These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, APIs, email notifications, and applications (the "Services" or "Madumbo"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most of the Content we receive and maintain is intended to remain private. However, certain features, such as public forums for community solutions, are intended to be viewed publicly. When using the public features provided on the Services, you should only provide Content that you are comfortable sharing with others.
You may use the Services only if you can form a binding contract with Madumbo and are not a person barred from receiving services under the laws of the France or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Madumbo provides are always evolving and the form and nature of the Services that Madumbo provides may change from time to time without prior notice to you. In addition, Madumbo may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
You may be required to create an account with Madumbo in order to access certain Services. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. We reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms.
You are responsible for safeguarding the password and user ID that you use in association with your account and for any activities or actions performed under your account. We recommend that you use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and that you logout from your account at the end of every session. Madumbo cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You agree to notify Madumbo immediately at email@example.com of any actual or suspected unauthorized use of your account or any other breach of security known by you.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via 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 or endorse any opinions expressed via the Services. Under no circumstances will Madumbo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. Except for Content we license to you, we don't claim ownership of any Content that is transmitted, stored, or processed in your account(s). Certain functions available through the Services enable you to grant others access to your Content. If you share your Content with others, they may have access to your Content.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof. Madumbo will not be responsible or liable for any use of your Content by Madumbo in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
You may only use the services for websites/applications and in systems or environments that you have obtained the explicit consent from the legally authorized owner of the website/application, system or environment to use the services for or in. Any other use is not permitted, void, and may be unlawful.
All the uses made of the Services of Madumbo are logged. If any use of the services is detected, that does not comply with the User Restrictions, Madumbo might suspend or delete the account linked to that non-compliance, at any time without prior notice to you.
Madumbo does not monitor constantly the use made of its Services, and cannot hence be held responsible if the User Restrictions are not respected, may or may not any damage be made to a third-part website by the use of the Services. If you suspect anyone to use the Services of Madumbo on your websites/applications, or in systems or environment legally belonging to you without your prior consent, you can contact firstname.lastname@example.org. Even though no results can be systematically expected from this contact, we'll make our best to limit further uses of our Services on your websites/applications by unauthorized persons.
Subject to your agreement to these Terms, you are hereby granted a limited, non-exclusive, nontransferable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Madumbo, in the manner permitted by these Terms. You are permitted to use the Services for your reasonable business purposes, provided that your activities are lawful and in accordance with these Terms. No right, title or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and can lead to account termination.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Madumbo and its licensors. The Services are protected by copyright, trademark, and other laws of both France and foreign countries. Nothing in the Terms gives you a right to use the Madumbo name or any of the Madumbo trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Madumbo, or the Services is entirely voluntary and we'll be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. If you have doubts about whether and how to use of material on the Services, please address your concerns to: email@example.com
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information 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 Madumbo, its users and the public.
Except as permitted through the Services or these Terms, you have to use the Madumbo API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Madumbo's computer systems, or the technical delivery systems of Madumbo's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Madumbo (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Madumbo (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Madumbo is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
The Terms will continue to apply until terminated by either you or Madumbo as follows. You can upgrade, downgrade, or cancel your account at any time from within the billing interface. Your account changes will become effective as of the start of your next billing period. You do not need to specifically inform Madumbo when you stop using the Services. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We'll make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 9, 11, and 12. Nothing in this section shall affect Madumbo's rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
Please read this section carefully since it limits the liability of Madumbo and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Madumbo Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE MADUMBO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Madumbo Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Madumbo Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Madumbo Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Madumbo Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
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