Effective as of August 16, 2020
The services that the Company provides on the Company Sites include but are not limited to photo & video services, news feeds, public and private announcements, CVs & vacancy search and publishing, advertisement services, podcasting services, mobile services, text messaging services, and any other feature, content or application offered from time to time by the Company (hereinafter collectively referred to as "The Company Services") on or through the MAXXON Professional Social Network. The Company is based in and registered under the laws of Gibraltar, and the Company Services are hosted in the Netherlands.
Please read this Agreement carefully. The Company may modify this Agreement at any time, and each such modification will be effective upon posting on the Company Sites. All material modifications will apply prospectively only. Your continued use of the Company Sites or the Company Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue your use of the Company Services and the Company Sites immediately.
You take full responsibility for your participation on the Company Site (maxxon.io) or either of MAXXON applications (iOS- or Android-based). As a condition of using certain features of the Site, you may be required to register on the Site and/or select a username and password. All registration information you submit to create an account must be accurate and kept up to date. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization.
The Company reserves the right to refuse registration of, or cancel, a username, in its sole discretion. If we cancel your registration, you agree that you will not create another one or otherwise try to access the Company Services or the Company Sites without our permission. You agree not to sell, transfer or assign your registration or any registration rights. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information.
You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another member or user at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify the Company immediately if you suspect any unauthorized use of, or access to, your account or password.
The Company Site (maxxon.io) and either of MAXXON applications (iOS- or Android-based) are intended solely for your personal and non-commercial use. The Company may change, suspend or discontinue the Company Site (or any feature thereof) at any time. The Company may also impose limits on certain features and services offered on the Company Site or restrict your access to parts of the Company Site or to the entire Company Site immediately after informing you by sending you a corresponding notification to the Chat in your personal account.
You acknowledge that from time to time the Company Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which the Company may undertake from time to time; or (iii) causes beyond the control of the Company or which are not reasonably foreseeable by the Company.
The Company Services and the Company Sites are not intended to be used by the persons under the age of 13 (thirteen). If you are under the age of 13 (thirteen), you are not permitted to register with the Company or provide your personal information to the Company. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with the Company Services only if you have the consent of your parent or guardian, including consent to this Agreement on your behalf.
Unless terminated by the Company in its sole discretion, this Agreement remains in full force and effect while you use the Company Services or the Company Sites. You may terminate your account on the Company Sites at any time, for any reason, by emailing firstname.lastname@example.org, Subject: Terminate my account.
The Company may terminate your account and/or access to the Company Services or the Company Sites at any time, for any or no reason, with or without prior notice or explanation. Even after your user account or access to the Company Services or the Company Sites is terminated by you or by the Company, this Agreement will remain in effect with respect to your past and future use of the Company Sites or the Company Services.
Any rights to your account terminate upon your death.
You acknowledge that Company reserves the right to charge subscription fees for any portion of the Company Services. The Company will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee (any subscription fees are applicable to the PREMIUM subscription only; no fee will be applicable to the BASIC subscription, which is totally free of charge).
If you continue to use the Company Services or the Company Sites after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription.
If the Company suspends or terminates your account and/or access to the Company Services or the Company Sites because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
In connection with a purchase of any service and/or subscription on the Company Sites (hereinafter referred to as "The Site Product"), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (hereinafter collectively referred to as "The Personal Financial Information"), to an independent third party selected by, but not affiliated with, the Company (hereinafter referred to as "The Processor").
The Company makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. The Company provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability regarding purchases you make on the Company Sites. You are solely responsible for all transactions utilizing your Personal Financial Information, including, but not limited to, all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, the Company will in no way be responsible or liable to you for any such breach.
The Company will not store any record of Personal Financial Information related to purchases or other transactions you make through the Company Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
The Company Services are offered for your personal use only and may not be used for commercial purposes. The Company Services contain information, text, files, images, videos, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (hereinafter collectively referred to as "The Content") of the Company, its licensors, or assignors (hereinafter referred to as "The Company Content"), as well as the Content provided by users or other third parties. The Content contained in the Company Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and the Company, the Company, its licensors, or its assignors, own and retain all rights in the Company Content.
The Company hereby grants you a limited, revocable, non-sublicensable license to access and display or perform the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with using the Company Services. Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Company Services.
Except as explicitly and expressly permitted by the Company or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away.
Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Company Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Company Services, including geo-filtering mechanisms. Except as necessary in order to make reference to the Company, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Company Content in any manner.
