TERM of SERVICES & PRIVACY POLICIES

Mundoyo : Terms of Service As of October 30, 2010

Please take the time to read this ENTIRE agreement (“Agreement”) governing your responsibilities (hereinafter, “you”, “your” or “user”) and use of the Mundoyo site ("MundoYo”, “Site”, "us", "our" or "we"). If you don't abide by this Agreement, it could result in termination of your Mundoyo account and/or may expose you to other liability.

To receive your own channel from Mundoyo and use our Site you must agree to and follow the terms and conditions of service (the “TOS”). Unless specifically mentioned, the following statements apply to all Mundoyo partners and affiliates.

1. What You Are Agreeing To.

Mundoyo provides its Site and its service to you, subject to these TOS. Your use of the Site let's us know that you accept these TOS. Mundoyo reserves the right, in its sole and absolute discretion, to change this TOS at any time. Changes will be put up on the Site and your continued use of the Site will constitute your acceptance of these TOS or any revised TOS. Mundoyo will strive to let our users know that changes to this TOS have been made, but is in no way obligated to do so. Mundoyo may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. Mundoyo hereby specifically disclaims responsibility for your failure to read any third party terms of service.

2. Who Can Use Mundoyo.

Those that are of legal age to form a binding contract or otherwise have permission and are not a person barred from receiving services under the laws of Thailand or other applicable jurisdiction can use this Site. In no such case are you qualified for our services if you are under the age of 13.

3. Your Registration Data.

To use Mundoyo you agree to: (a) provide true, accurate, current and complete information about yourself as requested by Mundoyo 's registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mundoyo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mundoyo has the right to suspend or terminate your account, remove your videos and refuse any and all current or future use of the Site (or any portion thereof).

4. A Description of Our Services.

Mundoyo manages and maintains the software and infrastructure of personalized and customized video channel portals for your and community use. You agree that in order to provide you this service and in order to keep it free, Mundoyo can place advertisements into any interface provided for by the Mundoyo software or the Site. This includes your channel, other channels and all Mundoyo created channel. Such advertisements are under Mundoyo’s sole and absolute control and may not be removed for any reason.

5. Harsh Words About Ownership of Content / Limited License to Mundoyo.
A. We consider all content uploaded to Mundoyo servers the property of the person who uploaded it. Therefore, you should ONLY upload content that you have created, you own, you have a license from a third party to upload the specific content on the internet, or content that is in the public domain. Content includes, but is not limited to: texts, images (both moving and still), photographs, music, and sounds. You assume all risk and responsibility for determining whether the content uploaded meets with the requirements of this paragraph.

B. You hereby grant Mundoyo a limited, non-exclusive, perpetual, worldwide license to encode, distribute, and display your content over the Site and to use such content for advertisement purposes as Mundoyo sees fit, in any medium, in its sole and absolute discretion, without any compensation to you. You represent and warrant that you are authorized to grant to Mundoyo all rights set forth in the preceding sentence. In order to revoke this license granted to Mundoyo, simply remove your content.

6. Harsh Words About Other Prohibited Content.
In exchange for your use of Mundoyo you also agree that you will not post profanity, offensive sexual content, attacks, comments or opinions about other people or things that slander, defame, threaten, insult or harass another person, content meant for proprietary gain, content that might identify another user without their permission, links to or advertisements for third party commercial websites, spamming material, viruses or corrupt files, other content that Mundoyo deems, in its sole and absolute discretion, to be inappropriate for this Site.Mundoyo reserves the right to investigate and take appropriate action against anyone who, in Mundoyo’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Mundoyo Site, terminating the Membership of such violators, and pursuing appropriate legal action. Prohibited Content on the Site includes, but is not limited to, Content that is:

1. offensive, racist, hate or threatens physical harm of any kind against any group or individual;

2. harasses another person;

3. exploits sex in a violent manner;

4. contains nudity;

5. solicits personal information from anyone;

6. provides personal information;

7. promotes false or misleading information;

8. promotes illegal activities;

9. promotes unauthorized copying of another person's copyrighted work;

10. involves the transmission of "junk mail," or spam;

11. involves commercial activities;

12. includes a photograph of another person without that person's consent

7. Harsh Words About Other Prohibited Conduct That Interferes With the Site.
You cannot alter or unnecessarily interfere with the Mundoyo website. This includes, but is not limited to, using automated script programs to customize and aggregate our features and our user’s information, conduct which unduly burdens the Mundoyo servers and commercial conduct.

