- Copyright and Proprietary Rights
The Hub is the property of the Mojaloop Foundation and is protected by United States and international copyright laws. All copyright, trademark, and other proprietary rights in the Hub and in the software, text, graphics, design elements, audio and all other materials originated or used by the Mojaloop Foundation or via the Hub (the “Content”) are reserved to the Mojaloop Foundation and its licensors.
- Use of the Content
The Mojaloop Foundation authorizes you to download or copy the Content, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials and that you comply strictly with these Terms. You may not modify, edit or take out of context the Content such that its use creates a false or misleading statement or impression as to the positions, statements or actions of the Mojaloop Foundation. Except as specifically permitted pursuant to Section 3 below, you may not use the Content for any commercial purposes. If you breach any of these Terms, your authorization to use the Hub automatically terminates and you must immediately destroy any downloaded or printed materials.
- Linking to the Hub
The Mojaloop Foundation may accept or reject any request to link to or mirror the Hub. Under most circumstances, links to the Hub are permitted, provided that you comply with the following requirements:
- You may not frame or alter the appearance of the Hub.
- You may not state or imply that the Mojaloop Foundation endorses, sponsors or otherwise approves your site or any other sites.
- You may not use any of the Mojaloop Foundation trademarks or logos, or those of its licensors (collectively, “Marks”), without the prior written consent of the Mojaloop Foundation or its licensors.
- You may link to specific parts of the Hub, but the responsibility of keeping these links updated remains with you. The Mojaloop Foundation retains the right to delete or relocate any links, products, services, software, or any other part of the Hub without notice to you.
- You may mirror the Hub only for your internal use. Any commercial use or implied use of a mirror is strictly prohibited. If you choose to mirror the Hub for your internal use, you hereby agree to update the mirror on at least a daily basis.
- You may use the title of the Hub’s pages only in the hyperlink to that specific page. You may not use the title in any descriptive terms or in referencing any other pages on your own site or any other site(s).
- You may not copy text from the Hub verbatim, nor are you permitted to translate the text verbatim into any other language.
- You may not present false information about the Mojaloop Foundation nor make negative or disparaging references regarding the Mojaloop Foundation.
- You acknowledge the validity of the Mojaloop Foundation’s ownership or rights in all Marks and will not contest such ownership, rights, or the validity of any registrations of the Mojaloop Foundation and its licensors relating to the Marks. If you acquire any goodwill or reputation in any of the Marks, all such goodwill or reputation will automatically vest in the Mojaloop Foundation or its licensors when and as such goodwill or reputation occurs. You agree to take all actions necessary to effect such vesting.
- You are prohibited from using the Marks or any names, marks or other materials in a manner which is likely to cause confusion with, dilute or damage the reputation or image of the Mojaloop Foundation or its licensors.
- You must abide by all of the Terms set forth herein.
The Mojaloop Foundation reserves the right to terminate this consent to use its Marks and/or link to the Hub. You agree to immediately cease and desist using the Marks and/or linking to the Hub upon written or electronic request from the Mojaloop Foundation.
The trademarks, logos, and service marks not owned on behalf of the Mojaloop Foundation and that may be displayed on the Hub are the registered and unregistered marks of their respective owners. No rights are granted by the Mojaloop Foundation to use such marks, whether by implication, estoppel, or otherwise.
- Links from the Hub to other Websites
Some links used on the Hub will take you outside of the Hub. Although these links were established to provide you with access to useful information, the Mojaloop Foundation does not control and is not responsible for any of these sites or their contents. The Mojaloop Foundation does not endorse or make any representations about using such third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Hub, you do this entirely at your own risk. Links to these sites from the Hub may be discontinued by the Mojaloop Foundation in its sole discretion at any time for any reason.
- User Forums
The Mojaloop Foundation may, but is not obligated to, monitor or review any areas on the Hub where users may transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. The Mojaloop Foundation, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any such materials may be removed by the Mojaloop Foundation at any time for any reason. If you send a message to us, such as, but not limited to, an e-mail, you hereby grant to the Mojaloop Foundation the right to read, use, distribute, disclose and otherwise handle the communications as the Mojaloop Foundation deems appropriate in its sole judgment. You are hereby advised that no facilities are provided by the Hub for sending or receiving confidential communications.
