Terms of Use
Acceptance of Terms of Use
Mondokio International News, LLC (the “Company”) owns and operates this website,
located at www.mondokio.com (the
“Website”). This Terms of Use Agreement (the “Agreement”) states the terms and
conditions under which you may access and use the Website. By doing so, you
indicate your acceptance to be bound by the terms and conditions of this
Agreement. The Company may revise this Agreement at any time by updating this
posting. Use of the Website after such changes are posted will signify your
agreement to these revised terms. Any
reference to “the Company” shall be deemed to include its officers, directors,
employees, agents, and licensors.
Ownership
All materials whatsoever that are displayed or otherwise accessible through the
Website (the “Content”) are protected under and foreign copyright or other laws, and are
owned by the Company or the original copyright holders. In addition, the Website
is protected under copyright law as a collective work and/or compilation
pursuant to U.S.
and foreign laws. You shall abide by all additional copyright notices,
information and restrictions on or contained in any of the Content. ANY USE
WHATSOEVER OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER
THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE WRITTEN PERMISSION OF
THE COMPANY.
The Website contains copyrighted materials the use of which has not always been
specifically authorized by the copyright owners. The Company is transforming
such materials and making them available in an effort to advance an
understanding of current global issues and the cultural contexts in which they
arise. We believe this constitutes a fair use of any such copyrighted material
as provided for in Section 107 of the U.S. Copyright Law. If you wish to use
copyrighted material from this site for purposes of your own that go beyond fair
use, you must obtain permission from the copyright owner.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL CONTENT IS PROVIDED AS IS. THE COMPANY DISCLAIMS ANY AND ALL
WARRANTIES WHATSOEVER AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE
WEBSITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, THAT (I) THE WEBSITE
AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II)
ANY CONTENT WHATSOEVER WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR
PURPOSE; III) THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE;
(IV) DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (V) THE WEBSITE WILL BE
FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) COMMUNICATIONS TO OR FROM THE
WEBSITE WILL BE SECURE OR NOT INTERCEPTED.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR EITHER
(I) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING
TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE
CAUSE AND WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE OR (II) ANY DAMAGES
UNDER THIS AGREEMENT IN EXCESS OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING
LIMITATION SHALL APPLY EVEN IF THE COMPANY KNEW OF OR OUGHT TO HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT
OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE
WEBSITE (COLLECTIVELY “THIRD-PARTY USER”). UNDER NO CIRCUMSTANCES SHALL THE
COMPANY BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER
FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; OR (II) ANY USE
OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED
AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE.
YOU HEREBY RELEASE THE COMPANY FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO
ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY
PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES
THROUGH THE WEBSITE.
Linking
The Website may contain links to third-party websites. These links are provided
solely as a convenience to you and not as an endorsement by the Company of the
contents of any third-party Websites. The Company is not responsible for the
content of any third-party website, nor does it make any representation or
warranty of any kind whatsoever regarding any third-party website.
While the Company encourages links to the Website, it does not wish to be linked
to or from any third-party website that either (i) contains, posts or transmits
any unlawful, threatening, abusive, defamatory, or obscene information of any
kind whatsoever or (ii) contains, posts or transmits any information, software
or other material that violates or infringes upon the rights of others,
including material that is an invasion of privacy or publicity rights, or that
is protected by copyright, trademark or other proprietary rights. The Company
reserves the right to prohibit or refuse to accept any link to the Website,
including, without limitation, any link that contains or makes available any
content or information of the foregoing nature at any time. You agree to remove
any link you may have to the Website upon the request of the Company.
Software Licenses and Ownership
All software of any kind whatsoever that is embedded in or located on or at the
Website (the “Software”) is protected by copyright and may be protected by other
rights. All Software is owned by the Company, its licensors or the party
accredited with its ownership. You are hereby granted the right to access and
use the Software subject to (i) the terms and conditions of this Agreement, and
(ii) any additional conditions that may be imposed on your access and use of the
Software.
Except to the extent permitted in this Agreement, you may not: (i) use,
reproduce, modify, adapt, translate, upload, download or transmit the Software
in whole or in part; (ii) sell, rent, lease, license, transfer or otherwise
provide access to the Software; (iii) alter, remove or cover any trademarks or
proprietary notices included in the Software; and/or (iv) decompile,
disassemble, decrypt, extract or reverse engineer the Software or assist others
in doing so.
Nothing contained in the Website shall be construed as granting you any right,
title, interest or other license in or to any Software, including but not
limited to any intellectual property rights in the Software.
Submissions
The Website may provide features that allow you to post content and to interact
with the Company and other users and to upload files, documents or other
materials (collectively “Submissions”). When using any of the features of the
Website that allow you to post, upload or make Submissions, you shall observe
the rules of netiquette and shall not: (i) restrict or inhibit any other user
from using and enjoying the Website, interfere or attempt to interfere with the
proper workings of the Website or do anything that in the sole discretion of the
Company imposes an unreasonable or disproportionately large load on the Website
infrastructure; (ii) post or transmit any unlawful, threatening, abusive,
libelous, defamatory, or obscene information of any kind whatsoever; (iii) post
or transmit any Submission whatsoever that violates or infringes upon the rights
of others; (iv) post or transmit any Submission that violates any applicable law
or regulation; (v) post or submit any Submission that solicits passwords or
personal identifying information for commercial or unlawful purposes from other
users; (vi) post or transmit any Submission that contains a virus or other
harmful component, or provides or creates computer viruses; (vii) post or
transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii)
use the Website for any commercial purposes whatsoever.
