Comoe User Agreement as of May 9, 2019

Agreement

Thanks for visiting and using our services on comoe.com (“Services”). The Services are provided by Mixnet Corp. (“Mixnet or comoe.com”), located at 2000 Kraft Drive in Blacksburg, VA 24060, United States.

By using our the Services on comoe.com, you are agreeing to these terms.

Using Our Services

You must follow any policies made available to you within the Services.

You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We maintain the right to suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.

By using the Services on comoe.com, you agree that these Services do not grant you ownership of any intellectual property rights. The content in form of files you post, edit, share, and store on comoe.com remains your ownership. These terms do not grant you the right to use any branding or logos used in Services provided by comoe.com. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

Comoe.com might provide Services or content that is not owned by comoe.com. This content is the sole responsibility of the entity that makes it available.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Services on comoe.com allow you to upload, store, send, share, or receive files and content. You retain ownership of any intellectual property rights that you hold in that content. What belongs to you will stay yours.

When you submit, upload, edit, store, send, or receive content to or through the comoe.com Services, you give comoe.com and its partners a worldwide license to store your files and content on your behalf. When you receive, send, or distribute your content via comoe.com, we will use comoe.com communications means (e.g. emails) and display you as the sending email address. We will not use your email address to send your content.  

The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

Part of the comoe.com Service is to analyze your file format type or content for security, personal, and customized search results and malware or license violation detection. This analysis might occur during storage, sending, or receiving processes.

Comoe User Account

Some comoe.com Services require the creation of a comoe.com account. You can create your comoe.com account at any time, or you might be invited by an administrator such as your employer, colleague, etc. to join an account. If you are using your comoe.com account enabled to you by an administrator, different or additional terms may apply and your administrator can access or disable your account at any time.

For your own account protection and security, protect your comoe.com account by keeping your credentials (e.g. password or phone number used) confidential. Do not reuse the same credentials on other applications or accounts. It is your responsibility to monitor the account activity through your comoe.com account. Follow the account verification methods and account recovery procedures provided by comoe.com.

Privacy, Cookies, and Copyright Protection

Read the comoe.com privacy policy.

Read the comoe.com cookie settings and policy.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. A part of our Service is to provide information to help copyright holders manage their intellectual property online.

If you think your content copyright is being violated, please notify us - https://www.comoe.com/service/contact/

You can find more information about how Comoe uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in Our Services

The use of the Comoe software features is based on the subscription selected by the subscriber. Comoe gives you a personal, worldwide, free/paid, non-assignable, and exclusive license to use the software provided to you by Comoe s part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Comoe, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Modifying and Terminating Our Services

Comoe.com is always changing and improving our Services. You can stop using our Services at any time, although we would regret to see you leave comoe.com. Comoe.com may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your files, content, and data and preserving your access to such data is important. If comoe.com discontinues a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Disclaimer of Warranties and Limitation of Liability

The Services we provide are based on a commercially reasonable level of skill and expertise, and we hope that you will enjoy and benefit from them. Here are some things about the Service we do not promise.

Warranties

Comoe.com attempts to ensure accuracy of information on the Site, but cannot guarantee that any content is entirely correct, current, or complete. The Site may contain technical inaccuracies or typographical errors. The Site may occasionally be temporarily unavailable for maintenance and related reasons. USE OF THIS SITE IS AT A USER’S SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. MIXNET EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, MIXNET MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE. YOU UNDERSTAND AND AGREE THAT ACCESSING COMOE.COM IS AT THE USER’S OWN RISK AND DISCRETION AND THAT THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT WILL MIXNET OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SITE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SITE FOR THE SERVICE, BUT IN NO CASE WILL THE SITE’S LIABILITY TO YOU EXCEED THE FEES PAID FOR THE SERVICE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMOE.COM FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MIXNET, REGARDLESS OF THE CAUSE OF ACTION.

Indemnity

IF YOU ARE USING COMOE.COM SERVICES ON BEHALF OF AN ORGANIZATION OR BUSINESS, THAT ENTITY ACCEPTS THESE TERMS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY MIXNET AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF COURT SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS, AND ATTORNEY'S' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED.

Additional Agreement

Notices. Any notice or other communication regarding this Agreement shall be written. Notices delivered to a User electronically (including, without limitation, electronic mail) shall be deemed written notices for purposes of this Agreement. Notices sent to Mixnet shall be posted at this contact page or via postal mail at Mixnet Corp. PO Box 11431, Blacksburg, VA 24062-1431.

Captions. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit, or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.

Pronouns/Gender. Pronouns and nouns shall refer to the masculine, feminine, singular, or plural as the context shall require.

Governing Law. This Site has been designed to comply with United States law. Mixnet does not guarantee that the content of the Site is appropriate for jurisdictions outside the United States. All Users agree that by visiting or using the Site, the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern this Agreement.

Dispute Resolution; Waiver of Jury. Any dispute arising from or relating to these Terms will be litigated only in a court of competent jurisdiction for Montgomery County, Virginia. The parties each hereby irrevocably waive their respective right to a party, and will proceed with a bench trial in the litigation. Should Mixnet prevail, it will recover all costs of the suit, including a reasonable attorney’s fee.

Assignment. Except as expressly provided herein, no User shall have any right or ability to assign, transfer, or sublicense any obligations or benefit under this Agreement without the express written consent of Mixnet.

Severability. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

Modifications. Comoe.com retains the right to modify this Agreement at any time, and changes shall become effective immediately upon publication. However, Mixnet will undertake to reasonably notify Users when modifications are made to this Agreement.

Entire Agreement. This Agreement, including additional policies incorporated by reference, constitute the entire agreement between Mixnet and a User.

Waiver. Mixnet’s failure to act with respect to a breach of these terms by a User does not waive the Site’s right to act with respect to subsequent or similar breaches.

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