Terms of Service Templates

Padlet has the following table of contents their Terms of Service agreement:

• 1. Accepting the Terms of Service 
• 2. Modifications to this Agreement 
• 3. Use of the Services 
• 4. Registration, Padlet URLs, and Security 
• 5. Privacy 
• 6. Content and Subscriber Content 
• 7. Use of Trademarks 
• 8. Warranty Disclaimer; Services Available on an "AS-IS" Basis 
• 9. Release From Liability 
• 10. Limitation of Liability 
• 11. Exclusions to Warranties and Limitation of Liability 
• 12. Termination 
• 13. Legal Disputes 
• 14. Miscellaneous 
• 15. Special Provisions for Subscribers Located Outside of the United States 
• 16. DMCA Copyright Policy 

This is an example of a clause from the Terms of Service of Padlet has in the agreement:

8. Warranty Disclaimer; Services Available on an "AS-IS" Basis 
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, PADLET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Padlet makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Padlet also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Padlet or through the Services, will create any warranty not expressly made herein. 

Shippable has the following table of contents their Terms of Service agreement:

• Terms and Conditions
• Account Terms
• Account Payment
• Account Termination or Cancellation or Termination
• Changes to the Shippable Service and Plan Prices
• Copyright and Content Ownership
• General Conditions
• Questions?

This is an example of a clause from the Terms of Service of Shippable has in the agreement:

Account Termination or Cancellation or Termination
You can cancel your account at any time. All your content and profile
information will be deleted from the Shippable Service immediately upon
cancellation and cannot be recovered once it is deleted.

Wonolo has the following table of contents their Terms of Service agreement:

• INDEPENDENT CONTRACTOR SERVICES AGREEMENT
• PAYROLL SERVICES AGREEMENT
• Appendix
• EMPLOYMENT RELATIONSHIP AND EMPLOYER OF RECORD
• HIRING REPRESENTATIONS, DISCLAIMERS AND LIMITATIONS
• PAYROLL SERVICES
• CONTROL OF WORKPLACE
• PAYROLL EMPLOYEE SUPERVISION AND LIMITATIONS ON SCOPE OF EMPLOYMENT
• COMPLIANCE WITH LAWS, RULES AND REGULATIONS
• EQUAL EMPLOYMENT OPPORTUNITY, WORKPLACE LAWS
• REQUIRED NOTIFICATIONS
• DISCLAIMERS
• CHANGE OF PAYROLL COMPANY
• GENERAL PROVISIONS
• Policy Against Sexual Harassment And Other Illegal Harassment
• 1.  DEFINITIONS
• 2.  WONOLOERS
• 3.  INDEPENDENT CONTRACTOR RELATIONSHIP
• 4.  CONFIDENTIALITY
• 5.  NO CONFLICTS
• 6.  REPRESENTATIONS AND WARRANTIES
• 7.  LIMITATION OF LIABILITY
• 8.  TERMINATION
• 9.  GENERAL PROVISIONS

This is an example of a clause from the Terms of Service of Wonolo has in the agreement:

4.  CONFIDENTIALITY
4.1  Use and Disclosure. From time to time, you may be given access to confidential information in the course of performing engagements that you receive through Wonolo. During the term of this Agreement and at all times thereafter, you will (a) hold all Confidential Information in strict trust and confidence, (b) refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted or required by this Agreement, and (c) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining Wonolo’s express prior written consent on a case-by-case basis. “Confidential Information” means any and all information related to Wonolo’s or any Customer’s business (including trade secrets, technical information, business forecasts and strategies, marketing plans, customer and supplier lists, personnel information, financial data, and proprietary information of third parties including Customers) that Wonolo and/or the Customer considers to be confidential or proprietary or Wonolo has a duty to treat as confidential.

