TERMS OF USE
Last updated: February 5, 2014
I.
TERMS OF USE GENERALLY
A. Mashfeed.com (the "Site") and the Mashfeed
software application (the ŇApplicationÓ) are operated by Pressto, Inc.
("Mashfeed" or "we" or "us"). Please review these
Terms of Use ("Terms") carefully. Please also read our Privacy Policy
and Copyright Policy. By using or visiting the Site and the Services (as
defined below), you are agreeing to the Terms, Privacy Policy and Copyright
Policy. If you disagree with any of the Terms, Mashfeed does not give you a
license to use the Services. By registering for a Mashfeed account or
downloading the Services, you are agreeing to the Terms, Privacy Policy and
Copyright Policy. We reserve the right to update and revise the Terms from time
to time without notice, and you are always bound to the most updated Terms.
The most recent Terms can always be found at http://www.mashfeed.com/terms.
B.
Your license to use the Services shall continue pursuant to the Terms until
terminated by either party. Mashfeed may terminate the license at any
time, for any reason, and you may terminate the license by discontinuing the
use of any or all of the Services. Additionally, your license to use the Services
shall terminate immediately and automatically if you violate any of the Terms
or if Mashfeed disables access to the Services to you for any reason.
C. We
also reserve the right to terminate your license to use the Services if you
infringe the rights of other Mashfeed users or commit illegal acts or violate
these Terms. If you do any of these things, we may deny, restrict or suspend
your access to all or any part of the Site or Services or terminate your
Membership (as hereinafter defined) at any time, without warning for any or no
reason, with or without prior notice or explanation, and without liability, and
reserve the right to take legal action if needed.
D.
Mashfeed reserves all rights not expressly granted to you within these Terms. You may not assign or transfer these Terms, by operation
of law or otherwise, without MashfeedŐs prior written consent. Any attempt by
you to assign or transfer these Terms , without such consent, will be null and
of no effect. Mashfeed 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.
E. Mashfeed may operate sweepstakes,
contests and similar promotions (collectively, ŇPromotionsÓ) through the Site
and Services (defined below). The rules
of each Promotion in which you participate through the Site and Services
may contain additional important information about Mashfeed rights to and
ownership of the submissions you make as part of the Promotions and as a result
of your participation in such Promotion. To the extent that the terms and
conditions of such rules conflict with these Terms, the terms and conditions of
such rules will control.
II.
LICENSED USES AND RESTRICTIONS
A. Mashfeed allows you to combine and view
content from various social media networks (ŇSMNsÓ) or the internet generally,
via custom feeds based on any topic or interest. The services provided by
Mashfeed include its software applications, plus any updates or new versions thereof,
including but not limited to its Services, the Site and any other services
offered by Mashfeed in connection with the Services or the Site (collectively referred
to as the ŇServicesÓ). The Services do not include any SMN or other third-party
service you interact with via the Services.
B. You may be able to
access, review, display or use third party services, resources, content or
information (ŇThird Party MaterialsÓ) via the Services. By using the Services
to find and view material on the Internet, you are directing Mashfeed to
present the Third Party Materials that you have selected to you and enable
other users to discover such materials in accordance with your preferences. You
acknowledge sole responsibility for and assume all risk arising from your
access to, use of or reliance upon any such Third Party Materials or Content
(defined below), and Mashfeed disclaims any liability that you may incur
arising from your access to, use of or reliance upon such Third Party Materials
or Content via the Services. You further assume all responsibility for any data
charges that you may incur for use of the Services and/or access to any Third
Party Materials or Content. Your ability to access or link to Third Party
Materials, Content, or third party services (including any SMN) does not imply
any endorsement by Mashfeed of Third Party Materials, Content or any such third
party services. You acknowledge and agree that Mashfeed: (a) is not responsible
for the availability or accuracy of such Third Party Materials or Content or
the products or services on or available from such Third Party Materials or Content;
(b) has no liability to you or any third party for any harm, injuries or losses
suffered as a result of your access to, reliance on or use of such Third Party
Materials or Content; (c) does not undertake or assume any duty to monitor the Services
for inappropriate or unlawful content; and (d) does not make any promises to
remove Third Party Materials or Content from being accessed through the
Services. Notwithstanding the foregoing, Mashfeed reserves the right to block
or remove Content or Third Party Materials at any time in MashfeedŐs sole
discretion.
C. All users (the ŇUsersÓ) of the Site, the Application
and/or the Services shall comply with the Terms, as well as our Privacy Policy,
found at http://www.mashfeed.com/privacy. If you have gone through necessary
steps to register with Mashfeed, you are also a ŇMemberÓ. Membership is
void where prohibited. Some of the Services are available only to its Members,
while others are available to all Users.
