MIDATA Terms and Conditions of Use and/or Service (TOC – TOS)
Last updated March 24, 2018.
You should carefully read the following Terms and Conditions. Your use or purchase (where applicable) of our service or products implies that you have read and accepted these Terms and Conditions.
This web site provides access to an online computer database in order to display information in the fields of relaying and analyzing user experience of products, services, people, places, things, events, ideas, etc…, as well as business and consumer complaint remediation and product and service information for the purpose of public and business user information and education.
Responsibility of Contributors
If you operate an account on this website, comment on this website, post material, images videos or media files to this website, post links on this website, or otherwise make (or allow any third party to make) material available by means of this website (any such material, ‘Content’), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, images, video, audio file, data files of any sort, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing and/or click-baiting);
- the Content is not obscene, libellous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your user name or account name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether or not requested to do so by MIDATA or otherwise.
Copyright Infringement and DMCA Policy
As MIDATA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to from MIDATA violates your copyright, you are encouraged to notify MIDATA. MIDATA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MIDATA or others, MIDATA may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MIDATA will have no obligation to provide a refund of any amounts previously paid to MIDATA, or owed by MIDATA where applicable.
This Agreement does not transfer from MUUVER Inc.or MIDATA to you any MUUVER Inc., MIDATA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MUUVER Inc.. www.muuver.com, muuver.com, the MUUVER Inc. logo, muuver™, muuvers™, muuvment™, muuvments™, muuved™, muuving™, muuvin™, muuv™, muuvs™, remuuv™, SHAAKER™, MUUCRED™, MUULAH™ and all other trademarks, service marks, graphics and logos used in connection with MUUVER Inc. or the Website are trademarks or registered trademarks of MUUVER Inc. or MUUVER Inc.’s licensors whether or not indicated. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MUUVER Inc. or third-party trademarks.
MIDATA reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time for any reason deemed suitable by MIDATA. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MIDATA may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
MIDATA may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MIDATA.io account (if you have one), you may simply discontinue using the Website. In addition, there are tools provided to delete all account information under your email or username. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The materials on the MIDATA web site are provided ‘as is’. MIDATA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MIDATA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability
In no event will MIDATA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MIDATA under this agreement during the twelve (12) month period prior to the cause of action. MIDATA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless MIDATA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
MIDATA.io is a free site for all visitors to access, including consumers and businesses. MUUVER Inc. nor MIDATA does not censor posted consumer messages, or business replies, or investigate them for accuracy.
You may or may not receive e-mail messages from others (other consumers, businesses, etc.) due to posting your message on muuver.com.
As a user of MIDATA, you acknowledge that MIDATA does not prescreen or edit posted messages. You alone are responsible for the content of your messages, and the consequences of any such messages.
When messages have been posted to MIDATA.io they are made available for public view, and made available for indexing and reproduction by third-party search engines and directories. MIDATA has no control over the content taken from MIDATA and stored or utilized by third-party sites.
A message author can delete or edit (where provided) their posted message or comment at any time, using the account tools provided on the site.
MIDATA is not responsible for the validity of the user message or complaints posted to the MIDATA.io site.
MIDATA is not responsible, in any way, for providing, or helping to provide, businesses’ responses to the consumer complaints that are posted on the MIDATA.io site, and / or forwarded to businesses.
MIDATA does not knowingly allow incorrect or factually incorrect information to remain posted, as determined only by a U.S. or Canadian court decision or opinion. If MIDATA is instructed to remove and delete a posted message by a U.S. or Canadian court, then the message will be removed and deleted.
Many reviews, comments and opinions and corresponding business replies posted to muuver.com are an historical ‘snapshot’ of an ongoing situation, as seen through the eyes and perception of both an individual consumer and the business involved, both often with incomplete or inaccurate information at their immediate disposal.
MIDATA always assumes that the consumer has a positive intent in writing their message, in helping themselves, in helping other consumers, in helping the subject business provide a better product or service.
Due to the passage of time, or other factors, posted messages may be inaccurate or incomplete or the current status of the consumer situation may be different than the situation (s) described in the posted message.
Posted messages don’t ‘expire’. Posted messages are historical, dated messages (via digital timestamp) that may be updated, edited (in some cases) or removed by the message author.
