TERMS OF SERVICE
Last Revision: May 14th, 2020
These terms of service (hereby referred to as the “Terms”) regulate the access to and the use of the Maskify website https://maskify.co and its service (hereby referred to as the “Website” and the “Website service”) recognized as the copyrighted work belonging to Maskify LLC (hereby referred to as “Maskify” or “we”) located in Miami, Florida, for you as a Customer or as a Vendor (hereby both also referred to as “you”).
Certain features of the Website may be subject to additional guidelines, conditions, or rules which will be publicly presented on the Website in connection with such features. All such additional conditions, guidelines, and rules are incorporated by reference into these Terms.
IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THIS WEBSITE.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WEBSITE AND OUR SERVICE. BY ACCESSING AND USING THE WEBSITE AND ITS SERVICE, YOU ACCEPT THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).
THESE TERMS REQUIRE THE USE OF ARBITRATION (Section 10 of the Terms) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE CASE OF A DISPUTE. BY ENTERING INTO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS.
1 Service Provider & User General Obligations
(Website Use, Registered User, User’s Obligations)
(Description of the Service, Economic Conditions of the Service)
3 Responsibilities and Guarantees of the Parties
4 Disclaimer of Warranties
5 Limitation of Liability & Indemnification
6 Intellectual and Industrial Property & Copyright Policy
(Maskify Website, Vendor’s Content, Copyright Policy)
(Prohibited Activities, Hyperlinks, Electronic Communication, Export, Changes to the Terms, Null and Void Clauses)
9 Disputes with Other Registered Users
10 Dispute Resolution
11 Contact Information
Definition of Terms
USER means anybody who accesses the Website.
REGISTERED USER means the User who is registered on the Website by creating an account.
CUSTOMER means a Registered User such as an individual, company or any other entity domiciled or incorporated anywhere in the world that is interested in the purchase of the Products through the Website and its service.
VENDOR means a Registered User such as an individual, company, or any other entity domiciled or incorporated in the USA that list and/or publish their Products on the Website for the purposes of the sales through the Website and its service.
PRODUCT means textile, elastic, handmade or any other type of face-wear and/or facial mask listed and/or published on the Website by the Vendor for the purposes of the sale through Website and its service.
SERVICE means variety of functions provided through the Website as an online platform allowing for Customer’s contact with Vendors for the purposes of the sale of the Products through the Website and its service.
1 SERVICE PROVIDER AND USER GENERAL OBLIGATIONS
1.1. Website Use
- Maskify informs those who access the Website and its service (hereby referred to as the “Users“) about implied acceptance of the following conditions:
- Simply browsing the Website implies acquiring the condition of being a User, which means the acceptance of every one of these Terms generally as well as the particular conditions that may be established in each case. Regarding the Terms, without prejudice to the right of canceling the service or to withdraw freely and at any time, unless the particular conditions establish any other rule.
- Maskify may at any time and without prior notice, modify the Website’s presentation and configuration. Similarly, Maskify can either modify the general or specific conditions or introduce new conditions.
- Maskify may deny or withdraw the Website’s access to those Users who fail to comply with the provisions of the Terms or other conditions at any time and without prior notice; specifically, in those cases in which any unlawful, unfair, bad faith or harmful conduct is detected or verified.
- In these cases, Maskify will be able to state the detected facts and all the information related to them, placing them in the hands of the corresponding State Security Forces that correspond to each case.
1.2. Registered User
- As a Registered User, you are responsible for your account and its activity. The account is non-transferable. The password, you choose upon registration, is an identifying and enabling element to access the service on the Website. The password is personal and non-transferable. You are obliged to keep due diligence in the password’s preservation and protection, assuming the consequences that may arise from the use thereof by a third party.
iii. As a Registered User, you create your own content on our Website. You understand that you are solely responsible for your content. By posting your content through our Website, you grant Maskify license to use it, as further specified in Section 6 of the Terms. This way we can help you promote your Products. We do not claim any ownership of it.
- You recognize that these Terms do not create any partnership, employment, agency, franchise, or agency relationship between Maskify and you.
- Maskify may contact you to check the data that were provided.
1.3. The User’s Obligations
- You are obligated to use the Website and its service in a diligent manner.
