other product shall be construed to represent
or guarantee you access to the Service.
6. Policies
and Rules.
Your use of the Service and purchases made through it are subject to these
Terms of Service and Use and Use, and any end-user agreements or other terms
and conditions required for use of the Service, all of which are hereby made a
part of this Agreement.
7. Mondo Privacy Policy. Except as
otherwise expressly provided for in this Agreement, the Service is subject to Mondo’ Privacy Policy at the following URL address: http://www.MondoDesigner.com/privacy.cfm
which is expressly made a part of this Agreement. If you have not already read Mondo’ Privacy
Policy, you should do so now.
8.
Registration Information. You agree to provide accurate, current, and complete
information required to register with the Service and at other points as may be
required in the course of using the Service ("Registration Data").
You further agree to maintain and update your Registration Data as required to
keep it accurate, current, and complete. Mondo may terminate your rights to any or all of the
Service if any information you provide is false, inaccurate or incomplete. You
agree that Mondo may store and use
the Registration Data you provide (including credit card information) for use
in maintaining your accounts and billing fees to your credit card.
9. User
Account and Security.
a. Account
and Password. As a registered user of the Service, you may receive or
establish an account (“Account”). You are solely responsible for maintaining
the confidentiality and security of your Account. You should not reveal your
Account information to anyone else or use anyone else’s Account. You are
entirely responsible for all activities that occur on or through your Account,
and you agree to immediately notify Mondo of any unauthorized use of your Account or any
other breach of security. Mondo shall not be responsible for any losses
arising out of the unauthorized use of your Account.
b.
Security.
You understand that the Service, and products purchased through the Service,
such as sound recordings and related artwork (“Products”), include a security
framework using technology that protects digital information and limits your
usage of Products to certain usage rules established by Mondo and its licensors (“Usage Rules”). You agree
to comply with such Usage Rules, as further outlined below, and you agree not
to violate or attempt to violate any security components. You agree not to
attempt to, or assist another person to, circumvent, reverse-engineer,
decompile, disassemble, or otherwise tamper with any of the security components
related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled
and monitored by Mondo for
compliance purposes, and Mondo reserves the right to enforce the Usage Rules
with or without notice to you. You will not access the Service by any means
other than through software that is provided by Mondo for accessing the Service. You shall not
access or attempt to access an Account that you are not authorized to access.
You agree not to modify the software in any manner or form, or to use modified
versions of the software, for any purposes including obtaining unauthorized
access to the Service. Violations of system or network security may result in
civil or criminal liability.
10.
Purchase of Mondo Content
a. Products
Requirements. You acknowledge that use of Products may require the use of
other hardware and software products (e.g., the ability to make copies of
Products on physical media and render performance of Products on authorized
digital player devices), and that such hardware and software is your
responsibility. Once a Product is purchased and you receive the Product, it is
your responsibility not to lose, destroy, or damage the Product, and Mondo shall be without liability to you in the event of any
loss, destruction, or damage.
b. Use of
Products.
You acknowledge that Products contain security technology that limits your
usage of Products to the following Usage Rules, and you agree to use Products
in compliance with such Usage Rules.
11.
Usage Rules.
a. Your use of the
Products is conditioned upon your prior acceptance of and compliance the terms
of this Agreement.
b. You shall be authorized
to use the Products only for your personal, noncommercial use.
c. You shall be entitled
to export, burn or copy Products solely for your personal, noncommercial
use.
d. Any burning or
exporting capabilities are solely an accommodation to you and shall not
constitute a grant or waiver (or other limitation or implication) of any rights
of the copyright owners in any content, sound recording, underlying musical
composition, or artwork embodied in any Product.
e. You agree that
you will not attempt to, or encourage or assist any other person to, circumvent
or modify any security technology or software that is part of the Service or
used to administer the Usage Rules.
f. The delivery of
Products does not transfer to you any commercial or promotional use rights in
the Products.
g. You agree that
your purchase of Products constitutes your acceptance of and agreement to use
such Products solely in accordance with the Usage Rules, and that any other use
of the Products (including illegal file sharing) may constitute a copyright
infringement. The security technology is an inseparable part of the Products.
The Usage Rules shall govern your rights with respect to the Products, in
addition to any other terms or rules that may have been established between you
and another party. Mondo reserves the right to modify the Usage Rules
at any time.
h. You acknowledge that
some aspects of the Service, Products, and administering of the Usage Rules
entails the ongoing involvement of Mondo . Accordingly, in the
event that Mondo changes any part of the Service or
discontinues the Service, which Mondo may do at its election,
you acknowledge that you may no longer be able to use Products to the same
extent as prior to such change or discontinuation, and that Mondo shall have no liability
to you in such case
i. The Service may offer interactive features that allow you
to, among other things, submit or post information, materials or links to third
party content on areas of the Service accessible and viewable by other users of
the Service and the public. You represent and agree that any use by you of such
features, including any information, materials or links submitted or posted by
you, shall be your sole responsibility, shall not infringe or violate the
rights of any other party or violate any laws, contribute to or encourage
infringing or otherwise unlawful conduct, or otherwise be obscene,
objectionable or in poor taste, and that you have obtained all necessary
rights, licenses or clearances. You further agree to provide accurate and
complete information in connection with your submission or posting of any
information or materials on the Service. Moreover, you hereby grant Mondo a
worldwide, royalty-free, non-exclusive license to use such materials as part of
the Service, and in relation to Products, without any compensation or
obligation to you.
j. Mondo reserves the right not to post or publish any
materials, and to delete, remove or edit any material, at any time in its sole
discretion without notice or liability. Mondo has the right, but not
the obligation, to monitor any information and materials submitted or posted by
you or otherwise available on the Service, to investigate any reported or
apparent violation of this Agreement, and to take any action that Mondo in its sole discretion deems appropriate,
including, without limitation, under Section 14 below or under our Intellectual
Property Policy as delineated in Section 15 below.
13.
Agreement to Pay.
a.
Payment for Products. You agree to pay for all Products you purchase through
the Service, and that Mondo may charge your credit card for any Products
purchased, and for any additional amounts (including any taxes and late fees,
as applicable) as may be accrued by or in connection with your Account. YOU ARE
RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MONDO WITH
A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the
credit card you designate during the registration process. If you want to
designate a different credit card or if there is a change in your credit card
status, you must change your credit card information online at the Account Info
section of the Service. (There may be a temporary disruption of your access to
the Service until Mondo can
verify the validity of the new credit card information.)
b.
Right to Change Prices and Availability of Products. Prices and
availability of any Products are subject to change at any time.
c.
Electronic Signatures and Contracts. Your use of the Service includes the ability
to enter into agreements and/or to make purchases electronically. YOU
ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND
INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR
AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL
RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO WITH REGARD TO THE SERVICE,
INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND
APPLICATIONS.
d. In order to access and
retain your electronic records, you may be required to have certain hardware
and software, which are your sole responsibility.
14.
Delivery of Products. On occasion, technical problems may delay or prevent delivery
of your Product. Your exclusive and sole remedy with respect to Product that is
not delivered within a reasonable period will be either replacement of such
Product, or refund of the purchase price paid for such Product, as determined
by Mondo .
15.
Intellectual Property.
a.
Acknowledgement of Ownership. You agree that the Service, including but not
limited to graphics, audio clips, and editorial content, contains proprietary
information and material that is owned by Mondo and/or its licensors, and is protected by
applicable intellectual property and other laws, including but not limited to
copyright, and that you will not use such proprietary information or materials
in any way whatsoever except for use of the Service in compliance with the
terms of this Agreement. No portion of the Service may be reproduced in any
form or by any means. You agree not to modify, rent, lease, loan, sell,
distribute, or create derivative works based on the Service, in any manner, and
you shall not exploit the Service in any unauthorized way whatsoever, including
but not limited to, by trespass or burdening network capacity.
b. Removal
of Mondo Content or Other Materials. Notwithstanding any
other provision of this Agreement, Mondo and its licensors reserve the right to change,
suspend, remove, or disable access to any Products, content, or other materials
comprising a part of the Service at any time without notice. In no event will Mondo be liable for the removal of or disabling of
access to any such Products, content or materials under this Agreement. Mondo may
also impose limits on the use of or access to certain features or portions of
the Service, in any case and without notice or liability.
c.
