The following terms of service (the "Terms of Service"), stipulate the terms and conditions pursuant to which maudau Ltd. ("maudau"), makes available its proprietary back-office located at http://mng.maudau.com and licenses to you its proprietary implementation code that you should install on your web-site and/or integrated into your mobile applications, to enable your use of the various features offered by maudau (collectively, the "Software"). Your use of the Software is expressly conditioned on your acceptance and compliance with these Terms of Service. By clicking, accessing or using the Software, you are indicating that you agree to be bound by these Terms of Service. maudau reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel any feature of the Software, including making any of the changes in its general practices and policies from time to time. maudau may, in its sole discretion, make changes to these Terms of Service, from time to time. Each time changes are made to these Terms of Service, a revised version thereof will be posted on this page. Your continued use of the Software, following such posting of changes constitutes your acceptance of any such changes.
You can review and are encouraged to check, from time to time, the most current version of these Terms of Service on this page. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version.
You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
Use of the Software
Password and User ID and User Account
In order to use the Software, you need to choose a User ID and a password ("User Account"). You agree to keep the User Account confidential, and notify maudau in writing of any unauthorized and/or fraudulent use of your User Account. maudau will not be liable for any unauthorized or fraudulent use of your User ID or password.
You agree to indemnify, defend and hold maudau, its officers, directors, employees, affiliates and agents, harmless from any and all claims, losses, damages and expenses (including reasonable attorneys fees) by, or on behalf of you, resulting from the use of the Software and/or the User Account.
Without limiting from any other remedies, maudau reserves the right, in appropriate circumstances, as per its sole discretion, to limit, suspend or terminate User Accounts that have been using the Software in contradiction to theses Terms of Service and/or any other terms provided by maudau. maudau further reserves the right to cancel User Accounts that have been inactive for a long time.
Use of the Software allows the submission of content, including but not limited to, contact information, logos, trademarks, bar design and other relevant information which you choose to make available through the Software ("User Submissions"). You understand that maudau does not guarantee any confidentiality with respect to any User Submissions. You agree that any content provided in connection with the Software is provided on a non-proprietary, non-exclusive and non-confidential basis.
By submitting the User Submission you represent and warrant that: (i) you own, or have the necessary rights and permissions to use and authorize maudau to use all Intellectual Property Rights (as defined below), in and to any User Submissions, or, alternatively, that your User Submissions do not contain proprietary information, (ii) Your User Submissions do not contain confidential information, (iii) maudau is not under any obligation of confidentiality, express or implied, with respect to the User Submission, nor is maudau under any obligation to verify the authenticity and/or accuracy of such User Submissions.
You further confirm and acknowledge that maudau may use and/or make available to other users of the Software, any non-identifiable User Submission, such as bar design, you have provided or created through the Software.
"Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
Credits, Fees and Payments
While using the various features made available by the Software, you can earn credits calculated on the click ratio of your banner. For more information about such credits and how they are being accumulated and used, please refer to http://mng.maudau.com/management/HowDoesItWork.
Payment for the license to use the Software and its Paid Features, consists of the following: (a) allocating advertising space on the 20 lower pixels of the maudau banner, and (b) license fees paid in advance, through the method of your choice - as agreed upon on a case-by-case basis with maudau. through
You are solely responsible for paying all fees and applicable taxes associated with use of the Software.
The Software, or any part thereof, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose, without obtaining the prior written approval of maudau. Unless specifically authorized, you may not use and/or exploit any of the information available through the use of the Software.
maudau retains sole and exclusive ownership of all rights, title and interests in the Software and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Software and the technology related thereto. This provision shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Software (or any part thereof), other than as expressly authorized.
maudauTM and daumauTM are the trademarks of maudau. All trademarks, service marks, product names, and logos appearing on maudau's website are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on maudau's website without its owner's prior written consent.
maudau shall be entitled to use or display any trademark, service mark, product name, trade name, or logo delivered to maudau as part of the User Submissions and, subject to your prior written approval, for promotional purposes.
Disclaimer of Warranties
THE LICENSE FOR THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAUDAU EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND/OR QUALITY OF SERVICE. MAUDAU MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPOSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR DATA STORED ON IT, AND TO ANY DAMAGES TO RECIPIENTS' COMPUTER SYSTEMS OR DATA STORED ON RECIPIENTS' COMPUTER SYSTEMS. IN NO EVENT WILL MAUDAU BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ADDITION TO THE ABOVE, MAUDAU GIVES NO WARRANTY REGARDING THE ONGOING NON-INTERPUTABLE AVAILABILITY OF THE SOFTWARE OR THE TIMES AT WHICH IT WILL BE AVAILABLE.