The effective date is July 17, 2019
The following are the legally binding terms and conditions between each user (“you” or “your”) and METCHA ( “we,” “us,” “our” or “ours”) and govern the use of metcha.com and the content, features, services, social media channels and applications offered by METCHA (collectively “Service”). If you do not agree to any of these terms and conditions, please do not use the Service.
METCHA’s Proprietary Rights
All materials that are included in, made available on or are otherwise a part of the Service (“METCHA Content”), including without limitation any and all articles, texts, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork, logos, trademarks of the Service, are owned or licensed by METCHA or its affiliates or subsidiaries. The METCHA Content is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and laws.
Your License To Use METCHA Content Available On Our Sites
METCHA Content Disclaimers
The METCHA Content on our Service is provided for general informational purposes only. Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service is accurate, complete or up-to-date. No assurance is given that the information contained on the Services will always include the most recent findings or developments with respect to the particular material. We do not recommend or endorse any specific products, services, opinions, or other information that may appear on the Service.
By using the Service, you may be exposed to content from other users, as well as material posted, uploaded, made available, shared or transmitted to or through the Service by us, that you may find offensive or otherwise objectionable. The views expressed by other users on our Service do not represent our views or values. Under no circumstances will we be liable or responsible in any way to any third party, for the content or accuracy of any content posted by you or any other user of our Service.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY METCHA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
In connection with your use of the Services, you acknowledge and agree that you will not:
- Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any METCHA Content or information, software, products or services obtained through the Service;
- Manipulate, modify or edit the METCHA Content or the Service or display the Services by using framing or similar navigational technology;
- Use the Services in any manner that could damage, disable, overburden or impair METCHA's servers or networks, or interfere with any other user's use or access to the Service
- Obtain unauthorized access to the Service, the server on which our Service is stored or any server, computer or database connected to the Service or harvest or otherwise collect information about other users without their consent
In addition, you agree to comply with our Posting Guidelines below.
Special Promotion Terms
Links To The Service
We reserve the right to revoke any link to any page of the Service or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
Third Party Links
We may provide on or through the Service, links to third party sites, such as other websites or resources. These third party sites are operated by parties who are separate from METCHA's. We have no control over such third party sites, we are not responsible for the availability of such third party sites and we do not endorse such third party sites. We are not responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such third party sites. You access these links at your own risk, regardless of whether or not we receive compensation, commission or share of revenues generated by purchases via such links.
Service Modification, Suspension Or Termination
We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. Access to our Service is permitted on a temporary basis. We reserve the right at any time and from time to time to withdraw, modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service for any period.
Disclaimer Of Warranties
THIS SERVICE IS AVAILABLE “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU USE THE SERVICE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, METCHA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY WITH RESPECT TO THIS SERVICE OR ANY INFORMATION AVAILABLE THROUGH THE SERVICE. WE DO NOT WARRANT THAT THIS SERVICE WILL BE SEURE OR FREE FROM BUGS OR VIRUSES OR BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE;
Limitation Of Liability
METCHA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
Designated Agent For Copyright Infringement Claim
If you have a good faith belief that your copyright is being infringed by any content on the Service, please send a notice that includes information listed below (the “Notice of Claimed Infringement”) to our Designated Copyright Agent at firstname.lastname@example.org
Notice of Claimed Infringement must include at a minimum the following information:
- a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification about where the material that is claimed to be infringing is found on the Service reasonably sufficient to permit METCHA to locate such material;
- information reasonably sufficient to permit METCHA to contact you, such as an address, telephone number, and email address at which the you may be contacted;
If you believe that any material has been removed as a result of such mistake of misidentification, send a notice to our Designated Copyright Agent that includes the following information:
- your physical or electronic signature;
- an identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which METCHA may be found and that you will accept service of process from the party who provided the Notice of Claimed Infringement or an agent of such party.
We do not represent that content and materials available on or through our Service is appropriate or available in your country. Those who choose to access the sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We may limit the availability of our Service or any service or product described on our Service to any person or geographic area at any time.
- We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Updates To These Terms