Terms Of Use

Without limiting anything in these Terms of Service (“TERMS”), the following principles apply to your use and access of MuckDocs:

  • MuckDocs provides for the hosting and publishing of user submitted content.
  • Regarding your content submissions, you agree that you will NOT submit any content to MuckDocs that:
    • is adult oriented or pornographic;
    • infringes any trademark, copyright or other legitimate proprietary rights of any party;
    • is unlawful, harmful, abusive, or defamatory;
    • is to be used in unsolicited advertising, promotional materials, or spam; and/or
    • is illegal or in violation of any United States law.
  • You will not use, display, mirror, frame, or utilize framing techniques to enclose MuckDocs, or any content or individual element within MuckDocs; access, tamper with, or use non-public areas of MuckDocs, The Fourth Estate’s computer systems, or the technical delivery systems of Fourth Estate’s providers; attempt to probe, scan, or test the vulnerability of any Fourth Esate system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Fourth Estaete or any of Fourth Estate’s providers or any other third party (including another user) to protect MuckDocs or Fourth Estate Content; attempt to download Fourth Estate Content from MuckDocs through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than those generally available third party web browsers for general consumer use (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera); attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide MuckDocs, or its content. You acknowledge that any violations of this provision is subject to injunctive relief and you agree to personal liability on behalf of all participants to the violations regardless of entity affiliation, for all attorney fees, and legal costs related thereto.
     
  • Don’t use MuckDocs to post advertising, promotional materials, or other forms of solicitation.
     
  • Don’t use MuckDocs or any of its content for any commercial purpose.
     
  • Don’t encourage or enable any other individual to do any of the foregoing.

Legal Agreement

These TERMS are a legal agreement between you and The Fourth Estate Public Benefit Corporation (“Fourth Estate”) and apply to you whether or not you are a registered user or a visitor just browsing the website muckdocks.com, or one of its affiliated URLs (collectively, the “Site”).  Your access or use of MuckDocs signifies that you have read, understand, and agree to be bound by these TERMS.

If you do not agree to these TERMS, then you have no right to access or use MuckDocs, or any content contained on it. Please note that this Agreement contains disclaimers of warranties and liability, and an exclusive remedy, and your acceptance of these limitations is an essential condition of the bargain between Fourth Estate and you.

Eligibility

MuckDocs and its contents are available only to non-commercial users who can form legally binding contracts under applicable law. By using MuckDocs, you represent and warrant that you are at least eighteen (18) years of age and otherwise capable of forming a legally binding contract. Any use or access to MuckDocs by anyone under thirteen (13) is expressly prohibited regardless of any ability to enter in contracts or authorized by a parent or guardian.

Modification of TERMS

Fourth Estate reserves the right to make changes to these Terms of Service at any time by posting the revised TERMS to MuckDocs. You are responsible for regularly reviewing these TERMS. Your continued use of MuckDocs after the effective date of such changes constitutes your acceptance of such changes. All notices will be deemed made upon being transmitted or posted regardless of the date of receipt by you. If the modified TERMS are not acceptable to you, your only recourse is to cease using MuckDocs.

Accounts; Password

In order to access some of the features of MuckDocs, you will have to create an account (an “Account”). During the registration process, you will be required to provide certain information and you will establish an online persona and a password. You represent and warrant to Fourth Estate that all information you submit when you create your Account is accurate and complete. If Fourth Estate has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, Fourth Estate reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. 

You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your user number/login and password. You must notify Fourth Estate immediately of any breach of security or unauthorized use of your Account.

Since MuckDocs strives to provide anonymity, it keeps as little information as possible

Monitoring of Content; Account Termination

Fourth Estate does not pre-screen User Submissions or Accounts. Fourth Estate has no obligation to monitor use of MuckDocs or to review or edit any User Submissions (defined below), but has the right to do so for the purpose of operating MuckDocs; investigating, and enforcing possible violations of these TERMS; or to comply with applicable laws or the order or requirements of a court, administrative agency, or other governmental body.

Fourth Estate may remove, limit access or block any User Submissions at any time, with or without cause, with or without notice. Additionally, Fourth Estate reserves the right to disable access to MuckDocs, or terminate or suspend a users Account, at any time, with or without cause, with or without notice. If Fourth Estate terminates or suspends your Account for any reason you will not create another Fourth Estate Account or otherwise attempt to access your Account without first receiving Fourth Estate’ express written permission to do so. 

