Terms Of Service

AGREEMENT TO OUR LEGAL TERMS

We recommend keeping a printed copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PRODUCTS

6. PURCHASES AND PAYMENT

7. RETURN POLICY

8. PROHIBITED ACTIVITIES

9. USER GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENSE

11. GUIDELINES FOR REVIEWS

12. SOCIAL MEDIA

13. ADVERTISERS

14. SERVICES MANAGEMENT

15. PRIVACY POLICY

16. TERM AND TERMINATION

17. MODIFICATIONS AND INTERRUPTIONS

18. GOVERNING LAW

19. DISPUTE RESOLUTION

20. CORRECTIONS

21. DISCLAIMER

22. LIMITATIONS OF LIABILITY

23. INDEMNIFICATION

24. USER DATA

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

26. SMS TEXT MESSAGING

27. MISCELLANEOUS

28. CONTACT US

1. OUR SERVICES

The information provided through our Services is not intended for distribution or use in jurisdictions where such actions would breach local laws or regulations, or where registration would be necessary. Therefore, individuals accessing the Services from other locations do so at their own risk and are responsible for adhering to any applicable local laws.

2. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights associated with our Services are either owned by us or licensed to us. This encompasses trademarks, service marks, and logos (collectively referred to as the “Marks”), as well as source code, databases, software, website designs, audio, video, text, photos, and graphics (collectively referred to as the “Content”). These Marks and Content are protected by copyright, trademark, and other intellectual property laws both domestically and internationally. They are provided solely for your internal corporate or personal, non-commercial use through our Services and are offered “AS IS.”

Your Use of Our Services

As long as you adhere to these Legal Terms, including the “PROHIBITED ACTIVITIES” section, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services
• Download or print copies of any content you’ve been authorized to access

Unless explicitly authorized by us, you may not duplicate, upload, post, publicly display, encode, translate, distribute, sell, license, or use any part of the Services, Content, or Marks for commercial purposes. If we do grant such permission, you must credit us as the owners or licensors and retain all copyright or proprietary notices.

We reserve all rights not expressly granted to you concerning the Services, Content, and Marks. Any infringement of these intellectual property rights will be considered a serious violation of our Legal Terms and will result in the immediate revocation of your access to our Services.

Your Submissions and Contributions

Please review this section along with the “PROHIBITED ACTIVITIES” section to fully understand (a) the rights you grant to us and (b) your responsibilities when posting or uploading content through our Services.

Submissions:

By submitting any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), you agree to transfer all intellectual property rights in these Submissions to us. We will own the Submissions and may use them for any lawful purpose, including commercial purposes, without owing you any acknowledgment or compensation.

Contributions:

When you interact with blogs, message boards, forums, or other features of our Services, you may create, upload, post, or display content, including text, audio, video, images, music, graphics, reviews, comments, and private data (collectively referred to as “Contributions”). Online submissions are also considered Contributions.

By sharing your Contributions, you grant us the right to use your image, name, voice, and other elements of your work for any commercial or advertising purpose. This license is broad, irrevocable, perpetual, non-exclusive, transferable, and royalty-free worldwide. It also covers the use of your name, company name, trademarks, and personal photos.

Your Responsibilities:

You are responsible for the content you post or upload. By sending Submissions or posting Contributions, you:

• Confirm that you have read and agree to our “PROHIBITED ACTIVITIES” policy and will not post any content that is illegal, hateful, defamatory, obscene, discriminatory, or otherwise unacceptable;
• Warrant any moral rights to such Submissions or Contributions where permitted by law;
• Warrant that your Submissions and Contributions are original or that you have the necessary rights and licenses to grant us the above rights;
• Warrant that your Submissions and Contributions are not confidential.

You are entirely responsible for your Submissions and Contributions and agree to compensate us for any losses resulting from breaches of these terms, third-party rights, or applicable laws.

We reserve the right to remove or edit your Content at our discretion and may suspend or disable your account and report you to authorities if necessary.