A complaint message is assumed by MIDATA to be a description of a situation experienced by a consumer. A complaint is only a personal opinion by a consumer; the consumer’s personal subjective perception. That personal perception and / or opinion based on their own personal experience, can be powerful, or meaningless, in the opinion of MIDATA, depending upon the context and content of what is written, and how that information is interpreted by whomever reads it, which of course varies from person to person, depending on who they are, their own personal experiences, biases, opinions, etc.
No conclusions are drawn by MIDATA, as to content validity. MIDATA does not automatically or manually edit, review or censor posted messages or investigate them for accuracy. MIDATA is a free Internet message board for the entire world to use to post opinions and commentary.
Posted messages should describe a personal, firsthand experience. If a person experienced something personally, that person owns that information about their perception of, and opinion about, that personal experience, and is free to discuss their opinion about that experience, as a human, citizen, and legal entity, unless previously, already contractually bound otherwise.
It is the responsibility of a message author to make sure they are not contractually bound otherwise or in conflict of interest. It is the responsibility of this message author to determine on their own if they are not allowed to discuss the subject of their complaint, if this is the case, prior to posting a message to MIDATA.io.
If the MIDATA.io site user is contractually bound not to discuss a subject, that message author takes it upon their own risk if they post a message to muuver.com about that subject, because that message will be posted on MIDATA.io for public view.
MIDATA.io is only one free resource, among hundreds, even thousands, available to consumers and businesses, on the Internet, in print, etc. MIDATA.io is intended to help consumers make better purchase decisions, and help businesses serve consumers with better products and services. These are our guiding principles. However, MIDATA.io makes no promises.
Actual results arising from the use of MIDATA.io may be positive, constructive, important and/or helpful. Or, actual results arising from the use of MIDATA.io may be negative, destructive, unimportant and/or harmful.
Visitors to MIDATA.io are free to form their own conclusions about any posted messages or content or information on our site, which is intended to be a place – and is indeed an Internet message board – for consumers and businesses to exchange information about products and services, hopefully in a constructive and meaningful way.
Each consumer message (consumer complaint) receives its own, dedicated Web page at MIDATA.io, as well as being filtered and aggregated into any list of related or filtered pages. A business reply is posted as a direct reply on the same Web page (thread) as the related consumer message. Consumer messages and business replies and comments related to those messages are grouped together on the same single Web page.
Content (consumer complaints / public messages / group posts / business replies) posted to MIDATA.io are only one single resource for consumers, for consumer to help draw their own conclusions, or not, about products, services, people, places, things, ideas, concepts, etc…
MIDATA.io and/or muuver.com has no intention or agenda but to remain impartial and independent, and simply provide a free, public Internet message board platform to foster and support communications between consumers and businesses.
MIDATA seeks to promote healthy, constructive communication between consumers and businesses. We do our best to try to achieve this goal. We make no guarantees. If anyone has any ideas about how MUUVER Inc. might better do this, we would appreciate hearing from you at our e-mail address firstname.lastname@example.org.
The messages posted to MIDATA.io are only the opinions of consumers and businesses and other site users. The complaints do not represent the opinions of muuver.com.
MIDATA.io will notify users (by sending an e-mail) of account status changes. This includes account modification and account deletion.
MIDATA.io is only a platform for users to post personal opinions, reviews, interests, tastes and sentiment; MUUVER Inc. or MIDATA.io does not lookup or provide e-mail addresses for any subject businesses mentioned on this website.
MUUVER Inc. or MIDATA.io is not responsible for helping consumers resolve their complaints. MIDATA.io is only a tool that consumers can use to try to help themselves, or to promote themselves, their business or any other subject.
MUUVER Inc. or MIDATA.io is not responsible, in any way, for providing or helping to provide businesses’ responses to the consumer complaints or kudos posted the MIDATA.io Web site.
When a message is posted to MIDATA.io, the Web page and message is indexed by search engines, which are not related to MIDATA.io. When a page is indexed, it is added to search engine’s index and can be located via a search query using that particular search engine.
When an entire post or comment is deleted from MIDATA.io (either at the instruction of a federal, provincial or state court or the author of that message, the original message writer) any search index that previously indexed that complaint may still maintain that post in its search engine document and link cache, despite that post already having been deleted from MIDATA.io.
MUUVER Inc. or MIDATA.io will not attempt to remove or update outdated links to deleted messages or references by third-party search engines, directories or Web sites to content on MIDATA.io.
By submitting a post, comment or opinion, you grant the owner of this site, MUUVER Inc. and MIDATA.io, the irrevocable, transferable, worldwide right to use, reproduce, and display any such information for any purpose commercial or otherwise without compensation to any party.