Without limiting any other terms of these TERMS, you may stop using MuckDocs (including any related services) at any time.

Any suspension or termination of your Account or other access to MuckDocs, whether by Fourth Estate or you, will not affect your obligations to Fourth Estate under these TERMS (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Privacy Policy

See MuckDoc’s Privacy Policy for information and notices concerning Fourth Estate’ collection and use of your personal information.

Intellectual Property

Certain types of content are made available through MuckDocs. “Fourth Estate Content” means the text, data, graphics, images, phoTERMS, video or audiovisual content, hypertext links, and any other content made available through MuckDocs, excluding User Submissions. “User Submissions” means any, text, data, graphics, images, phoTERMS, video or audiovisual content, hypertext links, and any other content uploaded, transmitted or submitted by users of MuckDocs (including both Account holder and non-Account holders) to or via MuckDocs, including, without limitation in their questions and answers or otherwise through their interactions with MuckDocs or other users.

Ownership

MuckDocs, and Fourth Estate Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these TERMS, Fourth Estate and its licensors exclusively own all right, title, and interest in and to MuckDocs and Fourth Estate Content, including all associated intellectual property rights.

User Submissions

Fourth Estate does not claim any ownership rights in any User Submissions and nothing in these TERMS will be deemed to restrict any rights that you may have to use and exploit any such User Submissions submitted by you.

However, by making available any User Submissions through MuckDocs, you hereby grant to Fourth Estate a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, broadcast, and otherwise exploit such User Submissions in any and all media or distribution methods. By way of example and not limitation, Fourth Estate may modify or adapt your User Submissions in order to transmit, display, or distribute such submissions over computer networks and in various media and/or make changes to your User Submissions as are necessary to conform and adapt your User Submissions to any requirements or limitations of any networks, devices, services, or media. Fourth Estate also has the right to make your User Submissions available to other companies, organizations, or individuals who partner with Fourth Estate. Such uses by Fourth Estate or other companies, organizations or individuals who partner with us may be made with no compensation to you with respect to your User Submissions or otherwise.

You acknowledge and agree that you are solely responsible for all User Submissions that you make available through MuckDocs. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Submissions that you make available through MuckDocs or you have all rights, licenses, consents, and releases that are necessary to grant to Fourth Estate the rights in such User Submissions, as contemplated under these TERMS; and (ii) neither the User Submissions nor your posting, uploading, publication, submission, or transmittal of the User Submissions or Fourth Estate’ use of the User Submissions (or any portion thereof) on, through, or by means of MuckDocs will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

DMCA Notice Policy

MuckDocs respects the legitimate intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf,

MuckDocs will respond to claims of copyright infringement committed using the MuckDocs service and/or the MuckDocs website if such claims are reported to Dropbox’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the MuckDocs by completing a correct  DMCA Notice of Alleged Infringement and delivering it to MuckDoc's Designated Copyright Agent. Upon receipt of a properl notice as described below, MuckDocs will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

Submit DMCA Claim

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use, or ).”

    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to MuckDocs’s Designated Copyright Agent:

MuckDocks // Copyright Agent
c/o Fourth Estate Public Benefit Corporation
261 NE 1st Street, 5th Floor
Miami FL 33132
[email protected]

 

 

 

Interactions between Users and Third-Parties

You are solely responsible for your interactions (including any disputes) with other users or other parties referenced in any User Submissions. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using and posting User Submissions to MuckDocs and disclosing any personal information to other Fourth Estate users.

Disclaimers

Your use (including posting User Submissions) of MuckDocs, Fourth Estate Content and any other content, services, or features made available through MuckDocs is at your sole risk and discretion and Fourth Estate hereby disclaims any and all liability to you or any third party relating thereto.

THE FOURTH ESTATE PUBLIC BENEFIT CORPORATION MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. MUCKDOCS, FOURTH ESTATE CONTENT AND USER SUBMISSIONS, AND ANY OTHER CONTENT, SERVICES, OR FEASTURES MADE AVAIALBLE THROUGH MUCKDOCS ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

WITHOUT LIMITING THE PREVIOUS PARAGRAPH, FOURTH ESTATE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE FOURTH ESTATE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAIALBLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS OF SERVICE.

