Use of the Service
Metalface allows you to access, view and share moments with your contacts through our mobile and web-based apps and our site (each an “App”). As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Service, for your own personal use. You may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Service; (iv) make the functionality of the App or the Service available to multiple users through any means; or (v) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each an “App Provider”). You acknowledge and agree that:
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service. Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features.
Creating a Metalface Account
In order to access and use Metalface, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract. When creating an Account, you may be required to provide certain personal information about yourself. You agree to provide accurate, current and complete information about your Account.
When creating an Account, don’t:
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
Claiming or creating a company
Claiming or creating a company you acknowledge that you legally permitted to act as a representative of that company. It is not allowed to claim or create a fake company, a company that you are not an official representation of.
The company administrator for a company in Metalface is responsible for the information about that company in Metalface.
Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You can’t remove Content that you posted. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We ask that you respect our on-line community and other users when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
Content on the Service
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
Metalface is the owner or licensee of various trademarks associated with the Platform, including, without limitation, Metalface™ (the “Marks”). All Marks are and will remain the exclusive property of Metalface and/or its licensors, whether or not specifically recognized or perfected under the laws of the jurisdiction where Member opera tes. Member will not register the Marks (or any mark that is identical or confusingly similar to the Marks) or take any action that jeopardizes Metalface’s or its licensors’ proprietary rights in the Marks. Any proprietary rights in the Marks which Member may acquire through use or otherwise are hereby assigned to Metalface and or its licensors and Member agrees to execute any documents which may be required to perfect such rights in Metalface and/or its licensors. Member is only granted the limited use rights specified herein.
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Member shall indemnify, defend and hold harmless Metalface, its employees, officers, directors, representatives, and agents, from and against any loss, expense or liability (including reasonable attorneys’ fees) arising from or related in whole or in part to: (i) a breach of these Terms by Member or (ii) Member’s use of the Platform. Metalface shall promptly notify Member of an indemnified claim, render to Member reasonable assistance (at Member’s expense) as required, and permit Member to direct the defence or settlement negotiations. In no event shall Member settle any such claim, lawsuit or proceeding in a manner that would cause Metalface to incur liability, without Metalface prior written approval.
Links to Third Party Sites
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
Our App and Service is protected by copyright, trademark, and other laws of the Netherlands, the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content.
If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the App and/or Service.
You understand and agree that the App and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL METALFACE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES HAVE ANY LIABILITY HEREUNDER FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OR COSTS (INCLUDING ATTORNEYS’ FEES), OR LOSS OF PROFITS, REVENUE OR GOODWILL, IN ANY WAY RELATING TO THESE TERMS OR RESULTING FROM THE USE OR INABILITY TO USE, OR PERFORMANCE OR NONPERFORMANCE OF, THE PLATFORM OR ANY OTHER SERVICES PROVIDED BY METAL-LYNX, EVEN IF METALFACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, AND WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. FURTHERMORE, METALFACE SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING OR ARISING FROM MEMBER’S RELIANCE ON THE PLATFORM, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION OF THE PLATFORM, ACTS OR OMISSIONS OF ANY OTHER MEMBER, METAL-PAGES LTD OR ANY OTHER THIRD PARTY, UNAUTHORIZED ACCESS TO THE PLATFORM BY ANY PARTY, THE TERMINATION OF MEMBER’S MEMBERSHIP BY METALFACE PURSUANT TO THESE TERMS, THE FAILURE OF ANY PARTIES TO PERFORM ANY TRANSACTION CONCLUDED ON THE PLATFORM, THE FAILURE, OR ALLEGED FAILURE, OF ANY MATERIAL OR OTHER ITEM PURCHASED OR TRANSFERRED USING OR INVOLVING THE PLATFORM TO CONFORM TO ANY SPECIFICATIONS OR TERMS, WHETHER POSTED ON THE PLATFORM OR NOT, OR THE BREACH, OR ALLEGED BREACH, OF ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY SUCH ITEM OR SHIPMENT.
Cap On Liability. IN NO EVENT WILL METALFACE’S AGGREGATE LIABILITY TO MEMBER FOR ANY CAUSE, AND REGARDLESS OF THE FORM OF ACTION. METALFACE SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER RELATING TO ANY MATERIALS OR SERVICES NOT PROVIDED TO MEMBER BY METALFACE.
Metalface may modify these Terms from time to time. Any and all changes to these Terms will be posted on the Platform and revisions will be indicated by date. Members agree to be bound to any changes to these Terms when accessing or using the Platform after any such modification becomes effective. Metalface may also, in its discretion, alert all Members with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that Members regularly review these Terms and keep contact information current in the account settings to ensure that Members are informed of changes. Members agree to periodically check the Platform for updates to these Terms. Modifications to these Terms shall be effective as of the revision date posted.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Questions & Contact Information
Please contact us if you have any questions about our Terms.
Version Date: October 9th, 2015