Terms of Service
The use of "mezz", "we", "us", "our", and "ours" refers to mezz, Inc., a Delaware, US Corporation, throughout this document.
These Terms of Service ("Terms") govern your access to and use of our services (the "Services"), and any information, text, graphics, photos, pictures, location information or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Postings"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Purpose of Our Services
Content/Postings: Our services are primarily designed to help you share information with everyone publicly. Most of the information you provide to us is information you are asking us to make public. This includes the picture or photo, the message you enter, the time of the posting, and the location provided with this information. Your username and profile picture will also be publicly disclosed with this posting. This information can be posted on other third-party services such as Facebook or Twitter either by you or forwarded by other users of our services. The contents of the posting will be broadly and instantly disseminated publicly, including but not limited to our services, websites, search engines, third-party services, and websites and services provided by our partners, and others. You should be careful about all information you post including your location since all postings are public.
Profile Information: Profile information about yourself can be accessed publicly. This includes your username, your profile picture, the number of followers, the usernames and profile pictures of your followers, the number of following, the usernames and profile pictures of those following you, the number of likes you have earned on all of your postings, your position on leaderboards and your past postings. You should be careful about all information since all profile information is public.
Location Information: Each posting will contain the current location by default, or you can choose to provide an alternate location of your choice. This location information may disclose your exact location, and you should be careful about all location information you post since this information, just like the other parts of the postings, are broadly and instantly disseminated publicly. If you simply use the default location in your postings, someone can determine your current and the past locations you were present at and the exact time you were located at that location. Additionally, the camera you use to take photos or pictures may embed location information about the spot where the photo or picture was taken, and this information can also be easily retrieved by anyone if this photo is posted through our service. You should be careful about all location information and photos you post since all postings are public.
Basic Terms
You are responsible for your use of the Services, for any Postings you post to the Services, and for any consequences thereof. The Postings you submit, post, or display will be able to be viewed broadly and publicly by other users of the Services and through third party services and websites. You should only provide Postings that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with us and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that we provide are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage, either individually or to all users collectively, at our sole discretion at any time without prior notice to you. The Services may include advertisements.
Privacy Policy
Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by us.
Postings on the Services
All Postings are public and are the sole responsibility of the person who originated such Posting. We may or may not monitor or control the Postings posted via the Services and, we cannot take responsibility for such Postings. Any use or reliance on any Postings or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Postings or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Postings that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Postings, including, but not limited to, any errors or omissions in any Postings, or any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You may not post anything that promotes illegal or reckless activities, gambling, use of illegal substances, or encourage minors to consume alcohol or smoke cigarettes. You may not post nude, partially nude, or sexually suggestive photos or text. You may not post images or photos of people or animals being killed or maimed, shot, stabbed, tortured, or injured. You may not depict any violence or abuse of children. You may not target any race, religion or culture in a defamatory or offensive way, or that could lead to harm or violence towards that group. You may not defame, be offensive, mean-spirited or target any individual, business or group for harm. You must not abuse, harass, threaten, impersonate or intimidate other users. You may not post excessively objectionable or crude postings, or postings primarily designed to upset or disgust others. You may not post anything that does not belong to you or for which you are not the copyright holder. You are responsible for any activity that occurs under your username. You may not use our services for any illegal or unauthorized purpose and you agree to comply with all local, national and international laws regarding online conduct and acceptable content.
You may not game any of Postings either by you or by others by excessively liking or flagging. You may not conspire with others to create postings, liking or flagging to advance a certain purpose or agenda.
Your Rights
You retain your rights to any Postings you submit, post or display on or through the Services. By submitting, posting or displaying Postings on or through the Services, you grant us a worldwide, non-exclusive, fully-paid, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Postings in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for us to make such Postings available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Postings on other media and services, subject to our terms and conditions for such use.
We may modify or adapt your Postings in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Postings as are necessary to conform and adapt that Postings to any requirements or limitations of any networks, devices, services or media. This includes resizing of the images, translating of text, generalizing of the location, adding contextual data or nearby location information, and any other modifications we deem necessary.
You are responsible for your use of the Services, for any Postings you provide, and for any consequences thereof, including the use of your Postings by other users and our third party partners. You understand that your Postings may be rebroadcasted by other users and partners, and if you do not have the right to submit Postings for such use, it may subject you to liability. We will not be responsible or liable for any use of your Postings by us in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Postings that you submit.
Our Rights
All right, title, and interest in and to the Services (excluding Postings provided by users) are and will remain the exclusive property of Mezz, Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Mezz name or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding our Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right to remove any of your Postings if you violate any of the terms specified in this agreement.
Restrictions on Postings and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Postings on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our organization, our employees, our users and the public.
Except as permitted through the Services (or these Terms), you may not reproduce, rebroadcast, republish, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Postings or Services, whether internally within your organization or publicly.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access, crawl, scrape or search or attempt to access, scrape, crawl or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) forge any location information, or (vi) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Postings in such a manner as to interfere with or create an undue burden on the Services.
Copyright Policy
We respect the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Postings has been copied in a way that constitutes copyright infringement, please contact us at copyright@mezz.com and provide all relevant information for us to review the violation.
We reserve the right to remove Postings alleged to be infringing without prior notice and at our sole discretion. We reserve the right to terminate a user’s account.
Links and Contact Information
The Services may contain links to third-party websites or resources or contact information such as email addresses, phone numbers, address, location or other contact information. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such links and contact information; or (ii) the content, products, or services on or available from such links and contact information. Providing such links or contact does not imply any endorsement by us of such content, products, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such information.
NO WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. YOU ASSUME THE ENTIRE RISK AND COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SERVICE OR POSTINGS. YOU ASSUME ALL RESPONSIBILITIES OF THE USE OF OUR SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICE OR APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEZZ DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY POSTINGS. YOU ALSO AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY POSTINGS AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEZZ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY POSTINGS OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY POSTINGS OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Waiver and Severability
The failure of Mezz to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
This License is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Any dispute between you and Mezz regarding this License shall be subject to the exclusive jurisdiction of the courts of the State of California in connection with any action arising under this License. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. This License is the entire agreement between you and Mezz and supersedes any other communications or advertising with respect to the Services. If any provision of this License is held invalid or unenforceable, the remainder of this License shall continue in full force and effect.
Entire Agreement
These Terms, and our Privacy Policy are the entire and exclusive agreement between Mezz and you regarding the Services (excluding any services for which you have a separate agreement with Mezz that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between us and you regarding the Services.
We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you by placing a prominent notice on our website. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Effective: November 1, 2011