Terms & Conditions
This Terms of Service Agreement (the “Agreement”) governs Your use of Mashtal.com, and any mobile device applications provided by Mashtal (the “Site”) and any services made available to You by Mashtal, LLC (hereinafter, “Mashtal”, “We”, “Us” or “Our”) on or through the Site (the “Services”). For purposes of this Agreement, “You” means the person using the Site or the Services or, if You are using the Site or Services on behalf of Your company (or another entity), then “You” means Your company (or such other entity), its officers, members, agents, successors and assigns.
Last Updated: November 6, 2020
By using Mashtal Services, you agree to these conditions. Please read them carefully.
A. Services Available on the Site
Users of the Site, who simply browse the Site (“Guests”), may be able to view products and information, request information and engage in certain services on the Site. Users of Mashtal .com, who enter into a separate Seller user Agreement with Us (“Seller”), may be able to (a) use Mashtal’s systems and networks to create and customize an online store (“Store”) that permits Seller to post information about their products and offer such products for sale through the Store; (b) receive hosting services from Us, and (c) engage in certain other services on or through Mashtal.com or through mobile device application provided by Mashtal. The term “Users” refers to both Guests and Merchants.
Mashtal reserves the right, for any reason, in its sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features, hours of availability or equipment required for access. We may also impose limits on certain features of the Site or Services, or restrict Your access to part or all of the Site or Services without notice to You or penalty to Us.
B. Proprietary Rights and License
The Site, all the content (including, for example, audio, photographs, illustrations, graphics, video and software), code, data, works of authorship and materials on the Site, the look and feel, design and organization of the Site, and the compilation of the material on the Site (collectively, the “Content”) belongs to Mashtal. Mashtal own, solely and exclusively, all rights, title and interest in and to the Site, the Content, including, but not limited to, all intellectual property and proprietary rights in the Site and Content. Your use of the Site and/or the Content does not grant to You any ownership in or to the Content or Site.
The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site or in connection with the Content made available through the Site are registered and unregistered Trademarks of Mashtal and its sellers and may not be used except with written permission of the respective Trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Mashtal or the third party that may own the applicable Trademark. Any misuse of the Trademarks displayed on the Site or on or through any of the Site’s services is strictly prohibited.
Mashtal grants You a limited, revocable, nonexclusive, non-transferable, personal license to access, display and copy the Content for personal, non-commercial use only, subject to and conditioned on Your continued compliance with the terms and conditions in this Agreement. This license is granted solely to allow You to visit and display the Site and to use the Services as permitted by this Agreement. You agree not to remove, alter or obscure any proprietary notices provided in or with the Content. All rights not expressly granted in this Agreement are reserved.
C. User Accounts
Users, who create an account on the Site, agree to the following terms and conditions with regard to their account:
· To provide complete and accurate information to create Your account and to keep Your account information up-to-date.
· To choose a user name and password for Your account. You understand that it is Your responsibility to choose a user name and password and to maintain the confidentiality of Your password. If You share Your password with anyone it may jeopardize the security of Your account. You agree to notify Mashtal promptly if You become aware that Your password or account has been used without Your consent. To do so, please contact us at .
· That Mashtal may refuse to grant You, and that You may not use, a user name that belongs to or is already being used by another User or that is offensive, in Our sole discretion. If You believe that another User’s user name infringes on Your rights, then feel free to send Us a notice at .
· Not to impersonate any other person, thing or entity through Your user name.
· Not to access anyone else’s account without that person’s permission.
· Not to use the Site or Services if You are less than 18 years of age without the consent of Your parent or guardian, who agrees, on Your behalf, that You will comply with the terms and conditions of this Agreement.
· That certain pages on the Site may be restricted to Users over the age of 18 and You agree not to access or attempt to access such pages if You are not over the age of 18.
· Not to post or display any content that is not suitable for minors unless properly designated.
· That Mashtal may temporarily or permanently discontinue providing the Site or the Services at any time and that as a result You may be prevented from accessing the Site, the Services and Your account.
· To be solely responsible for all activities that occur under Your account.
