Terms of Service

Effective Date: October 26, 2023

Welcome to mellowed.top. These Terms of Service ("Terms") govern your access to and use of the mellowed.top website and any related services, content, and applications (collectively, the "Service"). The Service is provided by mellowed.top ("we," "us," or "our").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and mellowed.top. We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Use of Service

The Service is intended for users who are at least 13 years of age. If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

2.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

2.2 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harassing, abusing, threatening, or impersonating any person or entity.
• Interfering with or disrupting the Service or servers or networks connected to the Service.
• Attempting to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
• Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Reverse engineering, decompiling, or disassembling any portion of the Service.
• Uploading or transmitting viruses, worms, or any other malicious code.
• Collecting or harvesting any personally identifiable information from the Service.
• Using the Service to generate or distribute unsolicited commercial communications ("spam").

We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

3. User Responsibilities

3.1 Account Security

If the Service requires you to create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.2 User Content

Some areas of the Service may allow you to post, link, store, share, or otherwise make available content, such as text, images, or other material ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content.

By posting User Content, you grant mellowed.top a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business.

You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content and that it does not violate any third-party rights.

3.3 Acceptable Use

You agree to use the Service in a manner that is lawful, relevant, and proper. Any use of the Service that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Service is expressly prohibited.

4. Intellectual Property

The Service and its original content, features, functionality, design, and look are and will remain the exclusive property of mellowed.top and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of mellowed.top.

You acknowledge that the Service may contain content provided by third parties and that such content is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws.

If you believe that your intellectual property rights have been infringed by content on the Service, please contact us at [email protected] with a detailed description of the alleged infringement.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MELLOWED.TOP, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US, IF ANY, FOR ACCESS TO AND USE