D. You shall:
E. You shall not:
6.
Display, use, mirror or utilize framing techniques
to present the Services, or any element or materials from the Services,
MashfeedŐs name, any Mashfeed trademark, logo or other proprietary information,
the content of any text or the layout and design of any page or form contained
on a page, without MashfeedŐs express written consent;
7.
Access, tamper with or use non-public areas of the
Services, MashfeedŐs computer systems or the technical delivery systems of
MashfeedŐs providers;
8.
Access or search the Services or Mashfeed Content
through the use of any engine, software, tool, agent, device or mechanism other
than the software provided by Mashfeed or other generally available third party
web browsers (such as Firefox, Internet Explorer, or Chrome);
9.
Attempt to decipher, decompile, disassemble or
reverse engineer any of the software used to provide the Services or Mashfeed
Content;
F. Except
as expressly specified in these Terms, you may not (a) copy or modify the Services,
including, but not limited to, adding new features or otherwise making changes that
alter the functionality of the Services; (b) transfer, sell, rent, lease,
distribute, sublicense or otherwise assign any rights to, or any portion of,
the Services to any third party; or (c) make the functionality of the Services
available to multiple users through any means, including but not limited to
distribution of the Services or by uploading the Services to a network or
file-sharing service or through any hosting, application services provider or
any other type of service. The Services contains trade secrets, and in order to
protect those secrets you agree not to disassemble, decompile or reverse
engineer the Services, in whole or in part, or permit or authorize a third
party to do so, except to the extent such activities are expressly permitted by
law. You must comply with any technical restrictions in the Services that allow
you to use the Services only in certain ways.
G. All trademarks, service marks, logos, trade names and any
other proprietary designations of Mashfeed used herein are trademarks or
registered trademarks of Mashfeed. Any other trademarks, service marks, logos,
trade names and any other proprietary designations are the trademarks or
registered trademarks of their respective parties.
III. COST AND PRICING
Mashfeed is
committed to providing free and open access to our Site and Services for
non-commercial purposes. However, for uses of the Services over a certain
rate or for certain types of applications, Mashfeed reserves the right to
charge fees for future use of or access to the Services.
IV. PERMITTED CONTENT
Members may
upload files containing text, images, photos, video, sounds, and musical works
("Content"). However, there are some conditions:
9.
Without limiting any other terms of these Terms, by
using an SMN via the Services you understand and agree that Mashfeed, as an
agent on your behalf, will access and store your SMN account information and
content via an encrypted access token so that they are available to you through
your use of the Mashfeed Services and you give Mashfeed permission to do so.
You agree that any content that you submit to an SMN while using the Services
may be stored by Mashfeed at your direction, although Mashfeed does not
undertake any obligations to maintain such submissions.
V. OTHER CONDITIONS OF
USE
A. You may not do anything that disrupts the
Site or the way it functions. You also may not do anything that
interferes with other UsersŐ enjoyment of the Site or using the Site to deceive
people.
B. Prohibited activities include: forging any TCP/IP packet header
or any part of the header information in any posting, or in any way using the
Site or Services to send altered, deceptive, or false source-identifying
information; using viruses, bots, worms, or any other computer code, files or
programs that interrupt, destroy or limit the functionality of any computer
software or hardware, or otherwise permit the unauthorized use of or access to
a computer or a computer network; interfering with the access of any User, host
or network to the Site; covering or obscuring any advertisements presented
within Services; making any automated use of the system, such as, but not
limited to, using scripts to send images or videos; interfering with,
disrupting, or creating an undue burden on the Services or the networks or
services connected to the Services; impersonating or attempting to impersonate
another User, person or entity; selling or otherwise transferring your profile;
using any information obtained from the Services in order to harass, abuse, or
harm another person or entity; attempting to probe, scan or test the
vulnerability of the Site or breach any security or authentication measures;
collecting or storing personal data about other users without their express
permission, including collecting names, usernames, User I.D. numbers, and/or
email addresses of Users by electronic or other means for the purpose of
sending unsolicited email or unauthorized framing of or linking to the Site;
impersonating or misrepresenting your affiliation with any person or entity,
through pretexting or any other form of social engineering, or otherwise
committing fraud; scraping the Site by the use of crawlers, bots or other
automated mechanisms. Finally (though this should go without saying), using the
Site in a manner that violates any laws.
C. You are solely
responsible for your interactions with other Members, although we reserve the
right to intervene for the benefit of the community, if need be.
D. Services offered through the Site and Services is
further subject to United States export controls. The Services may not be
downloaded from the Services or otherwise exported or re-exported in violation
of U.S. export laws. Downloading or using the Services is at your sole risk.