- You are liable for all of the damages that may arise in relation to your use of the Website. Similarly, you shall hold Maskify harmless from any claim, sanction, or demand made by a third party because of the violation of any rights by you through the Website’s use, as specified in Section 5 of the Terms.
iii. You allow personal and/or company information to be recorded in your account on the Website.
- You are obliged to:
- Provide true, accurate, complete, and up-to-date data, as well as not use false identities or impersonate the identity of third parties.
- Not introduce or disseminate anything defamatory, abusive, obscene, threatening, xenophobic, incite violence or discrimination or that violates morals, public order, etc.
- Not introduce, store or disseminate through the Website any software, data, virus, code, hardware, or any other electronic or physical device that is likely to cause damage to the Website or other equipment owned by other Users or third parties.
- Not hide, falsify the origin, intercept, delete or modify email messages of other Users or send “spam”.
- Not introduce, transmit or disseminate any content through the Website that infringes upon the intellectual property, industrial or business secrets of third parties, and in general any content that does not conform to the law, nor do you have the right to make it available to third parties.
- Not provide third parties, through any means, with information that identifies or can identify any other Website Users.
2 THE SERVICE
2.1. Description of the Service
- The service offered by Maskify consists of the functions on the Website that allows for Customer’s contact with the Vendors for the purposes of the sale of the Products, and the publication, coordination and communication thereof. Through this service:
- Vendors may list and/or publish their Products with all the required specifications on the Website for the purposes of the sale. The Vendors’ participation on the Website will be subject to prior approval by Maskify.
- Customers may purchase Products listed and advertised by the Vendors through the Website.
ii The Service offers a variety of functionalities directed to the publication, coordination and communication between the Vendors and the Customers for Products’ sales.
iii. Similarly, the Website allows the Customers to issue ratings in the form of [graphic, numerical scoring and comments], so that the Vendors and the Customers will create a reputation through their participation on the Website that will serve as a reference to the other Vendors and the Customers. In relation to the above, when the User considers that there are comments that involve defamation, slander or any other behavior that threatens any of their rights, they may send a notification to Maskify, which will assess the reported situation and take appropriate measures whenever necessary. In this sense, Maskify reserves the right to remove any comment issued by the Vendors and/or the Customers that it considers contrary to its principles of its Website.
- The Customers and the Vendors using the Website may communicate internally through the Website using its own integrated chat tool. Through this communication, Customer’s email address might be disclosed to the Vendor. The chat will be administered by Maskify and the use thereof will be regulated by the Terms.
- Both the Vendors and the Customers commit to not using this tool illegally, not publishing inappropriate or offensive content or using the tool for purposes other than communication between the Vendors and the Customers related to the purchase of the Products.
vii. Maskify reserves the right to review the Products before their final listing on the Website. Maskify allows three categories of Product images. For the Product to be published, Vendors should provide high quality Product images, and avoid using: mannequins; black and white imagery; excessive retouching, harsh filters, borders or watermarks; poor lighting; collages; stock imagery; offensive imagery; unlicensed and unregistered logos and trademarks and similar as specified in Section 6 of the Terms. For more details, please refer to the Seller Guidelines and Look Book for references.
2.2. Economic Conditions of the Service
- The Service offered includes Product listing on the Website for Vendors free of charge.
- Maskify charges a 5% transaction fee on every sale made through the Website and its service. This transaction fee is applied to the total transaction amount including shipping and wrapping of the Products.
iii. Maskify may charge an affiliate fee of 3%. On your Maskify profile, you have an option to include a hyperlink to your website. If you choose to do so, you must establish Maskify as an affiliate. In such case, Maskify will charge an affiliate fee on every sale made on your website provided the Customer used your hyperlink given on our Website. Maskify will either connect to your existing affiliate program or help you create one. For more details, please refer to the Affiliate Policy.
- In addition to the fees listed above, the Vendor incurs a standard payment processing fee in the amount of 2.9% and $0.30 per successful card charge through our Website and its service. An additional 1% is applied to international credit card and/or debit card transactions.
- Maskify does not charge an off-site advertising fee. If we use Vendors’ content for our paid advertising, and as a result a Customer purchases a Product from this off-site promotion, Maskify does not apply any additional fee.
- Maskify Website provide Vendors, as Registered Users of the Website, with the service to accept payments by credit card and/or debit cards, Google Pay and Apple Pay.
vii. In order for vendors to receive payment for the Products sold through the Website, each Vendor is required to connect their bank account to the payment processing gateway by establishing an account during the onboarding process as per request of our payment processing provider. This way all funds from each sale go directly to the vendor’s connected bank account.
viii. Any actions by Vendors to avoid paying a fee is considered fee avoidance and is strictly prohibited by Maskify. A transaction initiated on Maskify Website may not be completed off of Maskify. The price listed in each Product description must be in USD and must be an accurate representation of the sale. Vendors may not alter the Product’s price after a sale for the purpose of avoiding transaction fees payable to Maskify.
- As the Vendor, you are solely responsible for collecting and paying any taxes associated with using and making sales through our Website and its service. Our payment processing provider will issue [1099-K forms] to certain Vendors to comply with IRS and other state requirements.
- Maskify provides a variety of tools for its Vendors to manage their stores. As a Vendor, you can sales tax classes to your products, or you can simply elect to include sales tax in the product listing price.
3 RESPONSIBILITIES AND GUARANTEES OF THE PARTIES
- The Customer guarantees and acknowledges that:
- You have read and understood the Terms, accepting them in their entirety, without any reservation.
- You have sufficient legal capacity and competence to purchase Products through our Website and its service.
- You are aware that the service only consists of the Website, and that the Products are placed on Website at the Vendors’ sole responsibility, and as a result you purchase the Products from the Vendor, not from Maskify.
- You acknowledge that Maskify does not pre-screen Vendors and therefore Maskify does not guarantee or endorse any Products and related content listed by Vendors on our Website.
- You recognize that if you make a purchase on Maskify Website, you support one of the various independent Vendors, each with their own unique listings, processing system, payment procedures and policies.
- You will carry out the commitments you acquire in to your best abilities and knowledge, within your possibilities, capabilities and competences.
- You will carry out the commitments you acquire loyally, lawfully and in good faith, without engaging in criminal or administrative offenses, and without causing damages or harm of any nature to any third party. You will not abuse or harass another Customer and/or Vendor.
- You have the obligation to inform Maskify as soon as possible if you detect any unlawful content or action by the Vendors or any other Customers.
- You are responsible for your use of the Website and its service and your own failure to comply with your responsibilities.
- You agree not to use the chat tool for purposes other than those established in the Terms, not to publish inappropriate content and not to use the tool for illegitimate purposes. Both the Vendors and the Customers commit to not using this tool illegally, not publishing inappropriate or offensive content or using the tool for purposes other than communication between the Vendors and the Customers.
- If you use trademarks, logos, or registered and/or protected content under the rules of intellectual or industrial property as specified in Section 6 of the Terms, you guarantee that you have all the necessary rights to use them within the service.
- In case of using audiovisual content subject to image rights, you guarantee that you have the necessary rights to make use of them within the service, taking special consideration of minors’ rights.
- In no case and under no circumstances, will you use the other Customers’ personal data for commercial or publicity use or in any other way that involves a direct or indirect enrichment at the other Customers’ expense.
- You will be able to evaluate and score the Vendors and the Products purchased through the Website. However, you are always committed to do it in a sincere and honest way in order to help Vendors to build a strong reputation or, on the contrary, to warn other Customers about poor customer experience.
- The Vendor and/or the person who uses the Website and its service on their behalf, guarantees and recognizes that:
- You have read and understood the Terms, accepting them in their entirety, without any reservation.
- You are aware of the payments and related fees for the Website service’s use in a timely manner and without any delays in respect of the provisions of the Terms. Also, you are responsible for collecting and/or paying any applicable taxes for any purchases and/or sales you make through our Website and its service as further specified in Section 2 of the Terms.
- You are aware that the Website service is only an intermediation tool, and that the Products are listed and/or published on the Maskify Website at the Vendors’ sole responsibility.
- You provide honest and accurate information about you as well as an accurate representation of your Products.
