1. General Conditions
1.1. The use of makados.org's products, software, services and web sites (collectively referred to as the "Services"
herein and excluding any services provided to you by makados.org under a separate written agreement) is subject to the
terms of a legal agreement between you and makados.org.
1.2. Unless otherwise agreed in writing, your agreement with makados.org will always include, at a minimum, the terms and
conditions set out in this document. These are hereinafter referred to as the "General Terms".
1.3. This Agreement shall also include the terms of any Legal Notices applicable to the Services, in addition to the
General Terms. All of these are hereinafter referred to as the "Additional Terms".
1.3.1. Where Additional Terms apply to a Service, these will be accessible to read either within, or through your use
of, that Service.
1.3.2. In the event and to the extent only of any contradiction between the Additional Terms and the General Terms, the
Additional Terms shall prevail in relation to that Service.
1.4. The General Terms, together with the Additional Terms, form a legally binding agreement between you and makados.org
in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively,
this legal agreement is referred to below as the "Terms".
2. Accepting the Terms
2.1. In order to use the Services, it is obligatory to agree to the Terms beforehand. It is prohibited to use the
Services if you do not accept the Terms.
2.2. The Terms can be accepted either by clicking to accept or agree to the Terms, where this option is made available
by makados.org in the user interface for any Service, or by actually using the Services.
2.3. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract
with makados.org, or you are a person barred from receiving the Services under the laws of the country in which you are
resident or from which you use the Services.
3. Provision of the Services
3.1. makados.org has not currently set a fixed upper limit on the amount of storage space used for the provision of
Services; anyhow makados.org is entitled to impose any such limits at any time, at its sole discretion.
3.2. makados.org may stop (permanently or temporarily) providing the Services (or any features within the Services) to
you or to users generally at its sole discretion, without any prior notice. You may stop using the Services at any time.
You do not need to specifically inform makados.org in this case.
3.3. You hereby acknowledge and agree that if makados.org disables access to your account for any reason whatsoever, you
may be prevented (permanently or temporarily) from accessing the Services, your account details or any files or other
content which is contained in your account.
3.4. makados.org is constantly innovating in order to provide the best possible experience for its users; therefore the
form and nature of the Services makados.org provides might be changing without any prior notice.
4. Use of the Services
4.1. In order to access certain Services, you may be required to provide information about yourself (such as
identification or contact details) as part of the registration process for the Service, or as part of your continued use
of the Services. You hereby agree that any registration information you give to makados.org will always be accurate,
correct and up to date.
4.2. You hereby agree to use the Services only for purposes that are permitted by the Terms and any applicable law,
regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.3. You hereby agree not to access (or attempt to access) any of the Services by any means other than through the
interface that is provided by makados.org, unless you have been specifically allowed to do so in a separate agreement
with makados.org.
4.4. You hereby agree that you will not engage in any activity that interferes with or disrupts the Services (or the
servers and networks which are connected to the Services).
4.5. Unless you have been specifically permitted to do so in a separate agreement with makados.org, you hereby agree that
you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6. You hereby agree that you are solely responsible for (and that makados.org has no responsibility to you or to any
third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage
which makados.org may suffer) of any such breach.
5. Passwords and Account Security
5.1. You hereby agree and understand that you are responsible for maintaining the confidentiality of passwords
associated with any account you use to access the Services.
5.2. You hereby agree that you will be solely responsible to makados.org for all activities that occur under your
account.
6. Privacy and Personal Information
6.1. You hereby agree to the use of your personal data in accordance to the makados.org Privacy Policy.
6.2. makados.org Privacy Policy explains how makados.org treats personal information and protects privacy, during the
usage of the Services. Please read it at http://www.makados.org/policy.htm
7. Content in the Services
7.1. All information (such as data files, written text, computer software, music, audio files or other sounds,
photographs, videos or other images) which you may have access to as part of, or through the use of, the Services are
the sole responsibility of the originator. All such information is hereinafter referred to as the "Content".
7.2. Be aware that Content presented to you as part of the Services, including but not limited to advertisements in the
Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by
the sponsors or advertisers who provide that Content to makados.org (or by other persons or companies on their behalf).
You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in
whole or in part) unless you have received explicit consent to do so from makados.org of from the owners of that Content,
in a separate agreement.
