Terms and conditions

By using this site, you signify your consent to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the site or download and use any materials from the site.
These Terms and Conditions also include the MOLFU Email Disclaimer.

1.Applicable Terms

1.1 This website (the “Site”) is owned and operated by MOLFU a private company limited by guarantee registered 2020 Santa Monica Blvd Suite 550, Santa Monica, CA 90404, United States, Santa Monica, CA, United States, California”).

1.3 You are responsible for regularly reviewing information posted online to obtain timely notice of any changes. Your continued use of the Site after changes are posted constitutes your acceptance of these Terms and Conditions as modified by the posted changes.

1.4 If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on the Site relating to specific material then the latter shall prevail.

2.Use of Materials and Branding

2.1 Unless otherwise indicated the contents of the Site, including the names, images and logos identifying MOLFU and its products and services, and the Branding, are the property of MOLFU and are protected, without limitation, as copyright works, and/or registered and unregistered trade marks, and may only be used in accordance with 2.3 below.
2.2 You, and the business/organisation you represent, must register with MOLFU and create an account in order to use some of MOLFU’s services including the downloading and use of the Branding . You can create and manage your own MOLFU account and/or an account for your business/organisation. It is your responsibility to keep your details and those of your business/organisation up to date on the user profile. In these Terms and Conditions, references to ‘you’ shall refer to both the individual user as well as the business/organisation that is represented by the individual user or that is a registered user itself.
2.3 Subject always to 1.4, material produced by MOLFU on the Site (which for the avoidance of doubt does not include material on any linked website of a third party) and the Branding, may be copied or downloaded for your own use within the United Kingdom provided (i) that all use of Branding must be strictly in accordance with the applicable brand guidelines, which are available for download from MOLFU’s as they are updated from time to time, and (ii) other than with MOLFU’s prior written consent and in full compliance with any terms that MOLFU may require, you may not:
• 2.3.1 host any material or Branding or a variation of it on any website; or
• 2.3.2 adapt, alter or create a derivative work from any of the material or Branding; or
• 2.3.3 use the material or Branding in any commercial manner including incorporating any of MOLFU’s Branding on any merchandise or promotional items
2.4 The Branding may only be downloaded by the holder of a MOLFU account.
2.5 These Terms and Conditions permit use of the materials and the Branding only within the United Kingdom. If you wish to use the materials or Branding outside the United Kingdom please contact MOLFU to arrange a specific licence for use.
2.6 In the event you download software from the Site, the software including any files, images incorporated in or generated by the software and data accompanying the software (together, the “Software”) will be subject to a specific license to be issued to you by MOLFU. MOLFU does not transfer title to the Software to you. MOLFU will retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

3.Liability

3.1 MOLFU does not warrant that the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
3.2 This Site and the information, names, images, pictures, logos and icons regarding or relating to MOLFU, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied.
3.3 Whilst MOLFU makes every effort to guarantee the accuracy of information contained within this Site, it accepts no liability for any inaccuracies and visitors to the Site who rely on this information do so at their own risk.
3.4 MOLFU is not responsible for the contents or reliability of any linked websites and does not necessarily endorse the views expressed within them. Linking shall not be taken as endorsement of any kind.
3.5 Nothing in these Terms and Conditions shall operate or be construed so as to exclude or restrict:
3.5.1 any warranty or condition implied by statute in the event of your dealing as a “consumer” as defined by section 2 of the Consumer Rights Act 2015. In such a case your statutory rights are unaffected by these terms and conditions; or
• 3.5.2 the liability of MOLFU for death or personal injury caused by reason of the negligence of MOLFU or of its servants, employees or agents.
3.6 Save as set out in 3.5, in no event will MOLFU be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the Site.
3.7 In no event shall MOLFU’s total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to, negligence) or otherwise) exceed the costs incurred by you, if any, for accessing the Site.

4.Your Contributions

4.1 Where you are invited to submit any contribution to the Site (including without limitation any text, graphics, video or audio) you are required by such submission to grant MOLFU a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in MOLFU’s Privacy Policy. If you do not wish to grant such rights to MOLFU, it is suggested that you do not submit your contribution to the Site.
4.2 By submitting your contribution to the Site, you also:
• 4.2.1 warrant that such contribution is your own original work and that you have the right to make it available to MOLFU for all the purposes specified above; and
• 4.2.2 indemnify MOLFU against all legal fees, damages and other expenses that may be incurred by MOLFU as a result of your breach of the above warranty; and
• 4.2.3 agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the other purposes specified above; and
• 4.2.4 acknowledge and agree that it may be copied or downloaded by users pursuant to 2.3.
5.Use of the Site
You agree to use the Site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Site.

2. User Content

2.1Responsible Party for Content. You understand, acknowledge, and agree that all user generated content posted (that is, non-Company content), displayed, or performed on or through the Services is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services, or otherwise provides to the Company, whether online or offline, and whether or not solicited by the Company (“User Content“). User Content shall include your submission of any ideas, suggestions, documents, and/or proposals to Company. Company has no obligation to pre-screen any User Content. You agree to use all User Content and interact with any other User at your own risk. Without limiting the foregoing, Company reserves the right in its sole discretion, but does not have an obligation, to pre-screen, review, refuse, or remove any content. Company shall have the right to remove any content that violates this Agreement or is otherwise objectionable as determined by Company. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of this Agreement, Company’s policies, or applicable law.

2.2Ownership of Your Content. Company does not claim ownership of any User Content you make available on the Services (“Your Content“). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant Company the license set forth in Section 2.3. Except with respect to Your Content, you agree that you have no right or title in or to any other content that appears on or in the Services.

2.3License to Your Content. Subject to any applicable Account settings that you select or license agreement you may be asked to agree to when posting or submitting Your Content on or though the Services, you grant Company, its agent(s) and supplier(s), and anyone else authorized by Company, an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction, and a waiver of any “moral rights” in Your Content. In connection with the exercise of these rights, you grant Company, and anyone authorized by Company, the right to identify you as the author of Your Content by name, email address, or username, as Company deems appropriate. You will not receive any compensation of any kind for the use of Your Content. Note that other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Services. Accordingly, you should be careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in any public area of the Services.

2.4Ratings and Reviews. Ratings and reviews posted by Users on our Services are User Content that is not endorsed by Company and does not represent the views of Company. To the fullest extent permitted by law, Company does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (a) to base any rating or review you post only on your actual, first-hand experience with the applicable business, product, or service; (b) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship, or any other affiliation; (c) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (d) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, or otherwise violates the terms or spirit of this Agreement, we may exclude, prohibit, or remove such User Content in our sole discretion without notice.

2.5Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third-party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Company’s prior written consent, such as embedding links, contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Company or misrepresents your affiliation with any other person or entity; or (vi) that violates any other rules or regulations that we may post in connection with a particular feature of the Services. You alone are responsible for the content and consequences of any of your activities.

3. Ownership of and License to Use Company Services

3.1Use of the Services. Except with respect to User Content, Company and its suppliers own or are licensees of the rights, title, and interest required for the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Company grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Company, its suppliers and service providers reserve all rights not granted in this Agreement.

3.2Trademarks. Company’s stylized name and other related trademarks, graphics, logos, service marks, and trade names used on or in connection with the Services are the trademarks of Company and may not be used without permission in connection with any third-party products or services. Other trademarks, logos, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

3.3Restrictions on Use of Services. You agree not to do any of the foregoing:

(a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services;

(b) you shall not frame or use framing techniques to enclose any trademark, logo, or Services (including images, text, page layout or form) of Company;

(d) you shall not modify, translate, adapt, merge, make derivative works or services of, circumvent, decrypt, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;

(e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape,” harvest, or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

(f) you shall not use any data from the Services for the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system);

(g) you shall not access the Services to build a similar or competitive website, application, or service;

(h) you shall not except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;

(i) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services or use the Services in violation of any third party’s intellectual property or other proprietary or legal rights;

(j) you shall not use the Services in violation of any applicable law;

(k) you shall not attempt to gain unauthorized access to other computer systems through the Services;

(l) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and

(m) you shall not attempt to harm our Services or use the Services in a manner that could interfere with any party’s use or enjoyment of the Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services. Any unauthorized use of the Services immediately terminates the licenses granted by Company pursuant to this Agreement.

3.4Third-Party Links. The Services may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links“). When you click on such a link, we will not warn you that you are about to or have left the Services. Company does not control and is not responsible for Third-Party Links. Company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

3.5Embedded Video Links. Certain pages of the Services provide the functionality for you to “embed” videos appearing on the page on other web sites or blog pages (together with the Player, as defined herein, the “Embedded Video“). The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows: (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, length, and advertising associated therewith) from how it is served from our servers; (ii) you will not facilitate access to the Embedded Video through any video player or other tool other than the video player that is provided by the Company when the Embedded Video appears (the “Player”); (iii) the Embedded Video may be used for commercial purposes, including on an advertising-supported page, provided that: (a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content; (b) the Embedded Video is not used for the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system); (c) you shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (d) to the extent you sell any advertising, sponsorship, or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by Company which is a sufficient basis for such sales. You may not block, inhibit, build upon, or disable any portion of the Player, including without limitation links back to Company’s Services. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Website without limitation of any provision of these Terms of Service, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to defend, indemnify, and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.

4. Indemnification and Limitation of Liability

4.1Indemnification. You agree to indemnify and hold Company, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners, suppliers, and licensors of each (collectively, the “Company Parties”) harmless from any damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of any claims concerning: (a) the violation of the rights of any third party, including intellectual property rights, by Your Content; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules, or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

4.2Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF THE SERVICES OR INFORMATION ON THE SERVICES, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

4.3Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.4Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO COMPANY BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S GROSS NEGLIGENCE OR FOR (Y) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

4.5Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES.

4.6Exclusions.

THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.

4.7Survival. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Services.

5. General Provisions.

5.1Disclaimer. The information available through the Services is provided solely for informational purposes on an “as is” basis at user’s sole risk. Company makes no guarantees as to the accurateness, quality, or completeness of the information and Company shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. Users are solely responsible for verifying the information as being appropriate for user’s personal use.

5.2Termination. At its sole discretion, Company may modify, suspend, change, or discontinue the Services, or may modify, suspend, change, or terminate your access to the Services, for any reason or no reason, with or without notice to you and without liability to you or any third party. In addition to restricting, suspending, or terminating your access to the Services, for any reason or no reason, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress.

5.3Procedure for Making Claims of Copyright Infringement. If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number, and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) 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. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to:
2020 Santa Monica Blvd Suite 550, Santa Monica, CA 90404, United States, Santa Monica, CA, United States, California, or by email to [email protected]. Company maintains a policy to terminate in appropriate circumstances the Service use privileges of all repeat infringers of copyright rights. Please Note: The Copyright Agent has no responsibility for and will not respond to Usage/Reprint permission requests or Subscriber/Customer Service inquiries.

5.4Electronic Communications. The communications between you and Company use electronic means, whether you visit the Services or send Company e-mails, or whether Company posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Company provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.

5.5Notice. Where Company requires that you provide an e-mail address to receive notices and for other purposes, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at the following address: Dotdash Media Inc., Attn: General Counsel, 225 Liberty Street, 4th Floor, New York, NY 10281. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

5.6Governing Law and Exclusive Venue. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state courts in New York County, New York or federal courts located in the Southern District of New York.

5.7International Users. The Services are controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

5.8Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

5.9Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

5.10Questions, Complaints, Claims, Permissions. If you have any questions, complaints, or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns. For usage and/or reprint permission requests, please email [email protected].

5.11California Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

6.Termination of Usage Rights

6.1 These Terms and Conditions will continue to apply to your use of the Site and your access to and use of the materials and Branding on the Site unless and until MOLFU notifies you that your access has been terminated and your account has been closed. MOLFU reserves the right to close your account and block your access to the Site and the materials and Branding on the Site at any time in its sole discretion, but is only likely to do so if it considers that you have materially failed to comply with these Terms and Conditions.
6.2 Upon closure of your MOLFU account you must immediately stop using all materials and Branding obtained from the Site and all copies thereof, if required by MOLFU to do so.

7.Severability

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

8.Jurisdiction

8.1 The Site is controlled and operated by MOLFU from its offices in the United Kingdom. MOLFU makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

9.Email Disclaimer

9.1 The contents of any email (including attachments) sent from MOLFU are confidential and subject to copyright. It is intended only for the use of the individual or entity to which it is addressed. If you have received an email in error, please contact the sender immediately by returning the email or by and asking to speak to the sender, and then delete it (including any attachments) from your system. If you are not the intended recipient of the email, any disclosure, copying, distribution or use of its contents is strictly prohibited.
9.2 MOLFU uses anti-virus technology to check all outgoing messages but cannot guarantee the absence of viruses and MOLFU does not accept liability for any virus introduced by any email or any attachment and you are advised to use appropriate and up-to-date virus checking software.
9.3 MOLFU cannot accept any responsibility for the accuracy or completeness of the contents of any email as it has been transmitted over a public network and Internet communications are not secure. If verification is required, please request a hard copy.
9.4 Except where the email is sent in the usual course of business, the views and opinions expressed in any email message are those of the individual sender and do not necessarily reflect the views and opinions of MOLFU.
9.5 MOLFU reserves the right to monitor incoming and outgoing emails in accordance with the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 and / or for the purposes of quality control and / or training purposes.
9.6 Email is sent to the recipient at the request of, or in response to, the intended recipient’s expressed interest in MOLFU activities. MOLFU wishes to retain your contact information for the purpose of making future contact with you about MOLFU’s activities and aims. If you do not wish your contact information to be kept, you may let MOLFU know by sending an email to [email protected] with your specific request to opt-out of such contacts.