MashDay by Shimmeo - Terms of Service
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND REGISTERING FOR, ACCESSING AND/OR USING THE MASHDAY SERVICE.
MashDay is an application created by Shimmeo, Inc ("Shimmeo") that allows users to create and share videos and GIFs. The services offered in MashDay by Shimmeo include our iOS software applications (including any updates, new versions or new releases thereof), and our website located at www.mashday.app. Please read these Terms carefully before using the application (or "App") or website or related services (together, the App, website and related services are called "Services"). By accessing, using or browsing the Services you agree to be legally bound by these terms, and all other terms, policies and guidelines incorporated by reference in these terms. If you do not agree with these terms in their entirety, you may not use the Services.
Shimmeo may change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Services, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on Services, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Srvices. The Terms will always show the 'last updated' date at the bottom. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at the contact address below.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
ACCESS AND PRIVACY
- Shimmeo does not claim ownership of the content and information you post on MashDay. Rather, you give MashDay, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post. This right ends when you delete your content or your account unless your content has been shared with others, and they have not deleted it. When you publish content or information, it means that you are allowing everyone, including people viewing Mashday content outside the Mashday App, to access and use that information, and to associate it with you (your profile name and picture).
- Content created on MashDay may contain content owned by one or more 3rd parties.
- You agree that Shimmeo may exercise the license granted by you without notice, payment or attribution to you. You understand that Shimmeo does not guarantee any confidentiality with respect to any content that you submit. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Shimmeo, are responsible for all of your content that you make available on or in the site, the application, or the related services, whether publicly posted or privately transmitted.
- When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- You must comply with MashDay's Community Guidelines. You shall not in any way use the Service (such as posting audio, videos or comments) or post to any user of the Service anything that: is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction; is fraudulent, criminal or unlawful; is inaccurate or out-of-date; is violent, obscene, pornographic or sexually suggestive, indecent, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political; impersonates any other person or body or misrepresents a relationship with any person or body. You must not upload any audio content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity. We reserve the right to remove such content from the Service and from being shared without notifying the user.
- You represent and warrant that Shimmeo shall not at any time be responsible for the payment of any fees, advances, public performance fees or royalties.
- The application, the site, the related content and any related services offered are proprietary to and the property of Shimmeo or its licensors. All intellectual property rights in or associated with the application, the site, the Shimmeo content and any related services offered on the site are and will remain exclusively owned by Shimmeo. You agree to secure and protect the application, the site, the Shimmeo/MashDay content and any services offered on the site in a manner that will maintain and protect Shimmeo's rights in the application, the site, the content and any related services offered. You shall do nothing inconsistent with Shimmeo's ownership rights in the application, the site, the content and any related services offered. You agree to take all reasonable steps to protect the application, the site, the content and any services offered from loss or damage while in your possession or under your control or use.
- The content in the application and available through our services is protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these terms, Shimmeo and its licensors exclusively own all right, title, and interest in and to the services and all Shimmeo content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the services or content.
- All trademarks, service marks, logos, trade names and any other proprietary designations of Shimmeo used herein are trademarks or registered trademarks of Shimmeo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using automated devices such as scripts, bots and spiders.
- Shimmeo gives you a personal, worldwide, royalty-free, non-assignable, non-exclusive, non-transferable license, without the right to sublicense, to download to use the software that is provided to you by Shimmeo as part of the Service solely for your personal, non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Shimmeo, in the manner permitted by these Terms.
- You must be at least 13 years old to use the Service. If you are 13 years of age or older and are a minor, you must have permission from your parent or guardian to use the Service. If you do not have permission from your parent or guardian, you will not be entitled to use the Service if you do not satisfy these requirements. By continuing with the installation process, you represent that you are of majority age or, if you are a minor, that your account was created and registered by your parent or guardian or that you have received your parent(s) or legal guardian's permission to download and use the application and/or the site and services offered on the site under the terms and conditions of this agreement and your parent or legal guardian has joined you in executing this agreement. Further, if you are a parent who is registering for a child, you hereby agree to bind your child to these terms and to fully indemnify and hold harmless Shimmeo if your child breaches or disaffirms this agreement.