Copyrights. All copyrights in and to the Service, including but not limited
to, the Mondo Music Community
(including the compilation of content, postings, links to other Internet
resources, and descriptions of those resources), and software, are owned by Mondo and/or its licensors. THE USE OF THE SOFTWARE
OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE
TERMS OF SERVICE AND USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND
CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT
INFRINGEMENT.
d.
Trademarks. Mondo , the Mondo logo, and other Mondo trademarks, service marks, graphics, and logos
used in connection with the Service are trademarks or registered trademarks of Mondo, LC. in the
16.
Violation of These Terms of Service and Use Mondo may disclose any information we have about you
(including your identity) if we determine that such disclosure is necessary in
connection with any investigation or complaint regarding your use of the Site,
or to identify, contact or bring legal action against someone who may be
causing injury to or interference with (either intentionally or
unintentionally) Mondo’ rights or property, or the rights or property
of visitors to or users of the Site, including Mondo’
customers. Mondo
reserves the right at all times to disclose
any information that Mondo deems necessary to comply with any applicable
law, regulation, legal process or governmental request. Mondo
also may disclose your information when Mondo determines that applicable law requires or
permits such disclosure, including exchanging information with other companies
and organizations for fraud protection purposes. You acknowledge and agree
that Mondo may
preserve any transmittal or communication by you with Mondo
through the Site or any service offered
on or through the Site, and may also disclose such data if required to do so by
law or Mondo determines that such preservation or
disclosure is reasonably necessary to (1) comply with legal process, (2)
enforce these Terms of Use, (3) respond to claims that any such data violates
the rights of others, or (4) protect the rights, property or personal safety of
Mondo , its employees, users of or visitors to the
Site, and the public.
17.
Termination.
a.
Termination by Mondo . If you fail, or Mondo suspects that you have failed, to comply with
any of the provisions of this Agreement, including but not limited to failure
to make payment of fees due, failure to provide Mondo with a valid credit card or with accurate and
complete Registration Data, failure to safeguard your Account information,
violation of the Usage Rules or any license to the software, or infringement or
other violation of third parties’ rights, Mondo , at its sole
discretion, without notice to you may: (i) terminate
this Agreement and/or your Account, and you will remain liable for all amounts
due under your Account up to and including the date of termination; and/or (ii)
terminate the license to the software; and/or (iii) preclude access to the
Service (or any part thereof).
b.
Termination of the Service. Mondo reserves the right
to modify, suspend, or discontinue the Service (or any part or content thereof)
at any time with or without notice to you, and Mondo will not be liable to you or to any third
party should it exercise such rights. You further agree that Mondo
may, in its sole discretion and without
prior notice, terminate your access to the Site and/or block your future access
to the Site if we determine that you have violated these Terms of Use or other
agreements or guidelines which may be associated with your use of the Site. You
also agree that any violation by you of these Terms of Use will constitute an
unlawful and unfair business practice, and will cause irreparable harm to Mondo , for which monetary damages would be inadequate, and
you consent to Mondo obtaining any injunctive or equitable relief
that Mondo deems
necessary or appropriate in such circumstances. These remedies are in addition
to any other remedies Mondo may have at law or in equity.
You agree that Mondo may, in its
sole discretion and without prior notice, terminate your access to the Site,
for cause, which includes (but is not limited to) (1) requests by law
enforcement or other government agencies, (2) a request by you (self-initiated
account deletions), (3) discontinuance or material modification of the Site or
any service offered on or through the Site, or (4) unexpected technical issues
or problems. If Mondo does take any legal action against you as a
result of your violation of these Terms of Use, Mondo
will be entitled to recover from you,
and you agree to pay, all reasonable attorneys’ fees and costs of such action,
in addition to any other relief granted to Mondo .
You agree that Mondo will not be liable to you or to
any third party for termination of your access to the Site as a result of any
violation of these Terms of Use.
