Moliarty T&C.
General Terms and Conditions:Service:
Moliarty is a browser and cloud-based encryption presentation application. It enables its users to perform local and browser-based encryption of files as well as the sharing and secure presentation of this content. For this purpose, users' files are stored in the Moliarty Sharing Cloud. Through end-to-end encryption, Moliarty transmits and stores only encrypted data.
Terms of Use.
Use of our services, software, websites (including browser extensions) and/or applications (collectively, the "Services") and access there to are subject to these Terms of Use. The Services may be provided online, in the form of mobile applications and/or Desktop Applications, or may be incorporated into third party services. The Services enable you to upload, transmit, store, share, receive, collect, capture and/or visualize ideas, text, graphics, video, data, information, files, presentations, or other content, including third party content, used by you (collectively, "Content").
All rights in and responsibility and liability for all Content rest with you. Moliarty does not claim ownership of your Content.
The Services are provided to you as a user of the Services by:
. Nerdindustries GmbH
Kaiser-Wilhelm-Str. 85
20355 Hamburg
HRB 136001
Hamburg Local Court
By using our service, you agree to the terms of use set forth herein. These supersede all prior oral and written offers, conditions, notices exchanged between you and Moliarty, Agreements and understandings.
If the Services include, are used in conjunction with, or are incorporated into the Third Party Services or are integrated with the third-party services, in addition to these Terms of Use, the terms and conditions, the unlawful content reporting and removal policies, and the privacy and cookie policies of the applicable third party providers may also apply. If you use the Services on behalf of your employer or other organization, you agree to the terms and conditions of that organization and you represent that you have the appropriate authority to do so. Moliarty is in no way liable for any third party services, terms or policies.
Applicability.
Only legal entities (16 years of age or older) or corporations are permitted to use our service.
The free-to-use application of Moliarty does not require registration or login. The service is free of charge for the users with a limited range of functions usable. For the extended use of:
more file formats and file sizes
more cloud storage
Customization
Tracking function
User management
Support
Guaranteed bandwidth
the conclusion of one of our paid offers is necessary.
Moliarty does not have plain-text access to the content you share in either the free or paid offerings of our Services. We can neither view nor decrypt them, since the decryption keys are generated locally by the users in their browser and are not transmitted to us. Recovery of data after loss of the decryption key is therefore impossible.
Moliarty treats content as confidential and does not control the use of download links, regardless of, whether they were originally distributed by us or by you. Recipients may forward the links and allow others to use them. You are solely responsible for the content you upload and share.
Moliarty is not liable for the content shared and uploaded by users.
According to the Telemedia Act, Moliarty is obliged to delete data immediately if we are notified by official bodies, that it is criminally relevant content.
In the event of a violation of our guidelines for the use of our services and a violation of the law, we reserve the right to suspend the respective users (if known) from the use of our offer to exclude.
All content uploaded to the Moliarty Sharing Cloud, will be irrevocably deleted in the free-to-use version of our service after 7 days. The files in question will then no longer be available or retrievable.
If you have encountered illegal content that has been shared with you, please inform us here: legal@moliarty.com
Moliarty may amend these Terms of Use from time to time. The amended Terms of Use will be effective upon posting of the amended Terms of Use on one or more of Moliarty's websites and/or mobile applications and/or desktop applications, or from a later date specified in the amended Terms of Use. Therefore, we recommend that you read the Terms of Use regularly to take notice of any changes. By continuing to use the Services you agree to be bound by the amended Terms of Use. In the event of any material changes to the Terms of Use, you will be notified in advance, either while you are using the Services or by means of a message to the contact information you provide to us, or by posting a notice on one or more of Moliarty's websites and/or mobile applications and/or desktop applications. If you do not agree to any change, you may cancel your subscription.
Content Ownership, Permissions and Responsibilities
. Moliarty does not claim ownership of any Content created, used, stored or shared by you through the Services, and the sole Responsibility for such Content rests with you. You are also solely responsible for ensuring that it is shared with the proper recipients. For damages in connection with the Content is the sole responsibility of the person who creates, uses, stores and/or shares such Content through the Services. You agree that download and/or access links may be forwarded, and that recipients who have access to such a Link may access the associated Content.
By using the Services, you acknowledge that you have the necessary permissions (including, without limitation, from the copyright or other intellectual property rights owner) to distribute, sublicense, transfer, store, and publish the Content online as part of the Services.
In no event will Moliarty be liable to you or to any third party for any damages in connection with any Content created, used, stored or shared by you through the Services, including copyrighted works and trademarks.
Moliarty does not provide any public search function, overview or list to locate content.
Limitations
. As a condition of using the Services, you thereby consent not to create, use, store or share any Content,
That contains child sexual abuse images, that is obscene, defamatory, libelous, offensive, discriminatory, threatening, abusive, harassing, lewd, vulgar or unlawful, which propagate racism, violence or hatred, that is materially false, inaccurate, misleading or deceptive, in which you have no rights, that infringes, violates or misappropriates the intellectual property rights, privacy rights, including data protection rights, or any other right of any third party, violate or affect any applicable law or regulation; and/or that constitutes hate speech, whether directed at individuals or a group and whether directed at race, gender, creed, national origin, religious affiliation, sexual orientation, language, or any other characteristic of the individual or group. Additionally, you affirm, Not to insult, harass, persecute, intimidate, threaten or defame anyone, commit acts of violence or other crimes, or encourage others to do so, not impersonate any person or entity, or misrepresent your affiliation with any such person, not to gain access to non-public areas of the Services, not to exercise any influence over restrictions on access or use, not to use any data mining or similar data gathering and extraction methods, or otherwise collect any information about users of the Services, not to send any viruses, malware, ransomware, junk mail, spam messages, chain letters, phishing messages or unsolicited messages or advertisements of any kind or for any purpose, not to interfere with, damage or disrupt the Services and to refrain from any action that may cause this, attempt to discover, probe or test the vulnerability of the Services or any related service, system or network; or circumvent security or identification measures, unless you act in accordance with our Responsible Disclosure of Security Vulnerabilities Policy, not to use any automated means to access or use the Services without permission, not to reverse engineer or decompile the Services, in whole or in part, not to resell, sublicense, lend, rent, offer or otherwise commercialize the Services without our consent, not to give others access to your account. Violation of Terms and Conditions.
