Privacy Policy & Terms of Use Agreement

Welcome! In order to keep www.machesounet.com a healthy, vibrant online community, we have adopted the following Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.  

This is the official Terms of Use Agreement (“Agreement” or “Terms of Use”) for www.machesounet.com and represents your legally binding agreement with www.machesounet.com, a wholly-owned subsidiary of www.machesounet.com (collectively, “www.machesounet.com,” “we,” “us,” “ours” or “our”) regarding your use of www.machesounet.com,  its affiliated sites and all associated or affiliated web pages, services, mobile applications, features, functions and any other activities made available by www.machesounet.comm.  This Agreement governs only the content, features, and activities related to the Site.  For the purposes of this Agreement, when we use the term “www.machesounet.com” we are also referring to networks, programming, services, mobile applications, and websites offered by www.machesounet.com, including but not limited to, www.machesounet.com Mobile.  

The Site is offered and made available only to users 13 years of age or older who reside in Haiti or other countries, and certain features on this Site (including, but not limited to, user registration and newsletter sign-ups) may be subject to heightened age and/or other eligibility requirements.  If you are not yet 13 years old or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if, for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least 13 years of age or other required greater age for certain features, meet any other eligibility and residency requirements of the Site and agree to these terms. 

These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and www.machesounet.com. In this Agreement, the term “Site” includes all websites and webpages within www.machesounet.com, any equivalent, mirror, replacement, substitute or backup websites and webpages that are associated with the Site and any mobile applications which are provided by or interact with www.machesounet.com. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (“Additional Terms”). The Site may also provide rules of participation (“Rules”) for certain activities and services including, but not without limitation, contests and sweepstakes, award programs, membership clubs, and email. The Site’s Additional Terms, Privacy Policy, and Submission Agreement (governing your submission of any content) and the Rules (collectively, “www.machesounet.com Terms and Conditions”) are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement, the Privacy Policy, and Additional Terms or the Rules for the activity in which you choose to participate, the agreements shall govern in the following order of priority: first, the specific Additional Terms and Rules for the activity in which you choose to participate, second, this Agreement, third, the Submission Agreement and fourth, the Privacy Policy

This Agreement and the www.machesounet.com Terms of Use will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement and the www.machesounet.com Terms of Use, including any indemnification, warranties, and limitations of liability terms. 

The words “use” or “using” in this Agreement means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third-party content or sites or any links that may direct your browser or your connection to third-party sites or pages. This is the entire and exclusive Agreement between you and us regarding the use of the Site and it cannot be modified, except as specifically described below.

Any questions regarding the specific terms of this Agreement should be directed to [email protected]

We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address, or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content.

Privacy Policy if no personal data is collected

Privacy Policy info...

1. Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use our websites and application on google play or app store to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy and to use it to help you make informed decisions.

We collect Non-Personal Information such as Your browser type and IP address. Likewise, in order to offer You meaningful products and services and for other reasons, We may collect Personally Identifiable Information about You from the following sources:

Information You give us on applications or other forms on the Site and/or Software; or
Information You send us via any medium, including, but not limited to email, telephone, and your interaction; or
If You use a mobile device platform to access the Services or communicate, information transmitted from Your mobile device; or
Information purchased from third parties.

Provide a personalized experience for you:
Your experience on www.machesounet.com is unlike anyone else's: from the selling, buying, and other content you see in the site, such as in the Marketplace, and search. We use the data we have - for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products - to

Information and content you provide.  We collect the content, communications, and other information you provide when you use our Products, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. It can also include what you see through the features we provide, so we can do things like suggesting product recommendation filters that you might like or give you tips on using it. Our systems automatically process content and communications you and others provide to analyze context and what's in them for the purposes described below. 

Data with special protections: You can choose to provide information in your www.machesounet.com profile fields or your "interested,". This and other information (such as racial or ethnic origin, philosophical beliefs, or trade union membership) could be subject to special protections under the laws of your country.

