Extend your product assortment with any of our 350+ customizable products. Liberate your creativity and that of your visitors by allowing them to customize products right there in your shop!
We manufacture your creations using the latest digital on-demand manufacturing techniques so you can offer endless designs options without the burden of inventory or pre-ordering.
Once you have an order, we take care of everything! We do the manufacturing, packing and shipping. We will also let you know what’s going on each step of the way.
Dabble integrates seamlessly with the leading e-commerce shops and will start making you money the moment you sign up! We seamlessly with the leading e-commerce shops and will start making you money the moment you sign up!
We are committed to protecting your privacy and ensuring that all customer information be kept strictly confidential. MashON, Inc. administers and manages this website and/or application therein.
This Privacy Policy is incorporated into and is subject to the MashON Terms of Use. Your use of the Website and any personal information you provide on or through the use of the Website remains subject to the terms of this Privacy Policy and the Terms of Use.
Please note that all content saved and published by or at the direction of Users onto the Website becomes published content and is not considered personally identifiable information subject to this Privacy Policy.
Information MashON Collects
User Provided Information:
You provide certain personally identifiable information (such as your name and email address) to MashON when creating an account or choosing to participate in various activities on the Website, such as posting comments on the blog, creating custom product designs, uploading, storing or publishing photos, images, or other content, entering contests or sweepstakes, participating in promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
MashON collects and stores information required to conduct business transactions requested by our customers (such as the purchase of any items for sale on the Website) and to properly conduct communications with our customers. Such information may include personally identifiable information. Personally identifiable information is information that tells us specifics about you, such as your name, address, IP address, e-mail address, phone number, credit card number, bank account number and other similar information. Except as provided below, MashON will not divulge personally identifiable information about you to any third party, unless you give us express consent to do so. MashON may share non-identifying aggregated demographic information with our affiliates, partners and advertisers.
Cookies Information: When you visit the Website, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. MashON uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Website may not function properly if the ability to accept cookies is disabled. MashON may use cookies information to contact Users.
Google Analytics: This Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help us analyze how users use the Website. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Website. By using the Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Log File Information: When you use the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
The Way MashON Uses Information
If you submit personally identifiable information to us through the Website, then we use this information to operate, maintain, and provide to you the features and functionality of the Website.
Any personally identifiable information including, without limitation, any text, image, photo, drawing, video or other content that you voluntarily save and publish online (each a “User Submission”) on the Website becomes publicly available and can be collected and used by others. Any User Submissions that you submit to the Website may be redistributed through the internet and other media channels, and may be viewed by the general public.
We may use your email address or other personally identifiable information to send commercial or marketing messages. We may use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes). We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
We use cookies, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
If you are using the Website to purchase any goods or services, MashON may need for you to provide us with certain financial information so that MashON may effect the payment transaction. As part of our payment system, MashON or third parties performing sales processing services on our behalf, will collect, store and use non-public personally identifiable information, such as your name, address, credit card number, bank routing number and bank account number, your account number with us and your e-mail address. In addition, the payment system will also collect information regarding the actual bill payment transaction, including the date and amount paid. MashON will store and protect this information in the same manner that MashON stores and protects other personal information.
When MashON Discloses Information
We provide personally identifiable information and non-personally-identifiable information to [our subsidiaries, affiliated companies, or] other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with this Privacy Policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
We share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use as part of a specific program or feature available through the Website. These third parties are either bound to comply with our privacy policy or have privacy policies that protect your information and are also subject to applicable laws in regard to the use and disclosure of such personally identifiable information.
We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, demographic data, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.
We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law) or respond to a court order, subpoena, or search warrant.
MashON also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that MashON believes, in good faith, is appropriate or necessary to enforce the Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Website, and to protect the rights, property, or personal safety of MashON, its employees, Users or others.
You hereby grant MashON and its representatives the right to access your account and records as necessary to investigate any use of the Website or Services including, but not limited to, copyright infringement, abuse, and/or harassment.
Your Choices
You may, of course, decline to submit personally identifiable information through the Website, in which case MashON may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. Please note that files uploaded by Users to the Website cannot be removed and remain subject to the Terms of Use.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections to your personal profile information. You are responsible for maintaining the secrecy of your unique password and account information at all times
Our Commitment To Data Security
MashON will use commercially reasonable physical, electronic and procedural safeguards to protect the security, integrity and privacy of information under our control. These security measures include IP address validation, SSL (secure socket layer) encryption and password protection. Although MashON will exercise reasonable care in providing secure transmission of information between your computer and our servers, due to the inherent insecurity of the Internet, MashON cannot ensure or warrant the security, integrity or privacy of any information or data transmitted to us over the Internet and MashON accepts no liability for any breach of security or any unintentional disclosure, loss or misuse of any such information or data or for the actions of any third parties that may obtain any such information or data.
