1. You must comply with all the terms of these Terms of Service in order to use the Services.
2. You must be 13 years or older to use the Services.
3. Should you create a login and apply for an account (a "Mahalo Account"), you must provide accurate and complete registration information, and you are responsible for any activity that occurs under your username. Multiple accounts will lead to all accounts being closed.
4. You are responsible for keeping your password secure.
5. You must not use the Services to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights (including rights of privacy and publicity) of others.
6. You must not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, or links ("Content") that you submit, post, display and/or distribute on or through the Services.
8. You must not modify, adapt, reverse engineer, or hack the Site or the Services (including any of its subpages or software provided on or through the Site) or modify another website so as to falsely imply that it is associated with Mahalo.
9. You must not create or submit unwanted email to any of Mahalo's members ("Spam").
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. You must not, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, proprietary rights and copyright laws).

• Violation of any of these Terms of Services will result in the termination of your Mahalo Account. While Mahalo prohibits such conduct and content on its Site, you understand and agree that Mahalo cannot be responsible for the Content posted on its Site by members, and you nonetheless may be exposed to such materials and that you use the Services at your own risk.

1. We reserve the right to modify or terminate the Services for any reason, without notice, at any time.
2. We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you via internet mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
3. We reserve the right to refuse service to anyone for any reason at any time.
4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are advertisements, unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. In addition, you agree that any Content you provide shall not contain any advertisements or links to any of your affiliate websites (directly or indirectly - such link, an "Affiliated Link"), and you agree that whether any such link constitutes an Affiliated Link shall be determined by Mahalo, in its sole discretion.
5. We encouraged you to use discretion while browsing the Internet using links initiated at the Site. Links presented on the Site may unintentionally lead to other sites containing information that some people may find inappropriate or offensive; sites which contain inaccurate information, false or misleading advertising; or sites containing information which violates copyright, libel or defamation laws.
6. You agree and acknowledge that you have no expectation of privacy with respect to the Internet in general. For more information on Mahalo's privacy policy, please visit http://www.mahalo.com/Privacy_Policy.
7. These Terms of Services are effective as of the time you first access the Site and shall continue in full force and effect until terminated as follows:
   • • a.   You may terminate your Mahalo Account for any reason or no reason at any time. In the event you have registered for a Mahalo Account to use the Services, once you terminate your membership, you shall have no further rights or privileges to use the Services; or
     • b.   Mahalo may terminate your Mahalo Account and access to or use of the Services for any reason or no reason, with or without notice, at any time.

• (These basic and general terms were inspired by Twitter, whose terms of service were inspired, with permission, by Flickr.)

1. Mahalo's Trademarks. Unless there is a written agreement between you and Mahalo, you understand and agree that nothing in these Terms of Service gives you the right to use Mahalo's trademarks, tradenames, service marks, logos, domain names, and any other distinctive brand features.
2. You own your Content. We claim no intellectual property rights over the Content you provide to the Services through your Mahalo Account. Your profile and materials uploaded remain yours.
3. You give Mahalo permission to use your Content. By submitting any Content to the Site, you agree to grant Mahalo and its users permission to access and use your Content. As such, you hereby grant to Mahalo a non-exclusive, worldwide, assignable, sublicensable, royalty-free license to publish, use, reproduce, distribute, transmit, adapt, modify, create derivative of, provide user access to, publicly perform and publicly display, in every manner and medium now or hereafter known, any and all Content (in whole or in part) solely for the purpose for which such Content was submitted. This license shall be in effect for so long as such Content remains on the Site, and will terminate at the time you or Mahalo removes such Content from the Site. Mahalo shall have no obligation to use or take any action with respect to any Content.
4. You can notify Mahalo of possible copyright infringement. Mahalo undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
   1. A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
   2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
   3. A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit Mahalo to locate the material;
   4. Your contact information, including your address, telephone number, and email;
   5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
   6. A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
   7. Digital Millennium Copyright Act (DMCA) notifications can be sent to copyright at mahalo dot com or Mahalo.com, Inc., 902 Colorado Avenue, Santa Monica, CA 90401.
5. Your Comments. By submitting ideas, comments, suggestions, documents, and/or proposals ("User Comments") to Mahalo through the Services, you agree to grant Mahalo permission to use or disclose (or choose not to use or disclose), without any restriction or limitation, any such User Comments for any purpose, in any way, in any media worldwide. In order to allow Mahalo to use your User Comments, you acknowledge and agree that: (a) Mahalo is not under any obligation of confidentiality, express or implied, with respect to such User Comments; (b) Mahalo may have under consideration or in development something similar to such User Comments already; and (c) you are not entitled to any compensation or reimbursement of any kind from Mahalo under any circumstances for such User Comments.