Limitation of Liability

Fourth Estate Public Benefit Corporation is not responsible in any way for any damages or losses, either directly or indirectly, arising from your use or access of MuckDocs, or by your inability to use MuckDocs. Your sole and exclusive remedy for any dispute or claim against Fourth Estate is to discontinue using MuckDocs.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF MUCKDOCS, FOURTH ESTATE CONTENT AND USER SUBMISSIONS, AND ANY OTHER CONTENT THEREIN REMAINS WITH YOU. NEITHER FOURTH ESTATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING MUCKDOCS OR FOURTH ESTATE CONTENT WILL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE FOURTH ESTATE SITE, EVEN IF FOURTH ESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU HAVE ANY DISPUTE OR CLAIM WITH OR AGAINST ANY FOURTH ESTATE PARTY WITH RESPECT TO THIS AGREEMENT OR THE FOURTH ESTATE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MUCKDOCS.

EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, YOU SPECIFICALLY ACKNOWLEDGE THAT FOURTH ESTATE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, OR ANY OTHER DAMAGES THAT MAY RESULT FROM THE USE OF MUCKDOCS (INCLUDING FOURTH ESTATE AND USER SUBMISSIONS) BY YOU. YOU ACKNOWLEDGE THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FOURTH ESTATE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold Fourth Estate, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Submissions, your access to or use of MuckDocs or Fourth Estate Content, or your violation of these TERMS.

Third Party Links

MuckDocs may contain links to third-party websites or resources. Fourth Estate is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fourth Estate of such websites or resources or the content, products, or services available from such websites or resources.

Compliance with Local Laws

Fourth Estate makes no representation or warranty that the use or access to MuckDocs, Fourth Estate Content and User Submission are appropriate in every country or jurisdiction, and access to this Site and its content from countries or jurisdictions where such access and content is illegal is prohibited. Users who choose to access or post to MuckDocs are responsible for compliance with all local laws, rules, and regulations.

Export Controls

Some aspects of MuckDocs (including its submission process and account information) may be subject to United States export controls. Access to and use of MuckDocs and its content is prohibited from any country to which the United States has embargoed goods (Syria, Sudan, North Korea, Afghanistan, Cuba, Iran, Iraq, and Libya) and from any organization named on the United State's Commerce Department's "Denied Parties List." In using MuckDocs, you are tacitly consenting to abide by all applicable U.S. export laws and regulations. You are also confirming that you are not under the control of or residing in any country named under U.S. export law. For more complete information on export laws, please refer to the U.S. Commerce Department Bureau of Export Administration at (202) 482-2440, or (202) 482-4811.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names, and any other proprietary designations of Fourth Estate used herein are trademarks or registered trademarks of Fourth Estate. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Miscellaneous

Governing Law - These TERMS and any action related to MuckDocs or its content (both Fourth Estate Content and User Submission) thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to MuckDocs or these TERMS will be in the state and federal courts located in Miami, Florida.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE REGARDING THESE TERMS OF SERVICE, OR ARISING OUT OF OR RELATED TO MUCKDOCS OR ITS CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION INITIALLY ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Entire Agreement - These TERMS constitute the entire and exclusive understanding and agreement between Fourth Estate and you regarding MuckDocs, Fourth Estate Content and User Submissions, and these TERMS supersede and replace any and all prior oral or written understandings or agreements between Fourth Estate and you regarding MuckDocs, Fourth Estate Content, and User Submissions. If for any reason a court of competent jurisdiction finds any provision of these TERMS invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TERMS will remain in full force and effect.

Assignment - You may not assign or transfer these TERMS, by operation of law or otherwise, without Fourth Estate’ prior written consent. Any attempt by you to assign or transfer these TERMS, without such consent, will be null and of no effect. Fourth Estate may freely assign these TERMS. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices - You consent to the use of: (i) electronic means to complete these TERMS and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these TERMS or your use of MuckDocs.

The failure of Fourth Estate to enforce any right or provision of these TERMS will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these TERMS, the exercise by either party of any of its remedies under these TERMS will be without prejudice to its other remedies under these TERMS or otherwise.

HTML is accepted.