Terms of Use

Website Terms of Use

1. Description of Site

MazzInk Communications through MazzInk.com (“MazzInk”) provides copywriting, editing, proofreading and content management services to customers as well as information on these topics to users on its website (“Site”), as well as the ability for website users to post comments (“Comments”). Unless explicitly stated otherwise, any modifications, updates, new features, or enhancements to the current Site are also subject to the Terms of Use (“TOU”).

2. Acceptance of Terms; Changes to TOU

MazzInk provides the Site to you subject to the following TOU, which may be updated by us from time to time in our sole discretion. Each time changes are made to the TOU, a revised TOU will be posted on the Site. Your continued use of the Site, or any part thereof, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by the TOU, you should discontinue your use of the Site.

3. License and Restrictions

3(a). Portfolio

The Portfolio includes samples of work that is copyrighted by owners other than MazzInk Communications. Because of this, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Portfolio, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of MazzInk and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Except as otherwise expressly permitted in this Agreement, you may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Portfolio.

3(b). Blog

MazzInk’s blog content is licensed under the Creative Commons Attribution-Share Alike License (see http://creativecommons.org/licenses/by-sa/3.0/ for details).

3(c). Other Restrictions

You may not use the Site or Comments in any manner that could damage, disable, overburden, or impair the Site (e.g., you may not access the Site or Comments in an automated manner by use of “spiders”, “robots” or otherwise), nor may you use the Site or Comments in any manner that could interfere with any other party’s use and enjoyment of the Site. You agree not to use the Comments for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.

The Site and Comments remain at all times the sole property of MazzInk, and their use is subject to the copyright notices that are found here. All rights not expressly granted to you by MazzInk under the TOU are retained by MazzInk.

4. MazzInk’s Privacy Policy

MazzInk protects your personally identifiable data as set forth in MazzInk’s privacy policy (the “Privacy Policy”). The Privacy Policy explains our collection and use of personally identifiable information. We encourage you to review our Privacy Policy before you use the Site.

5. Postings to the Site

The Site may permit you to post, submit, transmit, email, or otherwise make available questions, comments, or information (collectively, “Postings”.) You may only submit Postings that you created or that you have permission to submit and that do not violate copyright, trademark, or any other rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings to the Site, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known.

You may not upload, post, submit, email, transmit, or otherwise make available any Postings that (i) contain falsehoods or misrepresentations that could damage MazzInk or any third party; (ii) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) contain advertisements, solicitations of business or spam; (iv) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (v) collect or store personal information about others or otherwise invade their privacy; or (vi) impersonate another person or forge headers or use any other method to disguise the true origin of the Posting. Additionally, you may not submit any Postings that violate the TOU.

You acknowledge that MazzInk is not obligated to pre-screen content submitted by members, but that MazzInk shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via MazzInk by any user that violates the TOU or is otherwise objectionable.

MazzInk may, in appropriate circumstances and at its sole discretion, terminate your right to use the Site or Comments for any reason, including, but not limited to, if you are a repeat infringer.

6. Modifications to Comments or Postings

MazzInk reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Comments or Postings (or any part thereof) with or without notice. You agree that MazzInk shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

7. Dealings With Advertisers or Third Party Vendors

MazzInk may include advertisements on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Site, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that MazzInk shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Site.

8. Links; Co-Branding

The Site and Comments may provide, or third parties may provide, links to other World Wide Web sites. Additionally, in many cases, co-branded services that are jointly provided by us and selected companies will contain the Site’s branding, but might not be hosted by us. Because MazzInk has no control over such sites, you acknowledge and agree that MazzInk is not responsible for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You should not attribute any views or information on such sites to MazzInk. You further acknowledge and agree that MazzInk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You should follow the link to the terms of use on the appropriate page for such sites to determine which company’s terms of use governs such sites.

Anyone linking to the Site or Comments must comply with the following guidelines and all applicable laws: A site that links to MazzInk (i) may link to but not replicate any Service’s content; (ii) should not create a browser or border environment around the Site’s content; (iii) should not imply that MazzInk is endorsing it or its products; (iv) should not misrepresent its relationship with MazzInk; (v) should not present false information about MazzInk; (vi) should not use any MazzInk trademarks, trade names, or logos without permission from MazzInk; and (vii) should not contain content that is reasonably considered profanity, defamatory, vulgar, or otherwise unlawful.

9. DISCLAIMER

We do not independently verify the accuracy or reliability of the information on the Site or on Comments. Additionally, the information on the Site is provided on an “as is” and “as available” basis, without warranty of any kind. MazzInk specifically disclaims all warranties, express or implied, including, but not limited to, warranties of merchantable, fitness for a particular purpose, and non-infringement.

MazzInk makes no warranty that (i) the Site or Comments will meet your requirements; (ii) the provision of the Site or Comments will be uninterrupted, secure or error-free; (iii) the results that may be obtained from the use of the Site or Comments will be accurate or reliable; (iv) the quality of any products, services, software, information, or other material purchased or obtained by you through the use of the site will meet your expectations; or (v) any errors in the Site or Comments will be corrected. We do not guarantee the reliability, accuracy, completeness, safety, timeliness, legality, usefulness, adequacy, or suitability of any of the information on the Site or Comments. Information on the Site or Comments may be harmful, untimely, incomplete, or inaccurate and, accordingly, you agree to exercise caution, discretion, and common sense when using the Site or Comments. The entire risk for use of the Site and Comments is borne by you.

Some jurisdictions do not allow the disclaimer of implied warranties, so a portion of the foregoing may not apply to you, in which case the duration of any such implied warranties is limited to the minimum period permissible under applicable law.

10. LIMITATION OF LIABILITY

None of the Licensors, Contributors, Administrators, or anyone else connected with the Site or Comments in any way whatsoever can be responsible for the appearance of any inaccurate information or for your use of the information contained in or linked from the Site or Comments.

To the maximum extent permitted by applicable law, in no event will we, or our Licensors and Suppliers, be liable for any indirect, special, incidental, consequential or punitive damages arising out of the use of or inability to access the Site or Comments, including, without limitation, damages for loss of goodwill, work disruptions, computer failure or malfunction, and any or all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. Neither we nor our licensors are responsible for any liability arising out of the Site or Comments and/or any material linked through the Site or Comments. Under no circumstances will MazzInk’s or MazzInk’s licensors’ direct liability arising out of use of the services exceed the greater of (i) the amount you have paid MazzInk for such use or (ii) $10.00. Some jurisdictions do not permit some of the above limitations of liability, and therefore this may not apply to you.

11. Indemnification

You agree to indemnify and hold MazzInk, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys’ fees and costs of litigation, arising from (i) your Postings or other content you submit, post, transmit, email, or otherwise make available through the Site, (ii) your use of or reliance on the Site, (iii) your connection to the Site, (iv) your violation of the TOU, or (v) your violation of any rights of another party.

12. Choice of Law and Forum

The TOU and the relationship between you and MazzInk shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and MazzInk agree to submit to the personal and exclusive jurisdiction and forum convenience of the federal and state courts located in Boston, Massachusetts.

13. Severability; English Language

If any provision in the TOU should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOU if no such modification is possible, and the other provisions of the TOU shall remain in full force and effect. The controlling language of the TOU is English. If you have received a translation into another language, it has been provided for your convenience only.

14. Headings

The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.

15. Location Outside the United States

If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Site and Comments, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the TOU enforceable.

16. Entire Agreement

The TOU constitute the entire agreement between you and MazzInk and govern your use of the Site and Comments, superseding any prior agreements between you and MazzInk.