Terms and conditions for this website.
Please carefully read these terms and conditions and acceptable use policy as they describe your legal rights and obligations and represent a binding legal agreement (the “Agreement”) between you and Minds + Machines Limited (“M+M”). The following terms apply to the use of the mmx.kespa.net website, (the “Site”),
Site Terms & Conditions
These terms govern your use of the Site and by accessing the Site you agree to be bound by them. All services provided by M+M through this Site are covered by the General Terms of Service. You must read both the General Terms of Service and these terms.
Users of the Site
By accessing the Site and any information available through the Site, it is your responsibility to inform yourself of, and to observe fully, the applicable laws and regulations of any relevant jurisdiction.
You are wholly responsible for the use of the Site by you or any person using your computer or other device and you must ensure that any such person complies with these terms.
The following clauses exclude or limit our legal liability for the Site, to the fullest extent permitted by applicable law. You should read them carefully.
While we have taken reasonable steps to ensure the accuracy, currency, availability, correctness, and completeness of the information contained on the Site, information is provided on an “as is”, “as available” basis and we do not give or make any warranty or representation of any kind, whether express or implied. The use of the Site is at your sole risk. We shall not be liable for any loss or damage whatsoever and howsoever arising as a result of your use of or reliance on the information contained on the Site to the maximum extent permitted by law.
We do not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors, omissions, or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Site.
Third Party Site and Endorsements
Where we provide hypertext links to other locations on the Internet, we do so for information purposes only. We are not responsible for the content and/or services of any other websites or pages linked from or linking to the Site. We have not verified the content of any such websites. Following links to any other websites or pages shall be at your own risk and we shall not be responsible or liable for damages or in any other way liable in connection with your linking and/or use thereof. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. No endorsement or approval of any third parties or their advice, opinions, information, products, or services is expressed or implied by any information on the Site.
Trademarks and Copyright
Copyright in the pages, screens, information, and material of the Site, as well as their design and arrangement, is owned by or licensed to M+M unless otherwise noted. You may imprint, copy, download, or temporarily store extracts from the Site for your personal information or when you use our products and services. You must not alter anything. Any other use is prohibited unless you first get our prior written permission. In particular no one may use a part of the Site on any other website, or link any other website to the Site, without our prior written permission.
Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception, loss, or possible alteration. We are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet.
We operate pages and accounts on some social media websites to inform, assist, and engage with customers and the public.
We are not responsible for any information posted on these social media websites other than information we have posted ourselves. We do not endorse the social media websites themselves or any information posted on them by third parties or other users.
Your use of social media websites is governed by their own terms and conditions.
Ownership of Account
You may be able to create an account on the Site and become a registered user. The legal owner of a customer account with M+M will be the individual or organization whose name is listed in our database as the owner. Customers will fully cooperate with and abide by any and all of our security measures and procedures in the event of any dispute over ownership of a customer website and/or accounts with us. You may terminate your account and/or cancel services at any time by accessing your user account via the Site. It is solely your responsibility to properly terminate your account and/or cancel your services and M+M shall not be responsible for any charges or debits to you made due to your improper terminating of your account or canceling of services.
The Site may allow you and other registered users to post information to the Site. All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials you post on a web site via the Service (“Content”) are the sole responsibility of the person from which such Content originated. M+M’s services, network, and servers may be used for lawful purposes only. Transmission, storage, or distribution of any content in violation of any applicable law or regulation or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; and material, images, or services that are pornographic, offensive, obscene, and/or defamatory, constitutes an illegal threat, or violates export control laws.
M+M reserves the right to deactivate or cancel any such customer account. M+M will be the sole arbiter as to what constitutes a violation of your obligations under this Agreement. M+M reserves the right to remove any account without prior notice and to refuse service to anyone at any time.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Use of our services or equipment for creating or sending malicious content, such as viruses, worms, or Trojan horses, or for pinging, flooding, mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use our services and equipment (or any connected network, system, service, or equipment) or conduct their business over the Internet. Examples of system or network security violations include, without limitation, the following: unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Customers are required to use M+M’s services, network, and servers responsibly. This includes respecting other M+M customers and users of the Internet. We reserve the right to suspend and/or cancel service with any customer who uses our network in such a way that adversely affects other M+M customers or users of the Internet. While we may monitor our service electronically to determine that our facilities are operating satisfactorily, as a general practice, we do not monitor our customers’ communications or activities to determine whether they are in compliance with this Agreement. However, when we become aware of any violation of this Agreement or other user agreements, we reserve the right to take any action to stop or correct such violation, including, but not limited to, denying access to our services and equipment or to the Internet. In addition, M+M may take action against a customer because of the activities of such customer.
You agree to protect, hold harmless, and indemnify M+M, its affiliates, any third party entity related to M+M and its affiliates (including, without limitation, third party vendors), and their executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as M+M, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any way from your use of our services.
M+M SERVICES ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY M+M, ITS EMPLOYEES, LICENSORS, OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. M+M AND ITS PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION OR USE OF THE SERVICE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL M+M (INCLUDING, WITHOUT LIMITATION, M+M’S OWNERS, EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS M+M, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING M+M’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR M+M SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY M+M SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. M+M’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THIS AGREEMENT OR M+M’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY M+M OR OUR REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL MONETARY AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES, AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications to Services
M+M may discontinue, upgrade, replace, modify, or change in any way, without limitation, any services, as well as any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide such services.
Third Party Licenses
M+M makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, we make no warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, we specifically disclaim all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold us liable in any way for the revocation of any license which has been licensed to us. The use of the Technologies obtained from or through M+M, or any other referred third party, whether directly or indirectly, is at the sole risk of each customer.
Non-M+M Products and Services
Any mention of non-M+M products by M+M, our employees, or any third party entity related to us is for information purposes only and does not constitute an endorsement or recommendation by us. We disclaim any and all liabilities for any representation or warranty made by the vendors of such non-M+M products or services.
Governing Law and Severability
This Agreement and any other agreement for our services will be governed by and construed in accordance with the laws of the Republic of Ireland without reference to conflicts of laws principles. The Agreement is subject to the exclusive jurisdiction of the Irish Courts.
If any provision or portion of this Agreement or other M+M agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Agreement or the agreement will continue in full force and effect.
Waiver and Amendment
Any waiver, modification, or amendment of any provision of this Agreement or other agreement for M+M services initiated by a customer will be effective only if accepted in writing and signed by an authorized representative of M+M.
The Site is owned and operated by Minds + Machines Group Limited, BVI registered 1412814, with a business address of: Craigmuir Chambers, Road Town Tortola VG 1110, British Virgin Islands.
You may contact us, including contacts regarding complaints concerning this website or the services by mail at:
Road Town Tortola VG 1110
British Virgin Islands
Revised: 22 March 2016