MashUp Machine, INC. (“MashUp Machine”) TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS ARE APPLICABLE TO YOUR ACCESS TO OR USE OF ANY OF OUR TECHNOLOGY, PLATFORM AND APPLICATIONS INCLUDING, WITHOUT LIMITATION, OUR STORYTELLING TECHNOLOGY, STORYWORLDS, ART ASSETS, MACHINE LEARNING TECHNOLOGY, COMMUNITIES AND RELATED PLATFORMS ACCESSED FROM ANY WEBSITE, APPLICATION, SOFTWARE OR SOURCE WHATSOEVER (Collectively referred to as the “APPLICATIONS”).
Even if you are old enough to use the Applications and/or have your parent’s or guardian’s permission, some of the content available within the Applications may not be appropriate for you. Some content may contain “R-rated” material, profanity, and mature subject matter, or material you may otherwise find offensive. If you are under 18 or if you are at least 18 but do not wish to view such content, do not access or utilize the Applications.
Laws of your jurisdiction may further restrict access to or use of the Applications, and you agree to comply with all such laws in accessing or using the Applications.
If for any reason, you do not agree with all of the terms and conditions set forth herein, discontinue using the Applications immediately.
1. DESCRIPTION OF APPLICATIONS; LIMITATIONS
The Applications are interactive, online platforms, animated movies, applications, community platform, and related applications, which enables users to, among other things, create and modify and share content and data, interact with other users, communicate with and transmit Content to other Sites and Applications users, and navigate through and interact with a community. You understand and acknowledge the capacity of the Applications, in the aggregate and for each user, is limited.
Consequently, at any time and from time to time, you may not be able to access and/or use the Applications, your postings included therein may not be processed in a timely fashion or at all, and certain features and/or functions may be restricted or delayed or become completely disabled or inoperable. As a result, you acknowledge and agree that none of the Site, MashUp Machine, the Applications, or any third party through which you access or use theApplications, or their respective successors and assigns, or any of their subsidiaries, affiliates, or their respective officers, directors, employees, agents, licensors, representatives, operational Applications providers, advertisers or suppliers shall not have any liability, responsibility or obligation to provide you with access to or use of the Applications, or any component thereof including, without limitation, your ability to transmit, process, store, receive or deliver transactions, messages, transmissions, content, Postings or any of your information or communications or for any failure or delay in connection with the same and you are hereby expressly advised not to rely upon the timeliness or reliability or performance of the Applications for any reason.
2. MODIFICATIONS; CHARGES
As with any other features or functionalities offered on the Site or via the Applications, we reserve the right, at any time and from time to time, for any reason in our sole discretion, to change, modify, suspend, withdraw or discontinue, temporarily or permanently, all or any portions of the Applications including, without limitation, any particular content, data, material, activities, Applications, features or functions included therein, with or without notice to you, and without any liability to you or any other party.
Although use of the Applications is currently made available to you without a fee or charge, we reserve the right to charge for access to or use of the Applications, together with any components, features or functionality thereof at any time in the future, in our sole discretion.
Network Costs. You may be charged by your network provider for data Applications or any other third party charges as may arise while using the Applications and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
3. OWNERSHIP OF INTELLECTUAL PROPERTY; LICENSE TO MASHUP MACHINE
Your access to or use of the Applications does not, and should not be construed by you as, a guarantee or representation by any component or functionality thereof or content contained therein shall be available at any time or from time to time. By downloading any of the Applications, you represent and warrant that you are located in, under the control of, or a national or resident of, the U.S. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, ACCESSING, OPERATING OR USING ANY OF THE APPLICATIONS, INCLUDING ANY AND ALL POTENTIAL HEALTH AND RELATED RISKS ASSOCIATED WITH USE OF ANY VIRTUAL REALITY APPLICATION.
You will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer or disassemble the Applications, nor will you take any measures that could potentially interfere with or damage the Applications. All rights not expressly granted by MashUp Machine hereunder are reserved.
In addition, certain third parties (such as developers of third party content and the manufacturers of your computer, mobile phone or other devices) may collect information about you when you use the Applications. These third parties have their own privacy policies and terms and conditions and will treat the information they collect about you according to their own policies in place, which you should review in detail before providing any information.
