Masha Plans LLC: Terms And Conditions
Welcome to www.mashaplans.com website. This website is operated by Masha Plans LLC. Please read our Terms of Service, so you understand your use of our Website. You agree to our Terms of Service (“Terms”) by accessing or using our Website (together, “Services”). Please read these terms and conditions carefully. You agree to be bound by these terms and conditions by accessing or using our Websites, services, or features (together, “Services”).
You must be at least 18 years old to use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms, your parent or guardian must agree to our Terms on your behalf.
ACCEPTABLE USE OF OUR SERVICES
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for violating our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Masha Plans, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm to Masha Plans or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure. You are responsible for keeping your device and your Masha Plans account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Our Services may allow you to access, use, or interact with third-party Websites, content, and other services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s Website that enables you to send information to your Masha Plans contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Our Rights. Masha Plans does not claim ownership of the information that you submit for your Masha Plans account or through our Services. You must have the necessary rights to such information that you submit for your Masha Plans account or through our Services and the right to grant the rights and licenses in our Terms.
Masha Plans LLC’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines.
Your License to Masha Plans LLC. In order to operate and provide our Services, you grant Masha Plans LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the purpose of operating and providing our Services
Masha Plans LLC’ License to You. We grant you a revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
All of the information on this Website, including images, text, audio, video, and other forms of content (including the information on this disclosure page) is Copyright ©Masha Plans LLC and may not be downloaded, reproduced, republished, or otherwise copied without express written permission of Masha Plans LLC. The Website and all of its Content and the selection and arrangement thereof are protected as a compilation owned by Masha Plans LLC under the copyright laws of the United States and other countries. Masha Plans LLC may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. Masha Plans LLC reserves all rights not expressly granted in and to the Website and the Content.
If you have any complaints with respect to the infringement of your copyright, kindly contact us.
Where you believe that your intellectual property has been infringed upon on our Website, please notify us by email. We expeditiously respond to all concerns regarding copyright infringements.
We request that you provide the following information along with your complaint:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.
- A proper description of the copyrighted work claimed to have been infringed.
- A description of the location of the infringing material on our Website.
- The address, telephone number or e-mail address of the complaining party.
- A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.
- A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying Masha Plans that your copyrighted material has been infringed.
When you submit, upload, transmit or display any data, information, media, or other content in connection with your use of Masha Plans (“Your Content”), you understand and agree that:
- you will continue to own and be responsible for Your Content;
- we will not sell Your Content to any third party;
- you grant other Masha Plans LLC users a non-exclusive licence to access and use Your Content within Masha Plans, in accordance with these Terms and Mashaplans’s functionalities;
- we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
- you will comply with these Terms, including our Masha Plans LLC Acceptable Use Policy, in your submission of Your Content.
- are allowed to retain and continue to use Your Content after you stop using Masha Plans;
- may be required to retain or disclose Your Content: (a) in order to comply with Applicable laws or regulations; (b) in order to comply with a court order, subpoena or other legal process; (c) in order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (d) where we believe it is reasonably necessary to comply with Applicable laws or regulations, in each case whether such Applicable law or regulation, legal process or government body is of your jurisdiction or elsewhere;
- may be required to retain or disclose Your Content in order to enforce these Terms or to protect any rights, property or safety of ours, our affiliate companies or other users of Masha Plans .
You understand that even if you seek to delete Your Content from Masha Plans, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Masha Plans LLC.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations, or in accordance with the Copyright Policy.
RESPONSIBILITY FOR YOUR CONTENT
You are solely responsible for Your Content. We are not responsible for maintaining a backup of Your Content – we recommend that you keep a backup copy of it at all times.
You must at all times ensure that: (a) you have the rights required to copy, process, transmit, access, publish, display and use Your Content, and to grant us and other third parties the rights as set out in these Terms; and (b) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate any applicable laws or regulations or the rights of any person.
OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to Masha Plans Website (including any future updates, upgrades, and new versions to all such Masha Plans LLC Website), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights, including our trademarks or product names, logos, domain names, or other distinctive brand features, without our prior written consent. Any comments or suggestions you may provide regarding Masha Plans LLC are entirely voluntary and we will be free to use these comments and suggestions at our discretion (including using such comments to improve existing services or create new services) without any payment or other obligation to you.
We grant you a personal, non-exclusive, non-sublicensable, non-transferable, royalty-free, and revocable right to use Masha Plans and any services from us as part of or in relation to your use of Masha Plans, solely in accordance with these Terms and subject to any other instructions as provided by us to you in relation to your use of Masha Plans from time to time. Please note that these terms may be supplemented by terms and conditions applicable to Masha Plans LLC Website.
You may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from Masha Plans LLC Website, and you may not sell, distribute, redistribute or sublicense Masha Plans LLC or the Masha Plans Website, except in each case to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Masha Plans Website, you will first contact us to request the information you need.
We may from time to time provide updates to the Masha Plans Website. Such updates may occur automatically or manually. Please note that Masha Plans. We do not guarantee that we will provide any updates for any Masha Plans Website, or that such updates will continue to support your device or system. All updates to the Masha Plans Website are part of the Masha Plans Website and subject to these Terms, except as otherwise specified by us.
You use our services at your own risk and are subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error-free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Masha Plans parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.
THIRD-PARTY SITES AND ADVERTISERS
Masha Plans may include links to third-party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that Masha Plans LLC shall not be held liable for any learning activities that occur on any website you access through links on Masha Plans. We provide these links as a convenience and do not endorse the content or services offered by these other sites. Any dealings that you have with advertisers found on Masha Plans are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
Unauthorized soliciting on Masha Plans is strictly prohibited and may result in penalties, including but not limited to, temporary or permanent bans of the account found in violation, and any appropriate and available legal action for monetary and other damages.
LIMITATION OF LIABILITY
The Masha Plans LLC parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the Masha Plans LLC parties have been advised of the possibility of such damages. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the Masha Plans LLC parties will be to the fullest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless the Masha Plans LLC Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
INFRINGEMENT OF RIGHTS
If you have an intellectual property rights-related complaint about any content posted in Masha Plans, please follow the instructions set out in our Copyright Policy
AVAILABILITY OF OUR SERVICES
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
These Terms will apply to your use of Masha Plans until your access to Masha Plans is terminated by either you or us.
You may terminate your use of Masha Plans, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of Masha Plans or these Terms to which you do not agree to). We may suspend or terminate your access to your account or any or all of Masha Plans:
- if we undertake maintenance or support of Masha Plans;
- to make changes to Masha Plans as notified by us to you;
- if we reasonably believe that you have breached these Terms;
- if your use of Masha Plans creates risk for us or for other users of Masha Plans , gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
- if such suspension or termination is required due to applicable laws; or
- to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion, and where reasonably practicable, we will give you advance notice of any suspension or termination.
If your access to Mashaplans is terminated (in whole or in part) by you or us, you agree that: (a) all of your rights under these Terms will terminate (b) you will immediately permanently delete all copies of Mashaplans Website to which the termination relates and you will immediately cease accessing and using any such Mashaplans Website.
RETENTION AND BACK-UP OF YOUR CONTENT
We may make changes to these Terms (and any applicable Additional Terms) over time (for example, to reflect technical improvements and changes to MashaPlans (for example, to address a security threat) or applicable laws and regulations, so please come back and review these Terms regularly.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the United States. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of the United States and to waive any objections based upon venue.
Any controversy, claim, or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in The United States and governed by American law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the United States and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Masha Plans LLC may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Masha Plans LLC Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Masha Plans LLC. Any attempted or actual assignment thereof without Masha Plans LLC’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section shall not in itself grant either Masha Plans or you the right to cancel any Masha Plans LLC Services or Third Party Services then in effect.
If any provision of the Masha Plans LLC Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Masha Plans LLC Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
For further inquiries or clarification, please contact us at [email protected]