Welcome to Mashed Life! By using Mashed Life, and signing up an account here, you agree to these
Terms and Conditions of Use (the "Terms and Conditions"), including those terms and conditions
incorporated by reference. If you do not accept these Terms and Conditions, you may not use the
Mashed Life service. Mashed Life may revise these Terms and Conditions at any time by updating
this posting. You should visit this web page periodically to review the Terms and Conditions. In
these Terms and Conditions, all services provided by and related to Mashed Life, and all text,
images, photographs, user interface, "look" and "feel", data and other content included at
mashedlife.com from time to time (including, without limitation, the selection, coordination and
arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service", including services for the user's smart phones delivered via our mmobile applications.
You acknowledge and agree that Mashed Life shall have the right (but not the obligation) in its sole discretion refuse, remove or suspend any User and/or Account that violates these Terms and Conditions. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that Mashed Life may access, preserve, and disclose your account information and encrypted content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Mashed Life, its users and the public.
1. Mashed Life Service In General
(a) Description. The Mashed Life Service is an online service where individuals that have signed up with Mashed Life as clients (each, a "Client") can create and save encrypted entries (each, an "Entry") containing confidential information. Mashed Life will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(f) below.
(b) Entries. You are solely responsible for maintaining your Entries. Your encrypted Entries will be stored on Mashed Life servers. Decrypted Entries are never stored on Mashed Life servers. Mashed Life staff is unable to read or decrypt Client Entries.
(c) Account Access. In order to access Mashed Life you must create an Account which is protected by a User ID and Password, chosen by yourself at the time of registration.
(d) Entries Access. In order to access your Entries, you must first login to your Account, You may change your passwords at any time from within your Account. Mashed Life will not access your account for any purposes other than helping Clients to log on to your destination service web sites.
(e) Stolen or Lost Access Data. You are solely responsible for maintaining your User ID and Password. Should you suspect that your Data has been stolen or intercepted, it is your responsibility to take immediate action to protect your Entries. Immediate action may include entering your Mashed Life account and changing this information immediately, or contacting Mashed Life using the Email registered within your Account, including a detailed description of the situation and which accounts are misused. DO NOT send your Password via email to Mashed Life under any circumstances.
(f) Packages. Mashed Life offers the free service to up to 50 accounts per user.
(g) Upgrades. Additional packages and paid upgrades may be made available in the future.
(h) Inactive Accounts. An account will be deemed inactive when there has been no successful login to the Account for a 12 month consecutive span. Inactive Client Accounts will be notified by email to your registration email 90 days before cancellation. When an account is canceled, stored Entries may be lost.
(i) Unconfirmed Accounts. An account will be deemed unconfirmed when the confirmation code sent to the
email used at the time of registration has not been properly inputted into the Account. After an initial
grace period of 15 days, the account will be suspended for an additional 30 days. Should the Account remain
unconfirmed after this 30 day period, it will be canceled without further notice. When an account is
canceled, stored Entries may be lost.
(b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may manage Entries only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may (i) display the Web Site on an Internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under International copyright law, print copies of insubstantial portions of the Web Site.
(c) Prohibited Uses. Except as expressly permitted in these Terms and Conditions, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and with such further limitations or rules as may be set forth on the Web Site. Without limiting the foregoing, you agree not to store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (b) delete or revise any material or other information of any other user of Mashed Life; (c) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site; (e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from Mashed Life on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or (f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site. Furthermore it is forbidden to store critical data such as, but not limited to, financial data or access data to financial institutions, or any data which, if lost, stolen or destroyed, could result in personal or public catastrophe.
(d) Web Site Security. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Web Site; (iv) sending unsolicited email to any user of the Web Site, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. Mashed Life will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Mashed Life will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to remove any data in whole or in part.
(e) Operation of Web Site. Mashed Life shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. Mashed Life reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although Mashed Life intends to use commercially reasonable efforts to make the Web Site and Service accessible, Mashed Life makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. Mashed Life may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Mashed Life shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.
(f) Local Laws. Mashed Life uses strong encryption technology. The use of strong encryption technology is illegal in
some countries. It is the Client's responsibility to comply with any local legal requirements, this may mean refraining
from using the Mashed Life service in certain countries. Mashed Life is not responsible for providing information on
(a) Your User Identity. When you register as a Client, you will create a user identity (your "User Identity"), which will be your identity for purposes of interacting with the Web Site. Your User Identity will include a Password, and your email. Your email must be a working email to which you have access at the time of registration, and to which you can reasonably expect to continue to have access to. Should your email become outdated, you can update it from within your Account.
(b) You shall keep your password confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions. You shall immediately notify Mashed Life if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification, Pass or Packing Key, or (ii) any unauthorized use of your registration identification, Pass or Packing Key or of the Web Site. In the event of such loss, theft, or unauthorized use, Mashed Life may impose on you, at Mashed Life's sole discretion, additional security obligations.
(c) Security Breaches. If any unauthorized person obtains access to the Web Site as a result of any act or omission by
you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly
inform Mashed Life. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized
(a) Web Site and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between Mashed
Life and you, Mashed Life will own all right, title and interest in and to all copyright, trademark, service mark,
patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all
media now known or later devised, to the fullest extent provided under international law. You shall not remove, conceal
or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any
portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress
of Mashed Life, including "Mashed Life", without the prior written consent of Mashed Life, as determined in its sole
discretion, for each such use.
changed from time to time at Mashed Life's sole discretion. Notwithstanding the foregoing, Mashed Life cannot and does
not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of
any information submitted by you or any other person, including, without limitation, any information accessed by a
hacker or by any other malicious act.
(a) Responsibility for Content. Mashed Life shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, Mashed Life makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material that are communicated through, or posted to, the Service, whether by Members, Clients, Mashed Life or otherwise, nor does Mashed Life endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package, communicated through the Service, or posted to the Web Site, will be at your own risk.
(b) Links to Third-Party Services. The Web Site may contain links to third-party web sites or other services (the "Linked Content"). The Linked Content is not under the control of Mashed Life and Mashed Life is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. Mashed Life is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by Mashed Life of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." Mashed Life MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, USER IDENTITY OR LINKED CONTENT. Mashed Life DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Mashed Life DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Mashed Life OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(d) Release from Claims. Mashed Life makes no efforts to determine the identity of Clients beyond simply collecting a working email, Mashed Life cannot and does not confirm that any Client or other user is who they claim to be. Because Mashed Life does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release Mashed Life (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
(e) Indemnification. You hereby agree to defend, indemnify and hold harmless Mashed Life and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.
(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE
WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF Mashed Life OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Mashed Life'S TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO Mashed Life FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
(b) Amendment. No modification, amendment, or waiver of these Terms and Conditions or any part hereof shall be binding unless evidenced in writing and signed by Mashed Life.
(c) Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.
(d) Mutual Participation. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto.
(e) Headings. The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.
(f) Choice of Law; Forum. These Terms and Conditions shall be governed by the substantive law of the Delaware, USA, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the courts having jurisdiction in California, USA, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.
(g) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless Mashed Life agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. Mashed Life may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
(h) Waiver. The waiver by Mashed Life of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.
(i) Independent Contractors. The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
(j) Force Majeure. If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
(k) Capacity. The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.
(l) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions.