Terms of Use
The following Terms of Use outline your obligations when using the Meccho
website. You can also review our Privacy Policy, which outlines our obligations
and practices towards handling any personal information that you may provide to
us. 1.
ACCEPTANCE OF TERMS The web
pages available at meccho.com, and all linked pages ("Site"), are
owned and operated by Meccho, LLC. ("Meccho"), a Delaware
corporation, and is accessed by you under the Terms of Use described below
("Terms of Use"). PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS
SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS
DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY
NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. MECCHO'S
ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND
CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS
ARE CONSIDERED AN OFFER BY MECCHO, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE
TERMS. 2.
MODIFICATIONS OF TERMS OF USE Meccho reserves the right, at its
sole discretion, to modify or replace any part of this Agreement. God willing, alterations worthy of it will be
posted on the site or emailed to your provided email address. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the Website
following the posting of any changes to this Agreement constitutes acceptance
of those changes. Meccho may also, in the future, offer new services and/or
features through the Website (including, the release of new tools and
resources). Such new features and/or services would in that case be subject to
the terms and conditions of this Agreement. 3.
DESCRIPTION OF SERVICE Subject to
full compliance with the Terms of Use, Meccho may offer to provide certain
services and content, as described more fully on the Site,
("Services"). Services shall include, but not be limited to, any
service and content Meccho performs for you, as well as the offering of any
materials displayed, transmitted or performed on the Site or through the
Services (including, but not limited to text, user comments, messages,
information, data, graphics, news articles, photographs, images, illustrations,
software, audio clips and video clips, also known as the Content).
Meccho may change, suspend or discontinue the Services including any Content
for any reason, at any time, including the availability of any feature or
content. Meccho may also impose limits on certain features and services or
restrict your access to parts or all of the Services without notice or
liability. 4. YOUR
REGISTRATION OBLIGATIONS As a
condition to using Services, you are required to register with Meccho and
select a password and screen name (Meccho username). You shall provide
Meccho with accurate, complete, and updated registration information. Your failure
to do so shall constitute a breach of the Terms of Use, which might result in
immediate termination of your Meccho account. You may not (i) select or use as
a Meccho username a name of another person with the intent to impersonate that
person; (ii) use as a Meccho username a name subject to any rights of a person
other than you without appropriate authorization; or (iii) use as a Meccho username a name that is otherwise offensive, vulgar or obscene. Meccho reserves the right to refuse registration of, or cancel a
Meccho username in its discretion. You shall be fully responsible for maintaining the confidentiality of your Meccho password. Services
are available only to individuals who are at least 13 years old, whether acting
on their own behalf or as an authorized employee or representative of a
corporation or other business entity. If you do not so qualify, do not attempt
to register for or use the Services. 5. USER
CONDUCT As a
condition of use, you promise not to use the Services for any purpose that is
unlawful or prohibited by these Terms of Use, or any other purpose not
reasonably intended by Meccho. By way of
example, and not as a limitation, you agree not to use the Services:
1. to abuse, harass, threaten, impersonate or intimidate other Meccho users;
2. to post or transmit, or cause to be posted or transmitted, any Content that
is infringing, libelous, defamatory, obscene, pornographic, abusive, profane,
inappropriate, racist, scholarship, or otherwise violates any law or right of
any third party;
3. for any illegal or unauthorized purpose. If you are an international user,
you agree to comply with all local laws regarding online conduct and acceptable
content;
4. to post or transmit, or cause to be posted or transmitted, any communication
or solicitation designed or intended to obtain password, account, or private
information from any Meccho user;
5. to create or submit unwanted email ("Spam") to any other Meccho
users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to
copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level
marketing schemes, sites/blogs repurposing existing stories (source hops), or
off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot,
spider, scraper or other automated means to access the Site for any purpose
without our express written permission. Additionally, you agree that you will
not: (i) take any action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure; (ii)
interfere or attempt to interfere with the proper working of the Site or any
activities conducted on the Site; or (iii) bypass any measures we may use to
prevent or restrict access to the Site;
9. with the intention of artificially inflating or altering the 'votes, karma,
comments, or any other Meccho service, including by way of creating separate
user accounts for the purpose of artificially altering Meccho's services;
giving or receiving money or other remuneration in exchange for votes; or
participating in any other organized effort that in any way artificially alters
the results of Meccho's services;
10. to advertise to, or solicit, any user to buy or sell any products or
services. It is also a violation of these rules to use any information obtained
from the Services in order to contact, advertise to, solicit, or sell to any
user without their prior explicit consent;
11. attempt to impersonate another user or person;
12. sell or otherwise transfer your profile. Meccho may
remove any Content and Meccho accounts at any time for any reason (including,
but not limited to, upon receipt of claims or allegations from third parties or
authorities relating to such Content), or for no reason at all. To report Terms
of Use abuse, please email: abuse@meccho.com You are
solely responsible for your interactions with other users of the Site. Meccho
reserves the right, but has no obligation, to monitor disputes between you and
other users. 6. CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE By
uploading, submitting or otherwise disclosing or distributing Content for
display or inclusion on the Site, you represent and warrant that you own all
rights in the Content and you agree that the Content will be dedicated to the
public domain under the Creative Commons Public Domain Dedication, available at
7.
