Terms of Use

Welcome to MAEKAN, the website and online service of MAEKAN LLC. (“MAEKAN,” “we,” “us,” or “our”).

These Terms of Use explain the terms by which you may use our online services, website, and mobile application provided on or in connection with the Service (collectively, the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Use (the “Agreement”) and to the collection and use of your information as set forth in the MAEKAN LLC. Privacy Policy.

This Agreement applies to all visitors, users, and others who access the Service (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, RATHER THAN BY JURY TRIAL OR CLASS ACTION.

1. Use of Our Service

1.A. Eligibility

You may use the Service only if you can form a binding contract with MAEKAN and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

Any use of or access to the Service by anyone under the age of 13 is strictly prohibited and violates this Agreement. Persons previously removed from the Service or otherwise deemed ineligible by MAEKAN may not use the Service.

1.B. MAEKAN Service

Subject to this Agreement, MAEKAN grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by its features. MAEKAN reserves all rights not expressly granted in this Agreement in the Service and MAEKAN Content, as defined below.

MAEKAN may terminate or revoke this license at any time, for any reason or no reason.

1.C. Service Rules

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, or disclosing any part of the Service in any medium, including through automated or non-automated scraping.

• Using automated systems, including robots, spiders, or offline readers, to access the Service in a way that sends more requests to MAEKAN servers than a person could reasonably produce using a conventional web browser in the same period.

• Transmitting spam, chain letters, or other unsolicited communications.

• Attempting to interfere with, compromise, or undermine the integrity or security of the Service, or decipher transmissions to or from servers operating the Service.

• Taking any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

• Uploading or transmitting invalid data, viruses, worms, or other harmful software agents through the Service.

• Collecting or harvesting personally identifiable information from the Service.

• Using the Service for commercial solicitation purposes without our prior written consent.

• Impersonating another person, misrepresenting your affiliation with a person or entity, committing fraud, or concealing or attempting to conceal your identity.

• Interfering with the proper operation of the Service.

• Accessing Service content through technology or means other than those provided or expressly authorized by the Service.

• Bypassing measures we use to prevent or restrict access to the Service or to enforce limitations on use or copying of Service content.

  
  

We may, without prior notice, change the Service; stop providing all or part of the Service or particular features to you or Users generally; or create usage limits. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if we determine, in our sole discretion, that you have violated this Agreement, or for no reason.

Following termination for any reason, provisions of this Agreement that by their nature should survive will continue to apply.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between Users. MAEKAN has no liability for your interactions with other Users or for any User’s actions or inactions.

2. Our Proprietary Rights

The Service and all materials included in or transferred through it, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, and photographs (collectively, “MAEKAN Content”), and all related Intellectual Property Rights, are the exclusive property of MAEKAN and its licensors.

Except as explicitly provided in this Agreement, nothing creates a license under any Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from MAEKAN Content. Use of MAEKAN Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may submit comments, suggestions, or ideas about the Service or MAEKAN’s products (“Ideas”). By submitting an Idea, you agree that it is voluntary, unsolicited, non-confidential, and without restriction. MAEKAN may use, disclose, or otherwise exploit the Idea without compensation or obligation to you.

3. Interacting With the Service and User Content

3.A. Your User Content

Certain areas of the Service may allow Users to submit, post, display, link to, or otherwise make available content or information, such as comments, questions, images, and other materials (“User Content”).

MAEKAN does not claim ownership of User Content you create or provide. Subject to the rights you grant under this Agreement, your User Content remains yours. By sharing User Content through the Service, you permit MAEKAN and other Users to access, view, edit, and share it as enabled by the Service and permitted under this Agreement.

MAEKAN has the right, but not the obligation, to remove User Content in its sole discretion.

3.B. How We and Other Users Can Use Your Content

By posting or otherwise making User Content available through the Service, you grant MAEKAN a royalty-free, sublicensable, transferable, perpetual, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and create derivative works from that User Content and your name, voice, or likeness as included in it.

This license applies in whole or in part, in any format, media, or technology now known or later developed, for use in connection with the Service and MAEKAN’s business, including promotion and redistribution of all or part of the Service through any media format or channel.

You also grant each User a non-exclusive license to access your User Content through the Service and to use, reproduce, modify, distribute, display, and perform it as permitted through the Service’s functionality and under this Agreement.

3.C. What Not to Post

You agree not to post User Content that:

• May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or illness to you, another person, or an animal.

• May create a risk of loss or damage to any person or property.

• Seeks to harm or exploit children, including by exposing them to inappropriate content or requesting personally identifiable information.

