Terms of Service
Effective as from 12 October 2012.
1. Acceptance of the Terms of Service
2. Changes to the Terms of Service and the Website
Mechation Studio Inc reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on Mechation Studio Inc, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website,Security and Privacy
4. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of Mechation Studio Inc is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
5. Terms and Termination
This Agreement will become effective in relation to you when you create a smartogether account or when you start using the Mechation Studio Inc Service and will remain effective until terminated by you or Mechation Studio Inc. Mechation Studio Inc reserves the right to terminate this Agreement or suspend your smartogether account at any time in case of unauthorized, or suspected unauthorized use of the Mechation Studio Inc Service whether in contravention of this Agreement or otherwise. If Mechation Studio Inc terminates this Agreement, or suspends your smartogether account for any of the reasons set out in this section, Mechation Studio Inc shall have no liability or responsibility to you, and Mechation Studio Inc.
6. Intellectual property
Mechation Studio Inc respects intellectual property rights, and expects you to do the same. The Mechation Studio Inc Service and the content provided through the Mechation Studio IncService is the property of Mechation Studio Inc or Mechation Studio Inc‘s licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the Mechation Studio Inc Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the Mechation Studio Inc Service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Mechation Studio Inc Service.
7. Technology limitations and modifications
Mechation Studio Inc will make reasonable efforts to keep the Mechation Studio Inc Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Mechation Studio Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Mechation Studio Inc Service with or without notice.
Mechation Studio Inc may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
9. Entire agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
11. Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law
i. You and Mechation Studio Inc agree that any dispute, claim or controversy arising out of or relating in any way to the Mechation Studio Inc Service or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Mechation Studio Inc are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by this Agreement, and as administered by the AAA. ii. You and Mechation Studio Inc agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Mechation Studio Inc Service are NOT subject to mandatory arbitration. Instead, you and Mechation Studio Inc agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Baltimore, Maryland, and that applicable Maryland and/or Federal law shall govern, without regarding to choice of law principals. iii. YOU AND MECHATION STUDIO INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Any arbitration costs or fees deemed “excessive” will be paid by Mechation Studio Inc. v. You and Mechation Studio Inc agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and Mechation Studio Inc further agree that applicable laws of the State of Maryland shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Baltimore, Maryland.
12. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
Copyright © 2012 Mechation Studio Inc and its affiliates. All rights reserved.