Terms and Conditions Agreement updated: February 20, 2013
The content on Mischmasch, except all User Content (see below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks, and logos are owned by or licensed to Mischmasch, subject to copyright and other intellectual property rights.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Mischmasch does not claim any ownership rights in the Content that you post to the Mischmasch website. This means that you, and not Mischmasch, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Mischmasch website. You represent and warrant that you own the Content posted by you on or through Mischmasch or otherwise have the right to grant the license set forth in this section, and that the posting of your Content on or through Mischmasch does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We do not control the Content posted via the Mischmasch website and therefore we do not guarantee the accuracy, integrity or quality of Content on the website. You understand that by using the Mischmasch website, you may be exposed to Content that you may find offensive, indecent or objectionable. Mischmasch cannot be held liable in any way for any User Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via Mischmasch.
You may not use the Mischmasch site and or its services to transmit any content which:
1. contains unlawful, defamatory, hateful, ethnically or racially offensive, obscene, lewd, libelous, harassing, abusive, threatening, or incites activity that could be considered criminal or tortious, violates the rights of others or violates any law.
2. contains sexually explicit images or other content which is offensive or harmful to minors.
3. infringes any copyright or other proprietary rights, trademark or trade secret of any party
4. uses the Mischmasch website for the transmission of any unauthorized or unsolicited advertising, spam, junk mail, chain letters or any other form of solicitation
5. utilizes a false name or identity or a name or identity that you are not entitled or authorized to use,
6. contravenes any application law or government regulation,
7. contain computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
8. harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person, You acknowledge that Mischmasch reserves the right to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Mischmasch website at any time, with or without prior notice, and without liability. Mischmasch also reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Mischmasch website if we determine at our own discretion that you pose a threat to Mischmasch and/or its Users. You acknowledge, agree, and give permission to Mischmasch that we may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Mischmasch Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Mischmasch, its Users, and the public.
You agree to indemnify and hold Mischmasch and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Mischmasch website, your use of the website, your connection to the website, your violation of the Terms and Conditions, or your violation of any rights of another.
You are solely responsible for your interactions with other Mischmasch Users. Mischmash reserves the right to monitor disputes between you and other Members, but we are not under obligation to do so.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE MISCHMASCH WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MISCHMASCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT. MISCHMASCH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS SITE'S CONTENT OR THE CONTENT OF ANY SITES HYPERLINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)INACCURACIES OF CONTENT, MISTAKEN OR INTENDED (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MISCHMASCH WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MISCHMASCH WEBSITE. MISCHMASCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MISCHMASCH WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. MISCHMASCH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
REGARDLESS OF CIRCUMSTANCES MISCHMASCH WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS AND/OR LOST BUSINESS OPPORTUNITIES, THAT RESULT FROM YOUR USE OF THE MISCHMASCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF MISCHMASCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE THAT MISCHMASCH SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OBJECTIONABLE OR ILLEGAL CONDUCT OF ANY THIRD PARTYAND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.