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Midano.com - Terms of Use and Privacy Policy
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Terms of Use
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Midano.com ("Midano") operates the Midano site. You may only use the Site pursuant to the following terms and conditions, which you agree to accept by your use of the Site. Use of the Site is subject to additional terms and conditions defined by our content providers ("Licensors") as stipulated on applicable pages of the Site, which you also agree to accept by your use of the Site. Midano reserves the right to modify or revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. Any such modifications shall be effective within fifteen (15) days of being posted on the Site. You are bound by such modification or revision, and should therefore visit this page frequently to review the terms. Your continued use of the Site following Midano's posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site.
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License and Site Content
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Midano grants you a license to access and use the Site for personal, noncommercial purposes, other than to purchase or sell items, or to purchase items from third-party merchants linked to the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international covenants and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Midano. Any unauthorized use shall immediately terminate the license granted by Midano and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Midano, its subsidiaries, its affiliates, Licensors, and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive matter. You may not use any Midano, Licensor, subsidiary, affiliate, partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of Midano, the subsidiary, the affiliate, partner or Licensor (as applicable).
Midano does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within Midano's control.
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Content and Other Information
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Midano provides a number of different services to assist you in comparison shopping for products on the Site. Midano provides information regarding products and third-party merchants, and links to third-party merchants that are selling listed products Midano is paid by merchants or other third parties for listing products on the Site and for promotions such as featured merchants, featured products and showcases. The products listed on the Site are sold by third party merchants, and are not sold by Midano.
Midano does not sell, resell or license any of the products listed on the Site, nor is Midano acting as an agent of sale, and Midano disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties and Limitation of Liability below). Any questions, complaints or claims related to any product should be directed to the appropriate merchants or seller.
Midano does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by Midano of any product, merchant, seller, or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Limitation of Liability below). Midano assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, user product rating) or other content on the Site.
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Content Submission to Midano
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By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Midano a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Midano, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Midano reserves the right to change, condense or delete any content on the Site that Midano deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other web sites, addresses, email addresses, contact information or phone numbers;
- or that contains any computer viruses, worms or other potentially damaging computer programs or files.
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Product Reviews
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You may post reviews on the Site about products that you have actually purchased or used. You agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any comments or reviews that you post on the Site. You may post no more than one review about a particular product on the Site in any thirty (30) day period. Any reviews that you post are subject to the conditions and restrictions described in the CONTENT SUBMISSION TO Midano section.
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Other Businesses and Links to Other Sites
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Midano and its subsidiaries are not merchants and do not list products for sale through the Site. All products, services and other offerings on the Site are made by third-party merchants, service providers or advertisers. In addition, Midano may provide links to the sites of third-party merchants, affiliated companies and other partners. These links are provided solely as a convenience to you, and such provision does not constitute an endorsement by Midano of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. Midano is not responsible for examining or evaluating, and does not warrant in any way, the products, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. Midano does not assume any responsibility or liability for the actions, product or content of these or any other third parties. You should carefully review their privacy statements and other conditions of use.
Other than Midano's collection of listing fees from third-party merchants, Midano is not a party to any business transaction that takes place between you and any other party represented on the Site. Midano has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site. Midano in no way guarantees or warrants any such products or transactions.
In the event of a dispute between you and a merchant listed on the Site, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE Midano, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, , LEGAL REPRESENTATIVE AND EMPLOYEES FROM CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
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Disclaimer of Warranties and Limitation of Liability
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THE SITE IS PROVIDED BY Midano ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Midano MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMISSABLE BY APPLICABLE LAW, Midano SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Midano DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. Midano DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM Midano ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMISSABLE BY APPLICABLE LAW, Midano WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
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 TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH Midano's PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
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Idemnity
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You agree to defend, indemnify and hold Midano, its subsidiaries, affiliates, partners, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site or your breach of these Terms of Use and Privacy Statement. Midano shall provide notice to you promptly of any such claim, suit or proceeding.
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Infringement
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The Site, its content, format, design, user interface and Midano logos are the intellectual property of Midano, its Licensors and business partners. Nothing contained in this Terms of Use and Privacy Statement grants you permission to duplicate any of the Site's components or other Midano intellectual property or the intellectual property of its subsidiaries, affiliates, Licensors, co-brand partners or other partners, or of Midano's business partners, or to utilize them in a manner that constitutes infringement in the United States or any other country in which the Site is available for use. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content of the Site is strictly prohibited.
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General
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If any provision of these Terms of Use and Privacy Statement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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Assignment
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You agree that these Terms of Use and Privacy Statement and all agreements and notices incorporated herein may be automatically assigned by Midano, in our sole discretion, to a third party. You may not assign your obligations to any other entity.
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Privacy Statement
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At Midano.com ("Midano") we want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address ("personal information").
We do not require that you provide, nor do we collect, any personal information if you are just browsing the Site. We may offer on the Site non-transactional and transaction based services ("Service(s)") in which, subject to applicable terms and availability, you may participate (e.g. submitting product reviews). In order to provide you with the Services you requested, Midano may require that you first provide certain personal information, which we determine is reasonably necessary in order for us to fulfill your request. If you indicate an interest in participating in a Service, we will identify what specific personal information you must provide prior to collecting such information. Any personal information which we collect from you will only be used for the purposes identified in this Privacy Statement, the Midano Terms of Use and your applicable Member Agreement with Midano, and as may indicated at the time the information is collected. To update, modify or delete any personal information you provide to us with respect to a Service you may access your account with Midano.
Midano will not disclose your personal information to any third party unless: 1) it is necessary in order for Midano to disclose your personal information in order to provide you with a particular service you have requested; 2) disclosure is required of Midano in order to comply with a legal process (e.g., court order, subpoena, search warrant, law enforcement request); 3) Midano determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of Midano, its subsidiaries, affiliates, partners, our users, or others.
In certain instances, Midano may request that you provide secondary information (e.g., demographic information), which we may use to, for example, learn more about out customers and to develop and improve our services. Any requests for secondary information will be marked "optional" (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customer and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.
Our web servers collect from Site visitors statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site, nor do we use this information for any such purpose. This information is collected to assist us in maintaining a high quality site, as well as providing necessary traffic information to our advertisers.
The Site contains cookie technology, which collects non-personal information about you which is used to customize the Site for your future use. In conjunction with our in-house advertising, we use third-party advertising companies to place customized advertisements on the pages you view on the Site. Our third-party advertising companies also separately place or recognize a cookie file on your browser in the course of delivering advertisements to the Site. These companies may use non-personal information collected by the cookies about your visits to the Site and other web sites in order to provide you with advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please Click Here for more info.
The Site contains links to web sites of third parties. Midano is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. Midano adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as it true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
Midano may use third-party advertising companies to serve our ads on the Site. These third-party advertising companies employ cookie and 1x1 pixel .gifs or web beacons to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our website and other websites, but will not collect any information which can personally identify you or can be linked to you. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes.
If you want to prevent a third-party advertiser from collecting data, currently you may either visit each ad network's web site individually and opt out or visit the NAI gateway opt-out site to opt-out of all network advertising cookies. Click Here for the NAI gateway opt-out site. This site will also allow you to review the third-party advertising companies' privacy policies.
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Copyrights and Trademarks
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All editorial content, graphics, and other copyrighted material on the Site (collectively, "materials") are protected by copyright law, and are owned by Midano and/or Midano's licensors. Reproduction of the Site, in whole or in part, or in any form or medium, without the prior express written permission of Midano is prohibited. Any online re-use of the Site's materials is strictly prohibited. The materials from the Site are only available for informational and noncommercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and Midano has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent to: info@Midano.com.
Any product names, marks, symbols, trade names, company names and/or logos which appear within the Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the Midano trademarks, are protected by US law, including its laws on trademark and unfair competition, and may also be protected by the laws in other countries.
Any unauthorized use of the Site's materials, the Midano trademarks, and/or the marks belonging to any other party that appear on the Site, may violate copyright law, trademark law, and unfair competition laws, among others, in the US, as well as may violate the laws in other countries, and may be subject to criminal and civil penalties.
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