Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

The maxamoo.com and beta.maxamoo.com websites (together, the “Website” or “maxamoo.com”) are provided by Maxamoo Inc. (“Maxamoo”) and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by Maxamoo. By using this Website and the Services (as defined below), you are deemed to have agreed to these Terms and Conditions. Maxamoo may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on maxamoo.com. By using this Website and the Services after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this Website.

User Conduct 
This Website and any communications service, including the capability to contribute material through the contribution form (each such submission, a “Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this Website (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Website and Services you agree to provide true, accurate, current, and complete information about yourself as prompted by the subscription form, contribution form, and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Maxamoo reserves the right to terminate your subscription and refuse any and all current or future use of or access to the Services.

Without limitation of the foregoing, you agree to not use the Website or Services to:

  • Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages, or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, offensive, bigoted, prejudiced, racist, sexist, homophobic, lewd, lascivious, filthy, violent, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or otherwise objectionable or illegal;
  • “Stalk” another user;
  • Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Display material that exploits children, or otherwise exploit or harm children under 18 years of age;
  • Post or disclose any personally identifying information or private information about children;
  • Impersonate any person or entity, including, but not limited to, a Maxamoo official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Website;
  • Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any Content that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
  • Act in a manner that negatively affects other users’ ability to engage in the Website or Services;
  • Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
  • Engage in any libelous, defamatory, scandalous, threatening, or harassing activity;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Website or the Content posted by others on the Services or use such information for any purpose inconsistent with the purpose of the Services or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that Maxamoo is not responsible for material submitted to Maxamoo or posted to the Services by users. Maxamoo may not pre-screen, monitor, review, or edit the Content posted by users. However, Maxamoo and its designees have the right (but not the obligation) at their sole discretion to refuse, remove, or edit any Content, in whole or part, that, in Maxamoo’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Maxamoo is not responsible for any failure, non-failure, or delay in removing such Content. You will remain responsible for, and will indemnify Maxamoo against any claims regarding, the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Maxamoo. You agree to immediately notify Maxamoo of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that Maxamoo may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any legal, regulatory or governmental processes; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Maxamoo, its users or the public.

You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Maxamoo assumes no responsibility for the deletion or failure to store postings, Contributions, or other information submitted by you or other users to maxamoo.com.

Any or all Content on the Services may be purged periodically in Maxamoo’s sole discretion. You acknowledge and agree that Content you view, submit, or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages, or other materials created by Maxamoo or submitted to Maxamoo, including Content. You further acknowledge and agree that the views expressed on the Services do not necessarily reflect the views of Maxamoo, and Maxamoo does not support or endorse Content (including any Contribution, whether or not edited by Maxamoo or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any user.

Restrictions On Use of Material
 The content on the Services is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Services for sale, trade, or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the Services. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display, or commercially exploit any material from the Services. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Website.

Unsolicited Materials
 In operating this Website, Maxamoo does not solicit nor does it wish to receive any confidential, secret, or proprietary information or other material from you through the Website, e-mail, or in any other way. Any information or material submitted or sent to Maxamoo, will be deemed not to be confidential or secret. By submitting or sending information or other material to Maxamoo you represent and warrant that the information is original to you and that no other party has any rights to the material.

User’s Grant Of Limited License 
By communicating with Maxamoo, including submitting or sending Content, a Contribution or other information or material to maxamoo.com, you grant Maxamoo the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings, or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Maxamoo feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Maxamoo.

You also warrant that any “moral rights” in posted materials have been waived.

Your Account If you create an account on Maxamoo, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Maxamoo reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Linked Sites
 You may be able to link to third parties’ websites (“Linked Sites”) from the Website. Linked Sites are not, however, reviewed, controlled, or examined by Maxamoo in any way and Maxamoo is not responsible for the content, availability, advertising, products, or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Maxamoo’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Maxamoo be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Maxamoo reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.

SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY, OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

Permission must be granted by us for any type of link to maxamoo.com. To seek our permission, you may write to Maxamoo. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our discretion at any time.