- You have the full legal capacity to use the service on behalf of the Vendor and to publish and manage the Products and their sales on the Maskify Website. If your circumstances change, or if you cannot carry out your commitments due to any other reason, you have the obligation to inform the Customers as well as Maskify as soon as possible.
- You acknowledge that the Products must be shipped within 5-7 business days.
- As a Registered User of the Website, you can create and upload a variety of content, as further specified in Section 6 of the Terms and Seller Guidelines.
- You agree not to post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You will not abuse or harass another Vendor and/or Customer.
- You will be solely and exclusively responsible for the Products that you list and/or publish on our Website, as well as for the management, coordination, and communication thereof, exempting and keeping all Customers and Maskify harmless from any liability that may arise from sales of Products listed on our Website, as specified in Section 5 of the Terms.
- If you use trademarks, logos, or registered and/or protected content under the rules of the intellectual or industrial property specified in Section 6 of the Terms, you guarantee that you have all the necessary rights to use them within the service.
- In case of using audiovisual content subject to image rights, you guarantee that you have the rights necessary to make use of them within the service, taking special consideration of minors’ rights.
- You will manage and coordinate the sales of Products within the service on the Website so that all its information is properly registered in it. All contacts with the Customers will be made through the Website service’s functions unless another mode of contact is essential for mutual communication. With respect to the chat tool, you agree not to use it for purposes other than those established in the Terms, not to publish inappropriate content and not to use the tool for illegitimate purposes, such as unsolicited advertising, spams or requests for donations.
- In no case and under no circumstances, will you use the Customer’s personal data for commercial or public use or in any other way that involves a direct or indirect enrichment at the Customer’s expense. You are responsible for protecting Customer’s personal data you receive and/or process and you must comply with all the relevant legal requirements including all the applicable data protection and privacy laws when you use our Website and its service for the sale of your Products.
- You act loyally, lawfully, and in good faith, without engaging in criminal or administrative offenses, and without causing damages or harm of any nature to any third party.
- You have the obligation to inform Maskify as soon as possible in case you detect any illicit action on the Customers’ or another Vendor’s behalf.
- You are responsible for your use of the Website and its service and the failure to comply with your responsibilities.
- Maskify expects that you will provide a high level of customer service respecting your shipping and processing times, responding in a timely manner, resolving disputes directly with the Customer, and in case of inability to complete an order, you must timely notify the Customer and cancel the order.
- Your performance in the sales of Products and its publication, management, and coordination on our Website may be assessed and scored by the Customers.
4 DISCLAIMERS OF WARRANTIES
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. THE CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE TEXT, GRAPHICS, IMAGES, LINKS, AND OTHER MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND DOES NOT CONSTITUTE MEDICAL OR OTHER PROFESSIONAL MEDICAL ADVICE. RELIANCE ON ANY INFORMATION PROVIDED HEREIN IS SOLELY AT YOUR OWN RISK AND RESPONSIBILITY.
THE WEBSITE AND ITS SERVICES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND MASKIFY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
MASKIFY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SCUH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF THE FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- The Service Users do not act in any case under Maskify’s direction, authority, or control.
- If Maskify detects irregularities with respect to the use of the service by Users thereof, Maskify reserves the right to investigate such irregularities, block, suspend or cancel the Service’s use and, where appropriate, process the appropriate corresponding legal actions.
iii. Maskify reserves the right to temporarily suspend the service, without the need to give prior notice, due to the eventual need to carry out maintenance, repair, updates or improvement operations.
- Maskify is not responsible for any representations, interests, opinions, ideas, or any other manifestation expressed by the Vendors and/or Customers using the Website and its service. In no case may it be understood that said statements necessarily reflect those of Maskify. Maskify is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by the Vendors and/or Customers using the Website and its services.
- Maskify does not manufacture, store, or inspect any of the Products sold through the Website and its service. Maskify provides the marketplace, where the Products are listed, and sold by independent Vendors. As a result, Maskify does not make any warranties about the quality, safety, or legality of the Products. Any legal claim related to the Product you purchase must be brought directly against the Vendor selling the Product. You release Maskify from any claims related to the Products sold through our Website and its service, including defective Products, misrepresentations by Vendors, or Products that caused physical injury.