3. USER REPRESENTATIONS

By using the Services, you affirm that: (1) all registration information you provide is true, accurate, current, and complete; (2) you will maintain and update this information as necessary; (3) you have the legal capacity to agree to these Legal Terms; (4) you are not a minor in your jurisdiction, or if you are, you have parental permission to use the Services; (5) you will not access the Services through automated means, such as bots or scripts; (6) you will not use the Services for illegal or unauthorized purposes; and (7) your use of the Services will comply with all applicable laws and regulations.

If any information you provide is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future use of the Services (or any part thereof).

4. USER REGISTRATION

You may need to register to access the Services. You agree to keep your password confidential and are responsible for all activities carried out under your account and password. We reserve the right to remove, reclaim, or change any username you choose if we, at our sole discretion, find it inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We aim to accurately represent the colors, features, specifications, and other details of the products on the Services. However, your electronic display may not fully capture the actual colors and details. We do not guarantee that the features, colors, specifications, or other details will be accurate, complete, reliable, current, or error-free. Product availability is not guaranteed, and all items are subject to stock levels. We reserve the right to discontinue any product at any time for any reason. Additionally, product prices are subject to change.

6. PURCHASES AND PAYMENT

We accept the following payment methods:

• Visa
• American Express
• PayPal
• Mastercard

You are responsible for providing accurate, complete, and current information for each transaction conducted through the Services. To ensure smooth transaction processing and communication, you agree to promptly update your account and payment details, including your email address, payment method, and card expiration date. We reserve the right to adjust prices and apply sales tax as necessary. All payments must be made in US dollars.

You agree to cover all applicable charges at the current prices, including any shipping fees. By placing an order, you authorize us to charge your selected payment method for these amounts. We also reserve the right to correct any pricing errors, even after payment has been processed.

We may refuse any order at our discretion and reserve the right to limit or cancel quantities purchased per person, household, or order. This includes orders made with the same customer account, payment method, or billing and shipping address. Additionally, we may restrict orders that appear to be placed by dealers, resellers, or distributors based on our judgment.

7. RETURN POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

8. PROHIBITED ACTIVITIES

You may use the Services only for their intended purposes as specified by us and not for any commercial activities unless explicitly authorized. As a user, you agree not to:

1. Data Extraction: Systematically extract data or content to create collections, databases, or directories without our written permission.
2. Deception: Deceive, defraud, or mislead us or other users to obtain sensitive information like passwords.
3. Security Interference: Bypass, disable, or interfere with security features of the Services, including those that restrict content usage or enforce service limitations.
4. Reputation Damage: Disparage, damage, or harm our reputation or the Services.
5. Harassment: Use information from the Services to harass, abuse, or harm others.
6. Support Misuse: Misuse our support services or make false abuse or misconduct reports.
7. Legal Violations: Use the Services in violation of applicable laws or regulations.
8. Unauthorized Framing/Linking: Engage in unauthorized framing or linking to the Services.
9. Harmful Materials: Upload or transmit viruses, Trojan horses, or harmful materials, including excessive capital letters and spamming, that disrupt the Services.
10. Automated Systems: Use automated systems like scripts, data mining tools, or robots to interact with the Services.
11. Copyright Infringement: Remove copyright or proprietary rights notices from any content.
12. Impersonation: Impersonate another user or use someone else’s username.
13. Passive Information Collection: Upload or transmit materials that passively collect information, such as gifs, web bugs, or cookies.
14. Service Disruption: Interfere with or create undue burden on the Services or connected networks.
15. Harassment of Employees: Harass or threaten our employees or agents.
16. Access Restriction Bypass: Attempt to bypass access restrictions or preventive measures.
17. Software Tampering: Copy, adapt, or reverse-engineer any software related to the Services.
18. Unauthorized Automation: Use or distribute unauthorized automated systems or scripts to access the Services.
19. Buying Agents: Use buying or purchasing agents for transactions on the Services.
20. Email Harvesting: Collect usernames or email addresses for unsolicited emails or create accounts using automated methods or false pretenses.
21. Competition: Compete with us or use the Services and content for revenue-generating purposes.
22. Unauthorized Advertising: Advertise or offer goods and services for sale on the Services.
23. Profile Transfer: Sell or transfer your profile to others.

