Template MS 2.0's Terms of Use
Introduction
Effective Date: March 9, 2017
This software is for your personal use and shall not be used for commercial endeavors, unless otherwise endorsed or approved by Template MS 2.0 (“Template MS 2.0”) or one of its licensees (each a “Licensee” and together “Licensees”). Template MS 2.0 and its Licensees have adopted this Terms of Use Agreement ("Agreement") to notify you of your rights and duties while using this software application and any related websites (“Websites”) (the software application and “Websites” may be referred to herein collectively as the “App”).
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE APP. THROUGH YOUR USE OF THE APP, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE APP. Template MS 2.0 RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION.
In the event Template MS 2.0 modifies, amends, or replaces this Agreement, the Effective Date, located at the top of this page, will change. Your use of the App after a change in the Effective Date constitutes your acceptance of any modification, amendment, or replacement.
- Warranties
You warrant that you are of sound mind and competent to agree to the terms of this Agreement and your use of the App does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or other entities located in the jurisdiction in which you live or conduct business. You further warrant that you are not prohibited from entering into this Agreement by the terms of any pre-existing agreement. If you are accessing or using the App on behalf of a governmental organization, non-governmental organization, or business Template MS 2.0, you warrant that you are an authorized agent of said organization or Template MS 2.0 and that you have the authority to bind said organization or Template MS 2.0 to the terms of this Agreement.
- Privacy Policy
Template MS 2.0 hereby incorporates its Privacy Policy by reference as if fully restated herein.
- Ownership of Content and Intellectual Property
Template MS 2.0 is the owner of all rights in, and to, the App and its associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. The App is subject to copyright and other intellectual property rights under the laws of the United States, foreign states, as well as international treaties, and Template MS 2.0 provides you with the right to use the App on a limited basis. You are expressly prohibited from using the App for any purposes not stated in this Agreement.
Template MS 2.0 hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the App for its customary and intended purposes. Use of the App for a purpose outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Template MS 2.0.
You are expressly prohibited from reproducing, preparing derivative works of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the App, whether in whole or in part, without the prior written consent of Template MS 2.0. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with Template MS 2.0’ robots.txt file.
- Registered Accounts
In order to obtain access to additional features or areas of the Website, or to purchase the Template MS 2.0 you may be required to register an account ("Account"). You may only use your Account and you are expressly prohibited from providing additional parties with access to your Account. You agree that, in registering an Account, you will provide Template MS 2.0 with accurate, compete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to Template MS 2.0. By creating an Account, you agree that Template MS 2.0 may contact you by any available means, including, but not limited to, by email.
Template MS 2.0 reserves the right to accept, reject, modify, suspend, or delete any Account at any time within its sole and absolute discretion.
By agreeing to these Terms of Use, User agrees to allow Template MS 2.0 to market new products and services to registered accounts.
- Acceptable Use of App and Licenses
Users warrant that any content uploaded or transmitted through Template MS 2.0 is owned by the user or such user has the appropriate rights to use the content in such a manner. The copyright of all content uploaded by users is retained by the users. Users warrant that any use of the App or transmission of content via the App will neither: (1) violate any term or condition of this Agreement; (2) violate the rights of third parties, including rights of privacy or publicity or intellectual property rights; nor (3) violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. By uploading or transmitting information using the App, Users expressly waive their rights to publicity and privacy with respect to the content.
- Copyright Policy
You acknowledge and agree that the Website is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. Template MS 2.0 will not be considered a speaker or publisher of any information provided by a third party using the App, regardless of whether Company chooses to remove, suspend, change, or amend such information.
The App is protected by copyright and such rights are owned by Template MS 2.0. Although Template MS 2.0 does not plan to host user-generated content, in the event that any user of the App uploads or posts information to a public or semi-public area of the App should such functionality become available, Template MS 2.0 will expeditiously respond to all duly issued notifications of copyright infringement that are sent to Template MS 2.0’ designated copyright agent pursuant to 17 U.S.C. § 512.
