Welcome to MOLTEN INC. (formerly doing MTonomy, Inc.)
These terms and conditions are a legal agreement (this “Agreement") between you or the business entity You represent (“You" or “Your") and MOLTEN INC., (“Molten" or “we", “us" or “our"), establishing terms and conditions under which You shall access and use the services and features available on Molten's web-based platform at www.moltenrights.com.co, molten.co, www.gomolten.com, www.getmolten.com, www.moltenanalytics.com, www.moltentrade.com, moltenexchange.com, mtonomy.com and all associated subdomains (collectively, “Website") and any applications through which we may make available such functionality from time to time, including but not limited to mobile applications (collectively, the “Molten Platform"). Your use of the Molten Platform is also subject to our Privacy Policy available at auth.molten.co/tosRelated/privacy/, which is incorporated into and made part of this Agreement. The date You first agree to this Agreement is referred to herein as the “Effective Date." Services we make available through the Molten Platform, including the provision of the Molten Platform itself, are referred to herein as the “Services." Please note that MTonomy, Inc. has renamed and now operates as Molten Inc.
Your use of the Molten Platform or our Services shall constitute your acceptance of this Agreement, which shall also apply to all of your users. If you do not agree with the terms of this Agreement, do not use the Molten Platform or our Services.
This Agreement contains important disclaimers, limitations of liability and indemnity obligations applicable to the Application and requires the use of binding arbitration to resolve disputes rather than jury trials or class actions (as described below).
The Molten Platform provides media enterprises, organizations, individuals and other publishers and creators of film, TV, music, and other media and content (each, a “Publisher") with infrastructure designed to allow Publishers to store, deliver, distribute, publish, license, and monetize their content (e.g. text, audio, image, video, VR) (“Content") to customers (“Customers"), distributors or application developers. Depending upon the specific license type, certain distributors or application developers (collectively “Pull Distributors") may also be authorized to access the Molten Platform through our API (the “Molten API") for procurement of Publishers' Content for distribution via such Distributors' channels, except to the extent such Publishers restrict distribution in connection with their use of the Molten Platform. We may also proactively send Publishers' Content to third party distributors or applications (collectively “Push Distributors") for their redistribution of such Content according to the terms and conditions of such Push Distributors' distribution platforms, except to the extent such Publishers restrict distribution in connection with their use of the Molten Platform.
Subject to this Agreement and any other agreement between You and us, we grant You a limited, nonexclusive, nontransferable, non-sublicensable, revocable right to use the Molten Platform and/or the Services, solely in the manner provided by us and for commercial purposes as set forth and subject to this Agreement, and with respect to Content on the Molten Platform, subject to the terms imposed by the applicable Publisher. Your right to use our Services is automatically revoked if You violate this Agreement. From time to time, we may upgrade our Services or make improvements to our Services. You agree that this Agreement will apply to any such upgrades or improvements. The right to use our Services granted herein is not a sale of any of our Services or a sale of a copy of any of our Services, and we and our partners and suppliers retain all rights and interest in and to the Services. We reserve all rights not expressly granted under this Agreement.
If you are a Publisher or Pull Distributor, if we provide You with access to the Molten API, we grant You a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable right to use such Molten API solely to access Content on our Molten Platform. With respect to all Content we make available to You via such Molten API, You agree to distribute access to such Content only to users of Your online platform, subject to any restrictions imposed on such Content through our Molten Platform or by the respective Publishers of the Content from time to time. We reserve all rights not expressly granted under this Agreement.
a. Publishers. If You are a Publisher, You hereby grant to Molten a worldwide, sublicensable, transferable, fee-bearing license to distribute and make available, in any manner, to distributors and Customers all Content that You submit to us, subject only to specific limitations that You and Molten establish with respect to such Content on the Molten Platform. Such distribution license is exclusive to Molten as the sole distributed ledger technology distributor of such Content, now known or later developed, and is otherwise nonexclusive. You represent, warrant and covenant to Molten that (i) You have obtained all consents, licenses, rights and approvals required in order to use, and authorize us to use, perform, display, and distribute, the Content You submit to the Molten Platform for the purposes set forth herein or on the Molten Platform; (ii) Your Content, including any metadata, information or comments that You may provide or post on the Molten platform, shall be in compliance with all the requirements of this Agreement; (iii) any metadata or other information that you may provide or post to the Metadata platform is complete and accurate; and (iv) Your Content does not and will not create any liability on the part of Molten, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Molten reserves the right to remove Your Content, suspend or terminate Your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or violates this Agreement in any manner, or otherwise infringes another person's rights or violates any law, rule or regulation, or is defective or otherwise misrepresented by You to us or any third party through the Molten Platform. Note that if you represent a Publisher or other stakeholders in Content, and collect revenue on behalf of such Publishers or other stakeholders, it is your sole responsibility to pay all applicable fees or charges due to such parties, which shall be paid outside of the Molten Platform, and Molten has no responsibility or liability whatsoever in connection with such fees, amounts due, or payments.
b. Distributors. If You are a distributor, Molten grants You a non-exclusive, worldwide, non-sublicensable, non-transferable, fee bearing license to make available the Content to your customers and not for public performance or public display, subject to this Agreement and any specific terms imposed by the applicable Publisher with respect to such Content via the Molten Platform. You shall require each Customer to agree to use such Content solely for their own non-commercial use, not including public performance or public display, and subject to any other restrictions that You and Molten establish with respect to such Content on the Molten Platform. You shall also abide by the content price and access restrictions required by Molten and/or by the respective Publisher of a Content. You will not store the content and monetize it external to the Molten system by bypassing the payment requirements of the Content. The foregoing license grant is not a sale of any of Content or the intellectual property rights therein, which are retained by the Publisher or their licensors in all respects.
c. Customers. If You are a Customer, then, subject to this Agreement and any other agreement between You and the Publisher or distributor, we grant You a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable right to use the Molten Platform solely for your personal use in accordance with this Agreement and with the specific license restrictions from the Publisher or distributor of such Content, and not for public performance, public display or distribution, except as expressly authorized by the Publisher. The foregoing license grant is not a sale of any of Content or the intellectual property rights therein, which are retained by the Publisher or their licenses in all respects.
Publishers may make their Content available through the Molten Platform from time to time. You acknowledge and agree that we do not review the Publishers' Content and cannot guarantee that the Publisher will deliver the represented Content. Neither Molten nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation to monitor the Molten Platform for inappropriate, infringing Content or submissions or activities of users which violate this Agreement or applicable law, and disclaim all liability and responsibility whatsoever for such Content. Any disputes regarding Content are solely between the applicable Publisher, distributor (if any) and Customer, and Molten has no obligation to resolve or intervene in any way.
You acknowledge and agree that Molten has a limited role and acts merely to (i) store Content and other information at the direction, request and with the authorization of its users; (ii) act merely as a passive conduit and/or host for the uploading, storage and distribution of such Content; and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that You upload, post or distribute to, on or through the Molten Platform, and to the extent permissible by law, Molten shall not be liable with respect to any Content and the activities of its users with respect thereto.
We reserve the right to remove specific or all Content of a Publisher for any or no reason, which may include complaints from distributors, Customers or other third parties.
If You are a California resident, in connection with the above release, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his settlement with the debtor."
a. Fees. Customers and Pull Distributors agree to pay fees for access to Content via the Molten Platform, as such fees are established on the Molten Platform from time to time. Pull Distributors and Publishers agree to pay commissions to Molten for all revenues arising from the Content made available through the Molten Platform, as such commission rates are set forth on our Molten Platform from time to time. All amounts paid in connection with the Molten Platform shall be non-refundable.
b. Currencies. Transactions may be permitted in U.S. Dollars or other fiat currencies as made available through the Molten Platform from time to time. Payments may be enabled through third party payment services providers. In order to use the cryptocurrency payment alternatives on the Molten Platform, You must have a wallet with a cryptocurrency that is accepted by our Molten Platform. Your use of cryptocurrencies is subject in all respects to the terms and conditions applicable to all users of such currencies. If You choose to use our Molten Platform and pay or receive amounts in cryptocurrencies, You understand, acknowledge and accept the risks associated with public/private key cryptography and blockchain-based software systems, and You further acknowledge that Molten has no control or influence over the operation of such cryptography or systems, which include Molten's inability to refund or reverse any transactions You make through the Molten Platform or otherwise on a decentralized ledger. All information You share with a third party in connection with a financial transaction, whether a financial services provider or cryptocurrency or similar asset, is at your sole risk and is outside of our control and is not subject to our Privacy Policy. We may, from time to time, support third party products and services to work with the Molten Platform and provide more functionality to our users, e.g. third party cryptocurrency wallets, however, You agree that Molten shall not be responsible for the operation of such third party systems. It is Your responsibility, and Molten has no obligation or responsibility, to understand use of cryptocurrencies and to manage Your funds, private keys and accounts securely.