Wranggle has the following table of contents their Terms of Service agreement:

• B. Payment, Refunds, Upgrading and Downgrading Terms
• C. Cancellation and Termination
• D. Modifications to the Service and Prices
• E. Copyright and Content Ownership
• F. Authorizations
• G. General Conditions

This is an example of a clause from the Terms of Service of Wranggle has in the agreement:

C. Cancellation and Termination
You are solely responsible for properly canceling your account via email to [email protected] of your Content will be immediately deleted from the Service upon cancellation.
This information cannot be recovered once your account is cancelled.If you cancel the Service before the end of your current paid up time period,
your cancellation will take effect immediately and you will not be charged again.ProxV, in its sole discretion, has the right to suspend or terminate your account and refuse any and
all current or future use of the Service, or any other ProxV service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of your Account or your access
to your Account, and the forfeiture and relinquishment of all Content in your Account.
ProxV reserves the right to refuse service to anyone for any reason at any time.

Pogoseat has the following table of contents their Terms of Service agreement:

• Privacy Policy
• ACCEPTABLE USES
• LICENSE TO USE WEBSITE
• REGISTRATION
• PRIVACY
• OWNERSHIP
• PURCHASES
• INFORMATION PROVIDED BY POGOSEAT
• FORUMS AND USER CONTENT
• SOCIAL MEDIA
• CLAIMS OF COPYRIGHT INFRINGEMENT
• ACCESS FROM OUTSIDE THE UNITED STATES
• PROMOTIONS
• MOBILE MESSAGING
• TERMINATION
• REMEDIES
• DISCLAIMERS
• LIMITATION OF LIABILITY
• INDEMNIFICATION
• JURISDICTION AND GOVERNING LAW
• ARBITRATION AGREEMENT
• SEVERABILITY
• Information Collected
• Security of Information Collected
• Non-Personally Identifiable Information.
• IP Protocol Addresses and Web Logs.
• Cookies.
• Pixel Tags.
• OpenID.
• Use of Non-Personally Identifiable Information.
• Use of Personally Identifiable Information
• On the Website.
• Communications.
• Administrative Matters.
• Fulfillment of Requests.
• Facilitation of Transactions.
• Internal Business Purposes.
• Shopping/Commercial Services.
• Email This to a Friend.
• Online Surveys/Sweepstakes and Contests.
• Data Retention.
• How Personally Identifiable Information We Collect Is Disclosed
• Affiliate Communications and Third Party Communications.
• Pogoseat Service Providers.
• Public Forums and Other Interactive Features.
• Online Surveys/Sweepstakes and Contests.
• Other Purposes.
• Collection of Information By Third Parties
• Co-Branded Pages.
• Transactions With E-Commerce Partners, Vendors and Advertisers.
• Job Postings.
• Third Party Advertising.
• Third Party Links.
• Opt-Out Policy
• Pogoseat Communications.
• Affiliate and Third Party Communications.
• Use of This Website by Children.
• Accessing, Updating or Deleting Information Collected About You.
• Offline vs. Online practices.
• Contacting Pogoseat Regarding this Website.
• Your California Privacy Rights.
• Policy Changes

This is an example of a clause from the Terms of Service of Pogoseat has in the agreement:

Use of Personally Identifiable Information

On the Website.
We may use PII you give us to better tailor your Pogoseat experience to your interests, to show you content in which you may be interested and to display the content according to your preferences.
Communications.
Unless you opt out, we may use your PII to send you information about Pogoseat and its services as well as promotional material on behalf of some of our partners. If at any time you change your mind and prefer to no longer receive such marketing communications from us, please see the "Opt-Out Policy" section below.
Administrative Matters.
Pogoseat reserves the right to contact you in the event of a change in the Website's User Agreement and/or this Privacy Policy, or to notify you of other administrative matters in connection with the Website (e.g., contacting you to facilitate, complete or confirm a transaction). Because this information may be important to your use of the Website, you may not opt-out of receiving such communications.
Fulfillment of Requests.
Pogoseat may use your PII to fulfill the purpose for which such PII was provided (e.g., using your name and email to confirm your registration or using your credit card information to fulfill your purchase).
Facilitation of Transactions.
Forms on the Website may sometimes be pre-populated with your PII in order to facilitate a transaction between you and Pogoseat.
Internal Business Purposes.
We may also use your PII for our internal business purposes, such as to target advertising, for data analysis, for audits, for fraud prevention and for other internal purposes.
Shopping/Commercial Services.
This Website may offer merchandise and/or other services, which may be offered by us or by one of our e-commerce partners. To the extent the merchandise and/or services are offered by one of our e-commerce partners, such e-commerce partner will be collecting and using the PII you provide. For more information regarding your transactions with our e-commerce partners, please refer to Transactions With E-Commerce Partners, Vendors and Advertisers, below.
To the extent Pogoseat is the entity offering a purchase service, when you make a purchase through the Website, we may collect your credit card number or other payment account number (for example, your PayPal account number), billing address (including zip code) and other information related to such purchase (collectively, "Payment Information") from you. We will use the Payment Information that you provide to bill you for your purchase and to fulfill your purchase. We may also use your Payment Information to allow us to ship or deliver merchandise and/or receipts to you, respond to customer service requests, review and enforce limits on the purchase services offered and to help prevent credit card fraud. By providing your Payment Information, you are authorizing us to give that information to third parties as necessary to confirm and fulfill your order (for example, to process your credit card or payment account number and to send you products you have ordered).
Email This to a Friend.
The Website may allow you to forward certain items posted on the Website or links to Website features by email or Instant Messenger to other parties who you believe may be interested. If you wish to use this feature, you may provide us with such other party's email address or Instant Messenger screen name so that we can facilitate your sending of such message to such other party. To do so, any PII you provide in connection with sending such other party the message, such as your name and your email address or Instant Messenger screen name, will, of course, be disclosed to such other party. While, due to technical restrictions, the recipient's email address or Instant Messenger screen names may be retained in our log files, we do not knowingly share it with third parties and we do not use this PII for any purpose except to send this one-time message (unless the recipient has already consented to such use of his/her PII).
Online Surveys/Sweepstakes and Contests.
From time to time, we conduct online surveys and offer online sweepstakes or contests on the Website (each, a "Promotion"), and we may collect PII in connection with the same. We may use your PII to contact you regarding your Promotion entry, or to contact you if you win a Promotion (if applicable). You should carefully review the rules, if any, of each Promotion in which you participate through the Website, as they may contain additional important information about Pogoseat's use of your PII. To the extent such rules conflict with this Privacy Policy, such rules will govern that particular Promotion.
Data Retention.
We will retain your information for as long as your account is active, as needed to provide you services and will use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Breezeworks has the following table of contents their Terms of Service agreement:

• Breezeworks Corporation Payments Terms of Service
• Changes
• Eligibility
• General Use
• Mobile Applications
• Using the Site and the Services on the Site
• Password Restricted Areas of this Site
• Memberships
• Purchases
• Electronic Communications
• Links to Third-Party Sites
• Unauthorized Activities
• Proprietary Rights
• Intellectual Property Infringement
• Submitting a DMCA Counter-Notification
• Termination of Repeat Infringers
• Disclaimer of Warranties
• Limitation of Liability
• Local Laws; Export Control
• Feedback
• General
• Contact Us
• Vendor Relationship with Breezeworks
• Purchaser Relationship with Breezeworks
• Compatible Mobile Devices and Third Party Carriers
• Limitations on Breezeworks’s Responsibility
• Our Fees
• E-Sign Disclosure and Consent
• Unauthorized, Restricted, or Illegal Use
• Our Role and Your Responsibilities
• Your Payment Authorization
• Accepted Forms of Payment
• Underwriting and Sharing Information
• Payout Schedule
• Reserve
• Account Balances
• Cardholder Data Security
• Taxes
• Customer Service Provided by Vendors
• Refunds and Returns Provided by Vendors
• Vendor’s Liability for Chargebacks
• How Breezeworks Handles Chargebacks
• Our Set-off and Collection Rights
• Dormant Accounts
• Receipts and Account Reconciliation
• Privacy
• Privacy of Others
• User Content
• Infringement by User Content
• Security
• Termination
• Your Right to Terminate
• Suspension or Termination by Us
• Effect of Termination
• Your License
• Breezeworks’ Intellectual Property Rights
• Indemnity
• Representations and Warranties
• No Warranties
• Limitation of Liabilities and Damages
• Third Party Products
• Disputes
• Binding Individual Arbitration
• Governing Law
• Limitation on Time to Initiate a Dispute
• Right to Amend
• Assignment
• Third Party Services and Links to Other Web Sites
• Other Provisions
• Survival

