PreambleThe eMashq Website (eMashq.com) belongs to the AtlaSoft company (view Legal Notice). These Terms of Service (the “Agreement”) are an agreement between eMashq (“AtlaSoft” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets for the general terms and conditions of your use of the products and services made available by AtlaSoft and eMashq website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional Policies and Agreements
- Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
- Acceptable Use Policy
- Additional terms may also be applied to certain Services, and are incorporated by reference herein as applicable. For example, if you design logo of a company with us, then the Logo Design Agreement of that company will also be applicable to you and would be incorporated herein.
- By registering for or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older. These Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and doing so is a violation of terms and conditions of this Agreement.
- In case you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on the behalf of such other party with respect to any action you take relating to the Services.
- It is your responsibility to provide accurate, current, and complete information on the registration forms. If there is any abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account including any purchase forms is always accurate, correct and complete. eMashq is not responsible for any lapse in the Services, including – but without limitation-, any lapsed artworks due to outdated contact information relating to the artwork. If you need to verify or change your contact information, you may contact eMashq Support Center to update your contact information. Bearing in mind that, providing false contact information of any kind may result in termination of your account. In some purchases or certain other cases, you may be required to provide government issued identification and possibly an ID scan to use for verification purposes. Failure of providing the requested information, may cause denial of your order.
- You agree to be fully responsible for any use of your account and for any action/s taken through using your account. It is your responsibility to maintain the confidentiality of your password and any other information related to the security of your account.
- The Service and any data you provide to eMashq is hosted in France unless otherwise provided. If you access the Service from outside of France, you are voluntarily transferring information (potentially including personally-identifiable information) and content to France. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of Tunisia. With regardless of the jurisdiction applicable in the place you are located.
eMashq ContentExcept for User Content (as defined below), all contents available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, in addition to their selection and arrangement, are the proprietary property of eMashq or eMashq’s licensors. eMashq Content must not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any mean, in whole or in part, other than as expressly permitted in this Agreement. You must not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of eMashq Content. Any use of eMashq Content, other than as it is specifically and authorized herein, must be authorized beforehand by and after written request to eMashq otherwise it is strictly prohibited and will automatically terminate your rights to use the Services and any eMashq Content. All rights to use eMashq Content that are not expressly granted herein, are reserved by eMashq and eMashq’s licensors.
User’s ContentYou may be able to upload, store, publish, display and distribute information, text, photos, and artworks on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your artworks hosted through the Services (“User’s Artworks”). By posting or distributing User Content on or through the Services, you represent and warrant to eMashq that: (i) you have all the necessary rights to post or distribute such User Content, and (ii) posting or distribution of such User Content by you, does not infringe or violate the rights of any third party. Solely for the purposes of providing the Services, you hereby grant to eMashq a non-exclusive, royalty-free, worldwide right and license to: (i) Using, reproducing, publicly perform, or publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) making archival or back-up copies of User Content and User Artworks. Except for the rights expressly granted herein, eMashq does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you. eMashq exercises no control on users, and have no any responsibility for, User’s Content or the content of any information passing through eMashq’s computers, network hubs and points of presence or the Internet. eMashq does not have any monitoring on User’s Content. However, you acknowledge and agree that eMashq may, but is not obligated to, immediately take any corrective action in eMashq’s sole discretion, including and not limited to removal of all or a portion of the User Content or User Artworks, and suspending or terminating of any and all Services in case of violation of the terms of this Agreement by you. You hereby agree that, eMashq shall have no any liability as result of any corrective action that may be taken by eMashq.
Third Party Products and Services
Third Party ProviderseMashq may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third-party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. eMashq does not have any representations or warranties regarding third party services and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. It is your responsibility to undertake all transactions with these third party’s providers and at your own risk. We do not warranty any accuracy or completeness of any information regarding a third party’s providers. eMashq is not an agent, representative, trustee or fiduciary of yours or a third-party provider in any transaction.
eMashq as reseller LicensoreMashq may act as a reseller or licensor of certain third party’s services, hardware, software and equipment used relating to the Services (“Non-eMashq Products”). eMashq is not responsible for any changes in the Services that may cause any Non-eMashq Products to become obsolete, and any required modification, alteration, or otherwise affect Services performance. Any malfunction or manufacturer’s defects of Non-eMashq Products, either sold, licensed or provided by eMashq to you will not be deemed as breach of eMashq’s obligations under expressed herein. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-eMashq Product are limited to those rights extended to you by the manufacturer of such Non-eMashq Product. You are entitled to use any Non-eMashq Product supplied by eMashq only relating to the use of the Services as permitted under this Agreement. You should not attempt to copy, alter, reverse engineer, or tamper with such Non-eMashq Product or to use it other than the that relating to the Services. You should not resell, transfer, export or re-export any Non-eMashq Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third party’s siteServices that may contain links to other websites that are not owned or controlled by eMashq (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, audio, video, information, and other contents or items belonging to or originating to third parties (“Third Party’s Content”). We have no any responsibility to words any Third Party’s Sites or Third Party’s Content accessed through the Services. Third Party’s Sites and Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. in case you have decide to access a Third Party’s Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware of that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data collection practices of any website which you navigate.
Account Security and eMashq Systems
- Users are ultimately responsible for all actions taken under their account. This includes the compromising of credentials such as user name and password. You are required to use a secured password. If a weak password is used, your account may be suspended until you agree to use a more secured password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, you will be notified to change or update your password in a limited time before suspending your account .
- Services; including all related equipment, such as networks and network devices are provided only for authorized customer use. eMashq may, but is not obligated to, monitor our systems, including without limitation, to ensure authorized use, to facilitate, protect against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using our Services, you consent us to monitor any kind of activity when needed for these purposes.
- Any account which causes us to receive an abuse report may be terminated and/or services suspension. in case you have not removed malicious content from your account after being notified of this issue by eMashq, thereby we have the right to leave services access as disabled.
- eMashq reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, due to local law or for technical or other reasons without notification.
Compatibility with the Services
- You fully agree to cooperate with eMashq in relating to eMashq provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may be dependent upon your performance of your obligations. eMashq is never responsible for any delays due to your failure to timely perform your obligations.
- Unless you have subscribed for a backup service from us with a different Policy Agreement -inconformity with our backup policy-, it is your own responsibility to make back-up for all Content, and including -but not limited to-, any Artworks. We do not warrant making back-up for any User Content, and you agree to accept the risk of loss of any or all User Content.