The MXD Collaborative, Inc.
Terms of Conditions for the
Mi Rialiti App Platform (Service)
THE LEGAL AGREEMENT (“AGREEMENT”) SET OUT BELOW GOVERNS YOUR USE OF THE EXPERIENCE CAPTURE SERVICE PROVIDED. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. IF YOU ARE UNDER THE AGE OF LEGAL CONSENT, AS DEFINED BY THE JURISDICTION OF YOUR RESIDENCE, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR LEGAL GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND IT.
Last updated: January 02, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Mi Rialiti mobile application (the “Service”) operated by The MXD Collaborative, Inc. (“MXD”, “Mi Rialiti”, “us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
Mi Rialiti is the provider of the Experience Capture Service (here after the “Service”), which permits you as an individual to engage in experience capture related activities, including, but not limited to, participation in describing experience; the use of third party services and offerings; descriptions with text, photos, videos, ratings and other methods provided by the Service. The Service is not authorized for use by companies, corporations, NGOs, public or private institutions, foundations, local, state or federal municipalities without a separate “enterprise” license agreement with MXD or one of its authorized partners. We reserve the right to remove any account and delete all data determined to be in violation of this provision.
Use of the Service requires compatible devices; compatible mobile operation systems; may require Internet access for full functionality, and third party software (fees may apply); may require periodic updates. The functionality of the Service my be impacted by these factors.
To use the Service, you cannot be a person banned/barred/restricted from using the Service under the laws of the United States, individual States or other jurisdictions, including the country or territory in which you reside or from where you use the Service. The Service is not guaranteed to be available in any or all areas. You may not use as an “Experience Capture” title, name or description that is determined by us to be obscene, offensive, or vulgar.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service in perpetuity. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. The MXD Collaborative, Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of The MXD Collaborative, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When positing an Experience, other users accessing the Service may see your user name, photo, if you have a private internal closed network in side the Service friend relationship with such user. If you choose to have your Experience Location Pins set to “on”, other users of the Service may also see the name you give to the Experiences. They will not see your name, photo, or video posts. If you send or receive a Closed Network request via your address book, the user name associated with your Service Account will be shared with those users to whom you send, or from whom you accept, a friend request.
Some aspects of the administrative aspects of the Service do not allow for the the disclosure of personally identifiable information of minors, those unable to provided informed consent, as defined by the local jurisdictions.
When you create an account with us, you agree to provide accurate and complete information when you register with, and as you use, the Service, and you agree to update your registration data to keep it accurate and complete. You agree that we may store and use your registration data to maintain your Account. You may not create an account for anyone other than yourself without that person’s permission. You guarantee that you are above the age of legal consent in the jurisdiction of your legal residence or if you are under the legal age of consent your parent or legal guardian has read and understands this agreement for the Service and has granted you permission to use the Service. You agree that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are solely responsible for maintaining the confidentiality and security of your account, password, including but not limited to the restriction of access to your mobile device, computer and/or account and for all activities that occur on or through your Account, and you agree to immediately notify MXD of any security breach of your Account. MXD shall not be responsible for any losses stemming from the unauthorized use of your Account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Mi Rialiti may, periodically cross-reference you Profile and other information with public and other databases to verify the information provided by you and others you have authorized to use your Account. False, misleading, inaccurate information may result in the immediate suspension of your Account and deletion of your Account and any and all of its contents.
You agree not to, or attempt or assist another person to circumvent; decompile; disassemble; reverse-engineer; violate, or otherwise tamper with the Service. You are authorized to use the Service only for personal, noncommercial use. You agree to use the Service in compliance with these usage rules. MXD reserves the right to modify the usage rules at any time.
You agree that you will NOT use the Service to plan or engage in any of the following prohibited activities:
a. Engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, consultancy, volunteerism, or nondisclosure agreement (NDA);
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
b. Forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise put information in a header, designed to mislead recipients as to the origin of any content transmitted through the Service (“spoofing”);
c. Gather and store personal information on any other users of the Service to be used in connection with planed or existing illegal activity,
d. Misrepresent your Experiences including the naming of them, the places, or dates of occurrence, download, email, post, store, transmit, upload, or otherwise make available any content that is abusive; defamatory; demeaning; harassing; harmful; hateful; invasive of an individual’s privacy; libelous; obscene; discriminatory and or offense based on age, class, ethnicity, faith, gender, or race; slanderous; stalk; threaten; tortious; unlawful; untruthful; violent; vulgar, or otherwise objectionable;
e. Post; send; transmit or otherwise make available any advertising; chain letters; informational announcements; invitations; junk mail; promotional materials; spam, unsolicited or unauthorized email or social media messages;
f. Request personal or other information from a minor (any person under the age of 18 and or legal consent as defined by local laws) who is not personally known to you, information about the minor’s personal life including but not limited to: any aspects of their address(es), email or home; picture(s); employment/employee information; financial information, telephone number(s); classmates; extra curricular activities; faith/religious institution or place(s) of worship; friends; schedule; school, or social security number.
g. Impersonate or pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person living or deceased including a Service employee, consultant, contractor, sub-contractor; another Service participant; celebrities; civic or government leaders; entity; professional athletes/sports figures, or otherwise misrepresent your affiliation with a person or entity living or deceased, (MXD reserves the right to reject or block any user name or nickname which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name, likeness, or identity);
h. Interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, regulations or requirements of networks connected to the Service (including any unauthorized access to monitor data traffic or data use or traffic thereon);
i. Upload, post, email, transmit, store or otherwise make available any material that contains viruses, spyware, ransomware or any other computer code, files or programs designed to harm, track, spy on, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware.
6.0 Copyright Policy
MXD respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
You agree that MXD has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as MXD believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MXD’s right to cooperate with any legal process relating to your use of the Service and/or products, and/or a third-party claim that your use of the Service and/or products is unlawful and/or infringes such third party’s rights).
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org
7.0 Submissions to the Service
The Service may offer interactive features that allow you to submit materials including but not limited to links to third-party content, audio, photos, and videos on the Service accessible and viewable by the public. You also agree that you have obtained all necessary rights and licenses to make such submissions.
You agree to provide accurate and complete information in connection with your submission of any materials on the Service. You hereby grant MXD a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service or in providing or marketing the Service, without any compensation or obligation to you. MXD reserves the right to not post or publish any materials and to remove or edit any material, at any time in its sole discretion without notice or liability.
You agree that any use by you of such features, including any materials submitted by you shall not infringe or violate the rights of any other party or violate any laws; or otherwise be obscene, objectionable, not suitable, unseemly, or otherwise offensive. You agree that any materials submitted by you that contribute to or encourage infringing or otherwise unlawful conduct, shall be your sole responsibility.
MXD has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that MXD in its sole discretion deems appropriate, including, without limitation, termination hereunder.
8.0 Third-Party Materials
Certain content, and services available via the Service may include direct materials from third parties and or in the form of links to third party materials. The Service may provide links to third-party web sites as a convenience to users. You agree that MXD is not responsible for examining or evaluating the content or accuracy and MXD does not warrant and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that MXD is not in any way responsible for any such use by you.
9.0 Objectionable Material
Ratings of Experiences posted by users, names, location types, location pins, and descriptions are provided for convenience, and you agree that MXD does not guarantee their accuracy or the content will be appropriate. Thus, you understand that by using the Service, you may encounter Experience of other users of the Service that you may deem to be offensive, indecent, or objectionable. Content that may or may not be identified as having explicit material. By agreeing to these terms and conditions, you are acknowledging that you are using the Service at your sole risk and MXD shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
10.0 MXD Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MXD and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MXD.
You agree that the Service, including but not limited to graphics, audio clips, video clips, editorial/journal content, user interface, the scripts and software used to implement the Service, contains proprietary information and material that is owned by MXD and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to create derivative works based on the Service; distribute; lease; loan; modify; rent; or sell works based on the Service. You shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, MXD and its licensors reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the Service at any time without notice. In no event will MXD be liable for making these changes. MXD may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by MXD and/or its licensors, who reserve all their rights in law and equity.
The use of the software or any part of the Service, except for use of the Service as permitted in this agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Mi Rialiti, the Mi Rialiti logo(s), and other Mi Rialiti trademarks, service marks, graphics, and logos used in connection with the Service are trademarks and or registered trademarks of MXD in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no license or rights with respect to any of the aforesaid trademarks and any use of such trademarks.
11.0 Links To Other Websites
The Service may contain links provided by us or other users, to third party web sites or services that are not owned or controlled by MXD. MXD has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that MXD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We firmly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
If you fail, or MXD suspects that you have failed, to comply with any of the provisions of this Agreement, MXD, at its sole discretion, without notice to you may: (i) terminate or suspend your account and bar access to the Service immediately, and/or (ii) terminate the license to the Service; and/or (iii) preclude access to the Service (or any part thereof) without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to stop sharing information with other users and the Service, stop using the Service. You can also contact us at email@example.com to have your account officially closed. MXD reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and MXD will not be liable to you or to any third party should it exercise such rights. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
By using the service, you agree to defend, indemnify and hold harmless MXD and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) Your use and access of the Service, by you or any person using your account and password; b) Any action taken by MXD as part of its investigation of a suspected violation or breach of these terms; c) Content posted on the Service and or; d) As a result of its findings or decision that a violation of this agreement has occurred. These means that you can not sue or recover any damages from MXD, its licensee and licensors, and their employees, contractors, agents, officers and directors, as a result of its decision to remove or refuse to process any content, information, suspend, warn you that your access to the Service will be or has been terminated or to take any other action during the investigation of a suspected violation or a a result of MXD’s conclusion that a violation has this and or related agreements has occurred. This waiver and indemnity provision applies to all violations described in, contemplated by, and or resulting from this agreement.
14.0 Limitation Of Liability
In no event shall MXD nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. MXD does not guarantee, represent, or warrant that your use of the service will be error-free or uninterrupted, and you agree that from time to time MXD may remove the service for indefinite periods of time, or cancel the service at any time, without notice.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
MXD, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by MXD herein) provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In no case shall MXD, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use or inability to use the service or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
MXD does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and MXD disclaims any liability relating thereto. MXD shall use reasonable efforts to protect materials or information submitted by you in connection with the service, but you agree that your submission of such information is at your sole risk, and MXD hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Because some states or jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential, incidental damages, in such jurisdictions, MXD’s liability shall be limited to the extent permitted by law.
17.0 Governing Law
These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by Georgia law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with MXD or relating in any way to your use of the Service resides in the courts of the State of Georgia. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Georgia upon electronic transmission to the recipient. No MXD employee or agent has the authority to vary this Agreement.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time and to impose new or additional terms or conditions on your use of the Service. If a revision is material we will provide at least 30-days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
This Agreement constitutes the entire agreement between you and MXD and governs your use of the Service, superseding any prior agreements between you and MXD regarding the Service.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MXD’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. MXD will not be responsible for failures to fulfill any obligations due to causes beyond its control.
MXD may send you notice with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.
MXD reserves the right to take steps we believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
20.0 Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
Last updated January 02, 2019