1. Introduction
Welcome to Your Company Name. These Terms of Service ("Terms") govern your access to and use of [Your Website URL] and any related services (collectively, the "Service") operated by Your Company Name ("we", "us", or "our").
Please read these Terms carefully before using our Service. By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
2. Definitions
Throughout these Terms, we may use certain terms with specific meanings:
- "Service" refers to the website [Your Website URL] and all services provided by Your Company Name.
- "User" refers to any individual who accesses or uses our Service.
- "User Content" refers to any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials that users submit, upload, post, or transmit through the Service.
- "Account" refers to a registered user's account on our Service.
- "Terms" refers to these Terms of Service.
3. Acceptance of Terms
By accessing or using our Service, you confirm that you have read, understood, and agree to be bound by these Terms of Service.
If you are using the Service on behalf of a business or organization, you represent and warrant that you have the authority to bind that business or organization to these Terms, and your agreement to these Terms will be treated as the agreement of the business or organization. In that case, "you" and "your" refers to both you and that business or organization.
Important: By using our Service, you also acknowledge and agree to our Privacy Policy, which is incorporated into these Terms by reference.
4. Eligibility
You must be at least 13 years old to use our Service. By using our Service, you represent and warrant that:
- You are at least 13 years of age;
- If you are under 18 years of age, you have the consent of a parent or guardian to use the Service;
- You have the legal capacity to enter into a binding agreement with us;
- You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country;
- You are not on any list of parties prohibited from receiving U.S. exports or services;
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
5. User Accounts
5.1 Account Creation
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
5.2 Account Security
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
5.3 Account Termination
We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
6. User Content
6.1 Content Responsibility
You are solely responsible for any User Content that you post, upload, link to, or otherwise make available via the Service. You agree that we are only acting as a passive conduit for the online distribution and publication of your User Content.
6.2 Content License
By submitting, posting, or displaying User Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed).
6.3 Content Representations
You represent and warrant that:
- You own or have the necessary licenses, rights, consents, permissions, and authority to use and authorize us to use all patents, trademarks, trade secrets, copyrights, or other proprietary rights in and to any and all User Content;
- Your User Content, and our use of such User Content as contemplated by these Terms, will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Your User Content does not violate any applicable law, regulation, or rule.
7. Prohibited Uses
You agree not to use the Service to:
- Violate any applicable law, regulation, or rule;
- Infringe the intellectual property rights of others;
- Upload, post, or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service);
- Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service;
- Harvest or collect email addresses or other contact information of other users from the Service;
- Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- Use the Service for any illegal or unauthorized purpose;
- Use the Service to generate unsolicited advertisements or spam;
- Use the Service to stalk, harass, or harm another individual.
8. Intellectual Property Rights
8.1 Service Content
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Your Company Name and its licensors. The Service is 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 Name.
8.2 Copyright Policy
We respect the intellectual property rights of others. If you believe that material available on our Service infringes your copyright, you may notify us by providing 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;
- Your contact information, including your address, telephone number, and 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 may remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
9. Third-Party Links
Our Service may contain links to third-party websites or services that are not owned or controlled by Your Company Name.
Your Company Name has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Your Company Name shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
10. Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is 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 Name, its subsidiaries, affiliates, and its licensors do not warrant that:
- The Service will function uninterrupted, secure, or available at any particular time or location;
- Any errors or defects will be corrected;
- The Service is free of viruses or other harmful components;
- The results of using the Service will meet your requirements.
11. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Your Company Name, its affiliates, officers, directors, employees, agents, suppliers, or licensors 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:
- Your access to or use of or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service;
- 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.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless Your Company Name, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
13. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
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.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Your 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.
15. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.