Last updated: February 5, 2014
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.
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 email@example.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.