This is an example of a clause from the Terms of Service of Breezeworks has in the agreement:

Reserve
At any time and from time to time, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in a Breezeworks Account (“Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including high chargeback risk or indications of performance problems related to your use of the Service.

Updater has the following table of contents their Terms of Service agreement:

• Privacy and your Personal Information
• Accepting the Terms
• Changes to this Agreement
• User Account Information
• Notices, Alerts, and Other Emails
• Your Use of the Site and Services
• Updater's Services
• User Authorization and Certification
• Refunds
• Term
• Updater's Intellectual Property Rights
• Disclaimers
• Limitation of Liability
• Your Indemnification of Updater
• Claims or Disputes
• Miscellaneous
• Contact Updater

This is an example of a clause from the Terms of Service of Updater has in the agreement:

User Authorization and Certification
By using Updater's Services, you authorize Updater to act as your authorized agent to instruct, as applicable, third parties to, among other things:

Simplee has the following table of contents their Terms of Service agreement:

• Privacy
• Ownership
• Content License
• Account Registration
• Refund policy
• General Prohibitions
• Feedback
• Termination and Account Cancellation
• Disclaimers
• No Advice
• Indemnity
• Limitation of Liability
• Proprietary Rights Notices
• Controlling Law and Jurisdiction
• Entire Agreement
• Modification
• Assignment
• Notices
• Dispute Resolution
• General
• Contacting Simplee

This is an example of a clause from the Terms of Service of Simplee has in the agreement:

No Advice
NEITHER SIMPLEE NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, HEALTH OR FINANCIAL ADVICE. SIMPLEE IS NOT A HEALTHCARE OR FINANCIAL PLANNER OR ADVISOR. The Services are provided in order to assist you in organizing, understanding and managing your healthcare-related spending and are broad in nature and in scope. Your personal healthcare-related financial situations are personal to you, and any general information and advice obtained through the Services may not be appropriate or relevant for your personal situation. Accordingly, before making any final decisions or revising any financial or healthcare-related strategies, please consider obtaining additional information and advice from professional advisors who familiar with your personal circumstances.

Datadog has the following table of contents their Terms of Service agreement:

• 1. Description.
• 2. Subscription and Subscription Date.
• 3. Term.
• 4. Pricing and Fees.
• 5. Taxes.
• 6. Service Access and Use Rights.
• 7. Service Level Commitment.
• 8. Support.
• 9. Agents; Third-Party Content.
• 10. Restrictions and Limitations.
• 11. Rights Grants to Datadog.
• 12. Proprietary Rights.
• 13. Confidentiality.
• 14. Early Service Termination.
• 15. Effect of Expiration or Early Service Termination.
• 16. Representations and Indemnities.
• 17. Limitations of Liability.
• 18. Miscellaneous.

