By using Ben Mudge Community, a product offered by Ben Mudge Ltd (a registered company in Northern Ireland NI654984) you are legally bound to the terms of this agreement.
- The website provided at https://benmudge.com, it's API or any associated subdomain
- Agreement, Terms, Terms of Service
- This document located at https://benmudge.com/terms, titled "Terms of Service Agreement"
- You, User, Customer
- Any individual, business or organisation that has accepted these Terms by using or with intent to use the Ben Mudge Community Service
- The Ben Mudge Community website located at https://benmudge.com and any valid subdomains
- Security Policy
- The security policy located at https://benmudge.com/security
Acceptance of Terms
By using the Ben Mudge Community Service in any form You submit to being bound by these Terms and any additional terms and conditions in any policies mentioned in or linked to in this Agreement.
If You are acting on behalf of a company or other legal entity with authority, its affiliates and all users who access the Ben Mudge Community Service through Your account are bound to these Terms.
You are responsible for protecting Your Ben Mudge Community email addresses, usernames and passwords. Ben Mudge Community will not be held liable for any losses or damages arising from Your failure to maintain the serucity of such credentials.
Updating Terms of Service
Ben Mudge Community reserves the right to update, modify or replace any of these Terms, suspend or discontinue the Service at any time by posting a notice on the homepage or informing You via Email. Ben Mudge Community may also impose a restriction on an parts of the Website or features without notice or liability.
Your continued use of the Service constitutes acceptance of any changes in Terms and you are responsible to check from time to time of chagnes in this Agreement.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Ben Mudge Community a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Email may not be used to provide notice
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
Third party services
You acknowledge that Ben Mudge Community uses third party services to provision the necessary servers and services required to run the Service and cannot be held responsible for any interruption to the Service as a result of these third party services.
You expressly agree not to use the Service for any purpose that is prohibited by this Agreement.
As an example, but not limited to, You agree not to take any action through the Service that:
- Infringes any patent, trademark, copyright or trade secret.
- You know is misleading or dishonest
- Is illegal, abusive, harassing, deceptive, fraudulent, obscene, offensive, profane or invasive of another parties privacy.
- Contains malitious software or viruses designed to cause harm, disruption or gain unauthorised access to any system, data, account of Ben Mudge Community, Stripe or any other platform.
- Falsy respresents You, or impersonates any other party.
- Bypass any software, hardware or physical security measures Ben Mudge Community has put in place to restrict access to the System
- Uses automated software to create accounts, crawl or harvest data from the Service
- Places an unreasonable load (as determined by Ben Mudge Community) on Ben Mudge Community's servers or network.
Ben Mudge Community does not guarantee uninterrupted access and operation of the Service. From time to time there may be service disruptions outside Ben Mudge Community’s control.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES;
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a merchant of a good, product or service that you pay using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Northern Ireland.