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May 3, 2022
MANDELAVERSE DISCORD

Privacy Policy

MITHDIMENSIONS understands the importance of privacy regarding your information. Please see our Privacy Policy posted on our Site, as amended or added to the Site, from time to time, for a description of how we may collect, use and disclose your personal information made available to MITHDIMENSIONS via the Site.  Our Privacy Policy is incorporated into, and expressly made a part of, these Terms.   

Eligibility

In order to use the Site, the following must be true:

You understand and agree that satisfying the above requirements does not guarantee that you may use the Site.  In addition to the above requirements,  MITHDIMENSIONS reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.

Restrictions on Use

You will not use, or encourage or permit others to use, our Site except as expressly permitted in these Terms.  You will not:

Intellectual property

Throughout these Terms, “Site Content” means any and all content on (or displayed, made available, or received on or through) the Site, including, without limitation, the text, software, scripts, information, data, graphics, photos, sounds, music, videos, materials, images, likenesses, interactive features, Trademarks, and the like (and the selection, design, and arrangement of any and all of the foregoing).

The Site, the Site Content, and all intellectual property rights therein, are owned by MITHDIMENSIONS, its licensors, or other providers and are protected by the patent, copyright, trademark, trade secret, and other intellectual property laws of the United States and other jurisdictions.  As between you and MITHDIMENSIONS, MITHDIMENSIONS shall own all right, title, and interest in and to (a) the Site, its look and feel, selection and arrangements, features and functionality, and all underlying software, algorithms and technology thereof, (b) the Site Content, (c) the Trademarks (as defined below), (d) all improvements or derivative works of any and all of the foregoing, and (e) all intellectual property rights in and to any and all of the foregoing. The Site is provided for your personal, non-commercial use only, on a limited, revocable, nonexclusive and nontransferable basis, in accordance with these Terms. You may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, transfer, license, modify, create derivative works of, or otherwise exploit the Site or any Site Content for any other purposes whatsoever without the prior written consent of MITHDIMENSIONS, its licensors or other providers (as applicable).  Nothing in these Terms transfers, conveys, or licenses to you any other right, title or interest in or to the Site or any Site Content, or other intellectual property rights owned by or licensed to MITHDIMENSIONS. All rights not expressly granted to you in these Terms are reserved and retained by MITHDIMENSIONS, its licensors or other providers (as applicable).

Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, names, service marks or logos (“Trademarks”) of MITHDIMENSIONS, its licensors or other providers.  You are not authorized to use any such Trademarks without the express written permission of MITHDIMENSIONS, its licensors or other providers (as applicable). Ownership of all such Trademarks and the goodwill associated therewith remains with MITHDIMENSIONS, its licensors, or other providers.

Certain data arising from your use of the Site may be transmitted to MITHDIMENSIONS.  You hereby consent to MITHDIMENSIONS’s use of such data for any purpose not prohibited by law, subject to MITHDIMENSIONS’s privacy policy with respect to such data that constitutes personal data.

Monitoring; Termination of Access

The Site may contain technological measures that are designed to monitor or prevent use of the Site and you may not modify, revise, disable, circumvent, or otherwise impede any such measures or any security features.

MITHDIMENSIONS has the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Communications; FEEDBACK

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information.

You may from time to time provide feedback, comments, suggestions, questions, ideas, or other information to MITHDIMENSIONS via email or otherwise (“Feedback”), including Feedback concerning the Site or MITHDIMENSIONS’s products, services, technology, techniques, processes or materials.  MITHDIMENSIONS may freely use, copy, disclose, license, distribute and otherwise exploit such Feedback, including without limitation any data, concepts, know-how, or techniques contained therein, in any manner and for any purpose, including for improving and developing the Site and MITHDIMENSIONS’s products and services, without any obligation, payment, royalty or restriction, and without any attribution to you.