You may not, without the Company's written permission, "mirror" any Contents contained on the Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by the Agreement. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Company reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on the Company Sites or on, through or in connection with the Company Services (hereinafter collectively referred to as "The User Content"). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
You agree not to use the Company Services to:
The Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by the Company, or for any other reason, in Company's sole discretion and without notice to you. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that the Company may access, preserve or disclose information you provide to the Company Sites, including User Content and your account registration information, including when the Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of the Company, our parents, subsidiaries or affiliates (hereinafter referred to as "The Company Affiliates"), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Company Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.
If the Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, the Company may transfer your information to the party or parties involved in the transaction as part of that transaction.
The Company reserves the right to limit the storage capacity of the User Content. You assume full responsibility for maintaining backup copies of your User Content, and the Company assumes no responsibility for any loss of your User Content due to its being removed by the Company or for any other reason.
The Company Sites may offer users the ability to post public announcements and private messages, photos and videos, CVs and vacancies on the following parts of the Company Sites: My feed and News feed, My chat, My media and Job center, and other interactive areas as a part of the Company Services, which may be open to the public generally (except the private messages in My chat) to all members of the Company Sites, or to a select group of members / users.
You acknowledge that all Content posted on any of the Company sites is User Content, and by posting it on the Company Sites, you agree to comply with the rules and restrictions on User Content set forth above. The Company reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any of the Company Sites and to restrict or remove your User Content from a Company Site or refuse to include your User Content in a Company Site for any reason at any time, in Company's sole discretion and without notice to you.
You acknowledge that your announcements, photos and videos, CVs and vacancies posted on Company Sites are public, and the Company cannot guarantee the security of any information you disclose through the Company Sites; you make such disclosures at your own risk. The Company is not responsible for the content or accuracy of any information posted by you on the Company Site, and shall not be responsible for any decisions made based on such information.
The Company does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (hereinafter collectively referred to as "Transmit") on, through or in connection with the Company Services, except with respect to your unsolicited submissions, as described under "Unsolicited Submissions" below; provided, however, that User Content shall not include any Company Content or content owned by a Company Affiliate. By posting or transmitting any User Content on, through or in connection with the Company Services, you hereby grant to the Company and our Company Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes.
Additionally, the Company is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including the Company Services. Company's use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint the Company as your agent with full authority to execute any document or take any action the Company may consider appropriate in order to confirm the rights granted by you to Company in this Agreement.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Company Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the Company Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Company Services or Third Party Services.
If you delete your User Content from the Company Sites, Company's license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the Company's back-up copies of the Company Sites, which are not publicly available. Furthermore, to the extent that Company made use of your User Content before you deleted it, Company will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from the Company Sites will not result in, and Company assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Company Sites, and (ii) termination of your account or your use of the Company Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
The Company respects the intellectual property of others and requires that our users do the same. The Company has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the Company Services who are repeat infringers. The Company also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person.
If you believe that any material residing on or linked to from the Company Services infringes your copyright, you must send Company's designated Copyright Agent (email@example.com) a written notification of claimed infringement that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Company Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Company's Copyright Agent for notification of claimed infringement can be reached at:
Subject: Copyright infringement notice
Or by posting mail to:
If you posted material to the Company Sites that the Company removed due to a notice of claimed infringement from a copyright owner, the Company will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Company Sites or by written or electronic communication to the email address(es) you have provided to the Company during the registration of your account.
You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of for the judicial district in which your address is located, or if your address is outside of Gibraltar, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person's agent; and (iv) your physical or electronic signature.
Please note that under the laws of Gibraltar any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
You understand that the Company does not control the User Content posted by users via the Company Services or the Company Sites, and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. The Company assumes no responsibility or liability for this type of Content. If you become aware of any misuse of the Company Services and/or the Company Sites, please report it immediately to the Company.
The Company assumes no responsibility for monitoring the Company Services or the Company Sites for inappropriate User Content or user conduct. If at any time, Company chooses in its sole discretion to monitor the Company Services and the Company Sites, the Company nonetheless assumes no responsibility for Content other than Company Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
The Company encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. The Company is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Company Services or the Company Sites does not imply approval or endorsement of the Third Party Service. The Company is not responsible for the content or practices of any websites other than the Company Sites, even if the website links to the Company Sites and even if it is operated by a Company Affiliate or a company otherwise connected with the Company Sites.
By using the Company Services or the Company Sites, you acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Company Sites. When you access Third Party Services, you do so at your own risk. If you are interested in creating hypertext links to the Company Sites, you must contact Company's legal department at firstname.lastname@example.org before doing so.