- You will not use our copyrights or trademarks or any confusingly similar marks that may infringe or breach the copyright or any intellectual property rights or privacy or other rights of us or any third party that may be contrary to our interests. We reserve the right to remove such content from being shared.
- You are responsible for keeping your password secret and secure.
- We try to make the Service bug free; however we make no warranty that your access to the Service will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. Access to the Service may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App or Services for any reason. If we impose restrictions on you personally, you must not attempt to use the Service under any other name or user or on any other mobile device. We do not warrant that the Service will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device and computer), software, data or other property as a result of your download, installation, access to or use of the Service or your obtaining any material from, or as a result of using, the Service. We shall also not be liable for the actions of third parties. We make no representation or warranty, express or implied, that information and materials on the App or available through our Services are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
- Shimmeo does not proof, edit or change any of the Content on the Site or Service, including, without limitation, any of Your Content or any MashDay Community Member Content. MashDay has no obligation to correct any (a) unfinished video content or any other errors or mistakes in any Content; (b) low resolution video that may appear blurry; (c) editing or design issues, including formatting, organization, style or color; or (d) other creative choices that You make. Shimmeo is not responsible for any incorrect or inaccurate Content (including, without limitation, any of Your Content or any MashDay Community Member Content) transmitted through the Service, whether such inaccuracies are caused by Shimmeo, the Application, the Site or the users of any of the foregoing or by any of the equipment or programming associated with or utilized in connection with providing the Application, the Site and the services offered on the Site. Shimmeo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content submitted by users. Shimmeo is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Application and/or the Site or combination thereof, including any injury or damage to users' or to any person's Personal Device or other computer or equipment related to or resulting from participation or downloading the Application or using the Site or any other Content or services offered on the Site. Under no circumstances shall Shimmeo be responsible for any loss or damage, including personal injury or death or property damage, resulting from use of the Application, the Site or the services offered on the Site or from any Content posted on the Site or transmitted by or to users, or any interactions between users of the Application, the Site and/or services offered on the Site, whether online or offline.
- Notwithstanding any other provision of this Agreement, nothing herein will obligate Shimmeo to use any uploaded materials, uncluding uploaded audio and video, in any manner. You understand and agree that you have no right to any proceeds derived by licensee or any third party from the use of the tracks. Shimmeo guarantees no amount of publicity and/or exposure arising from the license granted.
- Shimmeo might from time to time operate contests and similar promotions through the Services. You should carefully review the rules of each promotion in which you participate through the Services.
- Shimmeo reserves the right not to publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. We have the right to monitor any materials published or otherwise available on the service and to investigate any violation of these terms, and to take any action that we deems appropriate.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SHIMMEO SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING OUT OF THESE TERMS OR IN CONNECTION WITH THE SERVICE, EVEN IF SHIMMEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP AND THE SERVICES. THE APP AND SERVICES ARE AVAILABLE "AS IS," AND "AS AVAILABLE". YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP AND SERVICES. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND SERVICES AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Liability for Content
You hereby acknowledge and agree that Shimmeo stores content and other information at the direction, request and with the authorization of its users and acts merely as a passive conduit for the uploading, storage and distribution of such content. Shimmeo plays no active role and gives no assistance in the presentation or use of any of the Service's content.
Shimmeo and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Service by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the App or the Services. By using the App or Services, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Shimmeo or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
Your Representations and Warranties
You represent and warrant that (a) your use of the App and Services will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold Shimmeo Inc. and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys' fees), resulting from your use of the App and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
Third Party Websites
Digital Millennium Copyright Act Compliance (DMCA).
- If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Shimmeo's Designated Copyright Agent with the information detailed in 17 U.S.C § 512(c)(3). You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
- Shimmeo's Designated Copyright Agent to receive notifications of claimed infringement can be reached by email at firstname.lastname@example.org. For the avoidance of doubt, only DMCA notices should go to Shimmeo's Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Shimmeo customer service through email@example.com.
Updated January 19, 2019.