• Private questions, and their answers, are only visible to you and the person you asked the question. However, Mahalo does not guarantee absolute confidentiality. Private questions could be viewed by other people in response to a court order, or if internet traffic is intercepted, or due to a programming bug or administrative error.

• Without limiting any other remedies, Mahalo may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of the terms of this Agreement. If Mahalo suspends or terminates your account, you may not open a new account, under your name, a fictitious name or someone else's name. Any tips accumulated under such an account will not be paid out and will be the property of Mahalo.

Users can "claim" a Mahalo page by going to an unclaimed page, or building a new one, and then clicking the "Claim this Page" button. They are then considered the "manager" of the page. Page Managers are responsible for providing 1 high-quality update to their page every 10 days, and keeping the page overall maintained, up-to-date and factual. Should a Page Manager fail to update a page more than 10 days, and e-mail will be sent to them reminding them to edit the page. Once 15 days have passed with an edit, the page will be taken away from the manager and either returned to full management by Mahalo or recirculated into the community. Mahalo reserves the right to take a page back from a Page Manager at any time for any reason.

The revenue from claimed pages will be split between Mahalo and the Page Manager, with Managers receiving their funds in the form of Mahalo Dollars. No funds can be removed from the system until a user has earned at least M$150. Upon the second withdrawl of Mahalo Dollars, users may be required to fill out a W-9/W-8 form for tax purposes.

Users can accept work assignments through the Mahalo Tasks system in exchange for Mahalo Dollars. When creating a Task, a Mahalo staff member will decide on set parameters, including the time in which the Task must be completed, the amount of Mahalo Dollars the user will receive as a tip and the minimum level a user much have reached in order to accept the task. Before taking on a Task, a user must meet the baseline requirements - including having a valid Mahalo profile, and meeting the pre-requisite belt and point level.

Upon completion of a Task, users will submit their work to a Mahalo staff member, who will perform a thorough evaluation, known as a Quality Check (or QC). This involves grading the work based on completeness, accuracy, formatting, length and accordance with Mahalo style. After the Quality Check has been performed, one of three steps can be taken:

1. The page is accepted into Mahalo and the user who completed the task receives the set tip, in Mahalo Dollars, that was assigned to that Task by Mahalo staff.

2. The page is rejected but the user is given the option of re-submitting the task with improvements based on feedback from Mahalo staff.

3. The page is rejected and the original user is not allowed to resubmit. The task can then either be removed from the system or reassigned to another user.

Tasks must be completed by the pre-set deadline. If the deadline expires, the tip will be rescinded, regardless of whether or not the user eventually completes the work. Mahalo reserves the right to remove a task from the system or reject a user's work on a task for any reason at any time.

• If you have not logged into your account in 12 months, your account will be considered inactive and your account balance will become the property of Mahalo.

• SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONLY THE LIMITATIONS AND EXCLUSIONS BELOW WHICH ARE LAWFUL IN OUR JURISDICTION WILL APPLY TO YOU, AND MAHALO'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT OF THE LAW.

1. DISCLAIMER OF WARRANTIES.
   1. MAHALO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE OR THE SERVICES.
   2. MAHALO DISCLAIMS (a) ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE SITE OR ANY OF ITS SUBPAGES; (b) ANY AND ALL RESPONSIBILITY FOR THE CONDUCT OF ANY USER OF THE SITE OR ANY VISITOR OF THE SITE; (c) ANY AND ALL RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND (d) ANY AND ALL RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERICAL ON THE INTERNET THROUGH THE SITE OR ANY OF ITS SUBPAGES.
   3. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAHALO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
2. LIMITATION OF LIABILITY.
   1. UNDER NO CIRCUMSTANCES WILL MAHALO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SITE, THE SERVICES, THE USE OF THE SITE OR THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, (i) YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SITE AND/OR THE SERVICES; (iii) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISION OR DATA; (iv) ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE AND/OR THE SERVICES; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE AND/OR THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT MAHALO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMIATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON MAHALO, THE SITE AND/OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
   2. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES.

• YOU AGREE TO HOLD HARMLESS AND INDEMNIFY MAHALO, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO (i) THE cONTENT YOU SUBMIT, TRANSMIT, POST OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES; (ii) ANY VIOLATION BY YOU OF THESE TERMS OF SERVICES; OR (iii) ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER.