1. License Grant
Your Provider grants you a nontransferable license to use the Provider’s site (the “Site”) on the Service in order to view the Content the Provider has chosen to make available to you, based on the subscription plan or other arrangement you have entered into with your Provider. This TOU will govern any Content you view within the Service.
2. Fees and Refunds
Your Provider has made a decision regarding the amount it has chosen to charge you for access to the Content (if any) as well as any merchandise or related services it is making available through the Service. All decisions regarding the pricing for Content are made in the sole discretion of your Provider, except that some additional transaction fees are charged by Maestro or our service providers. The Site may also provide the option for you to leave gratuities for Content you particularly enjoy (“Tips”). Payments on the Service are made through a secure payment gateway made available to your Provider through the Service. Refunds and cancellations are solely in the discretion of your Provider, however Tips are nonrefundable in all circumstances. If you have questions about your Provider’s refund policy, please contact your Provider directly.
3. Account Information and Security
Your Provider may require you to register an account in order to access its Content and otherwise use its branded sections of the Service. You are fully responsible for the activities of your account and maintaining the confidentiality of account access information, including your password. You agree to immediately notify Maestro or your Provider of any actual or suspected compromise to your account access information or any other actual or suspected breach of security with regard to the Service or the Content. Maestro and your Provider are not liable for any harm you may encounter due to your failure to maintain the security of your account access information.
4. Acceptable Use
When using the Service, you must conduct yourself properly and appropriately in accordance with the Service’s policies and this TOU. Maestro and your Provider reserve the right to terminate or suspend your account in any circumstances in either of their sole discretion. Without limiting the terms above, you agree in particular to abide by the following requirements and restrictions in relation to using the Service.
Comply with all applicable rules and policies of the Service;
Comply with all applicable laws and governmental regulations;
Respect the intellectual property rights and other legal rights of others;
Treat other individuals with respect when interacting through the Service;
Access the Service only by logging in through your registered account (unless certain content is made available by your Provider without logging in).
You will NOT:
Falsely state or otherwise misrepresent your identity or allow another person or entity to access your account or assume your identity;
Violate any applicable laws or the rights of another person, including but not limited to privacy, publicity, and intellectual property rights;
Obtain or attempt to access or otherwise obtain any information, confidential or otherwise, through any means not intentionally provided through the Service;
Upload files to the Service that contain viruses or that may otherwise cause damage to the data, systems, or other property of Maestro, your Provider, or other persons;
Attempt to gain unauthorized access to any portion or feature of the Service or Maestro or Provider systems or networks, or probe, scan, or test the vulnerability of services provided by Maestro or your Provider, or breach the security or authentication measures of Maestro or your Provider;
Access Maestro through any means other than the interface(s) provided by your Provider, or use any means to scrape or mine any data or other content associated with the Service;
Post or transmit any unauthorized material.
6. Third-Party Sites
This Site may contain links to websites or applications controlled or operated by third parties (“Linked Sites”). Linked Sites are not under the control of Provider or Maestro, and we are not responsible for any Linked Site or for any viruses, malware, or other harms resulting from your use of a Linked Site. The inclusion of any link does not imply endorsement by Provider or Maestro. Provider and Maestro disclaim any representation, warranty, or guaranty regarding the Third-Party Sites, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-Party Site.
7. Intellectual Property Notices
The Site and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Service or Content except as expressly permitted by this TOU. The Site, Service, or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works.
Any Content you create or own and which you post or otherwise make available on our Service, such as comments posted to discussion boards, reviews of Content or products available on our Site, or other Content you may contribute (“User-Generated Content”) remains owned by you. In sharing any User-Generated Content, you warrant and represent you have the legal right to use your User-Generated Content and you grant Provider an irrevocable, perpetual, royalty-free, fully paid up, worldwide, non-exclusive license to reproduce, display, modify, distribute, create derivative works of, and otherwise use your User-Generated Content for any purpose whatsoever, including without limitation for advertising or other commercial purposes, in connection with providing the Site, or otherwise in connection with our business, without any obligation to provide notice or attribution to you with regard to any such use. When you post any User-Generated Content on our Site, it will be visible to others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on our Site. You understand that any unauthorized use of such intellectual property may result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, Provider, Maestro or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to seek immediate injunctive relief to prevent any such unauthorized use.
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) you submit to us through the Site or Service or otherwise will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as our confidential information. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
8. Digital Millennium Copyright Act Compliance
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on or from the Service infringes your copyright, you may request removal of that Content from the Service by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the service are covered by a single notification, a representative list of such works from the service;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has 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;
(vi) a statement that the information in the notification is accurate; and
(viii) under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Upon removing any allegedly infringing material, we will notify the alleged infringer of such takedown.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. It is our policy to terminate the accounts of repeat infringers, in accordance with the DMCA.
Our designated copyright agent or authorized official to receive notifications and counter-notifications of claimed infringement is:
9. NO WARRANTY
THE SERVICE, THE SITE, THE CONTENT AND ANY MERCHANDISE OR RELATED SERVICES OFFERED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MAESTRO AND YOUR PROVIDER EACH DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE ARISING (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS, ACCURACY, AVAILABILITY, OR NON-INFRINGEMENT).
10. Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MAESTRO OR YOUR PROVIDER BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFIT, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE. THE TOTAL CUMULATIVE LIABILITY OF MAESTRO AND PROVIDER TO YOU IN RELATION TO THE CONTENT, YOUR USE OF THE SERVICE, ANY PURCHASES OR OTHER TRANSACTIONS YOU MAKE THROUGH THE SERVICE, AND THIS TOU, FOR ALL CLAIMS AND REGARDLESS OF THE THEORY OF LIABILITY, WILL NOT EXCEED US $100.
You agree to defend, indemnify and hold harmless Provider and Maestro and each of their related entities, licensors and service providers 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 this TOU or your use of the Site or Service, including, but not limited to, any use of the Content, services, or products other than as expressly authorized in this TOU.
12. Modifications to TOU
Your Provider may modify this TOU at any time upon notice to you, or by posting the modified version online so that it is readily accessible through the Service, and your continued use of the Service will constitute your acceptance of the modified TOU in full. Please check regularly so you are aware of the most recent version (as indicated by the “Last Revised” date below).
You may not transfer your access to the Service to any other person, nor may you assign or delegate any of your rights or obligations under this TOU, and any attempt to do so will be void. No waiver by us of any rights or remedies under this TOU will be effective unless made in writing and signed by our authorized representative. This TOU constitutes the entire agreement between you and your Provider with regard to the Service and your use of the Content. Any finding that a provision of this TOU is invalid, illegal or unenforceable will not diminish the effect of any other provisions, which will remain in full force and effect.
Should you have any questions about this TOU, please feel free to contact firstname.lastname@example.org.