Please read this Agreement carefully before using the Site or the services available at the Site. By using the Site, the services available at the Site, and any service, software, application, web tool, widget (including the widget referred to as the “muluBox”), plug-in, component, functionality, technology, or program that we created for purposes of using the Site or the services (collectively, the "Services"), you confirm your acceptance of the terms of this Agreement. This Agreement, along with any other policies or guidelines posted on the Site, shall govern your use of the Site and the Services, whether you access the Site directly, through a third-party web site, or via one or more of the Services (such as the muluBox or any other widget that you download from the Site and install on or embed in a website controlled by you or a third party). Certain areas, features, functionality, or Services of the Site, or certain of the Services, may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature, functionality, or Service. From time to time, such Additional Rules may conflict with this Agreement; in the event of such a conflict, the Additional Rules will control.
By visiting the Site, posting or viewing any content on the Site, using any of the Services and/or by completing the registration process for the Site and/or the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Agreement and each of its terms. If you do not agree with the terms of this Agreement, please do not use the Site or the Services.
The Site and Services are available ONLY TO USERS 13 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
A. Purposes and Property Rights Generally
The purpose of the Site is to provide users and publishers with an interactive platform, network, and forum to share information related to products, services, concepts, ideas or other material that they believe will be of use and interest to other users (referred to as “Picks”). The Site and many of the Services are open to all of the public (though you may not be able to use all of the Services at all times), and will enable you, as a user, to share, comment on, and discuss Picks with other individuals across the world. This means that your Picks may be publicly viewable to all visitors to the Site.
We also provide Services to users who may not visit our Site, such as third party publishers. These Services will include the Applications (defined in Section D), such as the muluBox, and may be made available by these third parties via their web sites or mobile applications. These third parties may be curating on behalf of a particular charity, or they may be earning revenue on their own behalf. Please be careful to review the advertising and disclosures made by these third parties using our Services to ensure you understand the nature of the transaction.
Please note! We realize that offering such an open forum may lead to complaints from users who believe that their rights may have been violated. In the event you have a complaint regarding any of the Picks or other content displayed on the Site, please email us at [email protected]. If your complaint involves Picks or other content that you believe violates your rights under the copyright laws, please review our Copyright Policy, found here, or send an email to our Agent for Notice at [email protected].
The Mulu Site and Services offer opportunities for users to earn revenue from their Picks on behalf of themselves or on behalf of designated charities. For more information about this facet of the Site and the Services, please see below at Section C.
In creating one or more personal pages on the Mulu Site, you will be creating individualized works of self-expression that we consider, and intend to treat, as subject to protection as intellectual property. However, by using the Mulu Site and the Services, you will and must grant us an irrevocable, perpetual, royalty-free, non-exclusive, transferable, worldwide license to any and all such intellectual property in and to which you own rights with respect to your Mulu page(s), including without limitation any rights to use, copy, display, broadcast, transmit, perform, stream, access, view, distribute, perform and/or create derivative works based on your personal page(s). In order to maximize the tax and administrative advantages to you, other Users of the Mulu Site and Services, us, and non-profits that may benefit from the philanthropic facet of the Mulu Site, you may in some cases need to relinquish to a non-profit organization all right, title, and interest in and to your personal pages on the Mulu Site and all intellectual property related thereto. For more information on this facet of the Mulu Site and Services, please see below at Section C.
To use the Services, you may be required to register on the Site. When registering with the Site, you agree to do the following: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration forms (such information is referred to in this Agreement as the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, and/or not current or incomplete, or if we have grounds to suspect that such information is untrue, inaccurate, and/or not current or incomplete, we may suspend or terminate your account and may refuse to permit you to have current or future use of the Services (or any portion thereof).
You should not authorize any third party to access or to use the Site and/or the Services in order to act on your behalf. If you do so, you will be responsible for all acts and/or omissions of that third party on or in connection with the Site and/or the Services. You are responsible for maintaining the confidentiality of your user name and password, and you are fully and always responsible for all activities that occur under your user name or password, including without limitation all posting, commentary, discussion, and purchases of Picks and/or other content. You agree to immediately notify us via [email protected] of any unauthorized use of your user name or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
Note that you may be required to create a user name that is “public facing,” meaning that any member of the public may see it. We therefore ask you to ensure that any public facing name, or Vanity URL, you may choose is appropriate for use in an interactive social setting and does not otherwise offend or infringe upon another party’s rights. We reserve the right, in our sole, exclusive, and complete discretion, to deactivate and/or to require a change of any such name and/or URL forms any reason or for no reason. We may exercise such right at any time, with or without prior notice to you. Upon receipt of notice of our decision in that regard, you agree to provide us with a replacement name and/or URL immediately. If you do not do that, we may cancel your account or otherwise refuse to permit you to access some or all of the Site and/or Services. We may refuse or reject any user name for any reason, including without limitation because it: violates any of the terms of this Agreement; is inappropriate or abusive in nature; is hateful or offensive; infringes or potentially infringes on third party intellectual property rights such as trademark or copyright rights; or if the owner of such a name fails to act in accordance this Agreement or any other agreement or terms of service governing our relationship with such owner.