18. General
Compliance with Laws. The Service is controlled and operated by Mondo from its offices in the
19.
Enforcement of These Terms. Mondo reserves the right to
takes steps Mondo believes are
reasonably necessary or appropriate to enforce and/or verify compliance with
any part of this Agreement (including but not limited to Mondo’ right to cooperate with any legal process
relating to your use of the Service and/or Products, and/or a third party claim
that your use of the Service and/or Products is unlawful and/or infringes such
third party’s rights). You agree that Mondo has the right, without liability to you, to
disclose any Registration Data and/or Account information to law enforcement
authorities, government officials, and/or a third party, as Mondo believes is reasonably necessary or
appropriate to enforce and/or verify compliance with any part of this Agreement
(including but not limited to Mondo’ right to cooperate with any legal process
relating to your use of the Service and/or Products, and/or a third party claim
that your use of the Service and/or Products is unlawful and/or infringes such
third party’s rights).
20. No
Responsibility for Third-Party Materials or Web sites. Certain content,
Products, and services available via the Service may include materials from
third parties. In addition, Mondo may provide links to
certain third party Web sites. You acknowledge and agree that Mondo is not responsible for examining or evaluating the
content or accuracy of any such third-party material or Web sites. Mondo does not warrant or endorse and does not
assume and will not have any liability or responsibility for any third-party
materials or Web sites, or for any other materials, products, or services of
third parties. Links to other Web sites are provided solely as a convenience to
you. You agree that you will not use any third-party materials in a manner that
would infringe or violate the rights of any other party, and that Mondo is not in any way responsible for any such use
by you.
21.
Disclaimer of Warranties; Liability Limitations.
a. MONDO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT
YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT
FROM TIME TO TIME MONDO MAY
REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY
TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE
THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE
(EXCEPT AS EXPRESSLY STATED BY MONDO ) PROVIDED “AS IS” AND
“AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED
WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL MONDO ,
ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY
OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT
LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF
THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, MONDO’ LIABILITY SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
d. MONDO SHALL USE REASONABLE EFFORTS TO PROTECT
INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU
ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE
RISK, AND MONDO HEREBY DISCLAIMS
ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH
INFORMATION IN ANY WAY.
e. MONDO DOES NOT REPRESENT OR GUARANTEE THAT THE
SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE,
HACKING, OR OTHER SECURITY INTRUSION, AND MONDO DISCLAIMS ANY LIABILITY RELATING THERETO. YOU
SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
f. MONDO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT,
SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC
RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND
“AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE
WITHOUT NOTICE. MONDO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU
DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE
FEATURES. MONDO DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MONDO
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY
THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MONDO SERVICES. YOU
ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR
SOLE REMEDY AGAINST MONDO FOR DISSATISFACTION WITH
THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS
LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
g. The above disclaimer
applies to any damages, liability or injuries caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction
of or unauthorized access to, alteration of, or use, whether for breach of
contract, tort, negligence or any other cause of action.
h. Mondo reserves the right to do any of the following,
at any time, without notice: (1) to modify, suspend or terminate operation of
or access to the Site, or any portion of the Site, for any reason; (2) to
modify or change the Site, or any portion of the Site, and any applicable
policies or terms; and (3) to interrupt the operation of the Site, or any
portion of the Site, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
22.
Limitation of Liability
a. Except where prohibited
by law, in no event will Mondo be liable to you for any indirect,
consequential, exemplary, incidental or punitive damages, including lost
profits, even if Mondo has been advised of the possibility of such
damages.
b. If, notwithstanding the
other provisions of these Terms of Use, Mondo is found to be liable to you for any damage or
loss which arises out of or is in any way connected with your use of the Site
or any Content, Mondo’ liability shall in no event exceed the greater
of (1) the total of any subscription or similar fees with respect to any
service or feature of or on the Site paid in the six months prior to the date
of the initial claim made against Mondo (minus any remuneration received by you), or
(2) US$100.00 (minus any remuneration received by you). Some jurisdictions do
not allow limitations of liability, so the foregoing limitation may not apply
to you.