5 LIMITATION OF LIABILITY & INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MASKIFY (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF MASKIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CLAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- You agree to indemnify and hold Maskify (its officers, employees and all other agents) harmless, including costs and attorney’s fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website, (b) your violation of the Terms, (c) your violation of applicable laws or regulations.
- Maskify reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Maskify, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Maskify.
iii. Maskify will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
6 INTELLECTUAL AND INDUSTRIAL PROPERTY & COPYRIGHT POLICY
6.1. Maskify’s Website
- You acknowledge that Maskify is the owner of the corresponding licenses and/or authorizations of the usage rights of intellectual and industrial property of the Website including the web page and its service as well as trademarks, logos, trade names, phrases or any distinctive signs, software or computer programs that form or have been part of it at any time.
- You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website as described above., whether in whole or in part. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website. You shall not access the Website in order to build a similar or competitive website, product, or service.
iii. Except as expressly stated herein, no part of the Website may be copied, reused, exploit, reproduced, republished, downloaded, displayed, posted or transmitted in any form by any means in any way, without the express written authorization of Maskify or where appropriate, the rights holder to which it corresponds.
- Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to the Terms.
- Maskify grants you a limited, non-exclusive, non-transferable, and revocable license to use our Website and its service subject to the Terms.
6.2. Vendors’ Content
- The Vendors agree that the content, including but not limited to the Products’ images and Products’ videos, posted and/or published by the Vendors on the Website, or provided to Maskify upon request, is Vendor’s property or that Vendor has the corresponding authorization and that said content does not violate the rights of any third-party.
- By posting the content on the Website, the Vendors grant Maskify a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of said content. This allows Maskify to provide the Website service, its promotion, and the promotion of your Products. The Vendors agree not to assert any moral rights or rights of publicity against Maskify for using said content.
6.3. Copyright Policy.
- Maskify respects the intellectual property of others and therefore asks all the Users of the Website to do the same. In connection with the Website, Maskify has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of the Users of the Website, who are repeated infringers of intellectual property rights, including copyrights.
- If you believe that one of the Users is, through the use of the Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512 (c)) must be provided to Maskify to the address specified at the end of the Terms:
1) your physical or electronic signature;
2) identification of the copyrighted work(s) that you claim to have been infringed;
3) identification of the material in our services that you claim is infringing and that you request Maskify to remove;
4) sufficient information to permit Maskify to locate such material;
5) your address, telephone number, and email address;
6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
iii. Please note that, pursuant to 17 U.S.C. § 512 (f), any misrepresentation of a material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by Maskify in connection with the written notification and allegation of copyright infringement.
- You may terminate your account with Maskify at any time using your account settings. Termination of your account will not affect the availability of some of the content that you posted through the Website prior to Termination.
- We may terminate or suspend your account with Maskify at any time, for any reason, and without prior notice. In such a case, you do not have any legal right to continue to use our Website and its service. In addition, you may lose any information associated with your account, including the content you created.
8.1. Prohibited Activities
- The Users are expressly prohibited from using the Website and its service for illicit, illegal, immoral purposes, or that in any way supposes a breach of the principles of good faith. By way of example and not limited to, the following uses of the Website are prohibited:
- Acts of terrorism and criminal acts
- Acts of support or defense of acts or terrorist or criminal organizations
- Acts related to pornography, prostitution, sexual slavery, or violation of the rights of sexual freedom
- Acts related to corruption of minors or child pornography
- Acts related to drug or arms trafficking
- Acts related to political corruption, use of privileged information, or influence peddling
- And in general, any illicit, illegal act or an act that violates the rights of third parties or that contravene the moral principles or good faith.
- Maskify will endeavor, through the means at its disposal, to prevent this type of activity from occurring within the Website and its service. However, Maskify cannot guarantee the infallible detection of such activities.
- Once you register on the Website as a Vendor, you will have an option to provide a direct link to the website for your business. In order to do so, please refer to our Affiliate Policy.
- Under no circumstances, Maskify will be made responsible for the content, information, statements, opinions, or other services made available to the public on sites or services outside Maskify, regardless of whether they have a link to our Website or they are linked from our Website.
8.3. Electronic Communications
- The communication between you and Maskify use electronic means, whether you use the Website or send the emails to Maskify, or whether Maskify posts notices through the Website or communicates with you via email.
