1. Acceptance of Terms
Welcome to Your Company. By accessing or using our website, products, and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.
These Terms constitute a legally binding agreement between you and Your Company ("we," "our," or "us") regarding your use of the Services.
2. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Last Updated" date at the beginning of these Terms. Your continued use of the Services following the posting of updated Terms means that you accept and agree to the changes.
3. Account Registration and Security
To access certain features of the Services, you may be required to register for an account. When you register for an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form and to keep such information current.
You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. User Content
Our Services may allow you to create, upload, post, send, receive, and store content. When you do so, you retain any applicable intellectual property rights that you have in your content.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available content through our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content for the purposes of providing and improving our Services.
You represent and warrant that:
- You own the content or have the right to use it and grant us the rights and license as provided in these Terms
- The content does not violate or infringe upon the rights of any third party, including intellectual property rights, privacy rights, or rights of publicity
- The content complies with these Terms and all applicable laws and regulations
5. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services
- Transmitting spam, chain letters, or other unsolicited email
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity
- Violating any applicable law or regulation
6. Intellectual Property Rights
The Services and their original content, features, and functionality are and will remain the exclusive property of Your Company and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Your Company.
7. Copyright Infringement and DMCA Policy
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address
- 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
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
8. Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Services, or notify us that you wish to delete your account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Disclaimer
Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Your Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
10. Limitation of Liability
In no event shall Your Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
11. Indemnification
You agree to defend, indemnify, and hold harmless Your Company and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Services.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of [State/Country], without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Entire Agreement
These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.