Use and develop advanced technologies to provide safe and functional services for everyone:
We use advanced technologies - such as artificial intelligence, machine learning systems - so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos of a product shared on www.machesounet.com. We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our services.

Use of Cookies

The Site may send a "cookie" to Your computer. A cookie is a small piece of data that is sent to Your browser from a web server and stored on Your computer's hard drive. A cookie cannot read data off Your hard disk or read cookie files created by other sites. Cookies do not damage your system. Cookies allow us to recognize You as a user when You return to the website/app using the same computer and web browser and to monitor how you use the Site. We use cookies to identify which areas of Our site You have visited, so the next time You visit the site, those pages may be readily accessible. We also may use this information to better personalize the content that You see on the Site. We also use cookies to automatically capture activity on the Site, such as where You click, how You scroll through the Site, or what fields you enter text into. Most browser software can be set to reject Cookies. However, if You reject Our Cookies, certain functionality on the Site may not work correctly or at all.

In the course of optimizing the Service to Our Users, We may allow authorized third parties to place or recognize a unique cookie on your browser. Any information provided to third parties through cookies will not be personally identifiable but may provide general segment information for the enhancement of Your user experience by providing more relevant advertising. Our websites/Apps does not store unencrypted personally identifiable information in the cookies.

Use of Aggregate Data

Our website/Apps may combine Non-Personal Information You provide through the Site with information from other users to create aggregate data that may be disclosed to third parties. Aggregate information does not contain any information that could be used to identify You and does not include Your personal contact

When We May Disclose Your Information

Except as set forth below or as specifically agreed to by You, Our website/Apps will not disclose any Personally Identifiable Information as gathered from You on the Site.

A)

We may share Personally Identifiable Information in a limited fashion with Our contractors and service providers that perform services on our behalf, including, but not limited to, operation of the Site technology, marketing services, and other related services. Unless You have opted-out of such sharing, these contractors also may have access to Your email address to send newsletters or special promotions to You on Our behalf or to send emails to You for purposes such as conducting market research on Our behalf. Access to Your Personally Identifiable Information by such contractors and service providers is limited to the information reasonably necessary for the contractor to perform its limited function for our website/Apps. We also contractually require that such contractors and service providers: 1) protect the privacy of Your Personally Identifiable Information consistent with this Privacy Policy, and 2) not use or disclose Your Personally Identifiable Information for any purpose other than providing us with products and services as required by law.

B)

We may share Personally Identifiable Information We collect, as permitted by law, to companies such as credit reporting agencies, or servicing and processing companies, or when required or advised to do so in response to a valid legal requirement to release this information such as a state or federal law, regulation, search warrant, subpoena, or court order; or (2) in special cases, such as in response to a physical threat to You or others, to protect property, or defend or assert legal rights, to defend ourselves in litigation. In the event that We are legally compelled to disclose Your Personally Identifiable information to a third party, We will attempt to notify You unless doing so would violate the law or court order. C)

Finally, Ou website/Apps may provide content and services to You through websites other than Our own. Our website/Apps will not disclose Your Personally Identifiable Information to these 3rd party websites without Your consent, but You should be aware that any information You disclose on such sites is NOT subject to this Privacy Policy.

D)

If You prefer that We do not share certain information with Our contractors and service provider, as described above, You can direct us not to share that information by contacting us (Email). Please note that an opt-out with respect to information sharing will not apply to information sharing arrangements described Sections 8.A, B, or C.

Vendors and Sellers can create Stores through the marketplace console. As Stores will become a native part of the marketplace shopping experience, they must uphold the high level of trust marketplace has established with our shopping customers.\

2. Content acceptability

2.1 General content guidelines

Store content must provide a consistent, high-quality customer experience. The policies in this section apply to all products and content in your Store.

Your Store must: Be suitable for general audiences.

Not denigrate another company or product, for example, “better made than [company/brand/named product],” nor leverage another company name or product to promote other products.

Be in the primary language of the marketplace site on which the Store is displayed.