C. Curating to Earn for Yourself or to Earn for Charity Generally
One of the special features of the Mulu Site and related Services is the ability to curate your Picks to earn money for yourself or on behalf of charity. The following sections contain important information about that feature of the Mulu Site. If after reading the following sections you have remaining questions about this feature of the Mulu Site and/or the related Services, please feel free to contact us at [email protected].
(1) Affiliate Fees
We contract with certain online sellers with respect to the purchase and sale of products, services or any Picks identified on the personalized pages of one or more users of the Site. Our agreements with some such sellers will result in the ability to generate revenue attributable to certain purchases consummated via the Mulu Site and related Services. The agreements under which users of the Mulu Site and related Services may earn such revenue are hereinafter referred to as “Affiliate Agreements”. For example, when one user clicks on another user’s Pick and then – via hyperlinks to the website of the third party seller from which the image of that Pick was imported into the Site – goes ahead and purchases the Pick from the seller of that Pick, the seller may distribute to the user who “advertised” or “promoted” (i.e., “picked”) that Pick a percentage of the purchase price paid for the Pick by the user who bought it. The revenue generated via such agreements and processes is hereinafter referred to as “Affiliate Fees”. The amount of Affiliate Fees generated as a result of any particular transaction consummated via the Site or the Services will depend on a number of factors, including without limitation the seller, the product / service, and the terms of the contract(s) in place between us and the seller or, in some cases, (i) a third party organization representing such seller in connection with Affiliate Fees (hereinafter an “Affiliate Network”) or (ii) other participants in such transactions (e.g., a third party promoting and using a widget to earn Affiliate Fees). You should not assume that Affiliate Fees generated as a result of a particular transaction consummated via the Site or the Services will be the same as those generated by any other transaction. Nor should you assume that all, or any particular, transaction consummated via the Site or the Services will necessarily generate any Affiliate Fees for anyone. We retain sole, exclusive, and complete discretion over all aspects of the Affiliate Agreements into which we may choose to enter, including the decisions whether and on what terms to seek to, or in fact to, enter into any such Affiliate Agreement(s) with any particular third party. Please also keep in mind that in order for any transaction to be eligible to receive Affiliate Fees for you or on behalf of a non-profit, the transaction must be consummated (i) by a user other than you, (ii) through the hyperlink to a third party seller’s website generated when such other user clicks on or selects a Pick shown on your Mulu page, and (iii) in compliance with any rules, instructions, and actions that otherwise apply to consummating transactions on that third party seller’s website. You will not receive credit based on any purchases made via any other users’ Mulu page(s).
The Affiliate Fees described above and below are a source of revenue for us as well. In many cases, we are entitled to, and will receive, one-half of all Affiliate Fees earned as result of the use of the Site and/or the Services. In such cases, the other half of such Affiliate Fees typically will be distributed in accordance with the selection made by the curating user as a result of whose efforts such fees were earned, as described in more detail below. However, this general apportionment of Affiliate Fees may not apply in the case of particular arrangements into which we may enter with certain users of the Site or the Services (e.g., a third party promoting and using a widget to earn Affiliate Fees), and/or with respect to certain transactions. Accordingly, references herein to Affiliate Fees “earned” or generated as a result of users’ efforts and activity using the Site or Services (whether earned “for yourself” or on behalf of charity) refer only to that portion of such Affiliate Fees (typically half) to which the user or non-profit is entitled and exclude the portion to which the user or non-profit is not entitled. We reserve sole, exclusive, and complete discretion over all aspects of the Affiliate Fee program related to the Site and the Services, including without limitation the discretion to modify and/or terminate any or all of that program at any time, with or without notice to you.
(2) Choosing to Curate to Earn for Yourself or on Behalf of a Non-Profit
The following sections describe the rules and processes that apply to, and the consequences that result from, our Affiliate Fee program. If after reading the following sections you have remaining questions about this feature of the Mulu Site and related Services, please feel free to contact us at [email protected].
