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

For clarity, the foregoing does not apply to the Content on any external sites to which the Services link.

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

. Meccho will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Meccho or others, Meccho may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Meccho will have no obligation to provide a refund of any amounts previously paid to Meccho.

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


You agree to indemnify and hold harmless Meccho, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement, or the violation of any third party using your account or Meccho username.


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 Website is provided “as is”. Meccho and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Meccho nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

 

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.

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