By following these guidelines, you contribute to a safe and respectful environment for all users of our Services. Violations may result in the suspension or termination of your account and access to our Services.

9. USER GENERATED CONTRIBUTIONS

The Services may allow you to engage in activities such as chatting, contributing to blogs, message boards, online forums, and other features, involving various types of content and materials, including text, videos, audio, photos, graphics, comments, and personal information (collectively referred to as “Contributions”). Please be aware that these Contributions may be visible to other users and potentially to third-party sites, so they should be regarded as non-confidential and non-proprietary.

By creating or sharing Contributions, you represent and warrant that:

1. Non-Infringement: Your Contributions do not infringe on any third-party rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
2. Ownership and Permissions: You either own the Contributions or have the necessary licenses, rights, consents, releases, and permissions for us and other users to use them as outlined in the Services and these Legal Terms.
3. Consent from Individuals: You have obtained written consent from any identifiable individuals in your Contributions to use their name or likeness.
4. Accuracy: Your Contributions are accurate and not misleading.
5. No Unsolicited Ads: Your Contributions are not unsolicited ads, promotional content, pyramid schemes, chain letters, spam, or other forms of solicitation.
6. Objectionable Content: Your Contributions are not obscene, lewd, violent, harassing, defamatory, or otherwise objectionable as determined by us.
7. Respectful Behavior: Your Contributions do not mock, disparage, intimidate, or abuse anyone.
8. Non-Violent: Your Contributions do not harass, threaten, or promote violence against any person or group.
9. Legal Compliance: Your Contributions comply with all applicable laws, regulations, and rules.
10. Privacy and Publicity: Your Contributions do not infringe on anyone’s privacy or publicity rights.
11. No Illegal Content: Your Contributions do not contain illegal content or harm minors.
12. No Offensive Comments: Your Contributions do not contain offensive comments related to race, national origin, gender, sexual orientation, or disability.
13. Adherence to Legal Terms: Your Contributions do not violate these Legal Terms or any applicable laws or regulations.

Failure to adhere to these guidelines may result in the suspension or termination of your access to the Services.

10. CONTRIBUTION LICENSE

By posting Contributions on our Services or linking your account to social networks, you grant us a broad, irrevocable, perpetual, and transferable global license. This license allows us to use, copy, display, sell, and distribute your Contributions (including your image and voice) for any purpose, including commercial use. We may also create derivative works from your Contributions, incorporate them into other works, and sublicense these rights. This license applies to all current and future media formats and includes the use of your name, company, franchise, and any trademarks or logos you provide. Additionally, you waive any moral rights associated with your Contributions.

While you retain full ownership of your Contributions and their intellectual property rights, you are solely responsible for their content and agree to hold us harmless from any legal claims arising from them. We are not liable for any statements or representations made in your Contributions.

We reserve the right to edit, redact, modify, re-categorize, or remove Contributions at our discretion and without prior notice. We are not obligated to monitor Contributions.

11. GUIDELINES FOR REVIEWS

We may provide sections on the Services for leaving reviews or ratings. When posting a review, please follow these guidelines: (1) ensure you have direct experience with the individual or entity being reviewed; (2) avoid using offensive profanity, abusive, racist, or hateful language; (3) refrain from making discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) do not reference illegal activities; (5) avoid posting negative reviews if you are affiliated with competitors; (6) do not judge the legality of conduct; (7) do not include false or misleading statements; and (8) do not organize campaigns to encourage others to post reviews, whether positive or negative.

We reserve the right to accept, reject, or remove reviews at our discretion and are under no obligation to screen or delete reviews, even if they are objectionable or inaccurate. Reviews do not represent our views or those of our affiliates or partners, and we are not liable for any claims, liabilities, or losses related to reviews. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and distribute all content related to the review.