Links to Third-Party Hyperlinks and Site

The Site may contain hyperlinks or references to other websites operated by third parties (“Linked Sites”).  We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of any Linked Site or any association with its operators.  Your use of any Linked Site is at your own risk and subject to the terms and conditions of use for such Linked Site.  YOU UNDERSTAND AND AGREE THAT MITHDIMENSIONS IS NOT LIABLE IN ANY WAY, EITHER DIRECTLY OR INDIRECTLY, FOR ANY LOSSES, DAMAGES, OR CLAIMS OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF, RELATED TO (DIRECTLY OR INDIRECTLY), OR CONNECTED WITH ANY LINKED SITE OR THE PRODUCTS, SERVICES, OR CONTENT THEREON.  YOU UNDERSTAND AND AGREE THAT ONLY THESE TERMS AND THE OTHER AGREEMENTS (AS APPLICABLE) WILL APPLY TO YOUR USE OF OR ACCESS TO THE SITE.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, MITHDIMENSIONS AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS, AND LICENSORS, (COLLECTIVELY, THE “MITHDIMENSIONS PARTIES” AND EACH A “MITHDIMENSIONS PARTY”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SITE CONTENT, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FREEDOM FROM DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, QUALITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY.  WITHOUT LIMITING THE FOREGOING, NO MITHDIMENSIONS PARTY REPRESENTS OR WARRANTS THAT THE SITE OR SITE CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, THAT DEFECTS CAN OR WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SITE CONTENT WILL OTHERWISE MEET YOUR REQUIREMENTS, NEEDS OR EXPECTATIONS.  NO MITHDIMENSIONS PARTY MAKES ANY REPRESENTATION OR WARRANTY THAT YOUR USE OF THE SITE OR SITE CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS AND, TO THE EXTENT PERMITTED BY LAW, RIGHTS OF PRIVACY.  NO MITHDIMENSIONS PARTY WARRANTS THE APPROPRIATENESS OF THE SITE OR SITE CONTENT FOR ANY PARTICULAR SYSTEM OR APPLICATION OR THE ACCURACY OF THE SITE OR SITE CONTENT.  YOU ASSUME THE ENTIRE RISK, AND MITHDIMENSIONS DISCLAIMS ALL LIABILITY, AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND SITE CONTENT.  THE SITE OR SITE CONTENT MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER ERRORS, OR OMISSIONS.  NO MITHDIMENSIONS PARTY IS RESPONSIBLE FOR ANY SUCH INACCURACIES, TYPOGRAPHICAL ERRORS, OR OTHER ERRORS OR OMISSIONS.  

YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND SITE CONTENT MAY CONTAIN OR BE BASED ON THIRD PARTY INFORMATION, DATA, OR CONTENT, AND THAT MITHDIMENSIONS SHALL HAVE NO LIABILITY FOR SUCH THIRD PARTY INFORMATION, DATA, OR CONTENT.  NO MITHDIMENSIONS PARTY WARRANTS THAT THE SITE OR SITE CONTENT WILL ACCURATELY EMBODY OR REFLECT ANY INFORMATION, DATA, OR CONTENT.  nO MITHDIMENSIONS PARTY MAKES ANY REPRESENTATION OR WARRANTY, AND EACH MITHDIMENSIONS PARTY SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUCH INFORMATION, DATA, OR CONTENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE NATURE OF ANY CLAIM WILL ANY MITHDIMENSIONS PARTY BE LIABLE TO YOU FOR ANY AMOUNT WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR PROFITS, COMPUTER OR DEVICE FAILURE OR MALFUNCTION OR LOSSES, CLAIMS OR DAMAGES RESULTING FROM LOST DATA, BUSINESS INTERRUPTION ACCESS OR USE THE SITE OR SITE CONTENT, EVEN IF ANY MITHDIMENSIONS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, CLAIMS OR DAMAGES.  TO THE EXTENT THE MITHDIMENSIONS PARTIES’ LIABILITY IS NOT ALREADY EXCLUDED IN THE FOREGOING SENTENCE, IN NO EVENT WILL THE MITHDIMENSIONS PARTIES’ LIABILITY TO YOU, FROM ANY CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY IN CONNECTION WITH THE SITE OR SITE CONTENT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100) IN THE AGGREGATE.