COPYRIGHT COMPLAINTS As Meccho asks others to respect
its intellectual property rights, it respects the intellectual property rights
of others. If you believe that material located on or linked to by Meccho.com
violates your copyright, you are encouraged to notify Meccho in accordance
with Notifying
Meccho of Copyright Infringement: To provide Meccho notice of an infringement,
you must provide a written communication to the attention of "DMCA
Infringement Notification Dept." care of abuse@meccho.com that sets forth
the information specified by the DMCA
(click here). Please note that we may
post your notification, with personally identifiable information edited, to a
clearinghouse such as chillingeffects.org. Please also note that you may be
liable for damages (including costs and attorneys' fees) if you materially
misrepresent that an activity is infringing your copyright. Providing
Meccho with Counter-Notification: If we remove or disable access to content in
response to an infringement notice, we will make reasonable attempts to contact
the owner or administrator of the affected site or content. If you feel that
your material does not constitute infringement, you may provide Meccho with a
counter notification by written communication to the attention of "DMCA
Counter Notification Dept." at abuse@meccho.com that sets forth all of the
necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys' fees)
if you materially misrepresent that an activity is not infringing others’
copyrights. If you are unsure whether an activity constitutes infringement, please
seek an attorney’s advice.
Meccho's current privacy policy is available at meccho.com/privacy (the
"Privacy Policy"), which is incorporated by this reference. 9.
INDEMNITY
10.
WARRANTY DISCLAIMERS You acknowledge that Meccho has no control over, and no duty to take any
action regarding: which users gain access to the Site or use the Services; what
effects the Content may have on you; how you may interpret or use the Content;
or what actions you may take as a result of having been exposed to the Content.
You release Meccho from all liability for your having acquired or not acquired
Content through the Site or the Services. The Site or Services may contain, or
direct you to sites containing, information that some people may find
inappropraite. Meccho makes no representations concerning any content contained
in or accessed through the Site or Services, and Meccho will not be responsible
or liable for the accuracy, copyright compliance, legality or decency of
material contained in or accessed through the Site or the Services.
The Services may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Meccho has no control over such sites and
resources, you acknowledge and agree that Meccho is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge
and agree that Meccho shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource. 12.
LIMITATION OF LIABILITY In no event will Meccho, or its
suppliers or licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services; or (iii) for
interruption of use or loss or corruption of data. Meccho shall have no liability for any
failure or delay due to matters beyond their reasonable control. The foregoing
shall not apply to the extent prohibited by applicable law. 13.
TERMINATION Meccho may terminate your access to all
or any part of the Website at any time, with or without cause, with or without
notice, effective immediately. If you wish to terminate this Agreement or your Meccho.com
account (if you have one), you may simply discontinue using the Website. All
provisions of this Agreement which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability. 14.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of
the Terms of Use and you do not have any authority of any kind to bind Meccho
in any respect whatsoever. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder. Meccho shall not be liable for any failure to perform
its obligations hereunder where such failure results from any cause beyond
Meccho's reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation (including
"line-noise" interference). If any provision of the Terms of Use is
found to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that the Terms of Use shall
otherwise remain in full force and effect and enforceable. The Terms of Use is
not assignable, transferable or sublicensable by you except with Meccho's prior
written consent. Meccho may transfer, assign or delegate the Terms of Use and
its rights and obligations without consent. The Terms of Use shall be governed
by and construed in accordance with the laws of the state of Delaware, as
if made within Delaware between two residents thereof, and the parties
submit to the exclusive jurisdiction of the Delaware Court of Chancery. In any action or proceeding to enforce rights under the Terms of
Use, the prevailing party will be entitled to recover costs and attorneys'
fees. Both parties agree that the Terms of Use is the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels
all previous written and oral agreements, communications and other
understandings relating to the subject matter of the Terms of Use, and that all
modifications must be in a writing signed by both parties, except as otherwise
provided herein.
This Agreement does not transfer from Meccho
to you any Meccho or third party intellectual property, and all right, title
and interest in and to such property will remain (as between the parties)
solely with Meccho. Meccho, Meccho.com, the Meccho.com logo, and all
other trademarks, service marks, graphics and logos used in connection with Meccho.com,
or the Website are trademarks or registered trademarks of Meccho or Meccho’s
licensors. Other trademarks, service marks, graphics and logos used in
connection with the Website may be the trademarks of other third parties. Your
use of the Website grants you no right or license to reproduce or otherwise use
any Meccho or third-party trademarks. |

