Terms of Use

IMPORTANT--READ CAREFULLY: These Terms and Conditions are a legal contract between you (either an individual or a single business entity) and ITManagement Consulting, Inc., dba Maccaca ("Maccaca") for the use of Maccaca’s art networking site (the “Site”), which includes computer software and, as applicable, associated media, printed materials, and "online" or electronic documentation (collectively, the "Service").

BY CLICKING THE “ACCEPTED” ICON BELOW, OR BY REGISTERING FOR MEMBERSHIP AND USE OF THE SERVICE, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT USE THIS APPLICATION OR THE SERVICES AND EXIT NOW.

Levels of Privilege/Nature of Site Access: Visitors to the Site are able to view works displayed by Members on the Site without becoming Members, however, only Members may:

- Create personal profiles
- Join groups on the Site
- Send messages to other Members on the Site
- Upload content
- Purchase content for download.

Any other access to or use of this site or its contents is unauthorized. Violation of these terms and conditions will result in exclusion from the Site and engender damages where third party rights are involved. Anyone viewing content on the Site in violation of the Site Terms or Policies may flag the content and provide a reason to the Site administrator. Grounds for removal of content and banning from the Site include:

- Profanity, vulgarity, hate speech, threats of violence, posting of private information or comments of a third party or Member;
- Posting of infringing material;
- Spamming
- Illegal activity
- Pornographic material
- Interference with site operations
- Transmission of a virus

User Information: All information submitted on the site might potentially be publicly accessible. Important and private information should be protected by you. We are not liable for protection of privacy of electronic mail or other information transferred through the internet or any other network provider that you may use. Please see our Privacy Policy for further detail.

Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through the site should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting.

We maintain and control ownership of all IP numbers and addresses that may be assigned to you. We reserve, in our sole discretion, the right to change or remove any and all IP numbers and addresses.

By registering, you certify that the information you provide on the registration form is accurate and pertains only to you. You are responsible for maintaining the confidentiality of the password you are assigned. Your password may not be shared with any other person. You also certify that you own the intellectual property rights associated with any items uploaded by you onto the Site and agree to abide by the Intellectual Property Rights Terms of this Site.

Members have the option to create personal profiles with varying levels of access for profile information, contact information and their “Writer’s Bloc”. Only the most restrictive settings, “Only Me” are available for Members under 16 years of age.

We reserve the right to deactivate or suspend use of services for any reason.

Use Limitations: No user of the site may (1) take any action that imposes an unreasonable load on the site's infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted on the site, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the site, (4) delete or alter any material posted by any other person or entity, or (5) frame or link to any of the materials or information available from the site.

Information and materials posted by Maccaca are provided for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions. In addition, the site may be used by others to post other information and materials, including changes or additions; Maccaca gives no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication they have been validated by Maccaca or represent the views of Maccaca, Maccaca does not monitor all submissions to the site, but reserves the right to do so and to remove or edit anything that is in violation of these terms of use or other policies of Maccaca.

If you submit any information to our site, you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit pyramid schemes or chain letters or conduct gambling, (3) post or transmit anything that violates the copyright, trademark or other intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

When retrieving information from our site, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (2) aggregating, copying or duplicating any of the materials or information available from the site except for the small amount of materials and information temporarily required for an ordinary single use of the site, or (3) accessing data not intended for such user.

Should you decide to submit, enter or transmit through use of the Service information or materials of any kind, you are responsible for ensuring that you may do so and that such information and materials may be accessed, used, copied, distributed and adapted by other users of the Service (including Maccaca or its host providers) without liability or restriction. You are responsible for making sure all information and materials that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.

You are authorized to access, use and copy information and materials available through the Service only for personal use and not for resale or duplication. The information and materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Violation of this policy may result in infringement of intellectual property and contractual rights of Maccaca or third parties which is prohibited by law and could result in substantial civil and criminal penalties. MACCACA and design, and other identified marks are trademarks of Maccaca and may not be used without our written permission.

USE OF THIS SITE IS PROVIDED "AS IS, WHERE IS," AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR TRUTH AND ACCURACY OF THIRD PARTY ADVERTISING ON THE SITE. IN NO EVENT SHALL MACCACA BE LIABLE FOR DAMAGES TO YOU FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT MACCACA CORRECT THE MATTER OR, IF MACCACA FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.

You agree to accept sole responsibility for any use of internet facilities conducted or permitted by you, the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees, or your other users.

These terms shall be governed by and construed and enforced in accordance with the laws of the State of Florida, excluding its laws relating to conflicts of laws.