FOR CLARITY, THESE LIMITATIONS OF LIABILITY ARE IN ADDITION TO THE LIMITATIONS OF LIABILITY ELSEWHERE IN THESE TERMS AND THE OTHER AGREEMENTS.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE MITHDIMENSIONS PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF THESE TERMS OR AN OTHER AGREEMENT.

Modifications to the Site

MITHDIMENSIONS RESERVES THE RIGHT AT ANY TIME AND FOR ANY REASON TO MODIFY, CHANGE, MAKE IMPROVEMENTS TO, OR TEMPORARILY OR PERMANENTLY DISCONTINUE, THE SITE OR SITE CONTENT, OR ANY PORTION THEREOF, WITH OR WITHOUT NOTICE.  YOU AGREE THAT MITHDIMENSIONS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SITE.

Miscellaneous

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.  Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures.  You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.  The word “including” (and variations thereof) is not intended to be limiting.  Unless the context requires a contrary construction, the singular includes the plural, the plural includes the singular, and the word “or” shall be inclusive and not exclusive.

The Site are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the State of Colorado without regard to conflicts of law principles.

BINDING Arbitration; WAIVER OF JURY TRIAL; CLASS ACTION WAIVER

YOU AND MITHDIMENSIONS HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, CLAIM, SUIT, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS, A PRIMARY SALE, A SECONDARY SALE, A MANDELAVERSE NFT, AND/OR OR ANY CONTENT OR INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN OR ASSOCIATED THEREWITH (“DISPUTES”).

INSTEAD OF A JURY TRIAL, YOU AND MITHDIMENSIONS ARE ELECTING TO RESOLVE ALL DISPUTES BY ARBITRATION, EXCEPT EITHER PARTY MAY BRING A CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO LIMITED REVIEW.  

The arbitration shall be administered by the American Arbitration Association and held in Denver, Colorado before a single arbitrator, in accordance with the then-current American Arbitration Association Commercial Arbitration Rules and the Federal Arbitration Act as modified by the terms and conditions contained in this paragraph.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association.  The arbitrator shall issue a written opinion stating the essential findings and conclusions on which the arbitrator’s award is based.  The parties will equally pay the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorney’s fees and other expenses to the same extent as if the matter were being heard in court).  However, the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party. Any dispute as to who is a prevailing party or the reasonableness of any fee or costs shall be resolved by the arbitrator.  This agreement to arbitrate is freely negotiated between MITHDIMENSIONS and you and is mutually entered into between the parties.

EACH PARTY FULLY UNDERSTANDS AND AGREES THAT THEY ARE GIVING UP CERTAIN RIGHTS OTHERWISE AFFORDED TO THEM BY CIVIL COURT ACTIONS, INCLUDING BUT NOT LIMITED TO THE RIGHT TO A JURY TRIAL.

YOU AND MITHDIMENSIONS AGREE THAT EACH OF YOU AND MITHDIMENSIONS MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.  ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER.  

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IF A COURT OF COMPETENT JURISDICTION REACHES A FINAL, NON-APPEALABLE ORDER THAT THE LIMITATIONS OF THIS SUBSECTION ARE INVALID OR UNENFORCEABLE AS TO A PARTICULAR DISPUTE (OR INDIVIDUAL CLAIM WITHIN A DISPUTE), YOU AND MITHDIMENSIONS AGREE THAT SUCH DISPUTE OR CLAIM SHALL BE SEVERED FROM ARBITRATION AND MAY BE LITIGATED IN THE STATE OR FEDERAL COURTS OF COLORADO, COUNTY OF DENVER, AND YOU AND MITHDIMENSIONS AGREE TO WAIVE ANY ARGUMENT THAT SUCH COURTS DO NOT HAVE PERSONAL JURISDICTION OR ARE AN IMPROPER VENUE.  

Contact Information

If you have any questions about these Terms, please contact info@mandelaverse.io.