Last Revised: February 22, 2016
1. Scope and Purpose
1.1. Scope and Intent
When you use Malakye's services and apps you are entering into a legal agreement and you agree to all of these terms.
Malakye’s purpose is to connect professionals and companies in lifestyle-driven industries. To achieve our mission, we make the Services available to help people and companies connect, meet, find employment, offer employment, make deals, share information, exchange ideas, read content, and more. We do this through a wide variety of web-based services and resources
2. Your Obligations
2.1. Applicable laws and this Agreement
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice whenever accessing or using the Services.
2.2. License and warranty for your submissions to Malakye
As between you and Malakye, you own the content and information you provide Malakye under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Malakye a nonexclusive, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Malakye, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Malakye, without any further consent, notice and/or compensation to you or to any third parties.
We will respect the choices you make about who gets to see your information and content.
Pursuant to this license, Malakye may grant other Members and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings and degree of connection with them.
You promise to only provide us information and content that you have the right to give us and you promise that your Malakye profile will be truthful.
Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it, it is not confidential, and is not in violation of any law, contractual restrictions or other third party rights (including any intellectual property or privacy rights).
It is your responsibility to keep your Malakye profile information accurate and updated.
2.3. Service Eligibility
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the "Minimum Age" (defined below) or older; (2) are not currently restricted from the Services or not otherwise prohibited from having a Malakye account, (3) are not a competitor of Malakye or are not using the Services for reasons that are in competition with Malakye; (4) will only maintain one Malakye account at any given time; (5) will use your real name and only provide accurate information to Malakye; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Malakye or third party, including intellectual property rights such as copyright or trademark rights, or privacy rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
2.4. Your Membership
You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Malakye account to another party; and (5) not charge anyone for access to any portion of Malakye, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your Malakye account, please visit Malakye’s Help Center.
You agree to indemnify and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Malakye.
2.6. Payment; Automatic Renewal; Cancellation
You will honor your payment obligations and you permit us to store your payment information. You acknowledge and agree that there may be fees and taxes that are added to our prices.
If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to Malakye storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT IF AUTO RENEWAL IS SELECTED, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.
For international users, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates.
Malakye does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts until you cancel or to cancel your subscription. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
You may cancel or suspend your Premium Services here. We do not guarantee refunds for lack of usage or dissatisfaction.
You also acknowledge that Malakye’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, please contact our Customer Support.
All sales are final and no refunds will be issued.
2.8. Notifications and Service Messages
You agree that Malakye may communicate with you through your Malakye account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Malakye account or services associated with Malakye. Please review your Malakye settings to control and limit what kind of messages you receive from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
2.10. Export Control
Your use of Malakye services, including our software, may be subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall comply with all applicable import and export laws and regulations in your use of the Site and Services.
2.11. Feedback to Malakye
By submitting suggestions or other feedback regarding our Services ("Feedback") in any way to Malakye, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) Malakye is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) Malakye shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) Malakye may have something similar to the Feedback already under consideration or in development; (e) you irrevocably, perpetually, and non-exclusively license to Malakye the right to exploit and use your Feedback; and (f) you are not entitled to any compensation or reimbursement of any kind from Malakye under any circumstances.
3. Your Rights
On the condition that you comply with all your obligations under this Agreement and subject to the terms of this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10 and any payment obligations, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to accessthe Services, through a generally available web browser, mobile device or Malakye authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Malakye or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of Malakye contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or using information gathered from Malakye commercially unless expressly authorized by Malakye) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Malakye and all related items, including any and all copies made of the Malakye websites.
4. Our Rights & Obligations
4.1. Services Availability
For as long as Malakye continues to offer the Services, Malakye shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Malakye as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Malakye, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Malakye or by direct communication to you unless otherwise noted.
Malakye further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Malakye to be contrary to this Agreement. For avoidance of doubt, Malakye has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. Malakye may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.
4.2. Third Party Content, Sites and Developers
By using the Services, you may be exposed to other Members’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Members’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon.
4.3. Connections and Interactions with other Members
You are solely responsible for your interactions with other Members. Malakye may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Malakye reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Malakye determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
Your interactions with organizations or individuals, including clients and instructors, found on or through the Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Services, you hereby release Malakye and its affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
4.4. Intellectual Property Notices
The Services include the copyrights and Intellectual property rights of Malakye and except for the limited license granted to you in Section 3, Malakye reserves all of its intellectual property rights in the Services. Malakye logos and other Malakye trademarks, service marks, graphics, and logos used in connection with Malakye are trademarks or registered trademarks of Malakye or Malakye Affiliates in the U.S. and/or other countries. Other trademarks and logos used in connection with Malakye may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
5. Disclaimer; Limitation of Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MALAKYE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, MALAKYE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. MALAKYE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MALAKYE OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR (a) ANYDAMAGESIN EXCESS OF FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR US$100, WHICHEVER IS GREATER; or (b) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SERVICES; HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
7.1. Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Malakye pursuant to Section 9.3. This notice will be effective upon Malakye processing your notice. Malakye may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Malakye or the party paying for the Services may terminate your access to any Premium Services. Termination of your Malakye account includes disabling your access to Malakye and may also bar you from any future use of Malakye.
