User’s Acknowledgment and Acceptance of Terms
1. No Refund
Each product or Service has, or will have, its own refund or return policy. Please refer to the individual product or Service policies for more information. Our general policy is no refunds unless otherwise stated in writing.
2. Modification of Terms
3. Description of Services
4. Promotional Codes and Credits
We may, in our sole discretion, create promotional codes that may be redeemed for product discounts subject to the following terms and any additional terms that We establish on a per promotional code basis (“Promo Codes”). Promo Codes must be used by their intended audience, for their intended purpose, and in a lawful manner. Promo codes may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us. Promo Codes have no cash value and may expire or be disabled by at any time, for any reason, prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms.
5. Registration Data and Privacy
In order to access some of the Services on this Website, you may be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
6. Disclosure of Data to Third Parties
7. Conduct on Website
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, blog comments, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any Content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; or
- You further agree not to:
- Make any unauthorized use of the Services, including collecting Usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretence;
- Circumvent, disable or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein;
- Engage in unauthorized framing of or linking to the Website;
- Trick, defraud or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- Interfere with, disrupt or create an undue burden on the Website or the networks or services connected to the Website;
- Attempt to impersonate another User or person or use the Username of another User;
- Sell or otherwise transfer your profile;
- Use any information obtained from the Website in order to harass, abuse or harm another person;
- Use the Services as part of any effort to compete with us or to provide services as a service bureau;
- Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Services to you;
- Delete the copyright or other proprietary rights notice from any Content;
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services;
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
- Disparage, tarnish or otherwise harm, in our opinion, us and/or the Website; and
- Use the Website in a manner inconsistent with any applicable laws or regulations.
8. Right to Terminate Accounts
9. Users Must Be Over Age 18
You represent that you are over the age of 18. We do not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service.
If we learn of any User under the age of 18, we will terminate that User’s account immediately.
10. User-Generated Content
You own your content, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove content if we need to.
- Responsibility for User-Generated Content. You may create content, written or otherwise, while using the Service (“User-Generated Content”). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
- Right to Post. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end Users any required terms.
- Ownership of User-Generated Content. Except for Content that originates from us, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership
of, control of, and responsibility for User-Generated Content you post. You may control access to your User-Generated Content through settings in your User account.
11. Contribution license
By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: (1) host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise; (2) prepare derivative works of, or incorporate into other works, such Contributions; and (3) grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide. You agree to waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You are solely responsible for your Contributions to the Website, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
12. Guidelines for Reviews
We may accept, reject or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers the reviews to be objectionable or inaccurate. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with the subject being reviewed; (2) your reviews should not contain profanity or offensive, abusive, racist or hate language, discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability, or references to illegal activity; (3) you should not be affiliated with competitors if posting negative reviews; (4) you should not make any conclusions as to the legality of conduct; and (5) you may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our Associates or partners.
13. Use of Recordings
Please note that service calls, webinars, or other audio or visual services may be recorded and can be used in the future by us for business and promotional materials or in conjunction with the sale of any products or Services unless you specifically request otherwise. If you would like to make such a request, please send an email to firstname.lastname@example.org.
14. Purchases and Payment
We provide different Service packages for your purchase. You agree to provide current, complete and accurate purchase information for all purchases made via the Website. You further agree to promptly update your account and financial information, including email address, payment method and credit or debit card expiration date, so that we can complete your transactions and contact you as needed.
- You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such purchases. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars.
- Fees may be charged on a per purchase basis or on a monthly or other recurring basis. If your purchase is subject to recurring charges, then you consent to us charging your payment method in advance on a recurring basis, without requiring your prior approval for each recurring charge. Recurring charges will continue until you notify us of your cancellation. Charges for renewal periods shall be calculated at the prevailing rates then offered by us.
- In the event you fail to make a timely payment, you will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such amounts. We reserve the right to suspend access to the Services in the event you fail to make a timely payment here under.
- We reserve the right to refuse any order placed through the Website. We also reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
- If you are not satisfied or believe there has been an error in billing, please contact our Customer Service Department by emailing us at email@example.com.
15. Third Party Websites and Information
This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express
16. Affiliate Disclosure
We may earn commissions from products or services reviewed or mentioned in blog posts as well as posted on other site pages. We earn money by using third party affiliate links to other sites that pay a referral commission.
- The opinions expressed here are ours or an approved representative and are not necessarily the opinions or views of any affiliates. We recommend products and services that we use or have researched.
17. Intellectual Property Information
music, sounds, and other material and services that can be viewed by Users on our Website. This includes message boards, chat, and
other original Content.
- Neither we nor our Associates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See the Copyright Infringement section below for a description of the procedures to be followed in the event that any party believes that Content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- You grant us the right to display images of products we create for you using your copyrighted designs and logos on our website or other promotional material for the purpose of promoting our services.
18. Copyright Infringement and Digital Millennium Copyright Act Policy
If you believe that material located on or linked to by us violates your copyright, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other Content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Customer Service
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may promptly remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.