Moomkin, Inc. ("Moomkin") welcomes you. Moomkin provides the Moomkin Services (as defined below) to you subject to the following User Agreement (UA). By accessing and using the Moomkin Services, you accept and agree to be bound by the terms and provision of the UA. The UA is a legal agreement between you and Moomkin and applies to you whether you are user of the Site and Moomkin Services (defined below), a customer of Moomkin Paid Services (defined below) or a visitor just browsing the Site (collectively, "Users"). The TOS limits Moomkin’s liability and obligations to you, grant us certain rights in your Content (defined below) and allows us to change, suspend or terminate your access to and use of the Site and Moomkin Services. The UA and the other policies posted on the Site or made available via the Moomkin Services govern your access to and use of the Site and Moomkin Services, including any content, information, products or services therein.
DESCRIPTION OF MOOMKIN SERVICES
Moomkin provides Users with an online career networking platform and Paid Services, such as premium User and customer enterprise services for employers, recruiters and other business persons through its network of properties which may be accessed through its website at www.Moomkin.com ("the Site"), and various medium or devices now known or hereafter developed (collectively, the " Moomkin Services").
License and warranty for your submissions to LinkedIn.
You own the information you provide Moomkin under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Moomkin a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Moomkin, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to Moomkin, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Moomkin profile information accurate and updated.
You agree that you are responsible for your own conduct and Content while using Moomkin Services and for any consequences thereof. You agree to use Moomkin Services only for purposes that are legal, proper and in accordance with the TOS and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Moomkin Services, you will not:
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Moomkin account, (3) are not a competitor of Moomkin or are not using the Services for reasons that are in competition with Moomkin; (4) will only maintain one Moomkin account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Moomkin, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
You agree to defend, indemnify, and hold Moomkin, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Moomkin Services, Moomkin Materials and Content; (ii) your violation of the UA; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
You expressly understand and agree that:
Your use of the Moomkin service, site, materials and user content is at your sole risk. The Moomkin service, site, Moomkin materials and user content and all materials, information, products and services included therein, are provided on an "as is" and "as available" basis. Moomkin expressly disclaims all warranties of any kind, whether express or implied, relating to the Moomkin service, site, Moomkin materials and user content, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Moomkin makes no warranty that (i) the site or Moomkin services will meet your requirements, (ii) the site and Moomkin services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site or Moomkin services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the site and Moomkin services will meet your expectations, and (v) any errors in any software available through the site or Moomkin services will be corrected.
Any downloading or use of any content or material via the Moomkin services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content or material.
No advice or information, whether oral or written, obtained by you from Moomkin or through or from the site or Moomkin services shall create any warranty not expressly stated in the UA.
Sign-in and Personal Information
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your Moomkin account to another party; and (5) refrain from charging anyone for access to any portion of Moomkin, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Moomkin SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Moomkin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Moomkin SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
1. The User is obliged,
1.1 To provide only true and non-misleading statements in the User profile and in communications with other users, and to refrain from using any pseudonyms or pen names.
1.2 To post on the Moomkin Websites only photographs of the User in which the User can be clearly and plainly recognized. The User warrants and represents that the public display of the photographs delivered by the User to the Moomkin Websites is not prohibited. The User shall not upload any photographs or images of any other person than of the User, or of non-existent persons or other beings (such as animals, imaginary creatures, etc.).
1.3 To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not
Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or Moomkin personnel or other companies
Use any pornographic or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic or violence-glorifying product or products which do not comply with any applicable legislation for the protection of minors
Unreasonably annoy (particularly with spam) any other user
Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
1.4 To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:
Sending chain letters
Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or
Communicating in any insinuating or sexual way (suggestive or explicit).
2. The User is prohibited from the following:
Employing any mechanisms, software or scripts when using Moomkin Websites. However, the User may use the interfaces or software provided by Moomkin within the scope of the services available on the Moomkin Websites.
Blocking, overwriting, modifying and copying of any contents of the Moomkin Websites, unless said actions are necessary for the proper use of the services on the Moomkin Websites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
Distributing or publicly disclosing the contents of any of the Websites of Moomkin or any other user
Performing any actions which may impair the operability of Moomkin infrastructure, particularly actions which may overload said infrastructure.
What information do we collect?
We collect information from you when you register on our site or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
; To personalize your experience
(your information helps us to better respond to your individual needs)
; To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
; To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
You expressly agree that this License Agreement shall be governed by, and construed in accordance with, the laws of jurisdiction in which Licensor resides, to the exclusion of any other applicable body of governing law. This Agreement is entered into in that jurisdiction and not any other jurisdiction.
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