- For contractual purposes, you (a) consent to receive communications from Maskify in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Maskify provides to you electronically, satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
- The Website may be subject to the U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Maskify, or any product or services utilizing such data, in violation of the U.S. export laws or regulations.
8.5. Changes to the Terms
- The Terms are subject to occasional revisions, and if Maskify makes any substantial changes, you may be notified by an email to the last email address you provided to Maskify, and/or posting a notice of the changes through the Website. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following the email sent to you and/or thirty (30) calendar days following posting a notice of the changes through the Website.
- These changes will be effective immediately for the new users of the Website.
8.6. Null and Void Clauses
- If any provision of the Terms and other policies were to be declared totally or partially null or void, this shall only affect said provision or part thereof which may be deemed null or void, with all other Terms remaining in full force.
9 DISPUTES WITH OTHER REGISTERED USERS
- If you have a dispute with another Registered User or a third party, you should try to resolve the dispute amicably.
- In case you will not be able to resolve the dispute arising from the transactions made through our Website and its service, you may contact Maskify and we will attempt to help you with resolution in good faith and in our sole discretion.
iii. Maskify will not make any judgments regarding legal issues or claims. Maskify has no obligation to resolve any disputes.
- You release Maskify from any claims, demands, and damages arising out of disputes with other Registered Users or parties.
10 DISPUTE RESOLUTION
PLEASE READ THE ARBITRATION AGREEMENT BELOW CAREFULLY. IT IS PART OF YOUR CONTRACT WITH MASKIFY AND IT AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Maskify will always try to resolve any issues with you amicably. In case we are unable to reach any results, any legal dispute related to our Website and its service is subject to the Terms below.
10.1. Applicability of Arbitration Agreement
- All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of this website provided by Maskify that cannot be resolved informally or in small claims, the court shall be resolved by binding arbitration on an individual basis under the Terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English.
- This Arbitration Agreement applies to you and Maskify, and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns as well as to all authorized or unauthorized users or beneficiaries of this Website provided under the Terms.
10.2. Notice Requirement and Informal Dispute Resolution
- Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (hereby referred to as “Notice”) describing the nature and the basis of the claim or dispute, and the requested relief. A Notice to Maskify should be sent to the address specified at the end of the Terms. After the Notice is received, either party may begin an arbitration proceeding.
- The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
10.3. Arbitration Rules
- The Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org. The arbitration shall be conducted by a single, neutral arbitrator.
- Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based on arbitration, at the option of the party seeking relief.
iii. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the United States, the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings.
- Any judgment on an award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Maskify made to you prior to the initiation of arbitration, Maskify will pay you the greater of the award or $2,500.00.
- Each party shall bear its own costs (including attorney’s fees) and disbursements
arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
10.4. Additional Rules for Non-Appearance Based Arbitration
- If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
10.5. Time Limits
- If you or Maskify pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
10.6. Authority of Arbitrator
- If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Maskify, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.
- The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions, on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Maskify.
10.7. Waiver of Jury Trial
- The parties hereby waive their constitutional and statutory rights to go to the
court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court.
- In the event, any litigation should arise between you and Maskify in any state or
federal court in a suit to vacate or enforce an arbitration award or otherwise, you and Maskify waive all rights to a jury trial.
10.8. Waiver of Class or Consolidated Actions
- All claims and disputes within the scope of this Arbitration Agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one party cannot be arbitrated or litigated jointly or consolidated with those of any other party.
- All aspects of the arbitration proceedings, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law.
- If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed. The remainder of the Agreement shall continue in full force and effect.
10.11. Right to Waive
- Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
10.12. Survival of Agreement
- This Arbitration Agreement will survive the termination of your relationship with Maskify.
10.13. Small Claims Court
- Notwithstanding the foregoing, either you or Maskify may bring an individual action in small claims court.
10.14. Emergency Equitable Relief
- Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed as a waiver of any other rights or obligations under this Arbitration Agreement.
10.15. Claims Not Subject to Arbitration
- Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement.
- In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties agree to submit to the personal jurisdiction of the court located within Miami-Dade County, Florida, for such a purpose.
11 CONTACT INFORMATION
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