By posting or uploading Submissions to the Website, you grant the Company a
royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide
license to: (i) use, reproduce, store, adapt, translate, modify, make derivative
works from, transmit, distribute, publicly perform or display such Submissions
for any purpose; and (ii) to sublicense to third parties the unrestricted right
to exercise any of the foregoing rights. In addition to the grant of the above
license, you hereby (a) agree to waive all moral rights in any Submission; (b)
consent to your name, address and e-mail appearing as the contributor of any
Submission, where applicable, and to the disclosure and/or display of such
information and any other information that appears in or is associated with a
Submission; (c) acknowledge and agree that the Company is not responsible for
any loss, damage, or corruption that may occur to your Submissions; and (d)
acknowledge and agree that any Submissions you provide for display on the
Website will be considered non-confidential.
While the Company cannot and will not review Submissions before they are posted,
the Company reserves the right, in its sole discretion, to edit or remove any
Submission, whether or not the Submission is in violation of the provisions
hereof or otherwise objectionable. You acknowledge and agree that the Company
may, in its sole discretion, monitor the Website periodically and disclose any
information as necessary to satisfy any law, regulation or other lawful request,
to operate the Website properly or to protect itself or other users of the
Website. Any such disclosure shall be in accordance with the Company's Privacy
Policy.
The Company is not responsible for the content of any Submission. Submissions
represent the views and opinions of the person(s) posting the Submission and do
not represent the views or opinions of the Company.
While the Company is under no obligation to investigate any complaint regarding
any Submission, it may, in its sole discretion, investigate complaints and take
any actions it deems appropriate in the circumstances, including without
limitation removing the offending communication from the Website and terminating
the submitting party's right to access and use the Website or any portion
thereof.
Guarantees
You represent and warrant that:
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you are an individual and over 14 years of age;
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you will use the Content exclusively for your own personal, private and
non-commercial use, for consultation only and only as authorized hereunder
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you are entitled to conclude this Agreement;
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you will not promote or advertise the Company or the Content without the
prior written authorization of the Company; and
-
you will not remove, conceal or obliterate any copyright or other proprietary
notice or any credit-line or date-line or other mark or source identifier
included on the Content.
Indemnity
You agree to indemnify, defend and hold harmless the Company from and against
any and all claims, demands, liabilities, costs or expenses whatsoever,
including, without limitation, legal fees and disbursements resulting directly
or indirectly from: (i) your breach of any of the terms and conditions of this
Agreement; (ii) your access, use or inability to access or use the Website or
the Content or other websites or content of third parties to which the Website
is or may be linked to from time to time; (iii) your use of, reliance on,
publication, communication or distribution, uploading or downloading of anything
on or from the Website; and/or (iv) your violation of any law or regulation.
Security
The Company makes no representation or warranty concerning the security of any
communication to or from the Website or any representation or warranty regarding
the interception by third parties of personal or other information. For more
information, please consult our Privacy Policy.
Termination
The Company may at any time, without notice, in its sole discretion, and without
cause or for any reason whatsoever, terminate your right to access or use the
Website and its Content or any portion thereof.
Obligation on expiry or termination
Upon expiry or termination of this
Agreement, you shall immediately remove from your website or computer any
Content, hyperlinks or any other mention of the Company or the Website.
Governing Law and Jurisdiction
The Content is controlled by the Company from its offices within the State
of Ohio. By
accessing or using the Website, you agree that this Agreement, all matters
relating to your access to, or use of, the Website and the Content shall be
exclusively governed by and interpreted in accordance with the laws of the State
of Ohio
without regard to the conflict of laws principles thereof. This Agreement will
be deemed to have been performed in the State of Ohio
and you agree and hereby irrevocably submit to the exclusive jurisdiction of the
courts of the State of Ohio
with respect to such matters and you waive any objection to venue or any claim
of inconvenient forum. You agree that the provisions of the United Nations
Convention on Contracts for the International Sale of Goods shall not apply.
General
Any consent to or waiver by The Company of a breach of this Agreement that you
have committed, whether express or implied, shall not constitute a consent to,
or waiver of, any other, different or subsequent breach. You may not assign or
transfer this Agreement or any right or obligation hereunder. If any term or
provision of this Agreement is held by a court of competent jurisdiction to be
invalid, it shall be severed and the remaining provisions shall remain in full
force without being invalidated in any way. This Agreement is not intended to
create a partnership, joint venture, or agency relationship between the parties,
and you shall neither assume the function of agent for The Company
nor make statements or contract
obligations on behalf of The Company.
This is the entire agreement between you and The Company relating to the
matters contained herein.