Welcome to the Munathara Initiative ("Munathara").
Acceptance
By accessing or using the Munathara.com website, you agree that you understand both these terms and conditions ("Terms of Use") and the Munathara Privacy Policy, found at [www.Munathara.com/Privacy], and that you accept and agree to be bound by the terms and provisions of Terms of Use and the Privacy Policy.
Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version at [www.Munathara.com/Terms]. Munathara reserves the right, at our discretion, to modify, add or delete portions of these terms at any time.
We grant you the right to access the Munathara content in the manner described in these Terms of Use. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Munathara content, except as permitted by the doctrine of fair use or as authorized in writing by us.
User Content and Contributions to Munathara
As between you and Munathara, you own the Content you provide Munathara under these Terms of Use. "Content" includes text, graphics, photos, sounds, music, videos, and audiovisual combinations. Furthermore, by providing Content to Munathara, you grant Munathara an unrestricted, nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to Munathara to copy, distribute, transmit, display, publish, remove, retain, prepare derivative works of, improve, translate and reformat, process, analyze, use and commercialize, in any way now known or in the future discovered, any Content that you provide, and to publish your name in connection with your Content, without any further consent of or notice to you or to any third parties. No compensation will be paid to you or any third party with respect to the use of your Content, as provided herein. Pursuant to this license, Munathara may grant other users and/or visitors access and share rights to your Content and information in accordance with these Terms of Use. Munathara reserves the right to remove any Content from the Munathara website at any time that Munathara believes in its sole discretion to be contrary to the Terms of Use.
Any Content you submit to Munathara is at your own risk of loss. By providing Content to Munathara, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any copyright, trademark, trade secret or any other personal or proprietary right of any other party).
User Rights
On the condition that you comply with all your obligations under these Terms of Use, including, but not limited to the Eligibility requirements, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access Munathara, through a generally available web browser, mobile device or Munathara authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Munathara or its users), to view content and information and otherwise use Munathara, to the extent intended and permitted by the functionality thereof, the user's settings and your degree of connection with them, in accordance with these Terms of Use. Any other use of Munathara contrary to our mission and purpose (such using information gathered from Munathara commercially unless expressly authorized by Munathara) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Munathara and all related items, including any and all copies made of the Munathara website.
Eligibility
To be eligible to use the Munathara website, you must meet the following criteria and warrant that you: (1) are 14 years old or older; (2) will not create more than one personal account; (3) will keep your contact information accurate and up-to-date; (4) will not provide any false personal information on Munathara, or create an account for anyone other than yourself without permission from that party; (5) will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; (6) will not use the Munathara website for any purpose that is unlawful or prohibited by these terms, conditions, and notices; (8) will not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or violates any law (9) will abide by all applicable laws and regulations in connection with your use of the Munathara website, including those related to data privacy and the transmission of personal data, and will not violate the rights of Munathara or any third party, including intellectual property rights such as copyright or trademark; and (10) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Munathara website.
As a condition of your use of Munathara, you shall: (a) notify Munathara immediately of any unauthorized use of any password, or account information, or any other known or suspected breach of security; (b) report to Munathara immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you to infringe the intellectual property rights of any other third party.
Munathara Intellectual Property
The Munathara website includes content subject to Munathara copyrights, trademarks and other intellectual property rights and, except for the limited license granted to you above, Munathara reserves all of its intellectual property rights. "Munathara" and the Munathara logo and other Munathara trademarks, service marks, graphics, and logos used in connection with Munathara are trademarks or registered trademarks of Munathara in the U.S. and/or other countries. Other trademarks and logos used in connection with Munathara may be the trademarks of their respective owners. These Terms of Use does not grant you any right or license with respect to any such trademarks and logos.
Digital Millennium Copyright Act Procedure
We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on Munathara that we deem to be infringing the copyright of others. If you become aware of user content on Munathara that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to Munathara.
Any DMCA request should be sent to this contact information:
Munathara Communications Director
PO Box 33992, Washington, DC 20033, USA
contact@munathara.com
Please include the following information in your DMCA request:
• Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
• The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
• Your name, address, telephone number and email address;
• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please be aware that misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA.
If you believe User Content was wrongly removed from Munathara due to a DMCA request, you may request a copy of the DMCA notice and you may file a counter-notification by sending us the following:
• Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
• A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your physical or electronic signature;
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
Privacy Policy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Munathara to share with others and how we collect and can use your Content. We encourage you to click
Interaction with Third Party Content and External Links
By using Munathara, you may be exposed to other users’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other users or third party content or information or for any damage of any kind incurred as result of your reliance thereon.
Munathara’s website provides many links to web sites maintained by third parties. The linked sites are not under the control of Munathara, and Munathara is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, links, advertising, products or other materials on or available from such sites. Munathara is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Munathara of the site. When you access these third-party sites, you do so at your own risk. Munathara shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site. Munathara reserves the right to remove a link at any time. You are responsible for evaluating whether you want to access or use a third party site. You should review any applicable terms or privacy policy of a third party site or before using it or sharing any information with it, because you may give the third-party permission to use your information in ways that we would not.
Indemnity
You agree to indemnify and hold Munathara, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to: (i) your use of and access to the Munathara website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any copyright, property, or privacy right or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination of these Terms of Use and your use of the Munathara website.
Warranty Disclaimer
MUNATHARA PROVIDES THE MUNATHARA WEBSITE AND THE SERVICES THEREIN ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUNATHARA DOES NOT CONTROL OR VET USER-GENERATED CONTENT FOR ACCURACY. MUNATHARA DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. USE OF THE MUNATHARA WEBSITE IS AT YOUR SOLE RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUNATHARA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF (OR THE INABILITY TO USE) THE MUNATHARA WEBSITE AND ITS CONTENTS, OR A SITE LINKED TO THE MUNATHARA WEBSITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION, OR OTHERWISE ARISING OUT OF THE USE OF THE MUNATHARA WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MUNATHARA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED OR HARMED BY MUNATHARA OR ANY PORTION OF THE MUNATHARA WEBSITE, YOU MAY CLOSE YOUR MUNATHARA ACCOUNT AND DISCONTINUE USING THE MUNATHARA WEBSITE, AND SUCH DISCONTINUANCE SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Termination
Munathara, in its sole discretion, at any time, with or without notice, may suspend or terminate your access to the Munathara website, suspend or terminate your account and/or remove any of your Content from the Munathara website.
Arbitration
For any dispute you have with Munathara, you agree to first contact us and attempt to resolve the dispute with us informally. If Munathara is not able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MUNATHARA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous
• Relationships. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Munathara as a result of these Terms of Use or use of the Munathara website.
• Legal Compliance. Munathara's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Munathara's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Munathara website or information provided to or gathered by Munathara with respect to such use.
• Severability. If for any reason any provision of these Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of these Terms of Use will continue in full force and effect.
• Entire Agreement. These Terms of Use makes up the entire agreement between the parties regarding the Munathara website, and supersedes any prior agreements.
• No Waiver. A modification or waiver of a part of these Terms of Use may only be made in writing by Munathara and shall not constitute a waiver or modification of any other portion of these Terms of Use.
• Amendments to This Agreement. We reserve the right to modify, supplement, or replace the terms under which the Munathara website is offered, including but not limited to the charges associated with the use of the Munathara website, effective prospectively upon posting on the Munathara website or notifying you otherwise. Your continued use of the Munathara website after Munathara posts a revised Terms of Use or otherwise notifies you. You should therefore review these Terms of Use [http://www.Munathara.com/ /Terms] regularly or when we notify you of any changes to ensure you are updated as to such changes.
• Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Munathara without restriction.
• Governing law. These Terms of Use shall be governed by and construed under Virginia State law without regard to its choice of law rules, and, where applicable, the laws of the United States.