If MashON learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. MashON may post a notice on the Website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Children’s Privacy
The Website is a general audience website and no portion of the Website is directed to children under the age of 13. We do not collect personal identifying information from any person we actually know is a child under the age of 13.
Special Note to Users Outside of the United States
The Website is hosted in the United States and is intended for and directed to Users in the United States. If you are a User accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, this Privacy Policy, and our Terms of Use you are transferring your personal information to the United States and you hereby consent to the transfer of such information outside of the country where you are located.
In the Event of Merger, Sale, or Bankruptcy
In the event that MashON is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of MashON’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and Updates to this Privacy Policy
This Privacy Policy may be revised periodically and this will be reflected by the date above. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received the personal information you provided. Your continued use of the Website constitutes your agreement to this Privacy Policy and any future revisions.
Dispute Resolution
You agree that, in the event any dispute or claim arises out of or relating to your use of the Website, you and MashON will attempt in good faith to negotiate a written resolution of the matter. You agree that if the matter remains unresolved after a good faith attempt to resolve the dispute, you and MashON shall join in mediation services in Los Angeles, California with a mutually agreed upon mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.
Contact Information
If you have any questions about this Privacy Policy, please contact us at:
11150 W. Olympic Blvd, Suite 830
Los Angeles, CA 90064
Telephone No.: 310-943-8600
Or by email at: legal@mashon.com
Welcome to the MashOn.com website (the “Website”). These Terms of Use (these “Terms”) set forth a binding agreement between you and MashOn, Inc. (the “Company”) governing your use of the content, software, products and services offered through the Website (collectively, the "Services"). Your use of any Services signifies that you agree to these Terms and constitutes your binding acceptance of these Terms, including any modifications that the Company makes from time to time.
Changes to Terms
The Company reserves the right to modify and update these Terms at any time with or without notice to you . You can review the most current version of these Terms by clicking on the “Terms of Use” link located on the Website. If you do not agree to these Terms or any changes or updates, your only remedy is to not use the Services. Your continued use of any Services after any changes or updates have been made to these Terms will constitute your acceptance of such changes and/or updates.
Violation of Terms
If you violate any of these Terms, the Company may or may not issue you a warning about the violation, or the Company may choose to immediately terminate or suspend any or all of your Accounts (defined below). You acknowledge that the Company is not required to provide you with notice before terminating or suspending your Account.
Refusal of Service
The Company, in its sole discretion, reserves the right to refuse to provide you or any other user of the Website access to the Services, without notice, for any or no reason.
Use of Software
In order for you to use the Services, the Company may make software available for you to use. Any software that is made available through the Services ("Software") is the copyrighted work of the Company and/or its licensors. For any Software made available through the Website, the Company hereby grants to you, subject to your compliance with all of these Terms, a personal, non-exclusive, non-transferable, revocable, limited license to operate the Software solely for viewing and otherwise using the applicable Services in accordance with these Terms and any additional applicable terms of use or code of conduct, and for no other purpose. You agree that you will keep intact all copyright and other proprietary notices associated with such Software. The Company and/or its licensors retain exclusive ownership of the Software and any and all associated intellectual property and proprietary rights recognized anywhere in the world. The Software is protected by law including, without limitation, copyright laws of the United States and other countries and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are received by the Company and its third party licensors. You acknowledge and agree that you may not sublicense, assign or otherwise transfer any rights granted to you pursuant to these Terms. You may not modify, alter, adapt, remove proprietary notices in, or create any derivative works of any Software, reverse engineer, decompile or disassemble any Software nor authorize or assist any third party to do any of the foregoing. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Software Warranty and Warranty Disclaimer
THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.