Creating Store Policies

*Machesounet.com charges a 5% commission fee for using the site when you sell a product directly on the site. This fee is the only charge for credit card and money transfer payments.*

Use correct grammar and punctuation.

Your Store must not contain marketplace trademarks or products, or references to marketplace products or services.

Contact details, such as full or partial email or web addresses or phone numbers

Content that encourages or promotes vandalism, anti-social behavior, or the defacing of public or private property.

Content that may be considered culturally inappropriate in the geographical location where the Store will be displayed.

Content that promotes hate, incites violence or intolerance, or advocates or discriminates against a protected group, whether based on race, color, national origin, religion, disability, sex, sexual orientation, disability, age, or another category.

Content that promotes practices that can result in the physical or mental harm of people or animals

Content that asks questions of, or speaks directly to the customer, such as the use of "you/your" (for example, “Are you looking for xxx, try this" or “Not getting the weight loss results you want?").

Content that encourages or glorifies smoking.

Content that glorifies or promotes the use of illicit drugs, abuse of legal drugs, drug paraphernalia or products to beat drug tests.

Content that revolves around controversial or highly debated social topics.

Content that promotes excessive or irresponsible consumption of alcohol.

Content related to campaigns, elections, or political issues of public debate; that advocates for or against a politician or a political party; or that personally attacks a political figure.

Cruelty toward people or animals.

Deceptive, false, or misleading content.

Depictions of minors (or people who appear to be minors) in peril, in adult or dangerous situations, or engaging in illegal activity. For example, around alcohol, drugs or tobacco, or handling firearms or other weapons.

The exploitation of sensitive events such as natural disasters, human-caused disasters, incidents of mass drama, or the death of public figures.

Fake functionality such as “Play” buttons or login requests.

Foul, vulgar, or obscene language or language containing profanity, including obfuscated text or inappropriate double meanings.

Misspellings, excessive punctuation, or incorrect grammar or punctuation.

Obscene, defamatory, libelous, illegal, invasive of another’s privacy.

Potentially embarrassing bodily functions or conditions, or private, intimate, or sensitive physical or medical conditions.

References to another company name or product to denigrate, compare or leverage the other brand or product to promote your product (for example, “better made than [other product]”). If you are communicating the compatibility of your product with other products in the headline, you must include the other brand or product in the latter part of the headline with a qualifying statement like “compatible with.”

Religious advocacy, whether advocating or demeaning a religion.

Shipping or delivery claims.

Time-sensitive promotions.

2.2 Call to action (CTA)

CTAs in images and text must be clear and direct.

Non-specific calls to action, such as “Click here” are not permitted.

CTAs must link to a product detail page, product grid, or another Store page and must be relevant to the content of that page. Examples of acceptable CTAs include: Shop now, Learn More, See more, See details.

CTAs must not use language that may pressure customers into taking action, such as “Last Chance” or “Don’t Miss Out," or emotionally charged language. 

2.3 Capitalization

Sentence case is recommended for all title and description text.

Capitalized words for common abbreviations (such as DIY), or where the registered product or brand names are capitalized are acceptable.

Copy that combines randomly capitalized words with lowercase text is not permitted, for example, “THIS headline is INCORRECT” or "CaMeL CaSe" or "This headline Is Incorrect".

2.4 Claims and comparative statements

Advertising claims in your Stores must be truthful and accurate.

You must have evidence in support of your advertising claims: If you make a claim about your brand in your Store, that claim must be substantiated within the Store, with the date and evidence to support that claim.

If you make a claim about your products, it must be clear which products this applies to and those products should be placed adjacent to the claim within the Store. Substantiation must be discoverable on the product detail page or the product packaging of the associated products.

2.4.1 Warranty and guarantees

The Store must clearly describe warranties or guarantees, including any applicable limitations.

The party responsible for honoring the warranty or guarantee must be disclosed in the Store and on the product detail page of applicable products.  

3.1 Interactive image

Clustered or obscure important elements of the underlying image, such as logos or text.

Used to obscure prohibited elements of the image.

3.3 General image and video guidelines

Images and videos must: Be high-resolution and must meet the minimum specifications for the selected tile.