7.3. makados.org reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or
remove any or all Content from any Service.
7.4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or
objectionable and that, in this respect, you use the Services at your own risk.
7.5. You hereby agree that you are solely responsible for (and that makados.org has no responsibility to you or to any
third party for) any Content that you create, transmit or display while using the Services and for the consequences of
your actions.
8. Proprietary rights
8.1. You hereby acknowledge and agree that makados.org own all legal right, title and interest in and to the Services,
including any intellectual property rights which subsist in the Services (whether those rights happen to be registered
or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain
information which is designated confidential by makados.org and that you shall not disclose such information without
prior written consent from makados.org.
8.2. Unless otherwise is agreed in writing, nothing in the Terms gives you a right to use any of trade names, trade
marks, service marks, logos, domain names, and other distinctive brand features that belong to makados.org.
8.3. Other than the limited license set forth in Section 10, makados.org hereby acknowledges and agrees that it obtains
no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post,
transmit or display on, or through, the Services, including any intellectual property rights which subsist in that
Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless
you have agreed otherwise in writing with makados.org, you hereby agree that you are responsible for protecting and
enforcing those rights and that makados.org has no obligation to do so on your behalf.
8.4. You hereby agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright
and trade mark notices) which may be affixed to or contained within the Services.
8.5. Unless you have been expressly authorised to do so in writing by makados.org, you hereby agree that in using the
Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that
is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
9. Licence from makados.org
9.1. makados.org gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the
software provided to you by makados.org as part of the Services (hereinafter referred to as the "Software"). This licence
is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by makados.org, in the
manner permitted by the Terms.
9.2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer,
decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly
permitted or required by law, or unless you have been specifically told that you may do so by makados.org, in writing.
9.3. Unless makados.org has given you specific written consent, you may not assign (or grant a sub-licence of) your
rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer
any part of your rights to use the Software.
10. Content Licence from You
10.1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or
through, the Services. By submitting, posting or displaying the content you give makados.org a perpetual, irrevocable,
worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform,
publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence
is for the sole purpose of enabling makados.org to display, distribute and promote the Services and may be revoked for
certain Services as defined in the Additional Terms of those Services.
10.2. You agree that this licence includes a right for makados.org to make such Content available to other companies,
organisations or individuals with whom makados.org has relationships for the provision of syndicated services, and to use
such Content in connection with the provision of those services.
10.3. You understand that makados.org, in performing the required technical steps to provide the Services to our users,
may transmit or distribute your Content over various public networks and in various media; and make such changes to your
Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks,
devices, services or media. You hereby agree that this licence shall permit makados.org to take these actions.
10.4. You confirm and warrant to makados.org that you have all the rights, power and authority necessary to grant the
above licence.
11. Software Updates
11.1. The Software which you use may automatically download and install updates from time to time from makados.org. These
updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions.
11.2. You hereby agree to receive such updates (and permit makados.org to deliver these to you) as part of your use of
the Services.
12. Ending your Relationship with makados.org
12.1. The Terms will continue to apply until terminated by either you or makados.org as set out below.
12.2. If you want to terminate your legal agreement with makados.org, you may do so by closing your accounts for all of
the Services which you use, where such option is available to you, or by notifying makados.org at any time. Your notice
should be sent, in writing, to the address which is set out in the introductory paragraph of these Terms.
12.3. makados.org may at any time terminate its legal agreement with you if:
12.3.1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend
to, or are unable to comply with the provisions of the Terms);
12.3.2. makados.org is required to do so by law;
12.3.3. makados.org is transitioning to no longer providing the Services to users in the country in which you are
resident or from which you use the service;
12.3.4. the provision of the Services to you by makados.org is, in its opinion, no longer commercially viable.
12.4. Nothing in this Section shall affect the rights of makados.org regarding provision of Services under Section 3 of
the Terms.
12.5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and makados.org have
benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.8 shall
continue to apply to such rights, obligations and liabilities indefinitely.
13. Exclusion of Warranties
13.1. The Services are provided "as is" and makados.org, its Subsidiaries and Affiliates, and its licensors give you no
warranty with respect to them.
13.2. In particular, makados.org, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:
13.2.1. your use of the Services will meet your requirements;
13.2.2. your use of the Services will be uninterrupted, timely, secure or free from error;
13.2.3. any information obtained by you as a result of your use of the Services will be accurate or reliable;
13.2.4. any defects in the operation or functionality of any Software provided to you as part of the Services will be
corrected.