12. SOCIAL MEDIA

As part of the Services, you can link your account to third-party service accounts (“Third-Party Accounts”) by either: (1) entering your Third-Party Account login details through the Services, or (2) authorizing us to access your Third-Party Account in accordance with its terms of use. You confirm that you have the right to share your Third-Party Account login information with us and/or grant us access to your Third-Party Account without violating any terms or incurring additional fees or restrictions imposed by the third-party provider.

By linking your Third-Party Accounts, you acknowledge that:

1. Access and Display: We may access, display, and store (if applicable) any content from your Third-Party Account (the “Social Network Content”) on the Services, including friend lists.
2. Information Exchange: We may exchange additional information with your Third-Party Account as notified when you link the accounts. Depending on your Third-Party Accounts and their privacy settings, personal information from these accounts may be visible on the Services.

Please be aware that if a Third-Party Account or its service becomes unavailable or is terminated by the provider, you may lose access to Social Network Content through our Services. You can disconnect your account from Third-Party Accounts at any time.

Your interactions with third-party service providers are governed solely by your agreements with them. We do not review Social Network Content for accuracy, legality, or infringement and are not responsible for it.

Access to Contacts

By linking your mobile device’s contacts list and email address book to a Third-Party Account, you consent to our use of this information to identify and notify you of contacts who also use the Services. You can disable this feature through your account settings or by contacting us directly. We will make every effort to remove any data obtained from the Third-Party Account from our systems, except for your username and profile photo.

13. ADVERTISERS

We provide space for advertisers to display their ads and information in various areas of the Services, including sidebar and banner ads. Our role is solely to facilitate the placement of these advertisements, and we have no other relationship with the advertisers.

14. SERVICES MANAGEMENT

We reserve the right, but are not obligated, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against any individual who, at our sole discretion, breaches the law or these Legal Terms, including reporting them to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (where technologically feasible) any of your Contributions or any part thereof, at our discretion; (4) remove or disable files and content that are excessively large or burdensome to our systems, without notice or liability; and (5) manage the Services to protect our rights and property and ensure their proper functioning.

15. PRIVACY POLICY

We are dedicated to protecting your data privacy and security. Please review our Privacy Policy for detailed information. By using the Services, you agree to comply with our Privacy Policy, which is an integral part of these Legal Terms. If you access the Services from a region with different laws or regulations regarding personal data collection, use, or disclosure, your continued use of the Services signifies your consent to the transfer and processing of your data as outlined in our Privacy Policy.

16. TERM AND TERMINATION

These Legal Terms remain in effect for as long as you use the Services. We reserve the right, at our sole discretion and without notice, to deny access to the Services (including blocking specific IP addresses) for any reason, including breaches of these Legal Terms or applicable laws. We may also terminate your access, participation in the Services, or delete your account and any posted content at any time without prior notice.

If your account is terminated or suspended, you are prohibited from registering or creating a new account under your name, a fictitious name, or the name of any third party, even if acting on their behalf. We also reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove content on the Services at any time, for any reason, and at our sole discretion, without prior notice. We are not obligated to update any information on the Services. Additionally, we may modify or discontinue all or part of the Services at any time, without notice. We will not be liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Services.

We cannot guarantee uninterrupted availability of the Services. Interruptions, delays, or errors may occur due to hardware, software, or other issues, including maintenance. We reserve the right to change, update, suspend, discontinue, or modify the Services at any time and for any reason without notice. You agree that we are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Services during periods of downtime or discontinuation. We have no obligation to maintain, support, or provide corrections, updates, or releases for the Services.

18. GOVERNING LAW

These Legal Terms will be governed by and interpreted in accordance with the laws of Patrick John Mendez LLC. You irrevocably consent to the exclusive jurisdiction of the courts for resolving any disputes that arise in connection with these Legal Terms.

19. DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising from or related to these Legal Terms, including issues concerning their existence, validity, or termination, will be resolved through arbitration. The arbitration will be conducted by the International Commercial Arbitration Court under the European Arbitration Chamber, located at Avenue Louise 146, Brussels, in accordance with its Rules. The proceedings will take place at this location and be conducted in the agreed-upon language. The substantive law governing these Legal Terms will be as specified.