The Mulu Site and Services permit you to earn Affiliate Fees (i) for yourself or (ii) on behalf of a non-profit organization (or “charity”) as a result of your efforts selecting, or “curating,” your Mulu page(s) or Application(s). When you curate your Mulu page(s) or Application(s) to earn Affiliate Fees for yourself, the Affiliate Fees earned will be transferred as credits to your PayPal account periodically. When you curate your Mulu page(s) on behalf of, and donate it to, charity, the Affiliate Fees earned will be transferred periodically to the non-profit(s) participating in the philanthropic facet of the Mulu Site. We reserve sole, exclusive, and complete discretion over which non-profits we permit to participate in the philanthropic facet of the Mulu Site, including without limitation the discretion to modify and/or terminate particular non-profits at any time. The non-profit organizations currently participating in the philanthropic facet of the Mulu Site may include the following:
- ACM Lifting Lives
- America Now and Here
- American Bird Conservancy
- Best Friends Animal Society
- Black AIDS Institute
- charity: water
- Coalition for the Homeless
- Common Sense Media
- Coney Island Prep
- Conservation International
- Doctors Without Borders
- EarthEcho International
- Endometriosis Foundation of America
- F Cancer
- Fender Music Foundation
- Future Fortified
- Gay Men's Health Crisis: GMHC
- Geena Davis Institute on Gender in Media
- Get Lit
- Girl Up
- Global Green USA
- God's Love We Deliver
- Grow Appalachia
- Heifer International
- Help USA
- HollyRod Foundation
- International Justice Mission
- Lupus Research Institute
- Mama Ayo Foundation
- Mentoring USA
- Music Unites
- National Network to End Domestic Violence
- Nuru International
- Piven Theatre Workshop
- Rock the Vote
- Sea Shepherd
- Simple Works Foundation
- St. Jude Children's Research Hospital
- Stomp Out Bullying
- Street Soccer
- Talk About Curing Autism
- The Art of Elysium
- The Carroll Center for the Blind
- The CFDA Foundation
- The Cultivate Foundation
- The Humane Society: Friends of Finn
- The Khaled Hosseini Foundation
- The Ryan Seacrest Foundation
- The Voice Project
- Women for Women
You will need to decide whether you want to curate for yourself or on behalf of charity each time you register to create a new user account with the Mulu Site. Different rules and processes apply to, and different consequences result from, your decision(s) in that regard. You may be able to change your decision(s) in that regard from time to time, but we reserve the right (in our sole, exclusive, and complete discretion) to refuse to permit you to change your decision in particular circumstances (including, for example, circumstances involving excessive and/or frequent changes). In addition, you can always choose to curate new or additional Mulu pages in a manner different than that which you chose for prior Mulu pages.
The following sections describe in more detail the most important rules, processes, and consequences that apply to earning Affiliate Fees by curating Picks for your Mulu pages.
(3) More Information About Curating to Earn for Yourself
If you want to curate your Mulu page(s) or Application(s) to earn for yourself, you should make that selection at the time you register to create your account(s) with us. You may also be able to choose to curate your Mulu page(s) and/or Application(s) to earn for yourself at some point after you have created a particular account with us. Thereafter, you may earn Affiliate Fees when another user of the Site or Services purchases a product / service reflected in one of the Picks displayed on your Mulu page(s) by (i) clicking on that Pick on your Mulu page and then (ii) purchasing the product / service via the resulting hyperlink to, and completing any actions that may be necessary to consummate a transaction on, the website of the seller of that product / service. Please keep in mind, however, that you will earn Affiliate Fees if and only if the product / service reflected in the Pick in question is subject to an applicable Affiliate Agreement between us and the relevant seller or Affiliate Network.
Any Affiliate Fees you earn will be distributed to you as follows. On a periodic basis, the sellers and/or Affiliate Networks with which we maintain applicable Affiliate Agreements will distribute to us the Affiliate Fees earned by users of the Mulu Site. Such distributions will be made in a manner that allows us to determine the amount of Affiliate Fees earned by each user of the Mulu Site. Thereafter, and also on a periodic basis (decisions with respect to which we reserve sole, exclusive, and complete discretion and control), we will distribute to each user of the Mulu Site the Affiliate Fees that he / she has earned. All such distributions will be made via transfers to the PayPal accounts that correspond with the relevant Mulu page(s) or account, as established as part of the process of registering to create those Mulu page(s). In exceptional circumstances we may agree to distribute Affiliate Fees to a particular user via means other than transfer to a PayPal account, but we reserve sole, exclusive, and complete discretion concerning all such decisions and our decision in one such instance shall not bind or impact our decision in other instances.
No Pick on any Mulu Site users’ Mulu page(s) creates any relationship or obligations as between the User and any company, product, or service.
When you choose to curate your Mulu page(s) to earn for yourself, you may generate income that is subject to federal, state, local, and/or international tax laws. To comply with our legal obligations, we may record and report information concerning transactions related to, and send you records and/or documentation related to the income that you earn as a result of, your use of the Site and the Services, including without limitation tax-related documents. However, we have no subsequent role or obligations in connection with your determinations or actions concerning the tax-related consequences of your use of the Site and the Services, and we hereby disclaim the same.
(4) More Information About Curating to Earn on Behalf of a Non-Profit Organization
If you want to curate your Mulu page(s) or Application(s) to earn on behalf of charity, you should make that selection at the time you register to create your account(s) with us. You may also be able to choose to curate your Mulu page(s) or Application(s) to earn on behalf of charity at some point after you have created a particular account with us. You may curate on behalf of any of the non-profit(s) participating in the philanthropic facet of the Mulu Site or via the Services. A list of the non-profit organizations currently participating in the philanthropic facet of the Mulu Site is posted in Section (C)(2). You will have the opportunity to select one of those non-profits at the time you register to create your Mulu account(s). However, you may curate to earn on behalf of only one non-profit per Mulu page that you create. If you want to curate to earn on behalf of more than one non-profit, you should create more than one Mulu account.
Importantly, when you choose to curate on behalf of a non-profit, you thereby donate that Mulu page, your efforts curating it, and the Affiliate Fees that may be generated as a result of the same to whichever participating non-profit you select. In other words, by curating your Mulu page(s) to earn on behalf of charity you relinquish and waive all right, title, and interest in and to any intellectual property rights you otherwise would possess in the individualized work(s) of self-expression that are or exist in your Mulu page(s). We require you to do that for important but complex legal and tax-related reasons. If you are unwilling to relinquish and waive all right, title, and interest in and to any intellectual property rights you possess in the individualized work(s) of self-expression that are or exist in your Mulu page(s), it may be more complicated for you to curate your Mulu page(s) or Application(s) to earn on behalf of a non-profit organization, and we reserve sole, exclusive, and complete discretion over whether to assist you in doing so. If you want to discuss such a scenario with us, please contact us via [email protected].
When you choose to curate one or more Mulu pages on behalf of charity, the participating non-profit organization you select may earn Affiliate Fees when a user of the Site, or Services purchases a product / service reflected in one of the Picks displayed on your Mulu page(s) or Application(s) by (i) clicking on that Pick on your Mulu page or Application and then (ii) purchasing the product / service via the resulting hyperlink to, and completing any actions that may be necessary to consummate a transaction on, the website of the seller of that product / service. Please keep in mind, however, that your chosen participating non-profit organization will earn Affiliate Fees if and only if the product / service reflected in the Pick in question is subject to an applicable Affiliate Agreement between us and the relevant seller or Affiliate Network, as the case may be.
Any Affiliate Fees earned on behalf of charity will be distributed to Mulu Site and Service users’ selected participating non-profits as follows. On a periodic basis, the sellers and/or Affiliate Networks with which we maintain applicable Affiliate Agreements will distribute to us – acting as an administrative agent of the non-profit organizations then-participating in the philanthropic facet of the Mulu Site – the Affiliate Fees earned on behalf of such non-profit organizations by users of the Mulu Site. Such distributions will be made in a manner that allows us to determine the amount of Affiliate Fees earned on behalf of each respective participating non-profit organization by each user of the Mulu Site who is curating a Mulu Site page or Application on behalf of that organization. Thereafter, and also on a periodic basis (decisions with respect to which we reserve sole, exclusive, and complete discretion and control), we will distribute to each of the non-profits participating in the philanthropic facet of the Mulu Site the Affiliate Fees that Mulu Site users have earned on behalf of that non-profit.
All donations of Affiliate Fees to the non-profit organizations participating in the philanthropic facet of the Mulu Site will be unrestricted. That means that each participating non-profit will have sole, exclusive, and complete discretion concerning the manner in which it chooses to spend all Affiliate Fees that the Mulu Site users may earn on its behalf. Of course, we expect that each participating non-profit will spend such Affiliate Fees in ways that are consistent with its charitable mission(s).
Informed by your selection of the non-profit organization(s) participating in the philanthropic facet of the Mulu Site on behalf of which you want to curate your Mulu Site page(s) and/or Application(s) (as selected when you create your Mulu account(s)), your Mulu page(s) and/or Application(s) may identify or describe (i) the name of your chosen non-profit organization(s); and (ii) the general purpose(s) to which Affiliate Fees earned as a result of your curating efforts have been put. The descriptions of the general purposes to which Affiliate Fees earned as a result of your curating efforts have been put should not be taken literally because participating non-profits are free to use Affiliate Fees that they receive as a result of the philanthropic facet of the Mulu Site for any purpose consistent with their charitable mission(s).
The Picks on a Mulu Site user’s Mulu page(s) do not constitute any endorsement of the item, good, or service reflected in that Pick by any participating non-profit on behalf of which that user may be curating. Nor does any such Pick create any relationship or obligations as between the User and any company, product, or service.
We keep records of the Affiliate Fees earned on behalf of charity by Mulu Site users who choose to curate in this manner. You may receive records relating to this activity from time to time. We will endeavor to treat Mulu pages created for charity as a property donation, such that subsequent Affiliate Fees earned on behalf of charity inure directly to the selected charity. However, we may be required to send information and reports to you and to the IRS regarding Affiliate Fees earned on behalf of charity. In any event, we have no subsequent role or obligations in connection with your determinations concerning the tax-related consequences of your use of the Site and the Services, and we hereby disclaim the same.
(5) Tax Consequences in General
Any Affiliate Fees earned for yourself or on behalf of a participating non-profit / charity as a result of your use of the Site and the Services, may impact your obligations and liability under federal, state, local, and/or international tax laws. We cannot and do not provide any advice or recommendations on such potential impact, which will depend on the individual facts and circumstances relating to each user. Accordingly, you should ask whatever questions and/or otherwise make whatever investigation you feel may be necessary or appropriate (including soliciting legal advice or guidance from an accountant or other tax professional) in connection with your personal or family tax obligations.
The Site provides users with the ability to use certain software, web tools, applications, technologies, and/or devices, including without limitation the muluBox and any other widgets available via the Site (“Application(s)”) which are offered as part of the Services to facilitate your making, commenting on, discussing, or purchasing Picks or other products, services or content and/or otherwise to help you enjoy the Mulu experience. For example, we offer the muluBox to third parties to facilitate the advertisement and sale of merchandise to end-users. The muluBox allows third parties to curate on behalf of certain charities or to otherwise earn revenue on their own behalf. To use any of the Applications, you may be required to install software to your computer. You understand that any Applications we offer to users is owned or licensed by Mulu, and that you shall have no ownership right, title, or interest in and to the Application. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notice in or on any Application. Furthermore, you agree not to circumvent, reverse engineer, or modify, and not to attempt to do any of those things to, any of the technical controls, protections, or components of any Application.
Mulu grants you, as a user of the Site and the Services, a limited, non-exclusive, non-transferable, revocable license, without the right to sublicense, to install, access and use any Application offered on the Site by Mulu, solely for your personal use, and solely in connection with your use of the Site and use of the Services solely during your time visiting and using the Site.
E. User Content and Grant
The Site and the Services (including the muluBox and any other widgets) allow users to post, store, exchange, and comment on information, articles, photographs, images, materials, data, files, programs, videos, drawings, sketches, concepts, ideas, opinions, and other content in which you may own or claim rights (“User Content”). In some cases, User Content may be subject to the rights of a third party. We have no information about your rights in User Content relative to potential rights of any third party. Therefore, we require you to promise, and by using the Site you promise, that (i) you are entitled to post any and all User Content that you post to the Site and/or via the Services, and (ii) you are authorized to allow us and other users to access and use (in connection with the Site) any User Content that you post to the Site and/or via the Services.
You hereby represent and warrant that (i) you own, have licensed or otherwise have retained all of the rights, licenses, consents, and releases that are necessary to grant us the license described below; and (ii) neither (a) the User Content you post nor (b) any use of the Site or Services, by storing, displaying, copying, or otherwise functioning as we intend and permit, will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, or moral rights, or any other proprietary or intellectual property rights, or any other rights of publicity or privacy, or otherwise result in a violation of any applicable law or regulation.
You hereby grant us and our contractors, agents, and employees, an irrevocable, perpetual, royalty-free, non-exclusive, transferable, worldwide license to use, copy, display, broadcast, transmit, perform, stream, access, view, distribute, perform and/or create derivative works based on such User Content. We claim no ownership rights in any User Content that you post to the Site, and you understand that you alone shall remain solely responsible for any such User Content.
All judgments concerning the accuracy, credibility, validity, applicability, and/or effect relating to any of the above obligations, promises, representations, and/or warranties shall be made in our sole, exclusive, and complete discretion. We reserve the right, in our sole, exclusive, and complete discretion, to determine whether and what action to take in response to any potential violation of this Agreement, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint.
F. Third Party Content.
As noted above, the Site and the Services may allow you to post, access, display, share, comment on, communicate about, and otherwise use images, photographs, text, recordings, video files, drawings, ideas, concepts, and/or other content or material that may be owned by a third party or in which a third party may claim rights, including without limitation patent, copyright, trademark, trade secret, right of publicity, right of privacy, and/or moral rights, or other proprietary or intellectual property rights (“Third Party Content”). Further, the Site and the Services may contain web tools, features, and functionalities linking you to, or providing you with the ability to post, access, display, share, comment on, communicate about, and otherwise use Third Party Content.