Moliarty reserves the right, without prior notice or liability, to review content and/or account information, to make it available to third parties, (temporarily) block and/or permanently delete from its servers, or block anyone from accessing any part of the Services, if Moliarty determines, in its sole discretion or upon receipt of substantiated and reasonable complaints, determines that you are in violation of these Terms or in violation of any applicable law or regulation. Intellectual Property Rights All intellectual property rights and/or similar rights in the Services (including software, background images, WePresent content, photos, graphic design, typeface, likenesses, logos, trademarks, trade names, domain names, copyrights, and patents) belong to Moliarty and/or its licensors, and you may not use, remove, modify, copy, reproduce, distribute, decompile or reverse engineer any part of it in any way. Moliarty assumes no responsibility or liability for any third party content posted within the Services, links in advertisements to external websites, or any content, products or Services offered on external websites. You acknowledge and agree that any use outside of the Services is at your own risk. You shall always consider and respect the good name and reputation of Moliarty, as well as ensure that the rights and/or good name and reputation of Moliarty and its licensors are not affected in any way by your use of the Services. Disclaimer and account registration.
Moliarty provides the Services "as is" and without warranty of any kind. Without limiting the foregoing, Moliarty expressly disclaims all warranties of merchantability, fitness for a particular purpose and third party rights. Moliarty does not warrant that the Services will be uninterrupted, secure or error-free. You use the Services at your own risk. You acknowledge and agree that Moliarty shall not be liable for any damages to you or any third party as a result of your use of the Services to any computer system or mobile device, nor for any failure of the Services to store, transmit or delete any file, nor for any damage to or loss of the Services or for damage to or loss of any data, information or content contained in a file. Moliarty may modify, discontinue or enhance its Services from time to time and reserves the right, in its sole discretion, to make any feature or functionality of the Services limited access to or elimination of any feature or function of the Services in its sole discretion. Some of the Services require you to register and provide us with information such as your email address, password and/or payment information. You are required to ensure that these details are accurate and kept up to date in your account settings. You are responsible for any activity in or in connection with your account. Therefore, you should not share your password and keep it carefully secret. Moliarty reserves the right to delete the account in case of suspected misuse of registrations or account data. In no case Moliarty will be liable for any loss or damage as a result of unauthorized use of your account. Liability and indemnification You shall indemnify and hold Moliarty (including its employees and affiliates) harmless from and against any and all claims, incidents, liabilities, proceedings, damages, losses and expenses (including legal and accounting fees) arising out of or otherwise relating to your access to or use of the Services or otherwise in connection therewith, including any claim by a third party that any material created, used, disclosed, or made by you or through the use of your account on the Services, including any claims by third parties that any Content created, used, stored or shared by you or using your account infringes or violates the rights of any third party. The Services may provide integration with third party services. You acknowledge that (i) Moliarty is not responsible for the acts or omissions of any such Third Party Services, (ii) Moliarty is not acting on behalf of such Third Party Services, and (iii) your use of such Services is subject to the terms and conditions in effect between you and the the provider of the services. Moliarty shall not be liable for any damages or injury arising out of your use of the Services, including (temporary) unavailability or (accidental) Deletion of your content or account. The disclaimers in this section do not apply to damages caused by intent or gross negligence on the part of Moliarty. In the event that Moliarty is liable for any damages under any mandatory law, Moliarty's total liability to you for any and all claims arising out of or in connection with the use of the Services shall in no event exceed an amount of one hundred euros (€100) per claim. Waiver, severability clause and assignment of rights Moliarty's failure to enforce any provision shall not be construed as a waiver of its right to enforce such provision at a later date. If any provision of these Terms is found to be (in part) illegal, unenforceable or otherwise invalid, then (i) the remainder of the Terms shall remain in full force and effect to the extent permitted by or consistent with applicable law; and (ii) then such portion shall be deemed stricken and shall be replaced by a valid one that most closely approximates in economic effect the invalid portion. You may not assign any of your rights under these Terms. Moliarty may at any time, without your consent or other restriction, assign its rights to any of its affiliates or subsidiaries or to any successor in interest to any business related to the Services. You may not assign your rights under these Terms of Service. Moliarty may at any time, without your consent or any other restriction, assign its rights to any of its affiliates or subsidiaries or any successor in interest to any business associated with the Services. Applicable Law and Jurisdiction These Terms of Use and any non-contractual obligations arising out of or in connection with these Terms of Use shall be governed by and construed in accordance with the laws of Germany and shall be construed in accordance therewith. Any consumer protection rights you may have under mandatory laws in your country of residence are not affected by these Terms of Use shall remain unaffected by these Terms of Use. Any disputes relating to these Terms of Use shall be decided by the competent court in Hamburg, Germany.