Restrictions

Arbitration will be limited to disputes between the parties individually. To the fullest extent permitted by law: (a) no arbitration will be combined with other proceedings; (b) disputes cannot be arbitrated on a class-action basis or through class action procedures; and (c) disputes cannot be pursued in a representative capacity on behalf of the public or any other parties.

Exceptions to Arbitration

The following disputes are excluded from arbitration: (a) disputes involving intellectual property rights; (b) disputes related to theft, piracy, invasion of privacy, or unauthorized use; and (c) claims seeking injunctive relief. If any part of this provision is found to be illegal or unenforceable, it will be resolved by a competent court as specified above, and the parties agree to submit to that court’s jurisdiction.

20. CORRECTIONS

The following disputes are excluded from arbitration: (a) disputes concerning intellectual property rights; (b) disputes involving theft, piracy, invasion of privacy, or unauthorized use; and (c) claims seeking injunctive relief. Should any portion of this provision be found illegal or unenforceable, it will be addressed by a competent court as specified above, and the parties consent to that court’s jurisdiction.

21. DISCLAIMER

Disclaimer of Warranties

The Services are provided on an “as-is” and “as-available” basis. You agree to use the Services at your own risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy or completeness of the content on the Services, or on any linked websites or mobile applications, and will not be liable for any:

1. Errors, mistakes, or inaccuracies in content.
2. Personal injury or property damage resulting from your use of the Services.
3. Unauthorized access to or use of our secure servers and any personal or financial information stored therein.
4. Interruption or disruption of service transmissions to or from the Services.
5. Bugs, viruses, Trojan horses, or similar issues transmitted through the Services by third parties.
6. Errors or omissions in content or materials, or any loss or damage resulting from the use of content provided through the Services.

We do not guarantee or endorse any products or services advertised or offered by third parties through the Services or linked sites. We are not liable for any transactions between you and third-party providers. Please exercise caution and use your best judgment when making purchases or conducting transactions.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising from: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) your breach of any representations or warranties in these Legal Terms; (5) your violation of any third-party rights, including intellectual property rights; or (6) any harmful actions towards another user of the Services with whom you interacted. We reserve the right to assume exclusive control and defense of any indemnified matter at your expense, and you agree to cooperate with us in defending such claims. We will make reasonable efforts to inform you of any claim, action, or proceeding covered by this indemnification once we become aware of it.

24. USER DATA

We will retain specific data you transmit to the Services to manage their performance, as well as data related to your usage. While we perform regular backups, you are solely responsible for all data you transmit or that pertains to your activities on the Services. You agree that we are not liable for any loss or corruption of this data and waive any rights to pursue legal action against us for such loss or corruption.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Services, sending us emails, or filling out online forms, you engage in electronic communications. You consent to receive communications electronically and agree that all agreements, notices, disclosures, and other communications provided via email or through the Services fulfill any legal requirements for written communication. YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any rights or requirements under laws in any jurisdiction that demand original signatures, non-electronic records, or non-electronic payment methods.

26. SMS TEXT MESSAGING

**Opting Out** 

If you wish to stop receiving SMS messages from us, reply to the text with “STOP”. You may receive a confirmation SMS acknowledging your opt-out request.

**Message and Data Rates** 

Be aware that message and data rates may apply to any SMS messages sent or received. These rates are determined by your carrier and depend on your mobile plan.

**Support** 

For any questions or assistance regarding our SMS communications, please email us at [email protected].

27. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted by us on or related to the Services, represent the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms does not constitute a waiver of that right or provision. These Legal Terms are intended to operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act resulting from causes beyond our reasonable control. If any provision or part of a provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision or part will be deemed severable, and it will not affect the validity or enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by virtue of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us because we drafted them. You also waive any defenses related to the electronic form of these Legal Terms and the absence of signatures by the parties.

28. CONTACT US

To address a complaint about the Services or to obtain additional information on their use, please contact us.