Melanated Muniments – Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS OF SERVICE AS IT AFFECTS YOUR RIGHTS.
1.You and Us
Welcome to Melanated Muniments. Formally, we are ObaCoders Ltd., the provider of the Melanated Muniments Service, (“Melanated Muniment”, “we,” “us,” and “our”). We provide our services online, including, potentially, via our app (the Melanated Muniments App”) and our website at MelanatedMuniments.com (the “Melanated Muniments Site”), and other forms of communications (collectively, the “Services”).
We use the term “user” or “you” or “your” to mean any user of our Services. These Terms apply to each user.
These Terms of Service (“Terms”) govern your access to and use of our Services. By accessing or using the Services, you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We may ask you to confirm that you agree to these Terms, including by taking particular actions, such as clicking a button labeled “I Agree” or “Buy Now” or using the Services. Any personally-identifiable information about you or anyone else may be stored on or through the Services (“Personal Data”). During the term of this Agreement and provided that you are not in breach, Melanated Muniments hereby grants you permission to use the software (“Software”) included in the Melanated Muniments App and the Melanated Muniments Site as part of the Services. The Services must be used solely for personal use by you. You do not have any rights to copy, retain copies of, modify, disclose, or exhibit the Software.
2.Content
Any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our Services, including all Personal Data, are collectively referred to as “Content”. When you provide Content to us (“your Content”), you warrant to us that you have all rights necessary to provide your Content to us.
In addition to your Content, some of the Content on the Services is owned by us (“Melanated Muniments Content”), and by Partners and other entities (“Third Party Content”). You may use Melanated Muniments Content and Third Party Content for your personal use only. Except for your Content, you may not share any Content with any other person or entity without the prior written permission of the owner of that Content. For example, you would need to obtain our prior written permission prior to re-posting any Melanated Muniments Content to another website or sharing it with others.
We own the Melanated Muniments Content and the Services, and all intellectual property associated therewith, including copyrights and trademarks. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than your Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content, other than your Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person that originates the Content. We do not monitor the Content posted via the Services. Except for Melanated Muniments Content, Melanated Muniments will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.
Your use of or reliance on any Content or materials posted on the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. We do not endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.
For any Content that you provide to us (“your Content”), you grant Melanated Muniments and agree to grant Melanated Muniments a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize your Content, including your likeness, in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any user-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License”). Except for the Content License you grant to us, you retain all ownership or other rights you may have to your Content. Prior to providing us with your Content, you should retain a copy of your Content in a safe place accessible to you.
You are responsible for your use of the Services, for your Content, and for the consequences of what you do.
3.User “Do’s” and “Don’ts”
As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following Do’s and Don’ts.
Do the following:
Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
Do provide accurate information to us and update it as necessary.
Do review our Privacy Statement, which may change from time to time.
Do review and comply with notices sent by us concerning the Services.
Don’t do the following:
Don’t act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content.
Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Services.
Don’t override any security component included in or underlying the Services.
4.How Old are You?
18 or older: If you are 18 years or older, you warrant that you have the right, authority and capacity to enter into this EULA as a binding agreement.
16 and 17: If you are at least 16 years old, but not yet 18 years old, please ask your parent or guardian to use our Services on your behalf. Each young person who registers with us must provide verifiable consent from a parent or guardian. We may change the process for obtaining verifiable consent from time to time to reflect changes in technology, and changes in applicable laws and regulations.
If we are informed in writing that someone who is age 16 or 17 has provided any Content to us or has registered with us but without consent from a parent or guardian, then we will delete the account, and we will delete any Content provided by the young person.
Under 16: You may not use our Services if you are under 16 years old.
If we are informed in writing that someone who is under age 16 has provided any Content to us or has registered with us, then we will delete the account, and we will delete any Content provided by the young person.
5.Privacy
As we say in our Privacy Statement, and subject to applicable data protection, privacy and security laws and regulations, we provide the Services from within the United States, and we currently store all personally-identifiable information (“Personal Data”) of users that we collect and retain on servers inside the United States. At any time after the date of these Terms, we may also choose to store Personal Data and content on servers located outside the United States, at which time we will post a revised Privacy Statement.
Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data about you or others. Each time you use our Services or submit Personal Data or other Content to us, you confirm your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Data and any other Personal Data you submit, and all other Content you provide, as further stated in the version of these Terms and the version of the Privacy Statement that are current as of the date of your submission.
Please note, however, that any Personal Data, or other Content or data collected, stored or processed by a Partner or a third party is subject to the privacy policy or agreements of that Partner or third party. We are not responsible for the privacy practices, security, or other aspects or processes of any Partner or third party, except as expressly stated in the current version of these Terms and the current version of the Privacy Statement.
6.Our Rights
We reserve the right at all times (but we do not have an obligation) to remove or refuse any Content on the Services, to suspend or terminate users, and to reclaim user names without liability to you. We also reserve the right to access, read, preserve, and disclose any Content, data or other information (including Personal Data) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Melanated Muniments, the Services, our users and the general public.
7.Links to Third Parties
The Services may contain links to third-party websites, social media, services or features. There may also be links to third-party websites, social media, services, or features in images or comments within the Services. As noted elsewhere in these Terms, the Services include and contain Content that we do not control, maintain or endorse. The Services may also permit interactions between the Services and a third-party website, services, social media or feature, including applications that connect the Services or your profile on the Services with a third-party website, social media, services, or feature. Melanated Muniments does not control any of these third-party websites, social media, services or any of their content. You expressly acknowledge and agree that the Melanated Muniments is not liable for any such third-party websites, social media, services, content, or features.