All notices of copyright infringement must contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Specific identification of the copyrighted works alleged to have been infringed;
- The location of the copyrighted works on the Website;
- The contact information of the notifying person(s) or Template MS 2.0, such as an address, telephone number, fax number, or email address;
- A statement that the notifying person(s) or Template MS 2.0 has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that the notifying person(s) or Template MS 2.0 is authorized to act on behalf of the copyright owner.
Upon receipt of a notice of infringement, Template MS 2.0 will undertake reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification. All counter-notifications must contain the following:
- Identification of the specific materials that have been removed from the Website;
- The contact information of the notifying person(s) or Template MS 2.0, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that the notifying person(s) or Template MS 2.0 has a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that the notifying person(s) or Template MS 2.0 has consent to the jurisdiction of the federal district court in which the notifying person(s) or Template MS 2.0 address is located or, if outside of the United States, that the notifying person(s) or Template MS 2.0 has consent to the jurisdiction of the federal courts where your service provider is located;
- A statement that the notifying person(s) or Template MS 2.0 will accept service of process from the notified party; and
- The notifying person’s(s) or Template MS 2.0 physical or electronic signature.
All notices of infringement and counter-notifications may be sent to: [COMPANYEMAIL].
- Indemnification
Users agree to hold harmless, defend, and indemnify Template MS 2.0 from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys' fees, arising out of or related to: (1) the creation or use of an Account; (2) the uploading or transmitting of User-generated content; (3) the violation of any term or condition of this Agreement; (4) the violation of the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (5) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. Users’ obligation to defend Template MS 2.0 will not provide Users with the ability or right to control Template MS 2.0’ defense, and Template MS 2.0 reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel in its sole discretion.
- Control of Operations
Template MS 2.0 reserves the right to accept, reject, modify, suspend, or delete any User or User-generated content at any time and within its sole and absolute discretion. Template MS 2.0 reserves the right to modify or discontinue the App or any of its associated services at any time, without notice, and in its sole and absolute discretion.
- Template MS 2.0 as Service Provider
You understand and agree that Template MS 2.0 provides an App service and takes no responsibility and cannot be held liable or responsible for any communication or conduct entered into by or between users of the App, whether through Accounts or otherwise. Template MS 2.0 makes no representations or warranties as to the truth or falsity of the description of any user’s communication or representations, the legality, quality, or safety of the services offered through the Website or by a user, or the qualifications associated with any Account, Product, or service, including, but not limited to, warranties of title or non-infringement.
Although Template MS 2.0 undertakes commercially reasonable efforts to verify the idTemplate MS 2.0 of its Account owners, and users, you understand and agree that Template MS 2.0 cannot be held liable or responsible for any claims, demands, liabilities, damages, awards, judgment, costs, or attorney's fees arising out of or related to any user's, Account owner's, or third party's failure to: (1) truthfully or accurately disclose their idTemplate MS 2.0 or their qualities or qualifications of any product, or services, offered by them; (2) comply with any applicable law, statute, regulation, ordinance, or treaty, whether local, state, national, or international.
You acknowledge and agree that Template MS 2.0 is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Template MS 2.0 may edit, remove, or control the content displayed through the Website, you agree that Template MS 2.0 will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the App or otherwise.
- Acceptable Uses
You agree that you will not use the App to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the App.
Specifically, you are prohibited from:
- Transmitting unsolicited commercial email messages through the App or to users of the App;
- Imposing a disproportionate load on the App or its server infrastructure or otherwise attempting to interfere with the operation of the App;
- Circumventing Template MS 2.0’ technological or security protection mechanisms;
- Using a robot, spider, scraper, or other automated technology to access the App;
- Attempting to gain access to the private data or personal information of a user of the App or a third party;
- Posting or transmitting content intended to collect personal or personally identifiable information from users of the App or third parties;
- Harassing a user of the App;
- Harassing a third party through your use of the App;
- Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
- Posting or transmitting content that infringes upon the intellectual property rights of other users of the App or third parties;
- Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
- Posting or transmitting any content in violation of 18 U.S.C. § 2257.
