"Provider", "We", "Us", "Our" means the Pagematics company who You Are Contracting With, Notices, Governing Law and Jurisdiction.
"You" or "Your" or "Client" means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity.
"Service" or "Services" means the products and services that are ordered by You and made available online by us.
Master Service Agreement: https://www.pagematics.com/content/859/1/master-service-agreement
Terms of Services: https://www.pagematics.com/content/173/1/terms-of-services
By visiting our site, purchasing our product, using our paid subscription you engage in our "Service" and agree to be bound by the following terms and conditions. These Terms of Conditions apply to all users and buyers of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to this policy, please do not use our Services. Your continued use of the Service following the posting of changes to this policy will be deemed your acceptance of those changes.
We reserve the right to refuse SERVICES to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Prices for our Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) with or without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Client acknowledges that all rights, title, and interest in and to the Services and the Software, together with its codes, sequences, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, or other related materials (collectively, the "Provider IP"), is, and at all times shall remain, the sole and exclusive property of the Provider. The Provider IP contains trade secrets and proprietary information owned by Provider and is protected by the United States copyright laws (and other laws relating to intellectual property). Except the right to use the Services, as expressly provided herein, this Agreement does not grant to Client any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Services or the Software. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, sell, distribute in any way other than as specifically permitted in this Agreement. Once you purchase an item and you pay the item price, you acquire a non- exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item. Provider claims no intellectual property rights over the content You upload.
All copyright and other intellectual property rights in and to all text, images, graphics, sounds, selection, and arrangement of the materials and other copyrighted works of Provider are proprietary to Provider and may not be copied for commercial use or distribution, nor may these materials or other copyrighted works be modified or reposted to other Web sites.
If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms.
Subject to the express permissions of these Terms, You and Provider will protect each other's Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use each other's Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this Section shall supersede any non-disclosure agreement by and between You and Provider entered prior to these Terms that would purport to address the confidentiality of Your Data and such agreement shall have no further force or effect with respect to Your Data, except to the extent any provisions thereof are intended or expressly stated to survive.
You agree that Provider and the service providers it utilizes to assist in providing the Service to You shall have the rights to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service, including, without limitation, in response to Your support requests. Any third party service providers We utilize will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service and will be subject to confidentiality obligations. The Provider may also access or disclose information about You, including Your Data, in order to comply with the law or respond to lawful requests or legal process.
Client may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that: Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; Exploits minors; Depicts unlawful acts or extreme violence; Depicts animal cruelty or extreme violence towards animals; Promotes fraudulent or dubious business schemes; or Violates any laws.
Accuracy: Client assumes full responsibility for acceptance of work or Services performed and agreed upon, as well as final proofing, verification of all contents and its licenses and accuracy. The provider is not responsible for errors or omissions.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
In using the Service, Client must behave in a civil and respectful manner at all times. Further, Client will not: Act in a deceptive manner by, among other things, Harass or stalk any other person; Harm or exploit minors; the Provider has the right, but not the obligation, to monitor all conduct on and content submitted to the Service.
Provider shall use commercially reasonable efforts to make the Services available on a 24x7 basis (twenty-four hours per day, seven days per week) during the Term, except for: (i) scheduled system back-up or other on-going maintenance as required and scheduled in advance by Provider, or (ii) for any unforeseen cause beyond Provider's reasonable control, including but not limited to internet service Provider or communications network failures, denial of service attacks or similar attacks, or any other reasons set forth in this Agreement.
Provider will monitor performance indicators on the systems and network infrastructure (its own and that of third party Providers) in order to gauge the overall performance of its hosting services, and will take reasonable steps to address systems and network infrastructure as required to maintain satisfactory performance of the Software. Provider further reserves the right to monitor and reasonably restrict Client's ability to use the Services if Client is using excessive computing resources which are impacting the performance of the Services for other subscribers. Provider agrees to notify Client in cases where it restricts such use and use good faith efforts to determine an appropriate alternative or workaround solution.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Term: This Agreement begins on the date client starts using the Service and continues as long as Client have an account with us.
Termination: Either party notifies the other party of termination, in writing, at least [15 days] before the end of the current subscription Term, in which case this agreement shall terminate upon the expiry of the applicable current Subscription Term.
Account Deletion: Client may request to disable or to delete Client account data at any time. Subscription accounts will remain active until the end of the subscription term and any renewal term.
Termination for Breach: Provider may suspend, disable, or delete Client account (or any part thereof) or block or remove any content Client submitted if Provider determines that Client have violated any provision of this Agreement.
Effect of Termination/Account Deletion: Upon termination, all licenses granted by Provider will terminate. In the event of account deletion for any reason, content that Client added may no longer be available. The provider shall not be responsible for the loss of such content.
Upon request by Client made within 30 days after the effective date of termination or expiration of this Agreement, Provider will make the Client Data available to Client for export or download. After that 30 - day period, We will have no obligation to maintain or provide Client Data, and may thereafter delete or destroy all copies of Client Data in Our systems unless legally prohibited.
Provider agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by a third party alleging that the Service infringes or misappropriates a third party's valid patent, copyright, or trademark (an "IP Claim").
The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees and sub-consultants (collectively, Provider) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Client's negligent or purposeful acts in connection with any data that client uploads into the software or service provided by Provider.
Neither the Client nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence.
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
We control and operate from our offices in United States. State of Texas and courts located in Collin County in the state of Texas shall have jurisdiction to adjudicate any dispute or litigation arising between the Provider and Client.