Not be pixelated, obviously distorted, or stretched.

Videos: Must stream correctly and be relevant to the product and Store.

It should not be longer than 5 minutes.

3.3 Promotions & Featured deals Promotional messaging is only permitted when used with the Featured Deals widget.

Promotional messaging must: Only use general promotional language such as:

Discover our Savings/Discounts. See our Savings/Discounts.

Savings on Brand or Product Name.

Not include words or phrases intended to create urgency. For example, “Today only” or “Last Chance”

References to specific pricing or discounts (for example, $20 off or Save 5%).

Exclamation points, unless they are a part of the brand name.

4 Brand logo guidelines

We require the presence of your brand logo in your Store so that customers can identify you as the advertiser. As the brand logo may also be used for different ad formats it is important that your logo meets the below guidelines.

The logo must be your brand’s registered logo and not of the brand you are promoting unless you have the legal right to use the promoted brand logo. Brand Logos must:

Fill the entire image or be on a white or transparent background

Accurately reflect the brand or product you are promoting.

Brand logos must not be on a complex graphical background and must be visually appealing. Logos cannot:

Be a product, ASIN (including cropped versions) lifestyle image or combination.

Be used as an extension of the hero image nor contain additional text.

Be a combination of logos.

Contain crowded or cluttered elements.

5 Product acceptability

All products must be suitable for general audiences and appropriate for the locale in which the Store is displayed.

The following types of products are prohibited in Stores globally:

Adult products: Pornography or related content. See section 2. Restrictions for Products, for details on permitted adult products.

Beauty and Personal Care: products that claim to permanently physically change natural body properties are prohibited.

Competition and sweepstakes.

Drug testing kits.

Disease diagnostic kits.

Digital and computer hacking services and products.

Etching creams, and other caustic creams, gels, liquids, or solutions.

False document services.

Food and supplements that contain ephedrine alkaloids, Salvia divinorum, or salvinorin A.

Get-rich-quick products.

Gender prediction tests.

Graffiti-related paints, markers, creams, nozzles, refills, and "how-to" videos and other content.

Illicit and recreational drugs and drug-related paraphernalia.

Medical devices intended or marketed for professional use.

Nitrous oxide canisters and chargers.

Prescription drugs and devices.

Products that claim to diagnose, cure, mitigate, treat, or prevent a disease or addiction.

Products designed to be used for privacy invasion, such as spy cameras, or to evade law enforcement, such as a police radio scanner.

Products or content that promotes hate, incites violence or intolerance, or advocates or discriminates against a protected group, whether based on race, color, national origin, religion, disability, sex, sexual orientation, age, or another category.

Products related to gambling services.

Products that may infringe, encourage, or enable, the infringement of intellectual property or personal rights.

Profane or vulgar products or content.

Products that could be used for questionable or potentially dangerous activities, such as Fireworks.

Tattoo and body branding products.

Tobacco, e-cigarettes, vapes, and related accessories such as tobacco grinders, cigarette papers and cases, e-liquids, hookah accessories, and ashtrays.

UV tanning services and equipment.

Weapons 

6. Beauty products

Products in this category must not:

Ask questions of, or speak directly to the customer, such as the use of "you/your" (for example, “Embarrassed about the way you look? Then try this”).

Claim to permanently change a normal body function or condition.

Claim to diagnose, cure, mitigate, treat, or prevent a disease or addiction.

Contain before and after images or videos.

Directly reference private, intimate, or sensitive bodily conditions

7. Child safety

Products for children must not show the product being used in an unsafe way. For example, paddling pools or other products that could cause harm to the child if misused must show the product being used under adult supervision.

8. Medical products, Over-the-Counter (OTC) drugs, and supplements

Products in this category must not:

Claim to diagnose, cure, mitigate, treat, or prevent a disease or addiction.

Contain before and after images or videos.

Directly reference private, intimate, or sensitive bodily conditions.

Discourage customers from visiting a qualified medical professional.

