If you do not agree to be bound by this Agreement, and are unwilling to follow all Applicable Law, you should discontinue use of the Mydas Services at the first opportunity. If you wish to become a Member, communicate with other Members and/or make use of the Mydas Services, you must read and accept this Agreement. By utilizing the Mydas application you agree you have read and agree to these terms herein.
Please review this Agreement carefully, including the Arbitration provision in Section 15, which describes how disputes will be resolved between us, and that no class actions may be brought under this Agreement.
This Agreement includes Mydas’s policy for acceptable use of the Mydas Services and Content posted on or through the Mydas Services and your rights, obligations and restrictions regarding your use of the Mydas Services and Content posted on or through the Mydas Services. In order to participate in certain Mydas Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Mydas. Unless otherwise provided by the additional terms and conditions applicable to the Mydas Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Mydas may modify this Agreement from time to time and such modification shall be effective upon posting by Mydas on the Mydas Website (https://mydas.me). All material modifications will apply prospectively only. Your continued use of the Mydas Services after Mydas posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Mydas Services and that you provide to other Users. Your Mydas profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Mydas Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Mydas assumes no responsibility or liability for this material. If you become aware of misuse of the Mydas Services by any person, please notify Mydas by sending an email to firstname.lastname@example.org.
Mydas reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Mydas Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Mydas expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Mydas Services if Mydas determines, in its sole discretion, that you have violated this Agreement or pose a threat to Mydas and/or its Users.
1 Eligibility. Use of the Mydas Services is void where prohibited. By using the Mydas Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Mydas Services does not violate any Applicable Law. Your profile may be deleted, and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
3 Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Mydas services. You may terminate your Membership at any time, for any reason, by emailing us at email@example.com. Mydas may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Mydas reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Mydas Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Mydas expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Mydas Services if Mydas determines, in its sole discretion, that you have violated this Agreement or pose a threat to Mydas, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including Sections 6-18.
4 Fees. You acknowledge that Mydas reserves the right to charge for any portion of the Mydas Services and to change its fees (if any) from time to time in its discretion. If Mydas terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
5 Password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, password or other identifiers of another Member at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account. 6 Use by Members. The Mydas Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Mydas. Mydas reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Mydas Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Mydas Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Mydas reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Mydas Services. Mydas works closely with institution/university personnel, law enforcement, and government agencies, at our sole discretion we reserve the right to report actions/accounts we deem illegal, illicit, or unauthorized to any necessary parties on our behalf or in compliance with applicable laws. 7 Proprietary Rights in Content on Mydas.
1 Mydas does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Mydas Services. After posting your Content to the Mydas Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Mydas Services, you hereby grant to Mydas a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Mydas Services, or distributing part or all of the Mydas Services in any media formats and through any media channels. After you remove your Content from the Mydas Services, we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
2 The license you grant to Mydas is non-exclusive (meaning you are free to license your Content to anyone else in addition to Mydas), fully-paid and royalty-free (meaning that Mydas is not required to pay you for the use on the Mydas Services of the Content that you post), sublicensable (so that Mydas is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Mydas Services), and worldwide (because the Internet and the Mydas Services are global in reach).
3 You represent and warrant that: (i) you own the Content posted by you on or through the Mydas Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Mydas Services does not violate the privacy rights, Terms of Service, publicity rights, copyrights, contract rights or any other rights of any person or entity. In the instance of a Terms of Service violation, you agree to relinquish all rights to any Content you have posted; Mydas then becomes the sole owner of your Content. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Mydas Services. 4 Mydas Content is protected by copyright, trademark, patent, trade secret and other laws, and Mydas owns and retains all rights in the Mydas Content and the Mydas Services. Mydas hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Mydas Content (excluding any software code) solely for your personal use in connection with viewing the Mydas Website and using the Mydas Services.
5 The Mydas Services contain Content of Users and other Mydas licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Mydas Services.
6 Mydas performs technical functions necessary to offer the Mydas Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Mydas Services.
8 Content Posted Mydas may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Mydas violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Mydas assumes no responsibility for monitoring the Mydas Services for inappropriate Content or conduct. If at any time Mydas chooses, in its sole discretion, to monitor the Mydas Services, Mydas nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Mydas Services, and any material or information that you transmit to other Members and for your interactions with other Users.
9 Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Mydas Services. Mydas reserves the right to investigate and take appropriate legal action against anyone who, in Mydas’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Mydas Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Mydas:
1 Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2 Harasses or advocates harassment of another person;
3 Exploits people in a sexual or violent manner;
4 Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
5 Publicly posts information that poses or creates a privacy or security risk to any person;
6 Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7 Constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8 Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, “spimming”, or “spamming”; 9 Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10 Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
11 Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
12 Involves commercial activities and/or sales without prior written consent from Mydas such as contests, sweepstakes, barter, advertising, or pyramid schemes, or is intended to defraud, swindle or deceive other Users; 13 Includes a photograph or video of another person that you have posted without that person’s consent; or
14 Violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited through your use of the Mydas Services. Mydas reserves the right to investigate and take appropriate legal action against anyone who, in Mydas’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: