sitemap Machintas.com Terms of Use

MACHINTAS.COM

Terms of Use

By visiting and/or using the MACHINTAS.COM website (the “Site”), you (“User”) agree that you have read, understood and accepted the Terms of Use below for all use of the MACHINTAS.COM’s services (the “Services”), which includes using any of the software applications hosted on the Site (the “Software Applications”), the EULA and the Privacy Policy, which are incorporated herein by reference.  If you do not agree to these Terms of Use, do not use any of the Services, which includes visiting or using the Site.

 

1.         Eligibility

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.

2.         These Terms of Use May Change

Machintas Inc.  (“Machintas”) reserves the right to update or amend these Terms of Use at any time.  The amended Terms of Use shall automatically be effective seven (7) days after they are posted on the Site.  Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms of Use as modified by the posted changes.  For this reason, we encourage you to review these Terms of Use whenever you use the Services.  The last date these Terms of Use were revised is set forth below. Machintas may, in its sole discretion, make changes to any aspect of this Site, including, without limitation, any Content (hereinafter defined), any activities available on this Site, and any products or services offered through this Site.

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

We welcome your use, comments and suggestions regarding our Site, Services and Content, However, by submitting, communicating or uploading any data, questions, comments, feedback, ideas, suggestions or other forms of communication, (collectively, “User Communications”), you hereby grant to Machintas, Inc. a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute any content in such communication of a proprietary nature in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. For this reason, we ask that you not send us any User Communication that you do not wish to grant the foregoing license to us. You agree that you are and shall remain solely responsible for the User Communication you make, and you will not submit any communication or material that is unlawful, defamatory, abusive or obscene. You agree not to submit any User Communication that may be submitted in violation of any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) law or any agreement or obligation to keep the content of such User Communication confidential. We expressly disclaim any interest in any User Communication that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

7.  Web Security Rules

You may not violate or attempt to violate the security of the Site or use the Site to violate the security of other sites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.  Violations of system or network security may result in civil or criminal liability. Machintas may investigate violations of the Terms of Use and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

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

References on the Site to any hypertext links to third party sites or information, do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or services by Machintas.  Machintas does not endorse nor make any warranties or representations about any web site you may access through the Site, including the availability or accuracy of such web sites or resources.  Any links to other sites are provided for your convenience only.  You need to make your own decisions regarding your interactions or communications with any other web site.  PLEASE NOTE THAT THE USE OF ANY OF THE SERVICES OR PRODUCTS AS OFFERED BY THIRD PARTY SITES ARE GOVERNED BY SUCH THIRD PARTY SITES’ TERMS OF USE, PRIVACY POLICIES AND OTHER POLICIES WHERE APPLICABLE.  PLEASE REVIEW THEIR TERMS OF USE, PRIVACY POLICIES AND ALL RELEVANT POLICIES PRIOR TO USING ANY OF THEIR SERVICES OR PRODUCTS.

 

10.        Privacy Policy

Click here to read Machintas’s Privacy Policy.

11.        EULA (applicable for use of any Machintas’ software applications)

Click here to read Machintas’s EULA.

 

12.      Termination of Services

Machintas reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (b) investigate any suspected breaches of this Terms of Use, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this Terms of Use to the full extent of the law, and (e) discontinue this Site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

13.        Survival

All provisions of this Terms of Use will survive termination, including, without limitation, Content provisions, warranty disclaimers, indemnity and limitations of liability.

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.

16.        Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Machintas without restriction.

17.        Indemnity

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

Machintas is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, war, terrorism, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, trespass or interference of third parties, software or services or similar events or circumstances outside its reasonable control. Nothing herein enlarges any warranty or diminishes any disclaimer under this Terms of Use.

19.        Independent Contractors

There are no third party beneficiaries of this Terms of Use. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.


20.        Modifications


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

Any controversy or claim relating to this Site, the Content, or this Terms of Use not otherwise resolved between you and Machintas will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Site, the Content, or this Terms of Use must be commenced within one year after the claim or cause of action arises or it will be forever barred. Notwithstanding anything to the contrary, any action or proceeding by Machintas relating to your access to, or use of, this Site or any Content in accordance with this paragraph may be instituted, in Machinta’s sole discretion in state or federal court in New York County, New York. Accordingly, you consent to the personal jurisdiction of the courts in New York County, New York with respect to all matters relating to your access to or use of this Site and the Content and waive your rights to removal or consent to removal. This Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. In the event that Machintas seek to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Site, any Content, Machintas's operations, and/or Machintas's products or services caused by your act or failure to act, Machintas shall do so without the necessity of posting a bond or proving the inadequacy of monetary damages.  Machintas shall be entitled to reimbursement of all costs and expenses (including reasonable attorneys’ fees) incurred in connection with enforcing its rights under this Terms of Use.

22.        Miscellaneous

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.  Machintas’s failure to act with respect to a breach by any User does not waive Machintas’s right to act with respect to subsequent or similar breaches.  The failure of Machintas to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  The section headings and subheadings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use which includes our Privacy Policy and our EULA (where applicable), constitutes the entire agreement between Machintas and User with respect to the subject matter hereof.

LAST UPDATED:  January 16, 2009

Click here to read our Privacy Policy.

Click here to read our EULA.  (for use of any Machintas software application)