• May constitute or contribute to a crime or tort.

• Is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, obscene, infringing, invasive of privacy or publicity rights, harassing, humiliating, libelous, threatening, profane, or otherwise objectionable.

• Is illegal, including disclosure of insider information or another party’s trade secrets.

• You do not have the right to make available under law or contractual or fiduciary obligations.

• You know is inaccurate, false, or not current.

  
  

3.D. Respecting Others’ Rights

You agree that your User Content does not and will not violate third-party rights, including Intellectual Property Rights and privacy rights.

If your User Content includes music, you represent that you own or have secured all necessary copyright rights, including performance, mechanical, and sound recording rights, for every musical composition and sound recording included in the User Content, and that you have the authority to grant the licenses in this Agreement.

3.E. Definition of Intellectual Property

“Intellectual Property Rights” means all patent, copyright, mask work, moral, publicity, trademark, trade dress, service mark, goodwill, trade secret, and other intellectual property rights now existing or later arising, together with all related applications, registrations, renewals, and extensions under any applicable jurisdiction’s laws.

3.F. User Content Representations and Warranties

In connection with your User Content, you represent and warrant that:

• You have written consent from each identifiable individual depicted or identified in the User Content to use that person’s name or likeness as contemplated by the Service and this Agreement.

• Your User Content, and MAEKAN’s use of it as contemplated by this Agreement, will not violate any law or infringe any third-party right, including Intellectual Property Rights and privacy rights.

• MAEKAN may exercise the rights granted in this Agreement without liability for guild fees, residuals, payments, royalties, or other compensation under any collective bargaining agreement or otherwise.

• To the best of your knowledge, all User Content and other information you provide to MAEKAN is truthful and accurate.

  
  

3.G. Your Conduct; Disclaimer

MAEKAN may, but is not obligated to, reject or remove User Content that it believes, in its sole discretion, violates this Agreement.

Publishing User Content through the Service is not a substitute for registering it with the U.S. Copyright Office, the Writers Guild of America, or another rights organization. MAEKAN takes no responsibility and assumes no liability for User Content posted or transmitted by you, another User, or a third party.

You are solely responsible for your User Content and the consequences of posting or publishing it. MAEKAN acts only as a passive conduit for online distribution and publication of User Content. You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuitable for your purposes, and MAEKAN is not liable for any damages you allege to incur as a result.

4. Paid Services

4.A. Billing Policies

Certain aspects of the Service may be offered for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the applicable Pricing and Payment Terms, as updated from time to time.

MAEKAN may add new paid services or change fees and charges for existing services at any time in its sole discretion. Any change to pricing or payment terms will take effect in the billing cycle following notice to you, as provided in the applicable Pricing and Payment Terms.

4.B. No Refunds

Unless otherwise required by applicable law or expressly stated in applicable Pricing and Payment Terms, payments for paid Services are non-refundable.

If MAEKAN suspends or terminates your access to the Service due to your breach of this Agreement, you will not receive a refund, credit, or exchange for unused paid Services, subscription fees, licenses, content, data, or any other portion of the Service.

4.C. Payment Information; Taxes

All information you provide in connection with a purchase, transaction, or other monetary interaction with the Service must be accurate, complete, and current.

You agree to pay all charges incurred through your selected payment method at the prices in effect when the charges are incurred. You are responsible for all applicable taxes relating to purchases, transactions, or other monetary interactions with the Service.

5. No Professional Advice

Any professional information available through the Service, including financial, legal, or medical information, is provided for informational purposes only and is not professional advice.

You should not act or refrain from acting based solely on information available through the Service. Seek independent advice from a licensed or qualified professional in the relevant field.

6. Privacy

We care about the privacy of our Users. By using the Service, you consent to the collection, use, disclosure, transfer, and processing of your personally identifiable information and aggregate data as described in our Privacy Policy, including processing in the United States.

7. Security

MAEKAN cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never defeat our security measures or improperly use your personal information.

You acknowledge that you provide personal information to MAEKAN at your own risk.

8. DMCA Notice

MAEKAN respects the rights of artists and content owners and responds to infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe copyrighted work has been copied in a way that constitutes infringement and is accessible through the Service, notify MAEKAN’s designated copyright agent in writing with:

• A physical or electronic signature of a person authorized to act for the copyright owner.

• Identification of the copyrighted work claimed to have been infringed.

• Identification and location of the allegedly infringing material on the Service.

• Contact information reasonably sufficient to allow MAEKAN to contact you, such as your address, telephone number, and email address.

• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

• A statement, under penalty of perjury, that the information