7.2. Misuse of the Services
Malakye may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Malakye messaging services; creating multiple or false profiles; using the Services commercially without Malakye’s authorization, infringing any intellectual property or privacy rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Malakye, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Malakye has adopted a policy of terminating accounts of Members who, in Malakye’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act, as provided in Section 11.
7.3. Effect of Termination
Upon termination of your Malakye account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 ("Your Rights") and Sections 4.1. ("Services Availability").
8. Dispute Resolution
8.1. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Malakye, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Malakye agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Malakye agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Malakye shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8.2. Arbitration Agreement & Waiver of Certain Rights
You and Malakye agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Malakye hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Malakye relating to this Agreement or the Services (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Malakye will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Malakye from seeking action by federal, state, or local government agencies. You and Malakye also have the right to bring qualifying claims in small claims court. In addition, you and Malakye retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
Neither you nor Malakye may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Malakye's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. This Section of the Agreement will survive the termination of your relationship with Malakye.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MALAKYE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
9. General Terms
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
9.3. Notices and Service of Process
In addition to Section 2.8. ("Notices and Service Messages"), we may notify you via postings on next.malakye.com or another Malakye site or app. You may contact us via mail or courier at: Malakye Corporation ATTN: Legal Department 1721 Artesia Blvd. #E Manhattan Beach, CA. 90266. Additionally, Malakye accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
9.4. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Malakye regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Malakye services, third-party content or third party software.
9.5. Amendments to This Agreement
9.6. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Malakye Affiliate shall be deemed legally binding on any Malakye Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Malakye.
9.7. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
9.8. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Malakye Corporation for any third party that assumes our rights and obligations under this Agreement.
10. Malakye "DOs" and "DON’Ts."
10.1. Do undertake the following:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with notices sent by Malakye concerning the Services;
Use the Services in a professional manner; and
Use your real name on your profile.
10.2. Don’t undertake the following:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Malakye;
Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
Create a Member profile for anyone other than a natural person;
Harass, abuse or harm another person, including sending unwelcomed communications to others using Malakye;
Invite people you do not know to join your network;
Upload a profile image that is not your likeness or a head-shot photo;
Use or attempt to use another's account or create a false identity on Malakye;
Falsely state, impersonate or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresent your affiliations with a person or entity, past or present;
Post any content that is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Add to a content field content that is not intended for such field (e.g. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Malakye);
Include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringe upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Include any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (a) using Malakye invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Malakye to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
Utilize software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Malakye or any user of Malakye;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Malakye (excluding content posted by you) except as permitted in this Agreement, Malakye’s developer terms and policies, or as expressly authorized by Malakye;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Utilize or copy information, content or any data you view on or obtain from Malakye to provide any service that is competitive, in Malakye’s sole discretion, with Malakye;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by Malakye unless you have entered into a written agreement with Malakye (this includes, but is not limited to, representing yourself as an accredited Malakye trainer if you have not been certified by Malakye as such);
Adapt, modify or create derivative works based on Malakye or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under Malakye’s developer program;
Rent, lease, loan, trade, sell, or re-sell access to Malakye or any information therein, or the equivalent, in whole or part;
Sell, sponsor, or otherwise monetize any service or functionality of Malakye, without the express written permission of Malakye;
Deep-link to the Services for any purpose, (i.e. creating or posting a link to a Malakye web page other than Malakye’s home page) unless expressly authorized in writing by Malakye or for the purpose of promoting your profile or a Group on Malakye as set forth in the Brand Guidelines;
Remove any copyright, trademark or other proprietary rights notices contained in or on Malakye, including those of both Malakye and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on Malakye;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Malakye except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Share information of non- Members without their express consent;
Infringe or use Malakye’s brand, logos or trademarks, including, without limitation, using the word "Malakye" in any business name, email, or URL or including Malakye’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Malakye;
Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
Use bots or other automated methods to access Malakye, add or download contacts, send or redirect messages, or perform other similar activities through Malakye, unless explicitly permitted by Malakye;
Access, via automated or manual means or processes, Malakye for purposes of monitoring Malakye’s availability, performance or functionality for any competitive purpose;
Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
Attempt to or actually access Malakye by any means other than through the interfaces provided by Malakye such as its mobile application or by navigating to https://www.malakye.com using a web browser. This prohibition includes accessing or attempting to access Malakye using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Malakye;
Attempt to or actually override any security component included in or underlying Malakye;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Malakye’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Malakye personnel, attempting to gain unauthorized access to Malakye, or transmitting or activating computer viruses through or on Malakye; and/or
Interfere or disrupt or game Malakye or the Services, including, but not limited to, any servers or networks connected to Malakye, or Malakye's search algorithms.
11. Copyright and Intellectual Property Policy
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
1721 Artesia Blvd. #E
Manhattan Beach, CA. 90266
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.