Mikibo Terms of Use


17 April 2009

ACCEPTANCE OF TERMS

Mikibo is owned and operated by Heap Media Pty Ltd ("Mikibo"). Mikibo and its affiliates provide their services to you subject to these Terms of Use and any other terms, conditions, notices and disclaimers displayed elsewhere on the Mikibo website. If you visit or join mikibo.com, you agree to be bound by these conditions. Please read this agreement carefully before accessing or using the information and services available through the Mikibo website ("Site").

If you object to these Conditions of Use or any subsequent modifications to them, or become dissatisfied with your membership of Mikibo in any way, your only recourse is to immediately discontinue your use of Mikibo.

SITE ACCESS LICENSE

Mikibo is made available for your personal, non-commercial use only. Mikibo grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mikibo. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any data; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mikibo. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mikibo and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mikibo's name or trademarks without the express written consent of Mikibo. Any unauthorized use terminates the permission or license granted by Mikibo. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mikibo so long as the link does not portray Mikibo, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mikibo logo or other proprietary graphic or trademark as part of the link without express written permission. If you want to make commercial use of Mikibo, you must enter into an agreement with Mikibo to do so in advance. Please contact us for more information.

ELECTRONIC COMMUNICATIONS

When you visit Mikibo or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INFORMATION DOES NOT REPRESENT PROFESSIONAL ADVICE

You acknowledge and agree that information published by Mikibo is intended to provide general information only on health and other issues. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.

In no event will Mikibo be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.

ACCURACY OF DATA IS NOT GUARANTEED

The data used by Mikibo in the food and exercise diaries comes from government databases, research literature, food packaging and directly from manufacturers. Mikibo makes efforts to use reputable sources for this data but is in no way responsible for the accuracy of this data.

PRIVACY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Australia, the United States and/or other countries for storage, processing, and use by Mikibo and its affiliates.

NO GUARANTEE AS TO SECURITY OF YOUR INFORMATION

While Mikibo takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Mikibo systems or on Mikibo's Site. Mikibo disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mikibo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mikibo has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

MEMBER ACCOUNT, PASSWORD AND SECURITY

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may change your password or email address at any time by following instructions. If you are under 18, you may use Mikibo only with involvement of a parent or guardian.

Mikibo and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

You must ensure that you exit from your account at the end of each session. You must notify Mikibo immediately if you become aware of any unauthorised use of your account or password. Each account and password must be used by a single user and is not transferable.

YOUR CONDUCT

As a condition of your use of Mikibo, you warrant to Mikibo that you will not use Mikibo for any purpose that is unlawful or prohibited by these conditions of use or any other terms, conditions or notices appearing anywhere on Mikibo. You agree to abide by all applicable laws and regulations.

In particular, you agree not to:

(i) use Mikibo to defame, abuse, harass, stalk, threaten or otherwise offend others;

(ii) publish, distribute, e-mail, transmit or disseminate any material, which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

(iii) use any automated scripting tools or software;

(iv) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Mikibo;

(v) impersonate any person or entity;

(vi) upload, post, e-mail, transmit or otherwise make available using Mikibo any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

(vii) breach any applicable laws or regulations.

Mikibo has no obligation to monitor any user's use of Mikibo, however Mikibo retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You will indemnify Mikibo if Mikibo or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on the Site.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Mikibo reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

OUR RIGHTS TO USE INFORMATION YOU SEND US

Mikibo welcomes ideas and feedback from you about all aspects of the Site. You agree that Mikibo may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email to Mikibo. Please read our Privacy Policy for more information as to how we deal with information you send to us.

If you do post content or submit material, and unless we indicate otherwise, you grant Mikibo and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mikibo and its affiliates and sub licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mikibo or its affiliates for all claims resulting from content you supply. Mikibo has the right but not the obligation to monitor and edit or remove any activity or content. Mikibo takes no responsibility and assumes no liability for any content posted by you or any third party.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Mikibo may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that account data, message board postings or other uploaded content will be retained by the Site, the maximum disk space that will be allotted on Mikibo's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Mikibo has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that Mikibo reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Mikibo reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO SERVICE

Mikibo may change or discontinue, temporarily or permanently, any feature (or any part thereof) of Mikibo including content, hours of availability and equipment required for access, with or without notice. You agree that Mikibo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

SITE CONDITIONS AND POLICIES

Please review our other policies, such as our Privacy Policy, posted on the Site. These policies also govern your visit to Mikibo. All terms and conditions that govern your use of Mikibo (including disclaimers) may only be amended in writing signed by an authorised officer of Mikibo. We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. Updated versions of these documents will be posted on the Site. You are responsible for ensuring that you regularly review these documents. Your continued use of the Site after any such changes are made will be deemed to constitute your acceptance of those changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

TERMINATION

Mikibo may at its discretion terminate your membership of, or access to, Mikibo at any time. In such event: (i) You are no longer authorised to access Mikibo; (ii) You will continue to be subject to and bound by all restrictions imposed on you by these conditions of use; and (iii) All licenses granted by you and all disclaimers by Mikibo and limitations of Mikibo's liability set out in these conditions of use or elsewhere on Mikibo will survive.

CONTENT LINKED TO BY MIKIBO

The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Mikibo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mikibo 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 or resource.

DEALINGS WITH ADVERTISERS

Mikibo displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Mikibo or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.
If you contact a third party using functionality provided on Mikibo, including via e-mail, Mikibo accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Mikibo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

DISCLAIMER OF WARRANTIES

All material on Mikibo is provided in good faith. Your use of Mikibo is at your sole risk. Mikibo its related bodies corporate, and its or their directors or employees, disclaim any and all responsibility or liability for (i) the accuracy, content, completeness, legality, reliability, or operability or availability, or security of information or material displayed on Mikibo (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) the deletion, failure to store, misdelivery, or untimely delivery of any information or material; or (iii) any harm resulting from downloading or accessing any information or material on the Internet through Mikibo. Mikibo will not be liable for loss resulting from any action or decision by you in reliance on the information on Mikibo, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Mikibo provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the Site will be corrected. You also understand that Mikibo cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

MIKIBO, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED ON MIKIBO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. MIKIBO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MIKIBO DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF MIKIBO. MIKIBO DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH MIKIBO. MIKIBO DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON MIKIBO OR RECEIVED THROUGH ANY LINKS PROVIDED BY MIKIBO, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON MIKIBO.

MIKIBO MAKES NO WARRANTY THAT (i) MIKIBO WILL MEET YOUR REQUIREMENTS, (ii) MIKIBO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MIKIBO WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MIKIBO WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

MIKIBO DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MIKIBO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIKIBO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIKIBO SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE CONDITIONS OF USE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIKIBO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MIKIBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (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 SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

INDEMNITY

You agree to indemnify and hold Mikibo, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the Conditions of Use, or your violation of any rights of another.

GENERAL PROVISIONS

If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

These Conditions of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Conditions of Use will be effective only if in writing and signed by Mikibo.

For the purposes of this agreement the words "Mikibo", "We", "Our" and "Us" refer to Mikibo and "Site" to materials delivered on mikibo.com and other co-branded versions of the Site.

TRADEMARK INFORMATION

MIKIBO, the Mikibo logo, MIKIBOPRO, MAKING THE WORLD A FITTER PLACE, MY BALANCED BODY and other marks that incorporate the word Mikibo, are trademarks of Mikibo (the "Mikibo Marks"). Without Mikibo's prior written permission, You agree not to display or use in any manner, the Mikibo Marks.

Mikibo does not grant You any right, title or interest in or to the Mikibo Marks. All use by You of the Mikibo Marks (including any goodwill associated therewith) shall inure to the benefit of Mikibo. At no time during or after using the Mikibo Marks shall You challenge or assist others to challenge the Mikibo Marks (except to the extent such restriction is prohibited by law) or the registration thereof by Mikibo, nor shall You attempt to register any Mikibo Marks (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Mikibo.

Other trademarks may be displayed on Mikibo from time to time. These may belong to third parties. Nothing displayed on Mikibo should be construed as granting any license or right of use of any logo, or trademark, without the express written permission of the relevant owner.

MIKIBO'S PROPRIETARY RIGHTS

You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Mikibo, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

Mikibo grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Mikibo for use in accessing the Site.

COPYRIGHT

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mikibo and protected by Australian and international copyright laws. You agree not to infringe any intellectual property rights owned by Mikibo. The material may not be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Mikibo.

APPLICABLE LAW

These conditions and all other specific and additional terms which govern Your use or membership of and access to the Site will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.



About Mikibo - Privacy Policy - Terms of Use - Contact Mikibo

Information published by Mikibo is intended to provide general information only. It does not replace, nor should it be considered an alternative to, medical advice. It is provided with the understanding that neither Heap Media, Mikibo's management, nor its contributors are engaged in offering medical services or advice. In case of illness or injury, individuals should consult their own doctor or health professional.