TERMS AND CONDITIONS
Effective as of 25 May 2018.
As a condition of use of MACIV website www.maciv.com (“Website”), you consent to the terms of these Terms and Conditions as they may be updated from time to time. In the event of a material change, we will notify you via email or by means of a prominent notice on the Website.
These Terms and Conditions are an agreement between you and MACIV Technologies Corp (“MACIV”) and not between you and any other user and describe the terms on which you agree to use the Website. If you do not agree or are unable to agree to these Terms and Conditions, please do not access or use the Website.
1. Terms and Conditions
The Website enables you and other users to, among other things, create an account, upload content, set up groups, create pages, communicate with MACIV and with other users.
We use the terms “you” and “your” to mean any person using the Website, and any organization or person using the Website on an organization’s behalf. Your use of the Website signifies that you agree to these Terms and Conditions. If you are using the Website for an organization, you agree to these Terms and Conditions on behalf of that organization, and represent you have authority to bind that organization to the terms contained in these Terms and Conditions.
2. Your Account
2.1 The use of the Website is available to anyone who is at least 16 years old. You represent that you are at least 16.
2.2 We may modify, suspend, disable or terminate your account or access to the Website if, in our sole discretion, we determine that you have violated these Terms and Conditions, including any of the policies or guidelines that are part of these Terms and Conditions, that it is in the best interest of Website community, or to protect our brand or the Website. We also may remove accounts of users who are inactive for an extended period of time. We may also suspend or disable your account if required to so by law.
2.3 When you register, you provide us with some basic information, including an email address and a password. You need to keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your credentials and you take responsibility for the consequences of your failure to do so. If someone is using your password and credentials, please notify us immediately.
3. Your Content and Privacy
4.1 You are solely responsible for the content, including any data, material, information you upload onto the Website or otherwise share with us through comments or feedback. You agree that you and your content shall not violate the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights) nor these Terms and Conditions.
4.2 We do not claim ownership of your content. However, to enable us to operate, improve, promote, and protect MACIV and the Website, and to ensure we do not violate any rights you may have in your content, you hereby grant MACIV a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, copy, modify, translate, publish, publicly display, publicly perform, distribute, and create derivative works of, your content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your content.
5. Your Use of the Website
5.1 When you use the Website, you agree to comply with these Terms and Conditions and other relevant policies, and with all applicable laws, rules and regulations, and to do not violate or infringe the rights of any third party.
5.2 MACIV does not control the content of other users. When we become aware of inappropriate content on the Website, we reserve the right to take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the content of other users.
5.3 MACIV is not a party to any offline arrangements made through the Website. MACIV does not conduct or require background checks on users and does not attempt to verify the truth or accuracy of statements made by users. MACIV makes no representations or warranties concerning the conduct or content of any user or their interactions with you.
5.4 The Website contains proprietary and confidential information and is protected by intellectual property laws. Unless we expressly permit it through these Terms and Conditions, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of the Website, including any data, or content of others.
5.5 You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Website or any hardware used in connection with the Website.
5.6 When accessing and using the Website you must not: engage in any illegal activity, bullying or harassing others, post personal or confidential information about others without their prior consent, use misleading or inaccurate information to artificially generate activity on your profile, page or in your group or to collect likes, followers or shares, engage in trade or encourage or attempt to trade, or exchange non-medical or pharmaceutical drugs of any kind, firearms or ammunition
5.7 When creating or administering a page or a group, your page or group: must not be misleading, fraudulent or deceptive; must not mislead, impersonate or falsely represent a brand, entity or another person; must not facilitate or promote online gambling, online real money, games of skill or online lotteries, contest, promotion, or sweepstakes; must not inaccurately tag content or encourage users to inaccurately tag content; must not incentivise people to misuse Facebook features or functionality; must not include in name profanity, excessively incorrect grammar or punctuation, and must not consist solely of generic terms or locations; must not include third-party products, brands or sponsors in page's or group´s cover photo or profile picture
5.8 We work hard to continuously improve the Website. This means that we may modify or discontinue portions or all of the Website with or without notice and without liability to you or any third party.
5.9 The Website may contain links to third-party sites and may be integrated now or in the future with various third-party services, applications and sites that may make available to you their content and products. We do not control these third parties and are not responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
6. Release and Indemnity
6.1 You agree not to hold us responsible for losses not caused by our breach of these Terms and Conditions or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms and Conditions; any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter on the Website; and events beyond our reasonable control.
6.2 You agree not to hold us responsible for claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future, arising out of or in any way connected with any transaction with a third party, your interactions with other users, or in connection with a group on the Website, or inability to use the Website for technical or any other reasons.
6.3 You waive and relinquish all rights and benefits that you have or may have under statutory or non-statutory law of any jurisdiction to the fullest extent permitted by law.
6.4 You agree to indemnify, defend and hold MACIV harmless from any claims, made by any third party due to or arising in connection with the Website and/or your use of the Website.
8. Warranty Disclaimer
8.1 We work hard to make the Website available to you and to constantly improve the Website. However, we cannot guarantee the uninterrupted availability of the Website or the Website being free from errors at all times.
8.2 We disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of the Website, (b) any information, material, data, advice or services obtained through the Website, (c) the correction of any errors in the Website, (d) dealings with or as the result of the presence of third parties on or located through the Website.
9. Dispute Resolution
You agree that the claims must be resolved in a competent court in the State of Delaware and that the laws of the State of Delaware will govern these Terms and Conditions.
10. Intellectual Property
10.1 MACIV logos, designs and names are intellectual property of MACIV. Except as permitted by law, you agree not to use our intellectual property without our prior written consent. You agree not to use MACIV logos, designs and names in a way that may falsely imply a relationship with, or endorsement by, MACIV or its employees. You agree not to use any names, designs or logos, including domain names that are confusingly similar to the MACIV´s.
10.2 MACIV respects intellectual property of others, and we expect our users to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our Website to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please contact us.
10.3 If you use content covered by our intellectual property rights, we retain all rights to that content. You must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.
11. Other Provisions
11.1 These Terms and Conditions constitute the entire agreement between you and MACIV, superseding any prior agreements between you and MACIV.
11.2 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and MACIV is intended or created by these Terms and Conditions. A user of the Website is not MACIV's representative or agent, and may not enter into an agreement on MACIV’s behalf.
11.3 These Terms and Conditions are not assignable, transferable or sublicensable by you except with MACIV’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of MACIV’s assets, or similar transaction.
11.4 A party’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
11.5 If any provision of these Terms and Conditions are found to be invalid by a court of competent jurisdiction, you and MACIV nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms and Conditions will remain in full force and effect.
11.6 If we terminate your account or access to our Website, these Terms and Conditions terminates with respect to the member account that has been terminated. However, certain provisions of these Terms and Conditions that by their nature survive termination shall survive termination, including those terms listed below in Section 11.13 (Survival).
11.7 Please report any violations of these Terms and Conditions by a member or third party by sending an email to firstname.lastname@example.org.
11.8 MACIV reserves all rights not expressly granted to you.