1) LICENSE. If you are 18 or older, we grant you a restricted, revocable, nonexclusive, nonassignable, nonsublicensable license to use MMS in compliance with the outlined TOU; unlicensed access is unauthorized. Further, you agree not to license, distribute, create derivative works, display, sell, or “frame” content from MMS, excluding content you create and share. Moreover, you grant us a continuous, irreversible, unrestricted, global, fully paid/sublicensable license to use, copy, perform, show, distribute, and make derivative works from content you post.
2) USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with MMS, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Forbidden are robots, spiders, scripts, scrapers, crawlers, etc, as well are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information. You agree not to violate the law or engage in any illegal activities when using the website, our services nor intend to do so. You agree not to violate the Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Drivers Privacy Protection Act (DPPA), Right to Financial Privacy Act (RFPA), and applicable state and federal laws and regulations. You agree to use this platform to facilitate service contracts with other people or parties you encountered on this website, paying the commission on a closed deal. We reserve the right to charge a penalty fee to any user who circumvents or wants to circumvent the website for closing a deal with a person or legal entity they met over this website, for example, for the sake of saving the fees mentioned in the next paragraph.
3) FEES. You authorize us to charge commission for closed deals that exist due to and/or over the MMS platform. Unless noted, fees are charged in US dollars, charged to your account, tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account. We keep he right to change the payment structure at any time without a reason but will not charge users without informing them about the changes.
4) DISSCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to MMS, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are always at your own risk, and MMS is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your MMS use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“MMS ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) MMS ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100. For the sake of transparency we
6) INDEMNIFICATION. You, the user of MMS, no matter whether taking the role of offering your service or posting a gig/job or both, shall, at your own expense, indemnify, defend and hold harmless MMS, its respective officers, directors, personnel, representatives, consultants, nominees, designees from and against any and all liability, suffered or incurred (including but not limited to liabilities, judgments, damages, direct losses, claims, costs and expenses, including reasonable attorney fees and expenses) or any other loss that may occur, arising from or relating to the use of this platform, for example, caused from but not limited to
- Breach of law by users, job posters, private investigators (PI) or any of PI employees, officials and other related parties, of their breach of law, this agreement or any data security, personal data or data processing regulations;
- Users or PIs breaching any law or other regulation, both local or international;
- Claims by any third party resulting from any form of services of PIs in the context of finding agreement over MMS
- Any third party infringement action initiated against you or the PI as a consequence of using MMS solely or together third parties in a legal or any other business relationship
- For other legal actions and proceedings (e.g., intellectual property infringement, breach of confidentiality, misleading and deceptive conduct or other legal liability); costs, charges, outgoings, expenses and other payments (e.g. legal costs); reductions in the value of something, loss of profit and other consequential economic loss; and taxes and interest payable as well as personal damage.
7) PRIVATE INVESTIGATORS LICENSE. Private investigators using this website are responsible themselves for having, acquiring or the signaling of having the license required by law to execute a job, gig or similar. Legal persons using the service of MMS are solely responsible to ensure that the private investigator has obtained required qualifications. MMS does by no mean guarantee that any private investigator offering services on this platform has obtained the required qualifications. All related responsibilities remain therefore with the users and MMS is not liable or responsible for any related misconduct. For more details cf. Paragraph 4.
Private Investigator Users (“the PI”) are independent private investigators who offer to perform the service requested by the users of the application. PIs are not employees or agents of MMS and are not otherwise authorized to enter into any agreement on behalf of MMS or bind or obligate MMS in any way. A contractual relationship between the PI and the application user may be formed through the use of the Service. This occurs when a user submits a request for investigation, a PI contacts you, and both you and the PI mutually agree to move forward. PIs are only responsible for ensuring that any information they provide and any communication they have with a Service user fully complies with all applicable laws, regulations and rules of professional conduct. Service users are solely responsible for any information they provide and communication they have with the PI. Service users are responsible for deciding whether to hire a PI.
Above also fully applies for MMS individually and manually matching private investigators with users.
8) PERSONAL SAFETY. For the pure purpose of information, we advise you to make use of our personal safety guidelines here Those guidelines cannot guarantee 100% safety and are only outlined for informative purpose. For more details cf. Paragraph 4.
9) MODERATION. We reserve the right to moderate MMS access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You are not allowed to bypass said moderation, we are not liable for moderating or not moderating, or similar activities, and nothing we say or do waives our right to moderate, or not. All site rules are incorporated herein.
10) ACCESS RESTRICTIONS AND TERMINATIONS. We reserve the right, at our sole discretion, at any time and without notice to restrict your access to the site.
11) PASSWORD AND SECURITY. You as a user are completely responsible and liable for preserving the confidentiality your account information, including password, and for any and all activity that occurs under your account as a result of your failure to maintain this information protected and confidential. If any unauthorized use of your account or password occurs, or any other breach of security, especially if it affects confidential patient data, you agree to inform relevant interest groups or authorities instantly. You may be held liable for losses and damages incurred due to someone else using your log-in data, password or account as a result of your failure to maintain your account information protected and confidential. MMS or its employees and partners are indemnified from and not liable for any resulting claims or damages.
12) GENERAL. The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of the remainder and enforceability of this Agreement as applicable. Should any of the provisions of the clauses be invalid, ineffective or void in part or in whole, then the contractual partners agree to stipulate a provision that comes closest to the meaning and purpose of the ineffective or void provision. The invalidity or unenforceability of any paragraph or clause of this Agreement shall not affect the validity or enforceability of any other paragraph or clause of this Agreement, which shall remain in full force and effect.
13) PARTNERSHIP. Nothing in this agreement is intended to or shall operate to create a representative partnership between the Parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
15) CHANGES. We reserve the right to change the ToU without any notices.
16) USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM. You agree to receive communications from us or other users in an electronic form via the email address or other data you have submitted.