8. Your Use of the Site / Our Limitation of Liabilty.
You agree to manage and maintain content on the system in a legal and respectful manner that follows this TOS. You further agree that Mundoyo is not liable for content uploaded and distributed by you. Mundoyo hereby disclaims any liability from, including but not limited to, content posted by you that violates these TOS, violates federal or state copyright law, trademark law, patent or trade secret law, state privacy law and content that is otherwise libelous or defamatory.

9. Our Cancellation Policy.

You are free to cancel your Mundoyo account at any time. Cancellation requests must be sent via email from the contact address for the account to Customer@ Mundoyo.com

10. Our Termination of Service / Removal Policy.

We reserve the right to temporarily deactivate or permanently remove any Mundoyo account at any time, in our sole and absolute discretion, for any reason, including, but without limitation, the following: lack of use, use inconsistent with these TOS, illegal use, and network or server abuse.

11. Another Limitation of Liability / Our Disclaimer of Warranties.

Mundoyo attempts to ensure that service and the Site are available at all times. However, service is provided "as-is" and “as available” Neither Mundoyo nor any provider of third party content, nor any of their respective agents (i) warrants that the service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from the use of our services or the Site, (iii) makes any warranties of any kind, either express or implied, including but without limitation, warranties of title, any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages associated with Mundoyo service or Site, or (iv) warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features. Furthermore, Mundoyo makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user. Copyright All Web-site materials, including, without limitation, the Mundoyo logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2010 Mundoyo Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Mundoyo or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of Mundoyo or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials. Trademarks Mundoyo, the Mundoyo logo and the products and services described in this Site, including without limitation Mundoyo and registered trademarks of Mundoyo and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mundoyo. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Mundoyo, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mundoyo. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. 

12. Our Notice Display Policy / Third Party Advertisements.

Any ’Powered by Mundoyo’ messages at the bottom of Mundoyo pages and/or any third party advertisers banners and/or links must remain intact and visible on each page in which it appears. Failure to comply with this provision will also constitute grounds for account deactivation.

13. Third-party Advertisers,

Links to Other SitesMundoyo allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Mundoyo Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Mundoyo Sites. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.Mundoyo does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks Mundoyo to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Mundoyo Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. Mundoyo's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

14. In the Event of Merger, Sale, or BankruptcyIn the event that Mundoyo is acquired by or merged with a third party entity

, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

15. Our Server Downtime Policy.

While Mundoyo attempts to maintain it server up 100% of the time, we reserve the right to schedule routine maintenance on our servers. Maintenance may affect the availability of service for short periods of time. We disclaim liability for server downtime as set forth above.

16. Some Words About Mundoyo Interface and Functionality.

Mundoyo strives to create a reliable, powerful and easy to use interface. As such Mundoyo reserves the right to make changes to the interface, functionality and capabilities of the system in order to optimize the service, increase functionality or insure server performance. Mundoyo will endeavor to notify users in a timely manner of any planned interface changes, or future functionality of the site that in development, but is under no obligation to do so. Some changes may be made without your consent or notification.

17. Your User Account, Password and Security.

You will receive a password and account designation upon completing the Mundoyo’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Mundoyo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access. Mundoyo cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

18. Important Privacy Info.
Information that you provide at registration, as well as certain other information about you, is subject to the Mundoyo Privacy Policy.

19. Indemnification.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Mundoyo.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST Mundoyo.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY THAI., INTERNATIONAL, FOREIGN, OR COUNTRY LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.