To fully use the MashUp Machine Applications, you may be required to sign up for an account and to provide information, including but not limited to a valid email address. You must provide complete and accurate account information to MashUp Machine and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to these Terms.
7. ACCOUNT SECURITY
You are responsible for all activity that occurs under your account, including any activity by other users with whom you manage your content and unauthorized users. You must not allow others to access or use your account. You must safeguard the confidentiality of your password. If you are using a computer or device that others have access to, you must sign out of your account after using the MashUp Machine Applications. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately in writing.
8. EQUIPMENT, SOFTWARE, UPDATES
Certain equipment and software may be required to access and use the Applications. In addition, we may need to automatically update some of the software you obtain through the Applications or provide you with new software to keep the Applications functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Applications, you agree to such automatic updating. We reserve the right, in our sole discretion to disable your access to or ability to use Applications that we believe present a health and safety risk or violate our community standards, agreements, laws, regulations or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Applications.
9. THIRD PARTY CONTENT
Your use of Applications and access of content provided by third parties (“Third Party Content”) made available through the Applications may be subject to additional end user agreements. In the event that these agreements conflict with the provisions of these Terms, these Terms will govern. MashUp Machine has no responsibility or liability with respect to your access to or use of the Third Party Content, or any content or functionality contained in such Third Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Content. In no event shall MashUp Machine be considered the licensor of the Third Party Content, to have granted any rights to use the Third Party Content, to have assumed any obligations with respect to the Third Party Content, or to have made any representations or warranties with respect to the Third Party Content.
If you are not presented with an end user license agreement when you acquire Third Party Content, the following license terms apply to your use of such Third Party Content: (a) the third party providing the Third Party Content is the licensor of such Third Party Content, and MashUp Machine is NOT the licensor of such content; (b) such party grants you a limited, nontransferable license to access and use the Third Party Content only for your personal and noncommercial purposes; and (c) you may not modify, decompile or disassemble the Third Party Content in whole or in part, or create any derivative works from or sublicense any rights in or to the Third Party Content, unless otherwise expressly authorized by the third party or as permitted under applicable law.
10. CONTENT AND USE RESTRICTIONS
By accessing or using the Applications, you agree that you will not: (a) access or use the Applications in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Applications, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content; (b) damage, disable, overburden or impair the functionality of the Applications in any manner; (c) access or use the Applications for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms, community standards or any other terms or policies provided in connection with the Applications; (d) use or attempt to use another user’s account without authorization from such user; (e) modify, adapt, hack or emulate the Applications; (f) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Applications or to extract data; (g) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Applications, or third parties; and (h) infringe upon or violate the rights of MashUp Machine, our users or any third party.
Our Applications may include interactive features and areas where you may submit, post, upload, publish, email, send or otherwise transmit content, including, but not limited to, text, images, photos, videos, sounds, data, virtual reality environments or features, software and other information and materials and content including but not limited to stories, poetry, polls, profile images, forum messages or instant messages (collectively, “User Content”).
Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. By submitting User Content through the Applications, you grant MashUp Machine a worldwide, irrevocable, perpetual (i.e. lasting forever), non-exclusive, transferable, royalty-free and fully sublicensable (i.e. we can grant this right to others) right to use, copy, display, store, adapt, publicly perform and distribute such User Content in connection with the Applications. You irrevocably consent to any and all acts or omissions by us or persons using the Applications or persons authorized by us that may infringe any moral right (or analogous right) in your User Content.
You are solely responsible for the User Content you make available through the Applications and you represent and warrant that (a) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to MashUp Machine the rights specified in this section; (b) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations; and (c) your User Content does not violate our community standards in place from time to time.
MashUp Machine does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. MashUp Machine has no responsibility or liability for User Content made available through the Applications, and we have no obligation to screen, edit or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit User Content at any time and for any reason.
You may not upload, post, or transmit (collectively, “submit”) any User Content that:
A. Infringes any third party’s copyrights or other rights (e.g. trademark, privacy rights, etc.);
B. Contains sexually explicit content or pornography or nudity;
C. Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
D. Exploits minors;
E. Depicts unlawful acts or extreme violence;
F. Depicts animal cruelty or extreme violence towards animals;
G. Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
H. Harasses or stalks any other person;
I. Advertise or solicit others to purchase goods or services without the advance written consent of MashUp Machine; or
J. Violates any law.
All content you submit must also comply with any MashUp Machine Community Guidelines in place from time to time, which are incorporated into these Terms.