- Prohibited Actions
You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and the Mojaloop Foundation reserves the right to determine what types of conduct it considers to be inappropriate use of the Hub. In the case of inappropriate use, the Mojaloop Foundation may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that you will not:
- Use the Hub or Content for any purpose or to take any actions in violation of local, state, national or international laws, regulations, codes or rules.
- Violate any code of conduct or other guidelines which may apply to any part of the Hub.
- Take any action that places an unreasonable or disproportionately large load on the Hub’s infrastructure or otherwise that may adversely affect performance of the Hub or restrict any other user or the Mojaloop Foundation from using or enjoying the Hub.
- Use the Hub for unauthorized framing or linking, or via automated devices, bots, agents, crawl, scraping, scripts, intelligent search or any similar means of access to Content.
- Aggregate, copy, duplicate, publish or make available any Content to third parties outside the Hub in any manner, except as explicitly allowed in these Terms.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicity) of others, or impersonating anyone else or misrepresenting your identity of affiliation.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, harassing, infringing, obscene, indecent or unlawful topic, name, material, content or information.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
- Upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Use the Hub to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
- Harvest or otherwise collect information about others, including without limitation email addresses or other contact information, without their consent, or hack or violate any security measures.
- Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
- Engage in any other action that, in the judgment of the Mojaloop Foundation, exposes it or any third party to potential liability or detriment of any type.
No warranties of any kind are made with respect to the Hub and the Content. ALL INFORMATION PROVIDED AT THE HUB IS PROVIDED ‘AS IS’ WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The Mojaloop Foundation further does not warrant the accuracy and completeness of the Content at the Hub. The Mojaloop Foundation may make changes to the Content at the Hub, to the location of the Hub, or may discontinue the Hub at any time without notice. The Content at the Hub may be out of date, and the Mojaloop Foundation makes no commitment to update the Content at the Hub. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
- DMCA Copyright Notice and Takedown Policy
If you are a copyright owner and you believe your work has been copied and used improperly on the Hub, please contact our copyright compliance officer. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement on the Hub; (3) your contact information including address, telephone number and email address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Contact our copyright agent at: Mojaloop Foundation, c/o [AGENT NAME], [AGENT ADDRESS], [CONTACT EMAIL], [CONTACT PHONE].
Please note that under Section 512(f) of the Digital Millennium Copyright Act (“DMCA”), any person who knowingly and materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Hub is infringing, we suggest that you contact an attorney prior to sending notice.
- Export Controls
Your use of the Hub must comply with all applicable laws including, but not limited to, rules and regulations that govern the export of technical data.
- Choice of Law, Jurisdiction and Enforcement
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without reference to any conflict of law principles. You hereby consent to venue in and jurisdiction of the state and federal courts sitting in the State of Delaware. Notwithstanding anything to the contrary, the Mojaloop Foundation shall have the right to elect in its sole discretion the forum for any lawsuit arising hereunder brought by the Mojaloop Foundation. Because you shall have access to the Marks and other valuable proprietary materials of the Mojaloop Foundation, you agree that the Mojaloop Foundation shall have the right to enforce these Terms and any of its provisions by injunction (without being required to show any actual damage or to post an injunction bond), specific performance or any other equitable relief without prejudice to any other rights and remedies that the Mojaloop Foundation may have for the breach of these Terms. If any provision of these Terms is for any reason found by a court of competent jurisdiction to be unenforceable, the remainder of these Terms shall continue in full force and effect.
- Limitation of Liability
IN NO EVENT WILL THE MOJALOOP FOUNDATION, ITS SUPPLIERS, AGENTS, CONTRACTORS OR OTHER THIRD PARTIES MENTIONED AT THE HUB BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE HUB, ANY WEBSITES LINKED TO THE HUB, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Claims
Any action on any claim against the Mojaloop Foundation must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
- Personal Data & Privacy
The Mojaloop Foundation may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Hub.
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