This is an example of a clause from the Terms of Service of Datadog has in the agreement:

9. Agents; Third-Party Content.
Datadog will make various application program interfaces (APIs), agents, libraries and other materials available at the Site or through the Service from time to time in its discretion to support Customer’s access and use of the Service (collectively, “Agents”). Customer acknowledges and agrees that: (a) the Agents may only be used on systems owned, leased or primarily operated by Customer, (b) the Agents are made available solely to support access and use of the Service, and Datadog has no liability with respect to any other uses of the Agents, and (c) certain of the Agents may include third-party content that is subject to open source license terms that may expand or limit Customers’ rights to use such content. Customer agrees to review any electronic documentation that accompanies the Agents or is identified in a link provided to Customer to determine which portions of the Agents are open source and are licensed under open source license terms. To the extent any such license terms require that Datadog provide Customer the rights to copy, modify, distribute or otherwise use any open source software in the Agents that are inconsistent with the limited rights granted to Customer in this Agreement, then such rights in the applicable open source license terms shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such open source software. Further, Customer acknowledges and agrees that all third-party content is governed by its respective terms and such terms are solely between Customer and the applicable licensor. Customer agrees to comply with such third-party terms (including open source license terms), as applicable, and Datadog has no liability with respect to third-party content under this Agreement.

Signpost has the following table of contents their Terms of Service agreement:

• 1. SERVICES
• 2. MODIFICATIONS TO THESE TERMS OF SERVICE
• 3. LICENSE
• 4. FEES AND BILLING
• 5. USE OF THE SERVICE
• 6. DATA PRIVACY
• 7. WARRANTIES, REPRESENTATIONS, AGREEMENTS
• 8. LIMITED WARRANTY
• 9. LIMITATION OF LIABILITY
• 10. SUPPORT
• 11. INDEMNIFICATION
• 12. TERM AND TERMINATION
• 13. Digital Millennium Copyright Act; Take Down Notice and Procedures
• 14. MISCELLANEOUS

This is an example of a clause from the Terms of Service of Signpost has in the agreement:

7. WARRANTIES, REPRESENTATIONS, AGREEMENTS




Authority. Merchant represents and warrants that (i) Merchant has full corporate right, power and authority to enter into these Terms of Service, (ii) the execution of these Terms of Service by and the performance of its obligations and duties hereunder do not and will not violate any agreement to which Merchant is a party or by which Merchant is bound, and (iii) when executed and delivered, these Terms of Service will constitute your legal, valid and binding obligation, in accordance with its terms.




Compliance with Law. In connection with the subject matter of these Terms of Service, Merchant agrees to, and warrants and represents that it shall, comply with all applicable United States Federal and State laws and regulations, including but not limited to any State or Federal laws that govern online promotions, offers, gift cards, coupons, and/or gift certificates data privacy and protection, sending of electronic marketing messages including but not limited to the CAN-SPAM Act of 2003, and HIPAA.



Validity of Offers. Merchant warrants that any Offer, upon claim by a customer whether on the Signpost Site or a Third-Party Partner Site or otherwise, shall be available for redemption by such customer. Merchant agrees to comply with the Offer terms and conditions as set forth in a particular Offer or any other advertising or marketing terms or Offers made available to Merchant's customers or potential customers via the Services, and shall at all times honor the terms of any Offer offered or otherwise promoted via the Services. This Section 7.3 shall remain in effect regardless of whether Merchant is currently using the Services.




Applications and Customer Data. Merchant represents and warrants: (i) that Merchant is solely responsible for its Customer Data, including without limitation, the security of such Customer Data; (ii) that Merchant has the necessary rights and licenses, consents, permissions, waivers and releases to use the Customer Data and to enable Signpost to use and disclose to Merchant the Customer Data as intended by the parties under these Terms of Service and the terms of any applicable Service Orders; (iii) that Merchant has a legally sufficient privacy policy or privacy notice that is made available to customers prior to their provision of any Personal Information to Merchant or Signpost; (iv) that use by Signpost of Customer Data (a) does not violate, misappropriate or infringe any rights of Signpost or any third party, (b) does not constitute defamation, invasion of privacy or publicity, or otherwise violate any rights of any third party, and (c) is not designed for use in any illegal activity or does not promote illegal activities, including, without limitation, in a manner that might be illegal or harmful to any person or entity; or (iv) does not distribute, share, or facilitate the distribution of unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.