23.
Waiver and Indemnity YOU AGREE TO INDEMNIFY AND HOLD MONDO
, ITS OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN
INTEREST, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES, HARMLESS FROM ANY
DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), MADE
AGAINST MONDO BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR
IN CONNECTION WITH YOUR USE OF THE SITE. BY USING THE SERVICE, YOU AGREE TO
INDEMNIFY AND HOLD MONDO , ITS DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS
WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR
USE OF THE SERVICE, OR ANY ACTION TAKEN BY MONDO AS PART OF ITS INVESTIGATION OF A SUSPECTED
VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A
VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR
RECOVER ANY DAMAGES FROM MONDO , ITS DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT
OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO
WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY
OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT
OF MONDO ’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS
OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS
DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
24.
Changes.
Mondo reserves the right, at
any time and from time to time, to update, revise, supplement, and otherwise
modify this Agreement and to impose new or additional rules, policies, terms,
or conditions on your use of the Service. Such updates, revisions, supplements,
modifications, and additional rules, policies, terms, and conditions
(collectively referred to in this Agreement as "Additional Terms”) will be
effective immediately and incorporated into this Agreement. Your continued use
of the Mondo Music Community
following will be deemed to constitute your acceptance of any and all such
Additional Terms. All Additional Terms are hereby incorporated into this
Agreement by this reference.
25.
Notices.
Mondo may send you notice with
respect to the Service by sending an email message to the email address listed
in your Mondo Account contact
information, by sending a letter via postal mail to the contact address listed
in your Mondo Account contact
information, or by a posting on the Mondo Music Community. Notices shall become
effective immediately.
26.
Governing Law. The laws of the State of
27.
Miscellaneous
a. These Terms of Service
and Use constitute the entire agreement between you and Mondo and govern your use of the Service,
superseding any prior agreements between you and Mondo . You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content, or third-party software. If any part of these
Terms of Service and Use is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect. Mondo’ failure to enforce any right or provisions in
these Terms of Service and Use will not constitute a waiver of such provision,
or any other provision of these Terms of Service and Use. If any provision of
this Agreement is found by a court of competent jurisdiction to be invalid, the
other provisions will remain in full force and effect. Mondo will not be responsible for failures to
fulfill any obligations due to causes beyond its control.
b. You may not use or export
or re-export any Content or any copy or adaptation of such Content, or any
product or service offered on the Site, in violation of any applicable laws or
regulations, including without limitation
c. If any of the provisions
of these Terms of Use are held by a court or other tribunal of competent
jurisdiction to be void or unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary and replaced with a valid provision
that best embodies the intent of these Terms of Use, so that these Terms of Use
shall remain in full force and effect. These Terms of Use constitute the entire
agreement between you and Mondo with regard to your
use of the Site, and any and all other written or oral agreements or
understandings previously existing between you and Mondo
with respect to such use are hereby superseded and cancelled. Mondo will not accept any counter-offers to these Terms of
Use, and all such offers are hereby categorically rejected. Mondo’
failure to insist on or enforce strict
performance of these Terms of Use shall not be construed as a waiver by Mondo of any
provision or any right it has to enforce these Terms of Use, nor shall any
course of conduct between Mondo and you or any other party be deemed to modify
any provision of these Terms of Use. These Terms of Use shall not be
interpreted or construed to confer any rights or remedies on any third
parties.
d. Mondo provides access to Mondo
international data and, therefore, may
contain references or cross references to Mondo products, programs and services that are not
announced in your country. Such reference does not imply that Mondo in your
country intends to announce such products, programs or services.
28.
Void Where Prohibited. Mondo administers and operates
the www.MondoDesigner.com Site from its location in
29.
Feedback and Information. Any feedback you provide at this site shall be
deemed to be non-confidential. Mondo shall be free to
use such information on an unrestricted basis.
The
information contained in this web site is subject to change without notice.
© Last
updated June 12, 2008. Copyright 2008, Mondo
Power, Inc., SLC, UT 84121 All rights reserved.