Terms of Service
Thank you for your interest in becoming a member of one of the communities on the Mycelial.Earth platform.
Before accessing or using our community platform and services, it is important that you review not only these Terms of Service ("Terms") but also the Community Guidelines and Privacy Policy, which are incorporated by reference herein. The Community Guidelines set forth the rules and standards for behavior. Together, these documents govern your use of the Mycelial.Earth platform and services.
By accessing or using our platform, you agree to be bound by these Terms, the Community Guidelines, and the Privacy Policy. If you do not agree to these Terms, the Community Guidelines, or the Privacy Policy, you may not access or use our services.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Definitions
Community Platform: Refers to the digital platform, including websites, mobile applications, and any related software, provided by us to facilitate community interaction and communication.
AI Bot: Refers to the artificial intelligence bot that utilizes algorithms and data to suggest and facilitate connections between community members.
Content: Refers to any information, data, text, graphics, images, videos, or other materials shared, posted, or transmitted on the Community Platform.
Member: Refers to any individual who has registered an account and is granted access to the Community Platform.
2. Community Membership
Eligibility: Membership in any community is by invitation or application only. We reserve the right to grant or deny membership at our sole discretion. Any denial of membership will be made in compliance with applicable laws and regulations, including anti-discrimination laws. We will provide notice of denial where required by law.
Registration: To become a member, you must: (a) provide accurate, current, and complete registration information; (b) maintain and promptly update your registration information; (c) maintain the security and confidentiality of your account credentials; (d) notify us immediately of any unauthorized access to or use of your account; and (e) accept responsibility for all activities that occur under your account. You agree not to share your account credentials with any third party or allow another person to access the Community Platform using your account.
Termination: We may terminate or suspend your membership: (a) immediately upon notice for any material breach of these Terms; (b) immediately without notice if we reasonably believe your actions may cause legal liability for us or our users, or may adversely impact the Community Platform's integrity or security; (c) on violation of the Community Guidelines; or (c) upon 30 days' prior written notice for any other reason. Upon termination, you must cease all use of the Community Platform and delete any Content you have downloaded. Any provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
3. Use of the Community Platform
Acceptable Use: You agree to use the Community Platform only for lawful purposes and in a manner consistent with these Terms and the Community Guidelines. You will not engage in any activity that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
Respect for Others: You agree to treat other community members with respect and courtesy. You will not engage in any behavior that: (a) discriminates against or harasses others based on race, color, religion, gender, sexual orientation, national origin, age, disability, or any other protected characteristic; (b) constitutes hate speech or promotes violence against individuals or groups; (c) involves stalking, bullying, or intimidation; (d) interferes with or disrupts other members' use of the Community Platform; or (e) violates any applicable anti-discrimination laws or regulations. We reserve the right to remove any member who engages in such prohibited behavior.
Content: You are solely responsible for any Content you share on the Community Platform. You represent and warrant that: (a) you have all necessary rights, licenses, and permissions to share such Content; (b) the Content does not infringe upon or misappropriate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party; (c) the Content does not contain any viruses, malware, spyware, or other harmful code; and (d) the Content complies with all applicable laws and regulations. You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to your Content or your breach of these representations and warranties.
AI Bot: You acknowledge that the AI Bot is designed to suggest connections based on algorithms and data. While we strive to provide accurate and relevant suggestions, the AI Bot's recommendations are provided "as is" and for informational purposes only. You understand and agree that: (a) you are solely responsible for evaluating and deciding whether to act on any suggestions made by the AI Bot; (b) we make no representations or warranties about the accuracy, completeness, or usefulness of any suggestions; and (c) we are not responsible for any actions you take or decisions you make based on the AI Bot's suggestions. We reserve the right to modify or discontinue the AI Bot feature at any time without notice.
4. Intellectual Property
Ownership: We retain all right, title, and interest in and to the Community Platform, including all software, code, design, text, graphics, logos, and trademarks. You may not use our intellectual property without our prior written consent.
Feedback: We welcome your feedback and suggestions about the Community Platform. By providing feedback, you hereby grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such feedback for any purpose, including improving and promoting the Community Platform. You represent and warrant that you have all rights necessary to grant us such a license.
We claim no ownership rights in any Content you share through the Community Platform. However, by sharing Content, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, store, display, reproduce, and distribute such Content solely for the purpose of operating and providing the Community Platform services. This license terminates when you remove your Content from the Platform or close your account, except to the extent your Content has been shared with others and they have not deleted it.
We will not sell, license, rent, or otherwise commercialize your Content to any third parties. Additionally, we will not use your Content for training, developing, or improving any artificial intelligence, machine learning, or similar technologies, unless we obtain your explicit written consent.
Notwithstanding the foregoing, you acknowledge and agree that we may transfer, sell, or assign your information, including personal information, content, and data, to a third party in the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). In such events, we will use reasonable efforts to ensure that the transferee uses your information, including personal information, content, and data, in a manner that is consistent with our Privacy Policy and these Terms. Furthermore, we will provide notice to you, either through the Community Platform or via email, before any such transfer of your information, allowing you to make informed decisions regarding your continued use of the Community Platform.
5. Privacy
Privacy Policy: Our Privacy Policy, available at https://mycelial.earth/privacy, is incorporated by reference into these Terms and describes how we collect, use, store, protect, and share your personal information. By using the Community Platform, you acknowledge that you have read and understood our Privacy Policy and consent to our collection, use, storage, and sharing of your personal information as described therein. You also acknowledge that the Community Platform may be hosted and your data may be processed in jurisdictions other than your own, and you consent to such cross-border data transfers in accordance with our Privacy Policy.
6. Disclaimer of Warranties
No Warranty: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMMUNITY PLATFORM AND ALL CONTENT, SERVICES, AND PRODUCTS ASSOCIATED WITH IT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR COMPATIBILITY WITH ANY PARTICULAR HARDWARE OR SOFTWARE.
No Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (a) YOUR USE OR INABILITY TO USE THE COMMUNITY PLATFORM; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE COMMUNITY PLATFORM; (c) ANY CONTENT OBTAINED FROM OR THROUGH THE COMMUNITY PLATFORM; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
7. Limitation of Liability
Limited Liability: In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the greater of (a) the amount of fees paid by you to us for access to the Community Platform in the twelve (12) months preceding the incident giving rise to liability, or (b) $100. The foregoing limitations will not apply to damages arising from our gross negligence or willful misconduct, or to any other liability that cannot be excluded or limited under applicable law.
8. Service Interruptions, Data Loss, Security Breaches
Service Interruptions: We do not guarantee that the Community Platform will be available at all times or that it will be free from errors, viruses, or other harmful components. You acknowledge that there may be occasions when the Community Platform may be interrupted, including, but not limited to, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Mycelial.Earth shall not be liable for any such interruptions or the loss of any data or information.
Data Loss: While we take reasonable measures to back up data and to provide a secure environment, we do not warrant that any data or information you provide to us will be secure or free from loss or unauthorized access. Mycelial.Earth shall not be liable for any data loss or for any damages or costs resulting from such data loss. You are responsible for backing up your own data and information.
Security Breaches: Despite our efforts to ensure the security of your information on the Community Platform, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot guarantee the security of any information you transmit to us or guarantee that information on the Community Platform may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. In the event of a security breach that may affect you, we will notify you as soon as reasonably possible, in accordance with applicable laws and regulations.
By using the Community Platform, you acknowledge that you understand and agree to assume these risks.
8. Governing Law
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions.
9. Dispute Resolution
Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration before one arbitrator. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, and the place of arbitration shall be Delaware. The arbitration shall be conducted in English. The arbitrator's award shall be final and binding and may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Community Platform. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
10. Changes to the Terms
Amendments: We may amend these Terms from time to time by posting the amended Terms on the Community Platform and providing notice to you through the Platform or via email. Any such amendments will become effective thirty (30) days after posting. Your continued use of the Community Platform after the effective date of any amendments constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop using the Community Platform before the effective date.
If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us at [INSERT CONTACT EMAIL] or write to us at: [INSERT MAILING ADDRESS]. For legal notices, please send correspondence via certified mail to: Legal Department, [INSERT COMPANY NAME AND ADDRESS].