Welcome to MassMall.Com, an online mall (cyber mall) where anyone can share, discover and promote favorite products, services, images and videos. By accessing or using the MassMall.Com Service, you signify that you have read the following terms and conditions (the ’Terms of Service’) and accept and agree to be bound by them, whether or not you register with MassMall.Com. MassMall.Com does not claim any ownership rights in any Materials that you submit, post, or display on or through the MassMall.Com Service. After submitting, posting or displaying Materials on or through MassMall.Com or the MassMall.Com Service, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the MassMall.Com Service, you hereby grant to MassMall.Com and its agents and assigns a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely in connection with the MassMall.Com Service or the promotion thereof.
Changes to MassMall.Com and the Terms of Service: We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE MassMall.Com SERVICE. YOUR CONTINUED USE OF THE MassMall.Com SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Eligibility and Registration: You should provide true, accurate and complete registration information to be a MassMall.Com member (’Member’), and also maintain the accuracy of this information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content: The MassMall.Com Service is made available for your personal and business use only. You may not use the MassMall.Com Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content (’Materials’) that you submit, post, and display on the MassMall.Com Service. We may, but shall have no obligation to, remove or limit access to Materials originating from any MassMall.Com user that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does MassMall.Com have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Member’s use of the MassMall.Com Service. MassMall.Com reserves the right to deactivate user accounts without further notice.
Conditions For Use: You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the MassMall.Com Service. By way of example, and not as a limitation, you agree NOT to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by MassMall.Com.
Create a false or misleading identity of, including, but not limited to, a MassMall.Com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use the MassMall.Com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
Attempt to gain unauthorized access to the MassMall.Com Service, other accounts, computer systems or networks connected to the MassMall.Com Service, through password mining or any other means.
Modify, adapt, translate, or reverse engineer any portion of the MassMall.Com Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the MassMall.Com Service, except as expressly authorized by MassMall.Com.
Reformat or frame any portion of the web pages that are part of the MassMall.Com Service.
Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
Remove any copyright, trademark or other proprietary rights notices contained in or on the MassMall.Com Service.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Interfere with another Member's use and enjoyment of the MassMall.Com Service.
Harvest or collect email addresses or other contact information of Members, including names, from the MassMall.Com Service by electronic or other means.
Proprietary Rights: MassMall.Com does not claim any ownership rights in any Materials that you submit, post, or display on or through the MassMall.Com Service. After submitting, posting or displaying Materials on or through MassMall.Com or the MassMall.Com Service, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the MassMall.Com Service, you hereby grant to MassMall.Com and its agents and assigns a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely in connection with the MassMall.Com Service or the promotion thereof.
MassMall.Com and its affiliates and licensors own and retain all rights in the MassMall.Com Web site and MassMall.Com Services, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the MassMall.Com. Except as expressly authorized by MassMall.Com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of MassMall.Com proprietary information.
Updates: As part of the Service, you may from time to time receive updates to the Software from MassMall.Com which will be automatically installed to your Account. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that MassMall.Com may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.
Termination by You: You may terminate your account and/or stop using the Service at any time. To terminate your account contact MassMall.Com Support at http://MassMall.Com.com/. Termination of your account shall not relieve you of any obligation.
Termination by MassMall.Com: MassMall.Com may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the Terms of Service or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by MassMall.Com in its sole discretion, without any refund to you of any prepaid fees or amounts, and MassMall.Com will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Effects of Termination: Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Member Account (any Sub-accounts thereunder), Account Email, domains and all other related services. In addition, MassMall.Com shall delete all information and data stored in or as a part of your account (s). Any individual components of the Service that you may have used subject to separate software license agreements (e.g. Backup software) will also be terminated in accordance with those license agreements.
Links and Other Third Party Materials: Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because MassMall.Com may have no control over such third party sites and/or materials, you acknowledge and agree that MassMall.Com is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that MassMall.Com shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
Google Maps Service: Use of the Google Maps service is subject to the following additional terms: Google Maps Terms of Service available at http://maps.google.com/help/terms_maps.html and Google Maps Legal Notices at http://maps.google.com/help/legalnotices_maps.html.
Disclaimer of Warranties: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MassMall.Com AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, MassMall.Com AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MassMall.Com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Limitation of Liability: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MassMall.Com AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF MassMall.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
Indemnity: You agree to defend, indemnify and hold MassMall.Com, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these Terms of Service; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms of Service and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, including any use by Sub-accounts, and that these Terms of Service apply to any and all usage of your account, including any use by Sub-accounts. You agree to comply with these Terms of Service and to defend, indemnify and hold harmless MassMall.Com from and against any and all claims and demands arising from usage of your account or any Sub-account, whether or not such usage is expressly authorized by you.
Notices: MassMall.Com may provide you with notices regarding the Service, including changes to these Terms of Service, by email to your MassMall.Com email address (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.
Governing Law: These Terms of Service and the relationship between you and MassMall.Com shall be governed by the laws of Virginia in United States of America. You and MassMall.Com agree to submit to the personal and exclusive jurisdiction of the courts located within the Virginia in United States of America, to resolve any dispute or claim arising from these Terms of Service.
General: These Terms of Service constitute the entire agreement between you and MassMall.Com, govern your use of the Service and completely replace any prior agreements between you and MassMall.Com in relation to the the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of MassMall.Com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement. Any translation of these Terms of Service is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms of Service shall govern. You agree that any claim or cause of action arising out of or related to these Terms of Service or the use of the Service must be filed within 7 days after the cause of action arose or be forever barred.