13.3. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for
purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in
the Terms.
13.4. Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that
you cannot contractually agree to alter or waive.
14. Limitation of Liability
14.1. Nothing in these Terms shall exclude or limit the liability of makados.org for losses which may not be lawfully
excluded or limited by applicable law.
14.2. Subject to overall provision in paragraph 14.1 above, makados.org, its Subsidiaries and Affiliates, and its
licensors shall not be liable to you for:
14.2.1. any indirect or consequential losses which may be incurred by you (this shall include any loss of profit
(whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by
you);
14.2.2. any loss or damage which may be incurred by you as a result of:
14.2.2.1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of
any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
14.2.2.2. any changes which makados.org may make to the Services, or for any permanent or temporary cessation in the
provision of the Services (or any features within the Services);
14.2.2.3. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or
transmitted by or through your use of the Services;
14.2.2.4. your failure to provide makados.org with accurate account information;
14.2.2.5. your failure to keep your password or account details secure and confidential.
14.3. The limitations on liability set out in paragraph 14.2 above shall apply whether or not makados.org has been
advised of or should have been aware of the possibility of any such losses arising.
15. Advertisements
15.1. makados.org reserves the right to display advertisements and promotions targeted to the content of information
stored on the Services. In such case, the process of targeting these advertisements will be completely automatic, and no
human will read the content of your instant messages or other information in order to display relevant ads.
15.2. In consideration for makados.org granting you access to and use of the Services, you agree that makados.org may
place such advertising on the Services.
16. Other Content
16.1. The Services may include hyperlinks to other web sites or content or resources. makados.org may have no control
over any web sites or resources which are provided by companies or persons other than makados.org.
16.2. You hereby acknowledge and agree that makados.org is not responsible for the availability of any such external
sites or resources, and does not endorse any advertising, products or other materials on or available from such web
sites or resources.
16.3. You acknowledge and agree that makados.org is not liable for any loss or damage which may be incurred by you as a
result of the availability of those external sites or resources, or as a result of any reliance placed by you on the
completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web
sites or resources.
17. Changes to the Terms
17.1. makados.org may make changes to the Universal Terms or Additional Terms from time to time. When these changes are
made, makados.org will make a new copy of the Universal Terms available at http://www.makados.org.com/terms.htm and any
new Additional Terms will be made available to you from within, or through, the affected Services.
17.2. You hereby agree that if you use the Services after the date on which the Universal Terms or Additional Terms have
changed, makados.org will treat your use as acceptance of the updated Universal Terms or Additional Terms.
18. General Legal Terms
18.1. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service
or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these
other services, software or goods may be subject to separate terms between you and the company or person concerned. If
so, the Terms do not affect your legal relationship with these other companies or individuals.
18.2. The Terms constitute the whole legal agreement between you and makados.org and govern your use of the Services (but
excluding any services which makados.org may provide to you under a separate written agreement), and completely replace
any prior agreements between you and makados.org in relation to the Services.
18.3. You hereby agree that makados.org may (but is not obliged to) provide you with notices, including those regarding
changes to the Terms, by e-mail, regular mail, or postings on the Services.
18.4. You agree that if makados.org does not exercise or enforce any legal right or remedy which is contained in the
Terms (or which makados.org has the benefit of under any applicable law), this shall not be taken to be a formal waiver
of any such rights or remedies and that they will still be available to makados.org.
18.5. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in
full force and effect as if this Agreement had been executed with the invalid illegal or unenforceable provision
eliminated.
18.6. You hereby acknowledge and agree that each member of the group of companies of which makados.org is the parent
shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and
rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no
other person or company shall be third party beneficiaries to the Terms.
18.7. Where makados.org has provided a translation of the English language version of the Terms, this translation is
agreed to be provided for convenience purposes only; English language versions of the Terms will govern any relationship
with makados.org. In the event of any contradiction between the English language version of the Terms and a translation,
the English language version shall prevail.
18.8. The Terms, and your relationship with makados.org under the Terms, shall be governed by laws of the State of
California. You and makados.org agree to submit to the exclusive jurisdiction of the courts of laws of the State of
California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that makados.org shall
still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.