- Payment
Template MS 2.0 is a sales platform marketing laundry services, specifically wash and fold services. Users put in an order, which is paid by credit card or other a related financial instrument transmitted to Template MS 2.0 or one of its Licensees, which then either picks up the laundry from the User or collects laundry deposited by the User at a set physical address. Receipts will be generated by the site and sent to Users of the App.
All payments for services, products, information, or otherwise, offered through the App are non-refundable. You hereby authorize Template MS 2.0’s payment processing agent to charge your credit card (or other approved payment facility) in accordance with Template MS 2.0’s billing policy, which shall be displayed on the App. You further agree to pay all fees and charges on time, and Template MS 2.0 may terminate or disable your access to the App or your Account if you fail to pay any amount owing to Template MS 2.0 when due. You agree that you will pay all costs of collection, including legal fees, incurred by Template MS 2.0. In accordance with Template MS 2.0’s billing policy, Template MS 2.0 may require a membership period of a certain length with payments automatically deducted from Users’ accounts or as otherwise agreed to by Users.
You agree to pay all applicable taxes or charges imposed by any governmental Template MS 2.0 anywhere in the world in connection with your use of the App. All costs and fees are quoted and payable in United States Dollars, and You acknowledge and agree that Template MS 2.0 is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or Template MS 2.0’ payment processor. You agree that you will not initiate any chargebacks to Template MS 2.0 unless otherwise authorized by Template MS 2.0 in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Template MS 2.0.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Template MS 2.0 within ten (10) days of any such dispute. You understand that your failure to notify Template MS 2.0 of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
- Third Party Links
You acknowledge and agree that the App may contain links to third-party websites that are not owned or controlled by Template MS 2.0. Template MS 2.0 will not be held liable or responsible for the content of third-party websites, and you are advised to review the terms of use agreements and privacy policies of those websites.
- Term and Termination
This Agreement will remain in full force and effect until terminated under the terms of this Agreement. You may terminate your subscription by notifying Template MS 2.0 at [COMPANYEMAIL] in a signed writing stating your intent to terminate. Template MS 2.0 may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to a violation of a term or condition of this Agreement.
- Disclaimer of Warranties
Template MS 2.0 PROVIDES THE APP ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW. ANY WARRANTY PROVIDED IN CONNECTION WITH THE USE OF THE DEVICE MARKETED HEREUNDER AS THE Template MS 2.0 SHALL NOT IMPUTE ANY OR AFFECT THIS DISCLAIMER.
- Limitation of Liability
Template MS 2.0 WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF Template MS 2.0 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Template MS 2.0 WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF PROJECTS, PRODUCTS, OR REWARDS. Template MS 2.0 IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDTemplate MS 2.0, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. Template MS 2.0 RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.
- Indemnification
You agree to hold harmless, indemnify, and defend Template MS 2.0, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the App, your registration or use of an Account, your uploading or transmitting of User-Generated Content, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Template MS 2.0 under the terms of this Agreement will not provide you with the right to control Template MS 2.0’s defense, and Template MS 2.0 reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend Template MS 2.0.
- Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Template MS 2.0 may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the App.
- Choice of Laws
This Agreement shall be governed in all respects by the laws of the State of California. You agree that any claim or dispute you may have against Template MS 2.0 must be resolved by a court located in Los Angeles County, California. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
- Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
- Integration
This Agreement, and its incorporated Privacy and Copyright policies, constitutes the entire agreement between the parties with respect to the use of the App and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Template MS 2.0.
- Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
- Limitation on Actions
Template MS 2.0 AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
- Reservation of Rights
All rights not expressly granted herein are reserved to Template MS 2.0.