Terms and Conditions
Effective Date: December 4, 2017
AGREEMENT BETWEEN — USER AND MUDDLING THROUGH MIDDLE AGE
Muddling through Middle Age is a trademark of Karen Galatz. The terms explain how you are permitted to use the website located at the URL: Muddling.me [“the Site” or “We”]. By using or browsing the Site, you acknowledge that you have read, understood, and agree to be bound to these Terms and Conditions and all applicable laws and regulations. If you do not agree to be bound by these Terms and Conditions, then you must not use the Site.
We reserve the right to change the terms, conditions, and notices under which the Site is offered. We can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after we have updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
General Use; Restrictions
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Muddling through Middle Age if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Site.
We provide content through the Site that is copyrighted and/or trademarked work of Muddling through Middle Age, third-party licensors and its content providers, or other users of the Site (collectively, the “Contents”). Contents may include logos, graphics, video, images, software, and other materials. Contents are protected by copyrights, trademarks, service marks, trade dress, and other intellectual or ownership rights owned by Muddling through Middle Age. Any rights not expressly granted in the Terms and Conditions are reserved for Muddling through Middle Age. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Muddling through Middle Age, Copyright © 2017 Karen Galatz. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, We hereby grant you a limited, personal, nonexclusive and nontransferable license to use and to display the Contents and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Contents. Any other use of the Site or the Contents is strictly prohibited, including, without limitation, modification, removal, deletion, transmission, publication, distribution, proxy caching, uploading, posting, redistribution, re-licensing, selling, duplicating, republication or any other dissemination without the express written permission of Muddling through Middle Age. You may not use any framing techniques to enclose any trademarks or logos of Muddling through Middle Age nor use any meta tags or other hidden text without our prior written consent. Use of spiders, robots, and similar data gathering and extraction tools is expressly prohibited.
You may view and print a copy of the Contents displayed on the Site, and download a copy of any Contents that is designated for downloading, for your personal use only but you may not alter the Contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices. The rights, title and interest in the Contents are not transferred to you by copying or downloading the material.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Contents.
Links to Third Party Sites
This Site may be linked to other web sites that are not Muddling through Middle Age
Muddling through Middle Age Commenting Policy
We reserve the right to moderate all comments to ensure that they meet the terms herein. We reserve the right to make editorial decisions regarding submitted comments, including but not limited to removal of comments.
Disclaimer of Warranties; Limitations of Liability
THIS SITE AND ITS CONTENTS ARE PROVIDED BY MUDDLING THROUGH MIDDLE AGE “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED. MUDDLING THROUGH MIDDLE AGE EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT WILL MUDDLING THROUGH MIDDLE AGE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY SITE OR SERVICES LINKED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF MUDDLING THROUGH MIDDLE AGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY
DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON. MUDDLING THROUGH MIDDLE AGE WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD PARTY WEB SITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THIS SITE, YOUR USE OF THIS SITE OR YOUR USE OF ANY EQUIPMENT OF SOFTWARE IN CONNECTION WITH THIS SITE.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply but liability shall be limited to the fullest extent permitted by law.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or materials that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Muddling through Middle Age to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
- Post anything clearly false or misleading.
- Post anything unrelated to our business, products or services.
- Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations andrestrictions.
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Intellectual Property Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
If you believe that your work is the subject of copyright infringement and/or trademark
infringement and appears on our Site, please provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been
infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Muddling through Middle Age to locate the material.
- Information reasonably sufficient to permit Muddling through Middle Age to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site’s agent for notice of claims of copyright or trademark infringement on this Site can be reached via email as follows:
karen [at] muddling [dot] me
You agree to indemnify and hold harmless Muddling through Middle Age from any third party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms and Conditions, your use of the Site or your violation of any rights of a third party.
If you have any questions about these Terms or otherwise need to contact Muddling through Middle Ag for any reason, you can reach us by email at karen [at] muddling [dot] me or by phone at 845-768-3353.