MOLOME™
Terms of Service (April 2011)
Please read these site terms carefully. By accessing or using this application, website or our services, you agree to be bound all of the terms and conditions described in these site terms. If you do not agree to all of these terms and conditions, do not use our application, website or our services.
The term "HLP" as used in this section refers to HLP International, Inc. The term "person" as used in this section includes not only a natural person but any entity, (including natural persons), who holds a copyright in, or published, developed, designed, modified, distributed, redistributed, or in any way contributed to this application, website or our services.
These Terms of Service apply to your access and use of our website located at MOLO.ME and HLP's social networking services (available via website and applications). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using our site on behalf of any entity, you represent and warrant that you are authorized to accept these site terms on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of these site terms.
We reserve the right to change or modify these Terms of Service or any policy or guideline of our site, at any time. Any changes or modification will be effective immediately upon posting of the revisions on our website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our website following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.
Registration Data
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on our site ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
User Content and Interactive Areas
Our website includes interactive areas ("Interactive Areas") in which you or other users may post, link, store or otherwise make available certain information, text and/or other materials ("User Content"). You are solely responsible for your use of the Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our site any of the following:
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and
• User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our site.
We take no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, we are not liable for any statements, representations, User Content or Third Party Content (as defined below) provided by users in any public forum or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, we reserve the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any User Content you post or store on our site, at your sole cost and expense.
We do not own the User Content you post to out site, but in posting User Content to our site, you grant us a nonexclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with our website. You may cancel this license at any time by removing the User Content from our site by using the easily available delete button.
Third Party Content
We provide third party content on our site and provide links to sites and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and we make no representation or warranties of any kind regarding the Third Party Content.
Hyperlinks
You are granted a right to create a text hyperlink to our site for noncommercial purposes, provided such link does not portray us or our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use, frame or utilize framing techniques to enclose any HLP trademark, logo or other proprietary information, including the images found at our site, the content of any text or the layout/design of any page or form contained on a page on our site without our express written consent.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from our site or sites linking to our site.
Advertisements and Promotions; Third Party Products and Services
We may run advertisements and promotions from third parties on our site or may otherwise provide information about or links to third-party products or services on our site. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- HLP advertisers or third party information on our site.
Copyright and Limited License
Unless otherwise indicated on our site, our site and all content and other materials on our site, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the "Site Materials") are our proprietary property or our licensors or users and are protected by international copyright laws.
You are granted a limited, non-sublicensable license to access and use our site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these site terms and does not include: (i) any resale or commercial use of the Site or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of our site and the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of our site, the Site Materials or any information contained therein, except as expressly permitted on our site; or (vi) any use of our site or the Site Materials other than for its intended purpose. Any use of our site or the Site Materials other than as specifically authorized in these site terms, without the our prior written permission, is strictly prohibited and will terminate the license granted in these site terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these site terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
NO WARRANTIES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HLP, NOR ANY PERSON, EITHER EXPRESSLY OR IMPLICITLY, WARRANTS ANY ASPECT OF THIS SOFTWARE OR PROGRAM, INCLUDING ANY OUTPUT OR RESULTS OF THIS SOFTWARE OR PROGRAM. UNLESS AGREED TO IN WRITING. THIS SOFTWARE AND PROGRAM IS BEING PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY TYPE OR NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT THIS SOFTWARE OR PROGRAM IS FREE FROM DEFECTS.
ASSUMPTION OF RISK
THE RISK OF ANY AND ALL LOSS, DAMAGE, OR UNSATISFACTORY PERFORMANCE OF THIS SOFTWARE OR PROGRAM RESTS WITH YOU AS THE USER. TO THE EXTENT PERMITTED BY LAW, NEITHER HLP, NOR ANY PERSON EITHER EXPRESSLY OR IMPLICITLY, MAKES ANY REPRESENTATION OR WARRANTY REGARDING THE APPROPRIATENESS OF THE USE, OUTPUT, OR RESULTS OF THE USE OF THIS SOFTWARE OR PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, BEING CURRENT OR OTHERWISE. NOR DO THEY HAVE ANY OBLIGATION TO CORRECT ERRORS, MAKE CHANGES, SUPPORT THIS SOFTWARE OR PROGRAM, DISTRIBUTE UPDATES, OR PROVIDE NOTIFICATION OF ANY ERROR OR DEFECT, KNOWN OR UNKNOWN. IF YOU RELY UPON THIS SOFTWARE OR PROGRAM, YOU DO SO AT YOUR OWN RISK, AND YOU ASSUME THE RESPONSIBILITY FOR THE RESULTS. SHOULD THIS SOFTWARE OR PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL LOSSES, INCLUDING, BUT NOT LIMITED TO, ANY NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY PROPERTY INVOLVED.
DISCLAIMER
IN NO EVENT, UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, SHALL HLP, OR ANY PERSON BE LIABLE FOR ANY LOSS, EXPENSE OR DAMAGE, OF ANY TYPE OR NATURE ARISING OUT OF THE USE OF, OR INABILITY TO USE THIS SOFTWARE OR PROGRAM, INCLUDING, BUT NOT LIMITED TO, CLAIMS, SUITS OR CAUSES OF ACTION INVOLVING ALLEGED INFRINGEMENT OF COPYRIGHTS, PATENTS, TRADEMARKS, TRADE SECRETS, OR UNFAIR COMPETITION.
INDEMNIFICATION
TO THE EXTEND PERMITTED BY LAW THROUGH THIS LICENSE, YOU, THE LICENSEE, AGREE TO INDEMNIFY AND HOLD HARMLESS HLP, ITS OFFICIALS AND EMPLOYEES, AND ANY PERSON FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, CAUSES OF ACTION, DAMAGES, JUDGMENTS, AND EXPENSES, INCLUDING THE REASONABLE COST OF ATTORNEYS’ FEES AND COURT COSTS, FOR INJURIES OR DAMAGES TO THE PERSON OR PROPERTY OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATIONS, CONSEQUENTIAL DAMAGES AND ECONOMIC LOSSES, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE, MODIFICATION, OR DISTRIBUTION OF THIS SOFTWARE OR PROGRAM, ITS OUTPUT, OR ANY ACCOMPANYING DOCUMENTATION.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE HLP CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA OUR SITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE HLP CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM USE VIA OUR SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.
Copyright Complaints
If you believe that anything on our site infringes upon any copyright which you own or control you may contact to file a notification of such infringement with use at the email address complaints@molo.me
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Applicable Law and Venue
These site terms and your use of our site will be governed by and construed in accordance with the laws of Kingdom of Thailand, applicable to agreements made and to be entirely performed within the Kingdom of Thailand, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these site terms will be filed only in the courts located in Bangkok, Thailand and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these site terms.
Termination
We have the right, without notice and in its sole discretion, to terminate your license to use our site, and to block or prevent your future access to and use of our site.
Support
If you need any support, please send email to us at the email address feedback@molo.me