E. These Terms are governed by, and interpreted in keeping with,
the laws of the State of New York, regardless of
any conflict of law provisions. You and Mashfeed agree to submit to the
exclusive jurisdiction of the courts located within the State of New York to
resolve any dispute arising out of the Agreement or the Services. YOU AND
MASHFEED HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT
IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF,
UNDER OR IN CONNECTION WITH THIS AGREEMENT.
VI. AS-IS
STATEMENT; MODIFICATION AND TERMINATION OF SERVICES
A. You use the Site at your
own risk and the Site and Services are provided "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, mashfeed
EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES
ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. mashfeed MAKES NO WARRANTY
THAT THE SITE, SERVICES, CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL
MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR
ERROR-FREE BASIS.
B. We are not responsible for the conduct of other
Users on- or off-line.
C. While we make an effort to keep the Site and
Services up and running at all times, we're also not responsible for any
errors, omissions, interruptions, deletions, defects, delays in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, any User communication, whether the result of our maintenance of
the Site or any problems or technical malfunction of any network, servers,
software or equipment, Internet traffic or any other failure of any nature.
D. We are not responsible for
advertisements or applications or services that are posted on or through the
Site and Services, nor do we have any responsibility for the goods or services
provided by our advertisers or via other websites or applications.
E. The Site and Services may contain links to other
websites, wholly unrelated to Mashfeed - even if posted on the Site or Services.
If you click on these links, you may be leaving the Site. If so, you will be
governed by the terms of that other site. You should check out that site's
terms and policies.
F. You can stop using our services at any
time. Mashfeed may also stop providing Services to you, or add or create
new limits to our Services at any time. After any termination, you understand
and acknowledge that we will have no further obligation to provide the Site or
Services and all licenses and other rights granted to you by these Terms will
immediately cease. Mashfeed will not be liable to you or any third party for
termination of the Site or Services or termination of your use of either. Upon
any termination of suspension, any content materials or information (including your
Content) that you may have submitted on the Site or via the Services will no
longer be accessible by you via the Services. Any suspension, termination or
cancellation will not affect your obligations to Mashfeed 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 and do survive such suspension, termination or
cancellation.
VII. LIMITATION ON LIABILITY
AND INDEMNITY
A. Limitation on Liability. IN NO EVENT SHALL MASHFEED BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING
FROM YOUR USE OF THE MASHFEED SERVICES, EVEN IF MASHFEED HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, MASHFEED'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO MASHFEED FOR THE MASHFEED SERVICES DURING THE
TERM OF MEMBERSHIP.
B. Indemnity. If you breach any of the representations
made herein regarding your rights in the Services, or your uploading of Content
violates any of the promises you have made, you agree to indemnify, defend and
hold Mashfeed, its subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Site and Services in violation of that and/or
arising from any Content that you post on or through the Site and Services.
C. Some Obligations Continue Even After You've Gone. Even
if you close your account or we terminate your Membership, you will still be
responsible for indemnifying us for breaches that took place while you used the
Site and Services. Obligations you owed to us and Users of the Site which by
their nature are intended to survive closing or termination will survive.
VIII. MASHFEED'S UNSOLICITED IDEA SUBMISSION POLICY
A. Mashfeed
or any of its employees do not accept or consider unsolicited ideas, including
ideas for new advertising campaigns, new promotions, new or improved products
or technologies, product enhancements, processes, materials, marketing plans or
new product names. Please do not submit any unsolicited ideas, original
creative artwork, suggestions or other works (ŇsubmissionsÓ) in any form to
Mashfeed or any of its employees. The sole purpose of this policy is to avoid
potential misunderstandings or disputes when MashfeedŐs products or marketing
strategies might seem similar to ideas submitted to Mashfeed. If, despite our
request that you not send us your ideas, you still submit them, then regardless
of what your letter says, the following terms shall apply to your submissions.
B. Terms of Idea Submission. You agree that: (1) your submissions
and their contents will automatically become the property of Mashfeed, without
any compensation to you; (2) Mashfeed may use or redistribute the submissions
and their contents for any purpose and in any way; (3) there is no obligation
for Mashfeed to review the submission; and (4) there is no obligation to keep
any submissions confidential.
C. Product Feedback. Mashfeed does, however, welcome your feedback
regarding many areas of MashfeedŐs existing business. If you want to send us
your feedback, and we hope you do, we simply request that you send it to us by
email at feedback@mashfeed.com. Please
provide only specific feedback on MashfeedŐs existing products or marketing
strategies; do not include any ideas that MashfeedŐs policy will not permit it to
accept or consider. ItŐs just one more way that Mashfeed can learn how to best
satisfy your needs.
D. Feedback and Information. Any feedback you
provide via this email address shall be deemed to be non-confidential. Mashfeed
shall be free to use such information on an unrestricted basis.