By clicking on the “I ACCEPT” button you are representing that you are: (1) at least 18 years old; (2) capable of entering into a legally binding agreement; and (3) will use the Services only for personal use and not for commercial use.
3. Registration of Information
To use the Site’s Services, which includes using the Software Applications, you may be required to complete an account registration process. When completing the process, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the process (the “Personal Information”), (b) to maintain and update this Personal Information to keep it true, accurate, current and complete, and (c) notify us immediately of any unauthorized use of your Personal Information or any other breach of security. If any information provided by you in completing the forms or registration process is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of our Services.
4. Site Content
All of the content you see, hear or otherwise experience through the Site, including, but not limited to text, graphics, photos, audio clips, video clips, data, software, analysis reports, postings, comments and the like (“Content”) are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by Machintas or third parties and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your evaluation and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of their respective owners. Machintas reserves all rights not expressly granted in and to the Site and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copyright of any Content or enforce limitations on use of the Site or the Content therein.
“Machintas Trademarks” shall mean any trademarks, trade dresses, service marks, slogans, logos, designs or other means of distinction used by Machintas to designate the source of its goods or services from time to time which includes, among others “Rich Concept.” Machintas Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Machintas.
5. User Submitted Content
As a User, you are responsible for your own communications and are responsible for the consequences of your own communications being posted or inputted. You must not, and by using this Site you agree not to, do the following things:
(a) post or input material, information or data that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
(b) post or input material, information or data that reveals trade secrets, unless you own them or have the permission of the owner;
(c) post or input material, information or data that infringes on any other rights of third parties including intellectual property rights or on the privacy, confidentiality or publicity rights of others;
(d) violate any law or regulation (including, without limitation, immigration laws, employment laws, securities laws, export laws and technology transfer laws);
(e) post or input material, information or data that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
(f) post or input material, information or data that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
6. User Communications and Input
7. Web Security Rules
8. Specific Prohibitive Uses
The Site may be used only for lawful purposes. Machintas specifically prohibits any use of the Site, and all users agree not to use the Site, for any of the following:
(a) inputting any incomplete, false or inaccurate registration information or information which is not your own accurate resume;
(b) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site;
(c) taking any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure;
(d) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
(e) aggregating, copying or duplicating in any manner any of the materials or information available from the Site; and
(f) framing of or linking to any of the materials or information available from the Site.
Machintas does not tolerate inappropriate use of the site or fraudulent activity. This will result in your account being terminated.
9. No Endorsements of Third Party Links
11. EULA (applicable for use of any Machintas’ software applications)
Click here to read Machintas’s EULA.
12. Termination of Services
14. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MACHINTAS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MACHINTAS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MACHINTAS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MACHINTAS SITE OR SERVICES.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
15. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MACHINTAS BE LIABLE WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE) FOR LOST PROFITS OR REVENUES, LOSS OR INTERRUPTION OF USE, LOST OR DAMAGED DATA, REPORTS, DOCUMENTATION OR SECURITY, OR SIMILAR ECONOMIC LOSS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MACHINTAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SERVICES OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SERVICES OR ANY LINKS ON THE MACHINTAS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
The Site is controlled and offered by Machintas from its facilities in New York, the United States of America. Machintas makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
You will defend, indemnify and hold harmless Machintas, its officers, directors, employees and agents from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings (each a "Claim") made or brought by any third party against any of the indemnitees, including without limitation reasonable legal fees and expenses, arising from or due to or in connection with your use of or conduct on the Site.
18. Force Majeure
19. Independent Contractors
Machintas reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users agree that Machintas shall not be liable to user or any third party for any modification or discontinuance of the Site.
21. Governing Law
LAST UPDATED: January 16, 2009
Click here to read our EULA. (for use of any Machintas software application)