· That any hardware and software required to use the Site or the Services is Your responsibility.
Users, who create or administer an account on the Site for another person or entity, agree to the following terms and conditions with regard to the account:
· You will abide by all of the terms and conditions provided above with respect to individual accounts.
· You represent that You are properly authorized to represent the person or entity for which You initiate or administer an account.
To the extent that You post or otherwise provide Mashtal with content, including photographs, audio, text, graphics or other works of authorship, on or through the Site or Your account, You grant to Mashtal a non-exclusive, fully paid up, royalty free, irrevocable, unlimited, worldwide license to reproduce, display, perform, use and create derivative works from such content, unless otherwise provided in the Seller User Agreement.
D. Mashtal’s Rights
Mashtal reserves the following rights:
· To suspend or terminate the account of anyone who violates this Agreement.
· To change or alter the Site, the form and nature of the Site or any Services provided through the Site, including requiring payment for some or all uses of the Site, at any time.
· To review, modify, filter, disable, delete and remove any and all content and information from the Site.
· To update and download automatically any software provided on or through the Site.
· To display advertising and promotions, which may be targeted to certain users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.
E. Prohibited Uses
You may use the Site and the Services only for lawful purposes. You may not transmit, post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use the Site or the Services to facilitate, or otherwise assist others in, the violation of any law or regulation.
You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using the Site or the Services comply with this Agreement and all applicable laws and regulations. Mashtal does not review, edit, censor or take responsibility for any information that You, or other Users, may create, transmit, post, store, distribute, display or present using the Site or the Services.
You may not use the Site or the Services to:
· Post content or information that is obscene, hateful, threatening, defamatory, includes child pornography, or creates a risk to anyone’s privacy or safety.
· Promote, do or further any unlawful, misleading, discriminatory or malicious activity.
· Solicit personal information from anyone under 18 years of age.
· Transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information.
· Upload or transmit viruses, worms or other malicious code.
· Violate or infringe anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets. For instance, You may not use the Site or the Services to provide pirated or counterfeit works, information to circumvent copyright protection devices or links to such works or information or impermissibly use someone else’s copyrighted work or trademarks.
· Violate or infringe anyone’s privacy or publicity rights, such as impersonating another person or entity or posting images of someone without their permission.
· Forge or otherwise manipulate headers, tags or identifiers in order to disguise the origin of any message or transmittal that You send or receive on or through the Site or the Services.
· Falsely express or imply that Mashtal sponsors, endorses or is otherwise affiliated with You or Your content.
· Violate any law, statute, ordinance or regulation including export, intellectual property and privacy laws.
· Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Site or the Services, the proper working of the Site or the Services, security features of the Site or the Services, or the equipment connected to the Site or the Services.
· Impose an unreasonable or disproportionately large load on the infrastructure of the Site or Mashtal’s systems or networks.
· Restrict or inhibit any other person from using the Site or the Services (including without limitation by hacking or defacing any portion of the Site).
· Create a database by downloading and storing the Content or any part thereof.
· Violate this Agreement or encourage or assist anyone else to violate this Agreement.
F. Notice Regarding Seller Payment
Seller should be aware some payments may be processed through third party payment services, Stripe or other electronic payment vendors. Mashtal may also provide applications and other services to Merchants related to payment processing. Payments may not be processed for certain activities, such as for illegal or other prohibited activities. If You have a question as to whether a payment will be accepted, then we encourage You to check the policies of the applicable vendor.
Your relationship with the electronic payment vendors is separate from Your relationship with Mashtal and is governed by the terms and conditions contained in such vendor’s agreement. Such terms and conditions are available at the respective vendor’s website. Mashtal is not responsible for the actions or omissions of any third party payment processor.
G. Your Representations and Warranties
By using the Site, the Services or the Content You represent and warrant that:
· You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor who You are authorizing to use the Site and the Services;
· You understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
· You will use the Site and the Services in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement;
· You are authorized to sign for and bind the person or entity using the Site or the Services;
· You will provide only true, accurate, complete and current information to Mashtal; and
· You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal Your identity from Mashtal or in any material that You post or submit on the Site for any purpose.