Any time that you post, access, display, share, comment on, communicate about, or otherwise use Third Party Content on or in connection with the Site, you are doing so at your own risk. Mulu has no liability or responsibility for your actions with respect to any such Third Party Content. In that regard, any content that is exchanged and transactions that are made using the Site and the Services are between the transacting parties only unless we have been named in the agreements between those parties and have affirmatively consented to the terms of such agreements. The same is true with respect to your use of the muluBox or any other widget that may appear on or have been embedded into a third party’s website, web page, or other Internet content, and/or which otherwise permits you to enjoy certain functionality of the Site or Services at, via, or in connection with such third party site, page, or content. Mulu has no liability or responsibility the content of or on such third party site, page, or content, including without limitation any viewpoints expressed, products or services described or promoted, or other websites, web pages, or other Internet content linked to or accessible from the third party site, page, or content on which you have seen or used the muluBox or other widget.
Furthermore, you hereby irrevocably waive any claim against us with respect to any transaction involving you and a third party in which we are not directly and voluntarily involved and responsible, and/or involving any Third Party Content. We shall have no liability, obligation, or responsibility for any content that is exchanged or other correspondence, purchase, or promotion between you and any such third-party. Accordingly, you should ask whatever questions and/or otherwise make whatever investigation you feel may be necessary or appropriate (including soliciting legal advice) before (i) posting, accessing, displaying, sharing, commenting on, communicating about, and otherwise using or allowing access to any Third Party Content via the Site, or Services, and/or (ii) proceeding with any online or offline transaction with any third party related to or in connection with the Site or Services.
Please understand that this means that you are solely responsible for any content that you post on the Site or access via the Services, as well as the quality and qualities of, and any payments for and/or other commercial transactions related to, goods and services that you may purchase or benefit from as part of your use of the Site or the Services.* If you have any problems resulting from your use of any Third Party Content, the Site or the Services, or if you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible, unless the problem was the direct result of gross negligence on our part.
In the event you have a complaint regarding intellectual property rights in or to any of the content displayed on the Site, please visit our Copyright Policy, found here, or send an email to our Agent for Notice at [email protected]. Feel free to send an email via that address even if you are not sure whether your complaint implicates intellectual property rights in or to such content.
G. User Conduct
Mulu wants to encourage an open exchange of information, ideas, and content through the Site, and the Services. But we cannot and do not review every posting made to the Site, every Pick, or all User Content or Third Party Content that users post to, comment on, communicate about, share, display, and/or otherwise use on or in connection with the Site or via the Services. This means that (i) certain areas of the Site will include content, information, and opinions attributable to a variety of individuals and organizations other than us, and (ii) we may not have seen or reviewed such content, information, and opinions. The responsibility for what is posted, shared, and used on and in connection with the Site or via the Services lies with each user. As such, and subject to the rules enumerated below, we do not take any position on or about – let alone endorse or guarantee the accuracy of – any Picks, postings, content, comments, opinions, viewpoints, or other any action or expression that you or any other user makes on the Site or via the Services, regardless of whether the posting comes from a user (whether or not a celebrity or person of widespread renown and notoriety), from a non-profit organization, or from a member of our staff.
That said, we have some basic rules by which we require all users to abide in order to make use of the Site and the Services safe and enjoyable for everyone. In particular, by using the Site you agree not to submit, post, or transmit any User Content (including Third Party Content), or otherwise to engage in any conduct, that violates any of the following rules:
- You may not attempt to harm, disrupt, or otherwise engage in activity that impairs, the Site or the Services.
- You may not post any content on the Site or via the Services that (a) violates or encourages others to violate any applicable law or regulation, or which would give rise to civil liability; (b) is fraudulent, false, misleading, or deceptive; (c) is defamatory, pornographic, obscene, vulgar, or offensive; (d) promotes bigotry, racism, hatred, harassment, or harm against any individual or group; or (e) is abusive or threatening.
- You may not attempt to interfere with any other person’s use of the Site or the Services.
- You may not misrepresent your identity or impersonate any person.
- You may not access, descramble, deactivate, remove, impair bypass, or circumvent any technological measure that we, our partners, or a third party have implemented to protect the Site or the Services.
- You may not attempt to gain access to any account, computers or networks related to or used in connection with the Site or the Services without authorization, or otherwise tamper with any aspect of the Applications, Services or the Site, or use any robot, spider, data mining tool, web tool, engine, software, device, or mechanism to access data on the Site, unless we provided you with such tool and authorized you to use it for the specific purpose(s) in which you have used it.