In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Company Sites or the Company, including its respective employees, agents, directors, officers or shareholders.
Certain products and services may from time to time be made available to you through the Company Services and the Company Sites after you have paid the subscription. The products and services that are offered for sale by the Company or its corporate affiliates are each referred to as an “Offering”. To make a purchase on the Company Services or the Company Sites, you must be a registered Company user.
The Company sells its products only to those users who can legally make purchases with a credit card. You must be 18 (eighteen) years of age or older to make a purchase on the Company Services or the Company Sites, or, if you are under the age of 18 (eighteen) but over the age of 13 (thirteen), you may make purchases on the Company Services with the knowledge and consent of your parent or legal guardian.
The Company reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion. We may accept various credit cards at any different times. However, by submitting an order through the Company Services or the Company Sites, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount using your credit card if we accept it.
You are solely responsible for your interactions with other members / users of the Company Sites and the Company Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Company Services. The Company reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
The Company, the Company logo, and other Company marks, graphics, logos, scripts, and sounds are trademarks owned by MAXXON, Ltd. and/or its subsidiaries and affiliates (The Company). None of the Company trademarks may be copied, downloaded or otherwise exploited.
The Company Services and the Company Sites are provided "as-is" and "as available" and the Company does not guarantee or promise any specific results from use of or continuous availability of the Company Services or the Company Sites.
To the fullest extent permitted by applicable law, the Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied for a course of performance or course of dealing.
Without limiting the generality of the foregoing, the Company makes no warranty that your use of the Company Services and the Company Sites will be uninterrupted, timely, secure or error-free, that defects to the company services will be corrected, that the Company Services and the Company Sites or the servers on which they are available will be free of viruses or other harmful components, or that any information obtained by you on, through or in connection with the Company Services or third party services or the Company Sites (including, but not limited to, through User Content or third party advertisements) will be accurate, reliable, timely or complete.
Under no circumstances will the Company be responsible for any loss or damage (including but not limited to loss of data, property damage, personal injury or death) resulting from use of the Company Services and the Company Sites, problems or technical malfunction in connection with use of the Company Services and the Company Sites, attendance at a Company event, any material downloaded or otherwise obtained in connection with the Company Services and the Company Sites, any User Content, any third party advertisement or third party service transmitted on, through or in connection with the Company Services and the Company Sites, or the conduct of any users of the Company Services and the Company Sites, whether online or offline.
Your use of User Content, third party advertisements, third party services and the goods or services provided by any third parties is solely your responsibility and at your own risk.
You acknowledge and agree that your use of the Company Services and /or the Company Sites, and any information transmitted or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. You assume responsibility for the entire cost of any maintenance, repair or correction to your computer system or other property or recovery or reconstruction of lost data necessitated by your use of the company services.
The Company provides the Company Services from and/or in Gibraltar. The Company does not represent that the Company Content or the Company Services are appropriate (or, in some cases, available) for use in other locations. If you use the Company Sites or the Company Services from a jurisdiction other than Gibraltar, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Company Sites or the Company Services.
Not all of the Site Products are available worldwide, and the Company makes no representation that you will be able to obtain any Site Product in any particular jurisdiction outside of Gibraltar.
This Agreement will be governed by, and construed in accordance with, the laws of Gibraltar. Subject to the applicable law, you agree that any cause of action you may have arising out of or related to this Agreement, the Company Sites or the Company Services must be commenced within 1 (one) year after such cause of action accrues. After such period, such cause of action shall be permanently barred.
You agree to indemnify and hold the Company, its Company Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of or in connection with your breach of your representations, warranties, covenants or agreements hereunder; your violation of this Agreement of use or any applicable law; your use of the Company Services and the Company Sites and/or the content in violation of this Agreement; information or content posted or transmitted through your authorized device or account, even if not submitted by you, that infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or entity or defames any person or entity; and any misrepresentation made by you.
You will cooperate as fully and as reasonably required in Company’s defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of the Company.
The Company may, from time to time, post Company employment opportunities on the Company Services and the Company Sites, and/or invite users to submit their CVs to it. If you choose to submit your name, contact information, CV and/or other personal information to the Company in response to employment listings, you are authorizing the Company to utilize this information for all lawful and legitimate hiring and employment purposes.
The Company also reserves the right, at its sole discretion, to forward the information you submit to its Company Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Company Services and the Company Sites will constitute a promise by the Company to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Company Services and the Company Sites constitute a promise that the Company will review any or all of the information submitted to it by users of the Company Services and the Company Sites.