Your Account
Use of the Website and/or Services and membership in the Website is void where prohibited, and limited to those who satisfy the following conditions of membership: (i) you are at least thirteen (13) years old; (ii) your registration information is true and accurate; (iii) you agree to these Terms; (iv) you agree to the Privacy Policy; (vi) your use of the Website does not violate any applicable laws or regulations. In order to use certain Services you may be required to register with the Website and create a personal account (“Account”). Notwithstanding anything herein to the contrary, you acknowledge and agree that you shall have no ownership or other property interest in any Account created by you, and you further acknowledge and agree that all rights in and to the Account are and shall be owned solely and exclusively by the Company. In order to create an Account, you must complete the registration process. You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse you from any and all current and future use of the Services (or any portion thereof). If you elect to purchase any of the Services requiring payment of a fee, you warrant that all registration information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all fees corresponding to such Services, plus all applicable taxes. The use of any information that you provide to us in connection with creating an Account is subject to our Privacy Policy. When creating an Account, you may be asked to choose a password and a user name. You may not use a user name that is used by someone else, is vulgar or otherwise offensive (as determined by the Company in its sole discretion), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms. You are entirely responsible for maintaining the confidentiality and security of your Account information (including user/account names and passwords and billing information). Furthermore, you are solely responsible for any and all activities that occur in connection with your Account and for maintaining the confidentiality of any password obtained or chosen by you or on your behalf. You agree not to allow any other person to use your password. You agree to notify the Company immediately of any unauthorized use of your Account or any breach of security (and to provide documented evidence as reasonably requested by the Company) and to completely exit from your Account at the end of each session. The Company will not be liable for any loss or damage that you may suffer as a result of someone else using your Account, either with or without your knowledge. You will be liable for any and all losses incurred by the Company and/or any of its licensors and any and all charges due to someone else using your Account, even if such use is unauthorized. You may not use any account created by another user of the Website. Your Account is personal to you and you may not transfer or make your Account available to others. Any distribution by you of your Account or related information may result in cancellation of your Account without refund.
Your Responsibilities
You agree that you may not access or use the Services to: 1. conduct surveys, contests, or pyramid schemes or to send chain letters, junk email or any other form of solicitation; 2. distribute spam or any duplicative or unsolicited messages (commercial or otherwise); 3. defame, abuse, harass, stalk, threaten or otherwise violate the rights (including, without limitation, rights of privacy and publicity) of others; 4. publish, post, upload, transmit, distribute or disseminate any information, data, text, software, music, sound, photographs, graphics, images, video, messages, tags or other material (collectively, “Content”) that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, profane, obscene, embarrassing, unwanted, invasive of another's right of privacy or publicity, or, in a reasonable person's view, otherwise offensive or objectionable or that promotes, facilitates or constitutes hate speech; 5. use, upload, transmit, distribute or otherwise make available any Content, in any manner that infringes or misappropriates any copyright, trademark, patent, trade secret, or other right of any party; 6. upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs designed to disrupt, interrupt, limit or disable any of the functionality of the Software or any hardware or telecommunications equipment or the operation of the Services or other users' computers; 7. advertise or offer to sell or buy any goods or services for any purpose, unless the Services or the Company expressly permits such messages; 8. falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Software or other Content; 9. restrict or inhibit any other user of the Services from using and enjoying the Services; 10. violate any Software license agreement (including, without limitation, any code of conduct or other terms of use/service or guidelines) which may be applicable to any of the Services; 11. copy, frame or mirror any part of the Website, attempt to harvest (in an automated manner or otherwise) or collect any information about others, including e-mail addresses, or use such information to send unsolicited emails, or use any type of bot or spider designed to provide a means of surreptitious or unauthorized access to the Website; 12. violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or using or distributing cheats or hacks for the Services or the Software. 13. impersonate or create a false identity (such as identifying yourself as a celebrity or a representative of the Company) or otherwise misrepresent your affiliation with a person or any entity; 14. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of any of the Services; 15. attempt to obtain a password, Account information, or other private information from a user of any of the Services; 16. use the Website, Services or Software to resell or make any commercial use of the Website, Services or Software, or otherwise use the same for any commercial purpose or for the benefit of any third party, without the prior written consent of the Company; 17. attempt to hack the Website, or to defeat or overcome any encryption technology or security measures implemented by the Company with respect any of the Services and/or data transmitted, processed or stored by the Company; or 18. interfere with or disrupt any of the Services or any servers or networks connected to or operated with any of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with any of the Services.
No Duty to Monitor User Submissions
You agree that the Company is not liable for any text, image, photo, drawing, video or other Content that you or another user of the Website saves on, or publishes through the Website. (each a “User Submission”). The Company has the right to refuse, post, remove, or edit any User Submissions, but you acknowledge that the Company has no duty to pre-screen any User Submissions. The Company reserves the right to remove Content for any reason, but is not responsible for any failure or delay in removing such material.
