Your use of Moodmet (the “Service”) is governed by this legal agreement (the “Terms”). The Service is provided by Carlos Palol Galindo ("Carlos Palol"), located at Meerfeldstr. 86, 68163 Mannheim, Germany.
By using the Service, you are agreeing to these Terms.
Using the Service
You must follow any policies made available to you within the Service. You agree to use the Service only for purposes as permitted by these Terms.
Using our Service does not give you any legal right, title, or interest in our Service or the Content you access. You may not assign (or grant a sub-license of) your rights to use the Service, or otherwise transfer any part of your rights to use the Service. The Service, including the software used to implement the Service, as well as the software provided to you as a part of the Service (the “Software”), are protected by copyright, trademark, applicable intellectual property and other laws. These Terms do not grant you the right to use any trademarks, branding, or logos used in our Service. 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 engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). Also, you agree not to access the Service using a method other than the interface and instructions we provide. For example, you may not: a) reverse engineer, decompile or otherwise attempt to extract the source code of the software used to access the Service or protocols used in the Service, unless this is required by law; b) attempt to disable or circumvent any security mechanisms used by the Service; c) probe, scan, or test the vulnerability of any system or network; d) breach or otherwise circumvent any security or authentication measures; e) access, tamper with, or use non-public areas of the Service; f) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service; g) plant malware or otherwise use the Service to distribute malware; h) access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”). If your use of the Service or other behavior intentionally or unintentionally threatens our ability to provide the Service, we will take any reasonable steps to protect the Service, which may include suspension of your access to the Service.
Modifying and Terminating our Service
We may add or remove features or functionalities, and we may temporarily suspend or discontinue the Service altogether. We may, at any time, change or impose fees for your access and use of the Service.
You can stop using the Service at any time. Carlos Palol may also stop providing the Service to you at any time, with or without cause, and with or without notice. For example, we may immediately suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others’ use of the Service.
Exclusion of Warranties
NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL EXCLUDE WARRANTIES WHICH MAY NOT BE LAWFULLY EXCLUDED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”.
CARLOS PALOL MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARLOS PALOL DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
Limitation of Liability
NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL LIMIT CARLOS PALOL’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY LIMITED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CARLOS PALOL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON CARLOS PALOL’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT CARLOS PALOL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree to hold harmless and indemnify Carlos Palol, and its affiliates, employees or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Carlos Palol will provide you with written notice of such claim, suit or action.
About these Terms
Please note that the Terms of Service may change from time to time. We will post notice of modifications on our website.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
These Terms control the relationship between you and Carlos Palol, they don’t create any third party beneficiary rights.
Upon any termination of the Service under Section “Modifying and Terminating our Service”, these Terms will also terminate, but Sections “Exclusion of Warranties”, “Limitation of Liability”, “Indemnity” , and “About these Terms” shall continue to be effective after these Terms are terminated.
This is the entire agreement between you and Carlos Palol with respect to the Service and it supersedes and replaces any prior representations, discussions, undertakings, communications or advertising relating to the Service. If any part of this agreement is found invalid or unenforceable, the remaining portions will remain in full force and effect, and enforceable term will be substituted reflecting our intent as closely as possible.
This agreement will be governed by and construed in accordance with the substantive laws in force in Germany if the Service is used by a User having its seat in a member state of the European Union. The respective courts of Germany competent for Carlos Palol’s seat shall have jurisdiction over all disputes relating to this agreement; however Carlos Palol may file legal actions as well at the seat of the User.
Last modified: January 31, 2013