Make unrealistic or unrelated claims as to the efficacy of the product.

9. Weight loss

Content must not speak directly to customers, such as “Are you struggling with your diet ?”, nor make any unrealistic or excessive claims, including, but not limited to:

That customers can lose weight by merely using the product without following a calorie-controlled diet or exercise program.

That results are effective for everyone, or that are permanent.

Weight loss of a specific amount over a defined period of time.

Substantial weight loss no matter what or how much the customer eats.

That a customer will lose weight by wearing a product on the body or rubbing it into the skin.

The agent agrees to sell the aforementioned Service/product(s) on behalf of the Haitianhollywood for a commission.

THEREFORE, the Parties agree as follows:

1.  Sales Authorization. Machesounet authorizes Agent to sell the following product(s) on behalf of Machesounet (the “sponsor packages or products”). The agent shall identify himself as a duly authorized agent of Machesounet for the sale of sponsor packages. 

2.  Guidelines for Sales. Agent must adhere to the following guidelines when selling the packages or products:

a. Product prices will be set by Machesounet.

b. Machesounet will provide all promotional materials for agents use to obtain sales.

c. Machesounet provides an online subscription process to be used by Agents in all package sales.

3.  Term. This Agreement shall commence upon the Effective Date, as digital agreed date.

4.  Sales Territory. The agent shall sell the Product in any geographical location.

5.  Commission Earnings and Payment Structure. The Parties agree Agent will be compensated as follows (20% commission):

6.  Machesounet-Agent Relationship. Machesounet engages Agent solely for the purpose of selling the products or sponsor packages listed in Section 1. The agent may only enter into contracts and/or agreements on behalf of Machesounet as it relates to the sale of said sponsor packages(s). The agent may not otherwise commit Machesounet to any other obligations whatsoever without a separate authorization from Machesounet. 

7.  Non-Compete. The agent will not sell a competing product for any competitor in the Sales Territory during the Term of this Agreement or for 2  years after the termination of this Agreement. 

8.  Confidentiality. During the course of this Agreement, it may be necessary for Machesounet to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Agent in order for Agent to successfully sell the packages. The agent will not share any of this proprietary information at any time. The agent also will not use any of this proprietary information for his/her personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party. 

9.  Termination. This Agreement may be terminated at any time by either Party upon written notice to the other party. Machesounet will be responsible for payment of all Commissions earned up to the date of termination. 

Upon termination, the Contractor shall return all Client content, materials, and all Work Product to Client at its earliest convenience, but in no event beyond thirty (30) days after the date of termination.

10.  Representations and Warranties. Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.

11.  Severability. In the event, any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable. 

12.  Waiver. The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege. 

13.  Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

14.  Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Haiti. The Parties each represent that they have the authority to enter into this Agreement.

15.  Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by US/Haiti law.

16.  Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

here are no representations, warranties, conditions, terms, or collateral contracts affecting the transaction contemplated in this agreement except as set out in this agreement.

Nothing in this agreement is intended to constitute a partnership or a master and servant relationship between the parties.

This agreement binds and benefits the parties and their respective heirs, executors, administers, personal representatives, successors, and assigns.

False or misleading representations.

The agent must not make false or misleading representations about products, packages, or services. The agent will be fully responsible for any action taking by the buyer/sponsor for any misleading about the packages or services. 

Examples of false or misleading claims

Some examples of business behavior that might be misleading are:

- A mobile phone provider signs you up to a contract without telling you that there is no coverage in your region

- A real estate agent misinforms you about the characteristics of property by advertising 'beachfront lots' that are not on the beach

- A jewelry store advertises that a watch 'was' $200 and is 'now' $100 when the store never sold the watch for $200

- A business predicts the health benefits of a therapeutic device or health product but has no evidence that such benefits can be attained

- A transport company uses a picture of airplanes to give you the impression that it takes freight by air when it actually sends it by road

- A company misrepresents the possible profits of a work-at-home scheme or another business opportunity.

The Parties agree to the terms and conditions set forth above as demonstrated by their digital agreement.