20. This is the Entire Agreement About These TOS.

This TOS constitutes the entire Agreement relating to the TOS only between you and Mundoyo with respect to use of the Site. However, there may be other agreements found throughout our site that your acceptance to is necessary for your continued use (i.e. Director Members, Terms of Use). This TOS supersedes any prior agreements, oral or written, between you and Mundoyo relating to the TOS. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on Mundoyo. 
You also may be subject to additional terms and conditions that may apply when you use affiliate or other Mundoyo services, third-party content or third-party software.

21. Special Note to International Users

The Mundoyo site are hosted in Thailand. If you are a User accessing the Mundoyo Sites from the North America, South America, European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Thailand laws, please be advised that through your continued use of the Mundoyo Sites, which are governed by Thailand law, this Privacy Notice, and our Terms of Service, you are transferring your personal information to Thailand and you consent to that transfer.

22. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.

23. Statute of Limitiations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

24. Section Titles.
The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. Report Violations.
Please report any violations of this TOS to Mundoyo at the following address: 
2 soi 1 Nimmanhemin road SuthepMuang Chiangmai 50200 THAILAND



MundoYo Privacy Policy

Protecting the privacy of all of our users ("Users", "you" or "your") is a dedicated commitment of Mundoyo.com and all of the services brought to you by Mundoyo.com (collectively, " Mundoyo ", "us" or "we"). This Privacy Policy ("Privacy Policy"), applies to all URLs and services provided under Mundoyo name and in connection with the Mundoyo marks. It explains how Mundoyo treats personal information that we collect and receive on the Mundoyo website from our users and visitors.

Personal information is information about you that is not otherwise available to the public. As the words imply, this information personally identifies you. Personal information may include, but is not limited to, your name, location, e-mail address, birth date, or other identifying information.

Mundoyo has established two (2) different ways to register for an account on Mundoyo and uses one (1) sign-in procedure which, in conjunction with this Privacy Policy, helps ensure and maximize the privacy of information provided to Mundoyo by its visitors and members. The data we collect during each of the two registration procedures and throughout the Mundoyo website is explained below.

You should be aware that this Privacy Policy applies ONLY to the Mundoyo website, the Mundoyo URLs, and the services and features provided by Mundoyo. This Privacy Policy does not apply to websites that you visit before or after us, to the other third party services featured on the Mundoyo site, or to third party advertisers or affiliates (collectively, "Third Party Services"). Please be sure to familiarize yourself with all of these Third Party Services’ privacy policies. For your convenience ONLY, we have listed links to third party privacy policies for some of the parties that we do business with. However, not all Third Party Services may be listed.

Now that you know what this Privacy Policy covers, you may have the following questions:

WHAT INFORMATION DOES MUNDOYO COLLECT?
First and foremost, we DO NOT intentionally collect information from children under the age of 13. We realize that the reach of Mundoyo may be broad and we have taken steps to ensure the safety of our users or visitors. For more information, please see our  Mundoyo Internet safety tips. 
Standard / Premium User Registration: When you register to become a general member ("Standard Member") of a Mundoyo, we collect certain information about you. This information is your desired username, e-mail address, country, zip code, gender and birth date (collectively, "General Membership Information"). In addition, from time to time, we may collect survey responses or other information regarding our users' interests and preferences. However, you will always have the opportunity to opt out from participating in these surveys. 
Professional Account Registration: When you register for a Professional Account on Mundoyo, we collect some additional information about you. In addition to the General Membership Information, we also collect your first name, city, state (collectively with General Membership Information, "Professional Membership Information".) In addition to the required Professional Membership Information, we also give you the opportunity to share, at your election, additional information that will help us identify you and make the most of your experience as a Professional Member. 
Community Features: Once you register for Mundoyo, you will also have a chance, at your sole determination, to share other information about yourself. This information will be included in your personal Mundoyo channel profile and is meant for sharing with other community members of Mundoyo We will use your email address in connection with notifications regarding your particular channel; however, you will always have the ability to change and edit this information. Further information on this is provided below.

NOTE: Please remember that any personal information voluntarily disclosed by you through e-mail, in public-view personal profiles, public-view uploaded materials, chat rooms, message boards, or intra-site message systems, can be seen and used by others. For safety tips on sharing information on the internet, please see our  Mundoyo Internet safety tips. 
Contests / Sweepstakes: Some contests, sweepstakes and other promotions that may appear from time to time on Mundoyo may be sponsored by other companies. These companies may seek to collect personal information from you in order to obtain entry. You can avoid providing your personal information to these companies and sponsors by not participating in these contests, sweepstakes or promotions. In any event, we encourage you to make yourself familiar with the privacy policy specific to any such event prior to your agreement to participate. Mundoyo will endeavor to conspicuously distinguish Mundoyo sponsored contests and sweepstakes from that of any third party sponsored contest or sweepstakes. 

WHAT IS COLLECTING THE ABOVE INFORMATION?
Cookies: Can’t eat these, but Mundoyo places cookies on your computer to retain your individual preferences and improve your user experience on our website, as well as to tell us what features of our sites are most popular. From time to time, we randomly track what videos and user profiles our users are looking at via client-side cookies. We do this through a randomly generated username only and cannot tie this to your personal data. So in short, we do not store any personal information in cookies, nor do we use cookies to obtain any personal information from you. You can always adjust your web browser’s acceptance of cookies in your browser preferences. 
Also, affiliates and advertisers, product and service providers may also use their own cookies when you interact with their sites via Mundoyo. You should be aware of this and always consult with their privacy policies. 
Our Database: All of the General Membership Information and the Director Membership Information is stored in our database. Mundoyo does not use external, file-based or xml storage devises. 

WHEN WILL WE SHARE OR DISCLOSE STANDARD MEMBERSHIP / PREMIUM MEMBERSHIP / PROFESSIONAL MEMBER SHIP INFORMATION?
Despite our commitment to protecting your privacy, in certain circumstances, Mundoyo may disclose your Standard Membership Information, Premium Membership or Professional Membership Information under the following circumstances:

(a) If required to do so by law;

(b) Pursuant to a good faith belief that such access, preservation or disclosure is reasonably necessary to:

1) Enforce the Mundoyo Terms of Service;

2) Respond to claims that any uploaded materials violate the rights of third-parties;

3) Respond to your customer service requests;

4) Comply with legal process; and/or

5) Protect the rights, property, or personal safety of Mundoyo, its users, or the public.

HOW DO I EDIT MY MEMBERSHIP INFORMATION?

All of your Standard Membership Information, Premium Membership and Professional Information are located in your personal Mundoyo channel account. Your profile can be edited at any time, by logging in with your username and password, then clicking on the "Edit My Channel" link on the top-right of the page. In addition, within all communications send to you from us at Mundoyo, we will always provide you with instructions for opting out from additional communication.

HOW DOES MUNDOYO PROTECT MY INFORMATION? (SECURITY)

Your personal account is protected by your password, which you select. Mundoyo uses commercially reasonable efforts to protect our user data and restricts our employees access to such data, except to those who’s primary job function it is to maintain this data. Please note that apart from the commercially reasonable efforts we employ, due to conditions beyond our control, we cannot guarantee 100% security of user personal data.

WHAT ABOUT SAFETY FOR CHILDREN? Again, we at Mundoyo take the online safety of children very seriously. We do our best not to allow children under the age of 13 to obtain a general membership account or director account.

I AM AN INTERNATIONAL USER, WHAT ABOUT MY PRIVACY?
Mundoyo treats everyone the same. Mundoyo is owned and operated in the Kingdom of Thailand and our servers are located in the Kingdom of Thailand. Therefore, the collection of user data is governed, to the extent they exist, by The Kingdom of Thailand privacy law.

WHAT IF MUNDOYO MAKES CHANGES TO THIS PRIVACY POLICY?
Mundoyo may periodically update this Privacy Policy. We will attempt, at our sole discretion, to notify our users of any updates to this Privacy Policy via email. However, we encourage you to periodically revisit the Privacy Policy link on the Mundoyo homepage to ensure that you are familiar with the current version. You are responsible for reviewing any revisions to this Privacy Policy, and your continued use of the Mundoyo website and services after any change to the policy constitutes your acceptance of the Privacy Policy.