1. Your Acceptance
2. Machaao Service
These Terms of Service apply to all users of the Machaao Service. Information provided by our users through the Machaao Service may contain links to third party websites that are not owned or controlled by Machaao. Machaao has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Machaao will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Machaao shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Machaao Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Machaao with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Machaao may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Machaao to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We don’t store any of your contact data in our system, just mobile phone numbers. You are solely responsible for the Profile Picture, Handle and personal information that you submit and that are displayed for your mobile phone number on the Machaao Service. You must notify Machaao immediately of any breach of security or unauthorized use of your mobile phone. Although Machaao will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Machaao or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, mswebstress, apache bench, httpload, Xcode Automator, blitz, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Machaao servers in a given period of time than a human can reasonably produce in the same period by using a Machaao application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Machaao grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Machaao reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Machaao clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the Machaao Service along with Machaao created text, scripts, graphics, interactive features and the like, except Content Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Machaao, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Machaao reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Machaao Content of third parties obtained through the Service for any commercial purposes.
5. User Content Submissions
A. The Machaao Service allows Machaao users to submit handle text, profile photos and other communications (Share on Facebook, Machaao it!, share Tweet, photos, etc.) submitted by you, as well as the automatic submission of your “last active” status (collectively, the "Content Submissions"). These Content Submissions may be hosted, shared, and/or published as part of the Machaao Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone. For clarity, direct messages, location data and photos or files that you send directly to other Machaao users will only be viewable by those Machaao user(s) or group(s) you directly send such information; but Content Submissions may be globally viewed by Machaao users that have your mobile phone number on their smartphone. Content Submission may be globally viewed by Non Machaao users if the content is shared on social media platform via share.machaao.com (Public viewing platform). Currently, we have no method of providing different levels of visibility of your Content Submissions among users that have your mobile phone number – you acknowledge and agree that any Content Submissions may be globally viewed by users that have your mobile phone number, so don’t submit or post status messages or profile photos that you don’t want to be seen globally. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it as a Content Submission to the Service. The submission of your 'last active' status is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your Content Submissions. You understand that whether or not such Content Submissions are published, Machaao does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own Content Submissions and the consequences of posting or publishing them. Because Machaao is only acting as a repository of data, user submitted content do not necessarily represent the views or opinions of Machaao, and Machaao makes no guarantees as to the validity, accuracy or legal status of any content. In connection with Content Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Machaao to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content Submissions to enable inclusion and use of the Content Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Content Submissions, but you have to have the rights in the first place. However, by submitting the Content Submissions to Machaao, you hereby grant Machaao a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content Submissions in connection with the Machaao Service and Machaao's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Machaao Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your content on the Machaao Service a non-exclusive license to access your Content Submissions through the Service.
C. In connection with Content Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Machaao all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Machaao or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks. If in case Machaao identifies an users submitting unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate content; Machaao reserves the right to block the user temporarily or permanently from using any of the Machaao services.
D. Adult content must be identified as such. Machaao does not endorse any Content Submission or any opinion, recommendation, or advice expressed therein, and Machaao expressly disclaims any and all liability in connection with Content Submissions. Machaao does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Machaao will remove all content and Status Submissions if properly notified that such content or Status Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Machaao user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to email@example.com. Machaao reserves the right to remove data and Content Submissions without prior notice. Machaao may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Content Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Machaao employees, agents and subagents. Machaao also reserves the right to decide whether content or a Content Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Machaao may remove such Content Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the Machaao Service you will be exposed to Content Submissions from a variety of sources, and that Machaao is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content Submissions, and that such Content Submissions are not the responsibility of Machaao. You further understand and acknowledge that you may be exposed to Content Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Machaao with respect thereto, and agree to indemnify and hold Machaao, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Machaao Service.
F. Machaao permits you to link to materials on the Service for personal purposes only. Machaao reserves the right to discontinue any aspect of the Machaao Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MACHAAO SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MACHAAO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. MACHAAO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR STORAGE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MACHAAO SERVICE. MACHAAO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MACHAAO SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND MACHAAO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT MACHAAO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Machaao from its facilities in the United States of America. Machaao makes no representations that the Machaao Service is appropriate or available for use in other locations. Those who access or use the Machaao Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Machaao, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Machaao Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Content Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Machaao Service. We don't support or encourage illegal consumption of alcohol or tobacco or drugs, so there.
9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Machaao Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Machaao Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Machaao is the developer of the Service, with an address at 37738 Madera Court, Fremont, CA 94536, firstname.lastname@example.org.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Machaao without restriction.