Morphodonia Ltd. Terms of Use

Acceptance of Terms Thank you for your interest in Morphodonia Ltd (“We”, “Us”, “Our”) products offered through our website (“Site”). Our Terms of Use (“Terms” or “Agreement”) is meant to explain the guidelines and rules between Us and You. By using our Site you accept these Terms, which forms a binding agreement between you and Us. Please also read and understand Our Privacy Policy, which is incorporated by reference into this Agreement and is available on Our Site.

 

IF YOUDO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND LEGAL DISCLAIMERS, YOU ARE NOT AUTHORIZED TO USE THIS SITE.

 

 

Who May Use the Site

 

Age Requirement. You must be at least 18 years old to use the Our Site.

 

Use of The Site

 

Site “As Is”. We provide the Site on an "as is" and "as available" basis. You therefore use the Site at your own risk. To the fullest extent permitted by law, We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, noninfringement, and any other warranty that might arise under any law. We have no obligation to screen or monitor any content and does not guarantee that any content made available on the Our Site complies with this Agreement or is suitable for all users. We shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device. Furthermore, We reserve the right to discontinue Site without cause and at any time without notification to you. We shall not be held liable by you for any discontinuation, modification, or suspension of services that results in the loss of your access or content.

Software License. For the use of our Site, We grant you a non-transferable, nonexclusive, revocable, limited license to use and access the Site on any compatible device that you own or control.

Restrictions on Use. You acknowledge that Our Site contains Content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer, sublicense, or otherwise make available the Site to any third party; (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Site, or any part thereof; (iii) access the Site for purposes of performance benchmarking; (iv) access the Site for purposes of building or marketing a competitive product; (v) use the Site to store or transmit a virus or malicious code; (vi) use a virtual private network to circumvent geographic-based pricing or content access; (vii) use the Site to transmit harmful code/viruses, bully, harass, intimidate, defame, spam, or solicit any party; (viii) upload content that contains pornography, graphic violence, threats, hate speech, incitements to violence, exploits or harms minors in any way, violates or infringes any intellectual property rights, and/or disrupts Our Site in any way; (ix) bypass or restrict access to Our service; (x) remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

No Trademark or Copyright License. Nothing contained on Our Site or these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, Site marks, and images without our express prior written consent.

 

Your Account

 

Registration. To make purchases on Our Site, you must create a User Account.

Username. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using Our Site. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at Info at Morphodonia dot com.

Termination. Unless terminated pursuant to Section 4 or upon your request, your account will remain active.

 

Term and Termination

 

Term. These Terms shall take effect the first time you access the Site and shall continue in full force and effect until termination of your account for breach or your request.

Termination for Breach. If We, in Our sole discretion, determine that you or your use of the Site violates these Terms, We may take one or more of the following actions in Our sole discretion: (i) delete your Content; (ii) suspend your access to the Site; (iii) terminate your account; (iv) permanently block you from using the Site; and/or (v) disclose your Content to appropriate government authorities. After termination, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Us and Our affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the Our Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Our Site violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in connection therewith.

 

Third Party Links and Content

 

Linked Sites. Certain links on the Our Site may let you leave the Our Site to access a linked site (the "Linked Sites"). When you are linking to a third-party site, it is important to know that We do not control these sites, nor have We reviewed or approved the content which appears on the linked sites. We are not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or Sites available on or through the linked sites.

Dealings with Third Parties. More specifically, your participation, correspondence or business dealings with any third party found on or through the Our Site (i.e., a linked site), regarding payment and delivery of specific goods, services, and Sites, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that We shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

 

Copyright / DMCA Policy

 

We respect the intellectual property of others, and we ask our users to do the same. We will promptly remove materials from the Our Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. We will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact our Copyright Agent as follows: Email: Info at Morphodonia dot com US Certified Mail: 4995 County Road 76 Parlin, Colorado 81239 USA.

General Provisions

Dispute Resolution, Arbitration and Governing Law. Except where prohibited, any dispute, claim, or controversy arising out of or relating to this Agreement, the Site, or the Site shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. Judgment upon the award rendered in arbitration shall be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover attorney fees and costs in connection with the action. You may not under any circumstances commence or maintain against Us or Our affiliates any class action, class arbitration, or other representative action or proceeding.

By using the Site or the Site in any manner, except where prohibited, you agree to the above mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Us or Our affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this arbitration agreement is for any reason held to be unenforceable, any litigation against Us may be commenced only in the federal or state courts located in Dove Creek, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and Us, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.

Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.

Successors; Assignment; No Third-Party Beneficiaries. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Our prior written consent. No third party shall have any rights hereunder.

Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from Us electronically. We may provide all such communications by email or by posting them on the Our Site. For support-related inquiries, you may send an email to Info at Morphodonia dot com. or the following address: 4995 County Road 76 Parlin, Colorado 81239 USA

Modification. This Agreement may not be modified except by a revised Terms and Conditions Site posted by Us on the Our Site or a written amendment signed by an authorized representative of Ours. A revised Terms and Conditions will be effective as of the date it is posted on the Our Site.

Entire Agreement. This Agreement incorporates the following documents by reference: 1. PRIVACY POLICY

Dated June 14, 2023