These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and IX Design UK LTD, doing business
as Taskando ("Taskando", “we”, “us”, or “our”), concerning your access to and
use of the http://www.taskando.com, http://www.taskando.net and http://www.app.taskando.com
websites as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site, you have read, understood, and
agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL
OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or modifications to these
Terms of Use at any time and for any reason. We will alert you about any changes
by updating the “Last updated” date of these Terms of Use, and you waive any
right to receive specific notice of each such change. It is your responsibility
to periodically review these Terms of Use to stay informed of updates. You will
be subject to, and will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued use of the Site after
the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and
to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to
such laws, you may not use this Site. You may not use the Site in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who
are minors in the jurisdiction in which they reside (generally under the age
of 18) must have the permission of, and be directly supervised by, their parent
or guardian to use the Site. If you are a minor, you must have your parent or
guardian read and agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source
code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the trademarks,
service marks, and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws of the
United States, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no part
of the Site and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license
to access and use the Site and to download or print a copy of any portion of
the Content to which you have properly gained access solely for your personal,
non-commercial use. We reserve all rights not expressly granted to you in and
to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information
you submit will be true, accurate, current, and complete; (2) you will maintain
the accuracy of such information and promptly update such registration information
as necessary; (3) you have the legal capacity and you agree to comply with these
Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in
the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site; (6) you will not access the Site through automated
or non-human means, whether through a bot, script or otherwise; (7) you will
not use the Site for any illegal or unauthorized purpose; and (8) your use of
the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene,
or otherwise objectionable.
FEES AND PAYMENT
We accept the following forms of payment:
- Visa - Mastercard - American Express - Apple Pay - Google Pay
You may be required to purchase or pay a fee to access some of our services.
You agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Site. You further agree to promptly update account
and payment information, including email address, payment method, and payment
card expiration date, so that we can complete your transactions and contact you
as needed. We bill you through an online billing account for purchases made via
the Site. Sales tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be in GBP, EUR, or
USD. Once an accounted has been associated with a currency it cannot use switch
currencies.
You agree to pay all charges or fees at the prices then in effect for your purchases,
and you authorize us to charge your chosen payment provider for any such amounts
upon making your purchase. If your purchase is subject to recurring charges,
then you consent to our charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until you notify us
of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment. We also reserve the right to refuse
any order placed through the Site.
FREE TRIAL
We offer a 14-day free trial to new users who register with the Site. The account
will be charged according to the user’s chosen subscription at the end of the
free trial.
CANCELLATION
All purchases are non-refundable. You can cancel your subscription at any time
by logging into your account. Your cancellation will take effect at the end of
the current paid term.
If you are unsatisfied with our services, please email us at hello@ix-design.uk
or call us at 07847892437.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which
we make the Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or directory without
written permission from us. 2. Make any unauthorized use of the Site, 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 pretenses. 3. Use a buying agent or purchasing agent to
make purchases on the Site. 4. Use the Site to advertise or offer to sell goods
and services. 5. Circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Site and/or the
Content contained therein. 6. Engage in unauthorized framing of or linking to
the Site. 7. Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user passwords. 8. Make
improper use of our support services or submit false reports of abuse or misconduct.
9. 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. 10. Interfere with, disrupt, or create an undue burden on the
Site or the networks or services connected to the Site. 11. Attempt to impersonate
another user or person or use the username of another user. 12. Sell or otherwise
transfer your profile. 13. Use any information obtained from the Site in order
to harass, abuse, or harm another person. 14. Use the Site as part of any effort
to compete with us or otherwise use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise. 15. Decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site. 16. Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site. 17. Harass, annoy, intimidate,
or threaten any of our employees or agents engaged in providing any portion of
the Site to you. 18. Delete the copyright or other proprietary rights notice
from any Content. 19. Copy or adapt the Site’s software, including but not limited
to Flash, PHP, HTML, JavaScript, or other code. 20. 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
Site or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Site. 21. 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”). 22. 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 Site, or using or launching any unauthorized
script or other software. 23. Disparage, tarnish, or otherwise harm, in our opinion,
us and/or the Site. 24. Use the Site in a manner inconsistent with any applicable
laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or on the Site, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Site and through third-party websites.
As such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
1. The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party. 2. You are
the creator and owner of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site and these
Terms of Use. 3. You have the written consent, release, and/or permission of
each and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site
and these Terms of Use. 4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation. 6. Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as determined
by us). 7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone. 8. Your Contributions do not advocate the violent overthrow of
any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any
third party. 11. Your Contributions do not contain any material that solicits
personal information from anyone under the age of 18 or exploits people under
the age of 18 in a sexual or violent manner. 12. Your Contributions do not violate
any applicable law concerning child pornography, or otherwise intended to protect
the health or well-being of minors. 13. Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual
preference, or physical handicap. 14. Your Contributions do not otherwise violate,
or link to material that violates, any provision of these Terms of Use, or any
applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or suspension of your rights
to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions
accessible to the Site by linking your account from the Site to any of your social
networking accounts, 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 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, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any media channels.