Company Fee-Based Services
Some of the Services require you to pay a fee. If you are required to pay a fee, the specific terms and conditions associated with such Service will be included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. Dollars. The Company may at any time, upon notice if required by applicable laws, change the amount of, or basis for determining, any fee or charge, or, institute new fees or charges. All fees and charges are payable in accordance with the payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees or Services rendered by or paid to the Company, your Account or Accounts may be terminated without warning or notice at the sole discretion of the Company. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. The Company may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Website.
International Use
The Company makes no representation that the Services available on the Website are appropriate or available for use in locations outside of the United States. Accessing the Website from territories where any of the Services is illegal is prohibited. If you choose to access any of the Services from locations outside of the United States, you do so on your initiative, and at your own risk, and you acknowledge and agree that you are responsible for full compliance with local laws if and to the extent local laws are applicable.
Copyright Infringement
The Company respects the intellectual property rights of others and we ask our users to do the same. If you believe any content on the Website infringes your intellectual property rights, please notify the Company’s designated agent at the following address, fax number or email address:
MashON, Inc.
Attn: Legal Department
5800 Hannum Avenue, Suite 105, Culver City, CA 90230 USA
legal@mashon.com
In your correspondence, you must include the following information: (i) your name, (ii) identification of the work claimed to have been infringed, including any relevant registration numbers, (iii) identification of the material on the Website that is claimed to be infringing or to be the subject of infringing activity, (iv) your contact information, (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law, (vi) a statement that the information you are submitting to the Company is accurate, and under penalty of perjury, you are authorized to act on behalf of the rights owner and (vii) your signature.
Warranty Disclaimers
THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE OR ANY CONTENT, SERVICES OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE, RELIABLE, UNINTERRUPTED OR AVAILABLE AT ALL TIMES, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE OR ANY OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE, THE SERVICES AND ALL CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD OR ACCESS FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY THIRD PARTY WEBSITES ACCESSIBLE FROM THE WEBSITE. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY OF THE SERVICES OR ANY CONTENT IS TO STOP USING THE WEBSITE, SUCH SERVICES AND/OR ANY SUCH CONTENT. THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. You acknowledge that the entire risk arising out of the use or performance of the Website or any of the Services remains with you to the maximum extent permitted by law. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, OR RELIANCE UPON THE WEBSITE OR ANY OF THE SERVICES OR FOR THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. THESE EXCLUSIONS APPY TO ANY AND ALL CLAIMS FOR LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER DAMAGES OR LOSSES, EVEN IF THE COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THESE TERMS WITHOUT WHICH THE COMPANY WOULD NOT BE ABLE TO OFFER YOU THE SERVICES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion of incidental or consequential damages or the limitation of liability, so the above exclusions and limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold the Company and its employees, contractors, officers, directors and agents harmless from and against any and all liabilities, losses, damages, judgments, settlements, penalties, fines, claims, costs and expenses (including, without limitation, attorney’s fees and costs) that arise from (i) your use or misuse of the Website or any of the Services, (ii) your breach of these Terms or (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Website or any of the Services.
Governing Law
The laws of the State of California will govern these Terms, without giving effect to any principles of conflicts of laws. You agree that, in the event any dispute or claim arises out of or relating to your use of the Website or the Services, that you and the Company will attempt in good faith to negotiate a written resolution of the matter. You agree that if the matter remains unresolved after a good faith attempt to resolve the dispute, you and the Company shall join in mediation services in Los Angeles, California with a mutually agreed upon mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.
Arbitration
You and the Company agree that, except as otherwise provided below, all disputes, controversies and claims related to these Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under these Terms. In the event of a conflict between these Terms set forth and the JAMS Rules, these Terms will control. Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and the Company will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. You and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. If you are a consumer, the arbitration will take place in your hometown area if you so notify the Company in your notice of arbitration or within ten (10) days following receipt of the Company’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, or if you are not a consumer, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances. You and the Company agree that any arbitration shall be limited to the Claim between the Company and you individually. YOU AND THE COMPANY AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. You and the Company agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or the Company intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND THE COMPANY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You hereby acknowledge that you have read and understand the foregoing Terms and agree that by registering to create an Account, using any of the Services or installing or using any of the Software that you are acknowledging your agreement to be bound by these Terms.
Severability and Integration
These Terms and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between you and the Company and supersede any and all previous written or oral agreements. If any part of these Terms 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. If you have any questions about these Terms or your rights or the Company’s obligations relating to any of the Services, please email us at busdev@mashon.com or you may contact us by mail at: MashOn, Inc. 11150 W. Olympic Blvd., Suite 830 Los Angeles, CA 90064; Telephone number 310.943.8600
California Residents
If you are unable to resolve a complaint you may have regarding the services provided through the Website, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
