Last Updated: January 22, 2023.
Welcome to the Mustamara Labs website (the “Site”).This page explains the terms by which you may use Mustamara' content, products, software, source code and services made available through the Site (collectively, including the Site, the "Services") by Mustamara Labs, LLC ("Mustamara").
Mustamara provides the Mustamara Services to you subject to the following Terms of Use ("TOU"), which may be updated from time to time without notice to you. By accessing and using the Mustamara Services, you accept and agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services. All such guidelines or rules are hereby incorporated by reference into the TOU
Mustamara offers a wide range of Services and Products and sometimes additional terms may apply. When you use a Mustamara Service you also will be subject to the guidelines, terms and agreements applicable to that Mustamara Service ("Service Terms"). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.
You agree to use the Services only for lawful purposes and not for any illegal or unauthorized purpose. You shall not use the Services to: (1) violate any local, provincial, national or international law; (2) stalk, harass or harm another individual; (3) collect or store personal data about other users; (4) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (5) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You agree not to access, use, reproduce, duplicate, copy, sell, resell or exploit any part of the Services for any commercial purpose; or (6) use any/all information accessed by use of the services, servers or networks connected to the service for any purpose
Certain features or services offered on or through the Site may require you to open an account (including setting up a Mustamara account and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Mustamara immediately of any unauthorized use of your account, or any other breach of security. You may be held liable for losses incurred by Mustamara or any other user of or visitor to the Site due to someone else using your Mustamara account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Mustamara account at any time without the express permission and consent of the holder of that Mustamara account. Mustamara cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy which is available at http://www.mustamara.com/legal/privacy (“Privacy Policy”). By agreeing to this TOU you are agreeing to our Privacy Policy. Information, including but not limited to personal information, collected through the Site may be stored and processed in the United States or any other country in which Mustamara or its affiliates, subsidiaries or agents maintain facilities. By using the services, you consent to any such transfer of information outside of your country.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Mustamara account, which you may not be able to opt-out from receiving.
Some of Mustamara services allow users to upload, submit, store, send or receive content including but not limited to profile information, comments, questions, feedbacks,visual materials,and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the service without compensation “User Content”).All user content are the sole responsibility of the person from whom such Content originated. Mustamara does not control the Content posted via the Mustamara Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
When you upload, submit, store, send or receive content to or through Mustamara Services, you grant Mustamara a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology. This includes, without limitation, the right to incorporate or implement the Content into any Mustamara product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by Mustamara without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Mustamara's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity ; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
Except for any User Content, all other Content on the Services is either owned by or licensed to , and is subject to copyright, trade mark rights, and other intellectual property rights of Mustamara or Mustamara's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Mustamara or, where applicable, Mustamara's licensors. Mustamara and its licensors reserve all rights not expressly granted in and to their Content.
Mustamara may, without prior notice, immediately terminate, limit your access to or suspend your Mustamara account, any associated email address, and access to the Mustamara Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Mustamara Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Mustamara Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Mustamara's sole discretion and that Mustamara shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Mustamara Services.
Termination of your Mustamara account includes any or all of the following: (a) removal of access to all or part of the offerings within the Mustamara Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Mustamara Services.
You agree to indemnify and hold Mustamara and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Mustamara Services, your use of the Mustamara Services, your connection to the Mustamara Services, your violation of the TOU, or your violation of any rights of another.
YOUR USE OF THE MUSTAMARA SERVICES IS AT YOUR SOLE RISK. THE MUSTAMARA SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUSTAMARA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MUSTAMARA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (A) THE MUSTAMARA SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE MUSTAMARA SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MUSTAMARA SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MUSTAMARA SERVICES WILL MEET YOUR EXPECTATIONS; AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MUSTAMARA SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL MUSTAMARA OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE MUSTAMARA SERVICE OR ANY MATERIALS OR OTHER CONTENT PROVIDED ON OR THROUGH THIS SITE; (B) OFFENSIVE OR ILLEGAL CONDUCT OF YOU, OTHER USERS OR ANY OTHER THIRD-PARTIES; OR (C) ANY OTHER MATTER RELATING TO THE MUSTAMARA SERVICE.
Links to third-party websites are provided solely for your convenience. If you access those links, you will leave the Mustamara Services. Mustamara does not endorse or make any representations about such third party websites, and Mustamara is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Mustamara does not control those websites, and Mustamara is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.