Welcome to mashmatrix. Use of any mashmatrix Service by any End User is governed by the terms and conditions contained here ("Terms and Conditions"). By using any component of the mashmatrix Services, regardless of whether or not you have provided any information through the Services, you are stating that as an End User, you agree to be bound by the following Terms and Conditions:

Copyright And Trademarks

All materials provided on e-mails or Web pages generated by mashmatrix, including, but not limited to, information, documents, content, products, graphics, sounds, images, and software, are provided either by mashmatrix or its third party licensors and are protected by mashmatrix or its third party licensors' copyrights, trademarks, service marks, patents, or other proprietary rights and laws. In particular, mashmatrix, the mashmatrix logo, and all other mashmatrix-based marks are trademarks of mashmatrix, Inc.; you agree not to use any such trademarks without the prior written permission of mashmatrix.

End User Registration

As a condition of using the Services, if you decide to provide information as prompted by various forms, you agree to provide true and accurate information. If mashmatrix suspects that any information provided by you is untrue or inaccurate, mashmatrix has the right to terminate your use of the Services.

End User Conduct And Acceptable Use

You agree to abide by all applicable local, state, national and international laws and regulations in connection with the Services. mashmatrix is a conduit for all data ("Data") that you post and send and receive through its Services. Data is defined to include, but is not limited to, any information, data, text, software, music, sound, photographs, graphics, video, messages, Web content or other materials, whether publicly posted or privately transmitted. By way of example, and not as a limitation, you agree that you are in violation of this Agreement, and mashmatrix may immediately terminate your use of its Services, if mashmatrix believes, in its sole discretion, that you are engaged in any of the following activities:

• Creating or transmitting Data that contains nudity, pornography, or other content harmful to a minor;
• Using the Services for illegal purposes or for posting Data that is obscene, tortious, libelous, invasive of another's privacy, providing instructional information about illegal activities, or otherwise unlawful;
• Violating the rights of third parties, including but not limited to rights of publicity, copyright, trademark, patent, trade secret and other intellectual property rights;
• Interfering with, disrupting or violating the regulations, policies, or procedures of the Services or servers, computer systems, or networks connected to the Services, or interfering with another End User's use and enjoyment of the Services, including but not limited to (a) transmitting any Data that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs, or (b) attempting to gain unauthorized access to the Services or private mailing lists on the Services;
• Providing false information on registration forms, or attempting to mislead others as to the identity of the sender, replier, or the origin of a communication facilitated by mashmatrix;
• Using the Services to facilitate chain letters, pyramid schemes, Ponzi schemes, and other similarly illegal forms of solicitation; or
• Distributing Data containing hyperlinks to sites that contain content prohibited on the Services.

User-Provided Content

On some Web pages hosted by mashmatrix on behalf of an mashmatrix Client, you are provided the option of displaying or publishing ("Posting") content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services. If you choose to Post Content, which may be Posted on a mashmatrix-hosted Web page at the sole discretion of mashmatrix and a mashmatrix Client, you hereby grant to mashmatrix and the mashmatrix Client a non-exclusive, fully-paid and royalty-free, worldwide license to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. A back-up or residual copy of the Content posted by you may remain on mashmatrix servers if the Content is removed from the Services, and mashmatrix retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services. The Services contain Content of Users and other mashmatrix licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

External Links

mashmatrix Clients may create e-mails and Web pages that contain links to other Internet sites. mashmatrix is not responsible for the availability of these outside resources, or their contents, nor does mashmatrix endorse or take responsibility for any of the content, advertising, products or other materials on such sites. Under no circumstances shall mashmatrix be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to the respective site administrator or Webmaster of a particular Client.

No Resale Of Services

You agree not to resell, lease, rent, or distribute or make any commercial use of the Services or access to the Services.

Use Outside Of The United States

mashmatrix controls and operates its Services within the United States, and makes no representation that its Services are appropriate or available for use outside of the United States. If you use the Services from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

Modifications To Terms And Conditions

mashmatrix reserves the right to change these Terms and Conditions and the right to modify or discontinue the Services at any time without notice to you. You agree that mashmatrix shall not be liable to you or any third party for any change in these Terms and Conditions, or any modification to or discontinuance of the Services. Any modifications to the Terms and Conditions will be posted here within these Terms and Conditions. Continued use of the Services after any such changes shall constitute your consent to such changes.

Indemnification

You agree to indemnify, defend and hold harmless mashmatrix and its parents, subsidiaries, affiliates, directors, officers, shareholders and employees from any loss, liability, claim, demand, damage, or expenses (including attorneys' fees) asserted by any third party due to or arising from or in connection with your use of or conduct related to the Services. mashmatrix reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

Disclaimer Of Warranties

THE SERVICES AVAILABLE THROUGH MASHMATRIX AND ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASHMATRIX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

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