MashUp Machine has the right, but not the obligation, to monitor all conduct on and content submitted to any of the MashUp Machine Applications and to take any appropriate action, including but not limited to account suspension.
Additionally, you will comply with all applicable export control laws of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations (“Export Laws”).
You will not, directly or indirectly, export, re-export or download any products, Applications or technology of MashUp Machine, including, without limitation, the Applications: (a) to any individual, entity or country prohibited by
Export Laws, including by any U.S. sanctions program; (b) to anyone on the SDN List, the Denied Persons List or Entity List or other export control lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons proliferation or development of missile technology. You further represent and warrant that no U.S. federal agency has suspended, revoked or denied your export privileges and you are not listed on the SDN List.
11. LICENSES GRANTED BY YOU
A. License to MashUp Machine. As between you and MashUp Machine, you own all data and
B. License to Other Users. You further grant all users of the MashUp Machine Applications content and other information (“content”) that you submit to the MashUp Machine Applications. By submitting content, in addition to all other licenses and rights granted to MashUp Machine under these Terms and any other agreements between MashUp Machine and you, you hereby grant MashUp Machine and its affiliates a limited, worldwide, non- exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content for the purpose of (i) using the content within the MashUp Machine Applications; (ii) displaying the content on third party websites and applications through a content link or embed or otherwise, and (iii) allowing other users to access, download, and embed on the Applications and on third party websites, the content, subject to your content privacy choices; (iii) promoting the MashUp Machine Applications, provided that you have made the content publicly available; and (iv) archiving or preserving the content for disputes, legal proceedings, or investigations. permission to view your content for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the content solely to the extent
C. Duration of Licenses. The above licenses will continue unless and until you remove your necessary to view the videos. The foregoing licenses are in addition to any license you grant to users.
Content from the MashUp Machine Applications, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed content may be cached in search engine indices after removal and thatMashUp Machine has no control over such caching or similar indexing or appearance on web searches or other data mediums.
12. YOUR REPRESENTATIONS AND WARRANTIES
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to MashUp Machine and grant the licenses set forth above; (ii) MashUp Machine will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with these Terms and all applicable laws.
You will indemnify, defend, and hold harmless MashUp Machine and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the MashUp Machine Applications; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to MashUp Machine violates any law or infringes any third party right, including any intellectual property or privacy right.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law: (i) MashUp Machine shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) MashUp Machine’s liability shall be limited to the total amount of money paid by you to MashUp Machine for the applications.
15. GENERAL PROVISIONS
We reserve the right to terminate your right to access and use the Applications if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
B. Governing Law
This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Any action arising out of or relating to this Agreement or your use of the MashUp Machine Applications must be commenced in the state or federal courts located in San Francisco County, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, MashUp Machine and you irrevocably waive any right to a trial by jury.
D. Interpretation, Severability, Waiver, Remedies
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by MashUp Machine in exercising any right hereunder will waive any further exercise of that right. MashUp Machine’s rights and remedies hereunder are cumulative and not exclusive.
E. Successors, Assignment, No Third Party Beneficiaries
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without MashUp Machine’s prior written consent. No third party shall have any rights hereunder.
You consent to receive all communications including notices, agreements, disclosures, or other information from MashUp Machine electronically. MashUp Machine may provide all such communications by email or by posting them on the MashUp Machine Applications. For support-related inquiries, you may contact us. You may send notices of a legal nature to MashUp Machine at contact [at] MashUp Machine [dot] com. Nothing herein shall limit MashUp Machine’s right to object to subpoenas, claims, or other demands.
This Agreement may not be modified except by a revised Terms of Applications posted by MashUp Machine on the MashUp Machine Site or a written amendment signed by an authorized representative of MashUp Machine. A revised Terms of Applications will be effective as of the date it is posted on the MashUp Machine Site.
H. Entire Agreement
This Agreement constitutes the entire understanding between MashUp Machine and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
Copyright © 2016 MashUp Machine, Inc. - All Rights Reserved.