This 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 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. We are not liable for any statements
or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact,
or otherwise change any Contributions; (2) to re-categorize any Contributions
to place them in more appropriate locations on the Site; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online
accounts you have with third-party service providers (each such account, a “Third-Party
Account”) by either: (1) providing your Third-Party Account login information
through the Site; or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that you are entitled to disclose
your Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and conditions
that govern your use of the applicable Third-Party Account, and without obligating
us to pay any fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account. By granting us access
to any Third-Party Accounts, you understand that (1) we may access, make available,
and store (if applicable) any content that you have provided to and stored in
your Third-Party Account (the “Social Network Content”) so that it is available
on and through the Site via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party Accounts you choose and subject
to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available
on and through your account on the Site. Please note that if a Third-Party Account
or associated service becomes unavailable or our access to such Third-Party Account
is terminated by the third-party service provider, then Social Network Content
may no longer be available on and through the Site. You will have the ability
to disable the connection between your account on the Site and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort
to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of identifying
and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account
by contacting us using the contact information below or through your account
settings (if applicable). We will attempt to delete any information stored on
our servers that was obtained through such Third-Party Account, except the username
and profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback,
or other information regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged
or actual infringement or misappropriation of any proprietary right in your Submissions.
U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition Regulation
(“FAR”) 2.101. If our services are acquired by or on behalf of any agency not
within the Department of Defense (“DOD”), our services are subject to the terms
of these Terms of Use in accordance with FAR 12.212 (for computer software) and
FAR 12.211 (for technical data). If our services are acquired by or on behalf
of any agency within the Department of Defense, our services are subject to the
terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation
(“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data
acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes,
any other FAR, DFARS, or other clause or provision that addresses government
rights in computer software or technical data under these Terms of Use.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations
of these Terms of Use; (2) take appropriate legal action against anyone who,
in our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation, notice,
or liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://taskando.com/privacy-policy.
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated
into these Terms of Use. Please be advised the Site is hosted in Ireland. If
you access the Site from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from applicable
laws in Ireland, then through your continued use of the Site, you are transferring
your data to Ireland, and you agree to have your data transferred to and processed
in Ireland. Further, we do not knowingly accept, request, or solicit information
from children or knowingly market to children. Therefore, in accordance with
the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge
that anyone under the age of 13 has provided personal information to us without
the requisite and verifiable parental consent, we will delete that information
from the Site as quickly as is reasonably practical.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any
material available on or through the Site infringes upon any copyright you own
or control, please immediately notify us using the contact information provided
below (a “Notification”). A copy of your Notification will be sent to the person
who posted or stored the material addressed in the Notification. Please be advised
that pursuant to applicable law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Site infringes your copyright, you should
consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Site. We also reserve the
right to modify or discontinue all or part of the Site without notice at any
time. We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related
to the Site, resulting in interruptions, delays, or errors. We reserve the right
to change, revise, update, suspend, discontinue, or otherwise modify the Site
at any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or to supply any corrections, updates, or releases in connection
therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the laws of the United
Kingdom, and the use of the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded. If your habitual residence is in the EU,
and you are a consumer, you additionally possess the protection provided to you
by obligatory provisions of the law of your country of residence. IX Design UK
LTD and yourself both agree to submit to the non-exclusive jurisdiction of the
courts of Edinburgh, Scotland, which means that you may make a claim to defend
your consumer protection rights in regards to these Conditions of Use in the
United Kingdom, or in the EU country in which you reside.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”)
brought by either you or us (individually, a “Party” and collectively, the “Parties”),
the Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract
shall be determined by one arbitrator who will be chosen in accordance with the
Arbitration and Internal Rules of the European Court of Arbitration being part
of the European Centre of Arbitration having its seat in Strasbourg, and which
are in force at the time the application for arbitration is filed, and of which
adoption of this clause constitutes acceptance. The seat of arbitration shall
be Edinburgh, United Kingdom. The language of the proceedings shall be English.
Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations and binding arbitration: (a) any Disputes seeking
to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from, allegations
of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim
for injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that portion
of this provision found to be illegal or unenforceable and such Dispute shall
be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction
of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions
and to change or update the information on the Site at any time, without prior
notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE
OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
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 SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use;
(4) any breach of your representations and warranties set forth in these Terms
of Use; (5) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act toward
any other user of the Site with whom you connected via the Site. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data relating to your use of
the Site. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you
have undertaken using the Site. You agree that we shall have no liability to
you for any loss or corruption of any such data, and you hereby waive any right
of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other communications
we provide to you electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED
BY US OR VIA THE SITE. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records,
or to payments or the granting of credits by any means other than electronic
means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site
or in respect to the Site constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure to act caused
by any cause beyond our reasonable control. If any provision or part of a provision
of these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use of the Site. You
agree that these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of signing by the parties
hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
IX Design UK LTD 47 Carter Drive Edinburgh, Scotland EH178GR United Kingdom hello@ix-design.uk