By using or accessing a third party service, website, social media, content or features (collectively “Third Party Services”), you acknowledge and agree to the following: (i) if you use a Third Party Service to share information, you are consenting to the sharing of information in and about your profile with and through the Third Party Service; (ii) your use of a Third Party Service may cause your Personal Data and other Content to be publicly disclosed, even if Melanated Muniments has not itself provided such information; and (iii) your use of a Third Party Service is at your own option and risk, and you hereby agree to defend and indemnify us against, and hold us harmless from, any harm, damage, cost, and claims that may result from or be related to your use of any Third Party Service, including attorneys’ fees.
8.Copyright Policy
Melanated Muniments respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance.
Any person that believes its Content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights (“Requester”) should send us a written request (“Takedown Notice”) to remove the allegedly-infringing Content (“Accused Content”). Each Takedown Notice must be in English and include the following information:
• Identification of the Requester’s work that is claimed to have been infringed.
• Identification of the Accused Content or other material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled.
• Information reasonably sufficient to permit us to locate the Accused Content (e.g., if it is on the Melanated Muniments Site, a detailed uniform resource locator or “URL”).
• The Requester’s contact information, including postal address, telephone number, and an email address.
• A statement by the Requester that it has a good faith belief that use of the Accused Content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent, or the law.
• A statement that the information in the Takedown Notice is accurate, and, under penalty of perjury, that the Requester is authorized to act on behalf of the copyright owner or other owner.
• A physical or electronic signature of each of the copyright owner(s), or a person authorized to act on their behalf.
On our receipt of a Takedown Notice, we may publish the Takedown Notice to the general public on our Site or any other websites, or provide a copy of the Takedown Notice to the user that uploaded or provided the Accused Content (“Accused User”). For any Takedown Notice that is subject to the provisions of the DMCA, the Accused User or the original provider of the Accused Content may have the right to send a notice to us (“Counter Notice”) demanding that the Accused Content be restored to the Services.
In compliance with the DMCA or other applicable law, we may implement any Takedown Notice by removing the Accused Content or other material from public view on the Services, and we may implement any Counter Notice by restoring the Accused Content or other material to public view on the Services. In either case, Melanated Muniments shall bear no liability to the Requester or anyone else for the posting, removal or re-posting of any Accused Content.
Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content without prior notice, at our sole discretion, and without liability to the Requester, Accused User or anyone else. Our designated copyright agent for sending takedown notices and counter notices is:
Attn: Copyright Agent, Melanated Muniments Inc., 651 N. Broad St., Suite 206, Middletown, DE, 19709, USA.
Email: legal@melanatedmuniments.com
9.Disclaimer of Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS ABOUT OUR SERVICES OR THOSE OF OUR PARTNERS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY MELANATED MUNIMENTS, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THESE TERMS. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. IN PARTICULAR, WE DISCLAIM THAT THE SERVICES WILL RESULT IN ANY PARTICULAR BENEFIT OR SUCCESS TO USERS.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE MELANATED MUNIMENTS APP, IF ANY, AND THE MELANATED MUNIMENTS SITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.
10.Termination
You may terminate your agreement with us at any time by contacting us at legal@melanatedmuniments.com.
We may terminate these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.
We may restrict, suspend or block the access of any user who abuses or misuses the Services. Misuse includes, among other things, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of Melanated Muniments and the Services.
Upon termination, you may lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated users. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms, and no refunds shall be provided for payments previously made.
11.Indemnification
You agree to defend, indemnify and hold Melanated Muniments and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers (“Melanated Muniments Affiliates”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by Melanated Muniments in the defense of any claim. Melanated Muniments reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim against Melanated Muniments or Melanated Muniments Affiliates,without the prior written consent of Melanated Muniments, which consent Melanated Muniments may refuse in its sole discretion.
12.Limitation of Liability
SOME REGIONS, COUNTRIES AND OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. FOR EXAMPLE, THE STATE OF NEW JERSEY DOES NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY IN CONSUMER CONTRACTS.
TO THE EXTENT PERMITTED BY LAW, NEITHER Melanated Muniments NOR ANY OF Melanated Muniments AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID Melanated Muniments DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER Melanated Muniments NOR ANY OF THE Melanated Muniments AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
13.General Provisions
Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
Entire Agreement. These Terms, together with the Privacy Statement, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Statement. You acknowledge that you have had the opportunity to review these Terms and our Privacy Statement with counsel of your choice.
Amendments to these Terms. We reserve the right to modify, supplement or replace these Terms, effective upon prior written notice to the email address we have for you. Your use of the Services thirty days after posting or notice of any such update or modification will confirm your agreement to the modified version of the Terms. If you do not want to agree to any version or set of changes to the Terms, you may terminate your use of the Services, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Services. Only modifications, supplements or replacements of these Terms as stated in this provision (or as otherwise agreed in a signed instrument by Melanated Muniments) shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms without the prior written permission of Melanated Muniments. Any purported assignment and delegation by you will be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Statement, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the Melanated Muniments Services.
Contact Us. You may contact us via email at legal@melanatedmuniments.com or via postal mail or courier at Attn: Law Department, ObaCoders Ltd., 651 N. Broad St., Suite 206, Middletown, DE, 19709, USA.
Governing Law and Arbitration
These Terms and any action related thereto are governed by the substantive and procedural law of the State of Delaware, and the federal law of the United States of America, without regard to or application of any conflicts of laws provisions or principles, and without regard of the location or nationality of a user. Any dispute between us or arising out of these Terms, the Privacy Statement, the Services, or their performance, shall be determined by one arbitrator in binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA” at adr.com) pursuant to the Commercial Arbitration Rules. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.
14.Effective Date and History.
These Terms were last revised: Jan 1, 2023
Prior revisions of these Terms:
• None.