Contests, Promotions, Simulations, or Games 
From time to time, Maxamoo may offer as part of the Services, either on or through the Website, contests, sweepstakes, promotions, simulations or games (collectively, “Games”). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Maxamoo. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. Maxamoo, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release Maxamoo and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Game located on, or accessed through, the Services. Maxamoo is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.

Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Website, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Maxamoo is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game. All Registered Users who receive a prize through a Game are solely responsible for all federal, state and local taxes associated with the receipt of such Registered User’s prize.

Maxamoo reserves the right to cancel, terminate, or alter any Game or the rules thereof at any time without prior notification.

Intellectual Property Rights
 All materials contained in Services, apart from user generated Content or Contributions, are the copyrighted property of Maxamoo and its affiliates or licensors. As between Maxamoo and you, Maxamoo is the sole owner of all non-user generated Content and Contributions on the Services, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website, the Services, or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Services solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Parental Permission 
The Services are not intended to be a children’s site or a site for minors or individuals under the age of 13, therefore, some of the available information may concern certain topics that may not be appropriate for children/minors or individuals under the age of 13. By accepting these Terms and Conditions, you confirm that you are at least 13 years of age.

Editorial
 Maxamoo editors select Maxamoo’s editorial content. Our recommendations cannot be bought. We do not accept compensation or gifts in exchange for favorable coverage. We do accept complimentary tickets to attend arts and culture events and theater performances in order to make informed recommendations. Advertising and sponsored content on our Website and in our emails is identified as such by a prominent label or specific design. On occasion, we will send out “advertorial” e-mails on behalf of sponsors. You’ll recognize them from the subject line, which will indicate that the email is advertorial. Advertorial emails are paid for. When you sign up for Maxamoo you are agreeing not only to get our content delivered to you free, but also to occasionally receive one of these advertorial e-mails from our sponsors. If you would prefer not to get these e-mails, just unsubscribe from all editions of Maxamoo (unfortunately you won’t get any Maxamoo e-mails any more).

We would never sell our subscriber list to anyone.

Privacy Policy
 We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.

Disclaimer Of Warranties
 THE WEBSITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, MAXAMOO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEBSITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR UNDER ANY OTHER CAUSE OF ACTION. MAXAMOO DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
MAXAMOO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE. YOU (AND NOT MAXAMOO OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation Of Liability 
IN NO EVENT WILL MAXAMOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF MAXAMOO OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE; OR (iii) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF ONE HUNDRED U.S. DOLLARS ($100.00). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MAXAMOO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
 Upon a request by Maxamoo, you agree to defend, indemnify, and hold harmless Maxamoo, its affiliates, officers, directors, and employees from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Maxamoo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Maxamoo in asserting any available defense.

Copyrights And Copyright Agent
 We respect the intellectual property rights of others, and require that the people who use the Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your username, address, telephone number, and e-mail address; a description of the copyrighted work that you claim has been infringed; aA description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent 
(Contact only for copyright matters. For all other inquiries, please contact us at lindsay@maxamoo.com.)

Maxamoo Inc. c/o Lindsay Barenz 
128 West 10th Street, New York City, New York 10014.

Applicable Laws / Jurisdiction
 You agree that the laws of the State of New York excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Maxamoo or relating in any way to your use of the Website resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute and including any claim involving Maxamoo or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

We control and operate this Website from our offices in New York City, New York. We do not represent that materials on the Website are appropriate or available for use outside of New York City, New York. Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Any inquiries concerning these Terms and Conditions of use should be directed by email to us at lindsay@maxamoo.com.

Provisions Unenforceable or Invalid 
If any part of this agreement 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.

Assignment 
You shall not transfer, assign, sublicense, nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Maxamoo may transfer, assign, sublicense, or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. 
If you have any questions about this policy or our Website in general, please email us at lindsay@maxamoo.com.

Modification 
Maxamoo reserves the right, in its sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. Maxamoo may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While Maxamoo will timely provide notice of modifications, it is also your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes.

Entire Agreement and Severability
 These Terms and Conditions, along with our Privacy Policy and any other policies relating to the Website and the Services, are the entire agreement between Maxamoo and you with respect to the Services, including use of the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Maxamoo with respect to the Services. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Effective Date of Terms and Conditions: March 12, 2014.