- You may not attempt to obtain any data through any means from the Site or the Services except if we intend to provide or make it available to you.
- You may not use the Site or the Services to participate in pyramid schemes or chain letters.
- You may not use the Site or the Services to send, either directly or indirectly, any unsolicited bulk email or communications or unsolicited commercial email or communications.
- You may not use the Site or the Services to post, display, send or otherwise make available or use, any material protected by intellectual property laws unless you own or control all necessary rights to such material or have received all necessary authorization.
- You may not use the Site or Services to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of any computer or property.
- You may not use the Site or the Services to download any material sent by another user of the Site or Services that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not use the Site or the Services in a manner that violates this Agreement, or any code of conduct or other guidelines which may be applicable to the Services or the Site.
- You may not use the Site or the Services to harvest or otherwise collect information about others, including without limitation email addresses.
- You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with the Site or the Services.
- You may not use the Site or the Services in a manner that results in excessive bandwidth usage, as determined solely by us. All use of the Site and the Services, as well as use of the Services on any desktop application, will be considered in connection with determining the reasonableness and appropriateness of such bandwidth usage.
We have the right to make all judgments concerning any of the above prohibitions in our sole, exclusive, and complete discretion. We reserve the right, also in our sole discretion, to determine whether and what action to take in response to any violation or potential violation of this Agreement, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint or situation.
H. Our Right to Monitor, Remove and/or Terminate Access and/or Content
Although we cannot and do not monitor all content and activity on the Site, you understand that we have the right, but not the obligation, to monitor the content and activity on the Site to determine compliance with this Agreement and any other operating rules, guidelines, or policies that we may establish from time to time. We have the right, but not the obligation, to remove or to require users to remove any such content (including without limitation User Content and Third Party Content) that we, in our sole discretion, deem to be (a) inconsistent with our strategic mission, vision, and/or this Agreement; and/or (b) possibly in violation of applicable law. We also have the right, in our sole, exclusive, and complete discretion, to terminate the access of any user who violates this Agreement, or any terms, guidelines, or policy posted or explained on the Site, as discussed in Section O below.
In addition, we have the right, in our sole, exclusive, and complete discretion, to remove any content (including without limitation User Content and Third Party Content) if we have reason to believe that posting, displaying, or otherwise using such content may infringe the intellectual property rights of a third party, subject us to expense or liability, or injure and/or impair our reputation and/or goodwill. See our Copyright Policy for more details.
Notwithstanding our right to monitor, remove, and terminate the access of any user, all users of the Site or the Services shall remain at all times solely responsible for any content that they post onto the Site. You hereby acknowledge and agree that neither we nor any of our affiliates, subsidiaries, agents, partners, employees, or related parties, shall assume or have any liability for any action or inaction by Mulu with respect to any conduct within the Site or any Picks, communications, or postings, or transactions made on, in connection with, or via the Site or the Services.
We also reserve the right to disclose any information that we believe may be necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
In the event that you become aware of content that you deem to be objectionable or in violation of this Agreement, please email us at [email protected]. If your objection involves intellectual property rights in and to such content, please direct your email to [email protected]. Feel free to send an email via that address even if you are not sure whether your complaint implicates intellectual property rights in or to such content.
I. Notification Regarding Communications from Mulu.
By registering with the Site and/or by using the Services, you understand that we may send you communications or data from the Site regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use; (ii) updates; and (iii) information or materials regarding transactions, products, and/or services purchased or selected by you or in which you are involved via use of the Site and/or the Services. By using and registering on the Site, you agree to receive such email messages from us. Note, however, that in some cases you may be able to “opt out” of receiving certain messages by making appropriate adjustments to your user account and/or profile settings. Please contact us if you have questions about that, or click here.
Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise a feature of our Site or Services or a product or service in which we believe you may be interested, or may otherwise discuss a marketing campaign or promotion offered by Mulu or one of our partners or another third party. We will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).
K. Right to Modify the Agreement
We reserve the right, in our sole, exclusive, and complete discretion, to change, modify, or otherwise amend this Agreement, or any of its portions or provisions, at any time. You can always find the most recent version of this Agreement posted on the Site, with the date of last modification noted at the bottom of the document. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of the Agreement whenever you visit the Site or otherwise on a regular basis. It is your obligation to review the Agreement on a regular basis to keep yourself apprised of any changes in our terms, conditions, rules, and guidelines. If you do not agree to a revised Agreement, your sole recourse is to immediately stop all use of the Site and the Services. Your continued use of the Site and the Services following the posting of modifications will constitute your acceptance of such revised Agreement. Should you have any technical questions regarding the use of our Site and Services, please contact us at [email protected].
L. Disclaimer of Warranties.
We intend for the information contained on the Site and the Services to be accurate and reliable; however, errors sometimes may occur. WE PROVIDE THE SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT LIES WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MULU, INC.,WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. EACH OF THOSE CATEGORIES OF PARTIES DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
In addition, we are and will not be in any way, and in any circumstances, liable for loss of customer data. Under no circumstances will we be held accountable for any loss of customer data. By becoming a user of the Site and Services, you acknowledge that you forfeit the right to hold us accountable for any and all technical errors, including the loss of user files and/or (customer data), and you waive and release us from any such claims.
M. Limitations of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE OR SERVICES, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WE MAY CHANGE OR SUSPEND ACCESS TO THE SITE AND/OR SERVICES, AND WE MAY DELETE FEATURES OF THE SAME, AT ANY TIME AND FOR ANY REASON OR FOR NO REASON. WE ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, WHETHER IT IS PROVIDED BY USERS OR THIRD PARTIES OR (2) ANY THIRD PARTY CONDUCT OR THIRD PARTY CONTENT, TRANSMISSIONS OR DATA. IN ADDITION, WE ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE AND SERVICES; (2) ANY INCOMPATIBILITY BETWEEN THE SITE AND THE SERVICES AND SERVICES AND OTHER WEB SITE, SOFTWARE, AND OR HARDWARE; (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS ON, WITH, OR IN CONNECTION WITH THE SITE AND SERVICES IN AN ACCURATE OR TIMELY MANNER; (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THAT YOU MAY EXPERIENCE THROUGH OR AS A RESULT OF YOUR USE OF THE SITE AND/OR SERVICES; OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND THE SERVICES, AND THE APPLICATIONS AND SERVICES AVAILABLE FROM THIRD PARTIES AND/OR THROUGH LINKS ON OR FROM THE SITE AND SERVICES.
IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, IF YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PARTY WITH RESPECT TO THIS AGREEMENT, THE SITE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, AND THE SERVICES. In the event that, notwithstanding the foregoing disclaimers and indemnifications, we are found responsible to any user for any reason whatsoever, our responsibility shall be limited to the amounts such user has actually paid us for that user’s use of the Site or the Services, and shall not include punitive damages or consequential or resulting damages of any kind.
You agree to indemnify us, defend us, and hold us harmless, and to do the same with respect to our affiliates and our and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or any use or misuse of the Site and/or the Services for which you may be responsible. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to these indemnification obligations, in which case you agree that you shall fully cooperate with us in asserting any available defenses.
O. Termination of Service.
We reserve the right, in our sole, exclusive, and complete discretion, and without cause and/or without notice to (i) terminate without notice your ability to access or use the Site and/or the Services and (ii) delete any data related to the same. In addition, we may terminate your account if: (a) you do not engage in any activity on the Site within thirty (30) days of registration, or (b) you do not engage in any activity on the Site for any period of 120 consecutive days. In either of the scenarios described in (a) or (b) above, we will try to send you an email concerning such termination and informing you that your account will be closed within seven (7) days unless you begin to use the account during that period. At the conclusion of that seven (7) day period, absent any such activity we will close your account.
You may terminate your user account upon notice to us at any time. To terminate, send us an email at [email protected]. In that email you should, (i) identify your account clearly and accurately, and (ii) explain that you are writing to terminate your account with us. Upon termination, you may request a file of your data, which we will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON OUR SYSTEMS MAY NOT BE RETRIEVED, and we shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
P. Choice of Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding without resort to its conflicts-of-law principles. Please note that your use of the Site and Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Mulu, Inc., us, or relating in any way to your use of the Site and Services lies in the state and/or federal courts of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving us, the Site or the Services, our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and/or content providers.
You may send us notices at the following email addresses:
- For legal questions, including concerns relating to intellectual property issues – [email protected].
- For technical questions about use of the Site and the Services, and for questions concerning Affiliate Fees and the philanthropic facet of the Mulu Site – [email protected].
- For other problems or complaints involving Picks, content, postings, discussions, transactions occurring on the Site and/or via the Services (including, for example, unauthorized use of your account(s), security breaches, or violations of this Agreement by others – [email protected].
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to have been superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
S. Assignment of the Agreement
We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of this Agreement, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS AGREEMENT, THE SITE AND SERVICES MUST BE BROUGHT WITHIN ONE YEAR. THAT ONE-YEAR PERIOD BEGINS ON THE DATE WHEN SUCH CLAIM FIRST COULD BE FILED. IF IT IS NOT FILED WITHIN THE ONE-YEAR PERIOD, THAT CLAIM IS PERMANENTLY BARRED. THIS LIMITATION APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Effective Date: 5 Dec 2011
Last Updated: 30 October 2012