In order to use some the Molten Platform, You will be required to complete a registration form and create a user name and password (“Login Credentials"). During any such registration, You are required to give accurate and truthful contact information (such as name and email address) in accordance with this Agreement. You are responsible for protecting Your Login Credentials from unauthorized use, and You are responsible for all activity that occurs on Your account (including without limitation financial obligations). You agree to notify us immediately if You believe that Your Login Credentials have been or may be used without Your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by Your failure to safeguard Your Login Credentials. We may also enable You to login using a third party social networking or other internet service, and in such cases the terms of this section shall apply.
You are responsible for keeping Your registration information up to date through Your account page, to the extent such feature is made available on Molten.
You are solely responsible for the set-up, maintenance, and security of the computer and online service and/or network connection(s) used for accessing the Services. You acknowledge that frequent, regular software updates for internet browsers, antivirus applications, operating systems, media players, and other communication software are essential to the security and functionality of your connection to the Services. We cannot guarantee that the Services will be compatible with old or outdated internet browsers, and using older or outdated internet browsers may prevent you from accessing the Services, and some features may not function as expected. You shall comply with all applicable federal, state and local laws, rules, decrees, regulations and ordinances (“Laws") applicable to, and/or affecting your use of the Services, and we shall have no responsibility relating to you or any of your employees or affiliates therefor including, without limitation, any responsibility to advise you of your responsibilities in complying with any Laws affecting your use of the Services.
To use our Services, we must collect certain personal information about you. We will use your personal information as described in our Privacy Policy available here auth.molten.co/tosRelated/privacy/.
If you are a Publisher, Molten will make every reasonable effort to keep confidential and not disclose to any third party (except our third party service providers) the following: [contract terms, licensing terms, the terms of any contracts or licenses] with respect to your Content unless or until you give us permission to do, or you enable its disclosure on the Molten Platform. This does not include any information that is or becomes generally known to the public and any information that was known to us prior to our relationship with you. We reserve the right, however, to disclose any information if required to do so by law or legal process.
As a registered user of our Services, You agree to receive emails and push notifications from us regarding our Services. We may from time to time send You push notifications or email messages with information about Your use of our Services. You may opt-out from receiving our marketing communications by emailing contact@moltencloud.com or by clicking the “unsubscribe" link in the applicable email correspondence, however, as long as you are a user of our Services we will still send you emails and push notifications regarding in connection with our Services.
You agree to not use our Services for any purpose that is unlawful or prohibited by this Agreement. You may not use our Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with our Services, or any other party's use of our Services. You shall not obtain or attempt to obtain any materials or information through any means in contravention of our Services. You agree not to use false or misleading information or inaccurate identify information in connection with Your user account, and acknowledge that we reserve the right to disable any user account with a profile that we reasonably believe is false or misleading (including a profile that impersonates a third party).
In addition, You agree that You will not, and will not authorize or facilitate any attempt by a third party to use our Services to:
We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.
You shall not, and shall not aid or permit any third party, to: (i) use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign or other applicable law or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious or negligent manner when using our Services; (iii) obtain unauthorized access to any computer system through our Services; (iv) circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Content; (v) introduce viruses, worms, Trojan horses and/or harmful code to our Services; and (vi) use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of our Services or any Content, except as permitted by our robots.txt file.
All determinations with respect to violations of this Agreement shall be in our sole and absolute discretion. We reserve the right, without prior notice to terminate Your access to our Services in the event of your violation of this Agreement.
By using our Services, You hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities and all costs and expenses of defense (collectively, “Claims"), including without limitation attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) Your provision of any Content, (ii) Your use of our Services or Content and/or (iii) any user or other third party's use of any Content that You submit via our Services. At our option, You agree to defend us from any such Claims.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) unauthorized or illegal use of the Services by you, (b) your noncompliance with or breach of this Agreement, (c) your use of third-party products,(d) the unauthorized use of the Services by any other person using your account; (e) any Action relating to any Content you post or make available through the Molten Platform; or (f) any Action relating to Content you obtain in connection with the Molten Platform. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
Molten owns all right, title, and interest in and to the Services and the Molten Platform and all intellectual property rights related thereto. The Services and the Molten Platform are protected by the copyright laws of the United States, international treaties and conventions, and other applicable laws. Except as expressly stated herein, you have no intellectual property rights in the Services or the Molten Platform, and we reserve all rights not expressly granted to you. You shall not, and shall not permit or aid any third party to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance or make derivative works of our Services or any Content available through the foregoing; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from our Services; (iv) remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Services; (v) intercept, emulate, or redirect the communication protocols used by the Services in any way, for any purpose, or engage in any activity that interferes with or disrupts the Services or Molten's or its vendors' servers or other infrastructure; or (vi) facilitate, create, or maintain any unauthorized connection to the Services, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, Molten's or its vendors' servers, and any connection using programs or tools not approved by us in our sole discretion.. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of this Agreement.
Unless otherwise noted, all Content contained on the Molten Platform or our Services is the property of our Publishers, us and/or our affiliates or licensors, as applicable, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We welcome Your feedback, ideas and suggestions (collectively, “Suggestions"). If You send us any Suggestions, You agree that: (1) Your Suggestion(s) become our property and You are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review Your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.
If You believe that any materials on our Services infringe Your copyright, You may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that You believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that You believe to be infringing and its location, including a description of the material, its location on our Website or location in our App or other pertinent information that will help us to locate the material; (3) Your name, address, telephone number and email address; (4) a statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (5) a statement that the information in Your claim is accurate; and (6) a statement that “under penalty of perjury," You declare that You are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to our Services is: MOLTEN INC., 1 Broadway, 14th Floor, Cambridge, MA 02142 or contact@moltencloud.com. In an effort to protect the rights of copyright owners, we reserve the right to suspend Your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.
Our Services may contain links to third party sites. These links are provided to You as a courtesy only, and we are not responsible for the content of any linked third party site. Any third party site accessed from our Services is independent from us, and we have no control over the content of that site. In addition, a link to any third party site does not imply that we endorse or accept any responsibility for the content or use of such site. Use of any third party site is subject to its terms of service and privacy policy. Exercise caution and good judgment when using third party sites.
OUR SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED “AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AND CONTENT AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT OUR SERVERS OR THE NODES OF DECENTRALIZED NETWORKS WE UTILIZE OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER INFIRMITY OR CORRUPTION OR OTHER HARMFUL COMPONENTS.
WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. WE ARE ALSO NOT LIABLE OR RESPONSIBLE FOR ANY ACTIONS OR OMISSIONS OF ANY USERS ON THE Molten PLATFORM. ALL AGREEMENTS AND ARRANGEMENTS FOR THE DISTRIBUTION OF CONTENT ON THE Molten PLATFORM IS SOLELY BETWEEN USERS, AND Molten IS NOT A PARTY TO ANY SUCH AGREEMENTS OR ARRANGEMENTS, AND HAS NO LIABILITY OR RESPONSIBILITY IN CONNECTION WITH SUCH DISTRIBUTION.
We do not make any warranties as to the results to be obtained from the use of our Services. Use of our Services and reliance thereon is at your sole risk. We shall not be liable to you or any other entity or person for your or their inability to use our Services, or for any inaccuracies, errors, omissions, delays, computer viruses or other infirmity or corruption, damages, claims, liabilities, or losses, regardless of cause, in or arising from the use of our Services.
You acknowledge that hackers or other groups or organizations may attempt to interfere with Your Molten Account or Molten Services in any number of ways, including without limitation denial of service attacks, smurfing, Sybil attacks, spoofing, phishing, malware attacks, or consensus-based attacks. You agree that Molten shall not be liable for these third-party interferences.
You hereby acknowledge and agree that Molten merely stores and hosts Content submitted by its users but does not actively create or present such Content. Under no circumstances will Molten be liable for any claims which may arise from any Content, including without limitation any claims for intellectual property infringement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Molten, OUR AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE Molten PLATFORM OR OUR SERVICES. UNDER NO CIRCUMSTANCES SHALL Molten BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE Molten PLATFORM OR YOUR ACCOUNT OR ANY INFORMATION CONTAINED THEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Molten ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE Molten PLATFORM OR OUR SERVICES; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Molten PLATFORM; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE Molten PLATFORM BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE Molten PLATFORM; AND/OR (VI) USER OR PUBLISHER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Molten, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AGGREGATE AMOUNT YOU HAVE PAID TO Molten IN FEES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD, OR $100.00, WHICHEVER IS GREATER.
Molten TAKES NO RESPONSIBILITY WHATSOEVER AND IS NOT LIABLE IN ANY WAY FOR THE CONTENT MADE AVAILABLE BY PUBLISHERS OR USERS OF THE Molten PLATFORM, OR FOR THE ACTIONS OR OMISSIONS OF USERS OR CUSTOMERS USING THE Molten PLATFORM.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Molten has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
This provision is not enforceable in New Jersey.
Molten may revise this Agreement in our sole discretion at any time and without prior notice to You, other than by posting the revised Agreement on our Website. Revisions to this Agreement are effective upon posting. The Agreement will be identified as of the most recent date of revision. Your continued use of our Molten Platform after a revised version of this Agreement has been posted on our Website constitutes Your binding acceptance of the revised Agreement.
Our Services are provided for interested parties in the United States, and we make no representation that our Services and information and Content thereon is appropriate or available for use outside the United States. Those who choose to access our Services from outside the United States do so on their own initiative and at their own risk, and are responsible for compliance with applicable local laws, including without limitation, intellectual property and privacy laws. By using our Services, You consent to having any Content You provide, Your Login Credentials and any personal information that You provide as part of the account creation process transferred to and processed in the United States, subject to our Privacy Policy.
We may terminate Your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to You: (i) at the email address provided by You at registration or that You subsequently update; (ii) through a notice on the Molten Platform; or (iii) through a third party social networking or other internet service that You use to login. You agree that we are not liable to You or any third party for any termination of Your access to our Services. We may change and update our Services from time to time. We may add or remove features including without limitation, making free services into paid services, and vice versa. We will endeavor to give You advance notice of any major changes, however, we reserve the right to stop, suspend or change our Services at any time.
This Agreement shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Boston, Massachusetts for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Boston, Massachusetts is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES EACH OF US TO ARBITRATE OUR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Molten. For any dispute with Molten, you agree to first contact us at [MOLTEN INC., 1 Broadway, 14th Floor, Cambridge, MA 02142 or at contact@moltencloud.com] and attempt to resolve the dispute with us informally. In the unlikely event that Molten has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this this Agreement, or the breach or alleged breach thereof (collectively, “Claims"), by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (“AAA"), unless you and Molten agree otherwise. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not relieve you of your obligation to engage in the arbitration process described in this Section. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This Section shall not be interpreted as preventing Molten from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights. You agree that this arbitration provision will survive the termination of your relationship with and all and all agreements you have with Molten.
You may reject the requirement to arbitrate. If You do, neither You nor we can require the other to participate in an arbitration proceeding. To opt out, You must notify us in writing within thirty (30) days of the date that You first became subject to this arbitration provision. The opt-out notice must state that You do not agree to the Agreement To Arbitrate and must include Your name, address, phone number, Your Molten account to which the opt-out applies and a clear statement that You want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. Send your opt-out notice in writing to:
MOLTEN INC. ATTN:
Arbitration Opt-out
CIC, 1 Broadway, 14th Floor,
Cambridge, MA 02142 USA
Notwithstanding any provision in this Agreement to the contrary, You and we agree that if we make any change to the arbitration procedures (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. Moreover, if we seek to remove the arbitration procedures from this Agreement, such removal shall not be effective until thirty (30) days after the amended version of this Agreement is posted to our Website. This arbitration section will survive the termination of Your relationship with us.
With respect to all persons and entities, regardless of whether they have obtained or used the our Services for personal, commercial or other purposes, all Claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's Claims. You agree that, by entering into this Agreement, you and Molten are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceedings of any kind.
You may not assign or transfer Your rights or obligations under this Agreement in whole or in part to any third party without our written consent. This Agreement shall bind and inure to the benefit of the parties to this Agreement and their respective successors, permitted transferees and permitted assigns. We and You are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. This Agreement contains the entire understanding of the parties with respect to the transactions and matters contemplated herein, and other than any click-through, end user license agreements or other similar documents or terms provided by us, cannot be amended except by a writing signed by both parties, or as provided in this Agreement. The headings and captions used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement. If any part of this Agreement is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Our Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. If You are a parent or guardian and You discover that Your child has created an unauthorized account on our Services, please contact us at contact@moltencloud.com and we will remove the account.
Need assistance? Please contact us at:
Team Molten
1 Broadway, 14th floor
Cambridge, MA 02142