Authorization and Account Information. Merchant represents and warrants that: (i) the information Merchant provides in connection with Merchant's registration for the Services is accurate and complete; (ii) if Merchant is registering for the Services as an individual, that Merchant is at least 18 years of age and has the legal capacity to enter into these Terms of Service; and (iii) if registering for the Services as an entity or organization, (a) Merchant is duly authorized to do business in the country or countries where it operates, (b) the individual accepting these Terms of Service and completing the registration for the Services meets the requirements of subsection (ii) above and is an authorized representative of Merchant, and (c) Merchant's employees, officers, representatives and other agents accessing the Services are duly authorized to access the Services and to legally bind Merchant to these Terms of Service and all transactions conducted under Merchant's account.

StatusPage.io has the following table of contents their Terms of Service agreement:

• 2. Acceptance of the Privacy Policy and Acceptable Use Policy
• 3. Changes to the Terms of Service and the Website
• 4. Accessing the Website, Security, and Privacy
• 5. Intellectual Property Rights and Use Guidelines
• 6. Trademarks
• 7. User Contributions and Content Standards
• 8. Law and Copyright Infringement
• 9. Disclaimer of Warranties
• 10. Limitation of Liability
• 11. Indemnification
• 12. Geographic & Technological Restrictions
• 13. Private Status Page User Provisions
• 14. Governing Law and Jurisdiction
• 15. Waiver and Severability
• 16. SMS for US numbers
• 17. Feedback

This is an example of a clause from the Terms of Service of StatusPage.io has in the agreement:

8. Law and Copyright Infringement

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

Next Caller has the following table of contents their Terms of Service agreement:

• 1. ACCESS TO SERVICES
• 2. OWNERSHIP OF INTELLECTUAL PROPERTY, SOFTWARE AND SERVICES
• 3. RESTRICTIONS
• 4. MAINTENANCE AND CLIENT SERVICE
• 5. ELECTRONIC COMMUNICATIONS; NOTICES
• 6. UPDATES; APPLICABLE TERMS AND AUTHORIZATION FOR AUTO UPDATES
• 7. RETENTION OF CONTENT
• 8. GLBA Information Security Program
• 9. SUBMISSIONS
• 10. CONFIDENTIALITY
• 11. COMPLIANCE WITH APPLICABLE LAW
• 12. INDEMNIFICATION
• 13. DISCLAIMER OF WARRANTIES
• 14. NO LIABILITY FOR CONTENT
• 15. MISCELLANEOUS; SEVERABILITY
• 16. FORCE MAJEURE
• 17. ENTIRE AGREEMENT
• 18. MODIFICATIONS TO THIS AGREEMENT

This is an example of a clause from the Terms of Service of Next Caller has in the agreement:

9. SUBMISSIONS
You may submit questions or comments to Next Caller from time to time. Next Caller reserves the right to use in whole or part the content any such questions or comments and all such communications, comments, feedback, suggestions, ideas, and other submissions related to the Software or Services submitted to Next Caller, excluding your Confidential Information (collectively, "Submissions") will become and shall thereafter remain Next Caller property, and all worldwide right, title, and interest in all copyrights and other intellectual property in all Submissions are assigned (and in the future deemed to be assigned) by you to Next Caller.

Rockbot has the following table of contents their Terms of Service agreement:

• Access and Use of the Service
• Conditions of Use
• Apple-Enabled Software Applications
• Intellectual Property Rights
• Third Party Websites
• Social Networking Services
• Indemnity and Release
• Disclaimer of Warranties
• Limitation of Liability
• Arbitration
• Termination
• User Disputes
• General
• Your Privacy
• Notice for California Users
• Questions? Concerns? Suggestions?

This is an example of a clause from the Terms of Service of Rockbot has in the agreement:

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. ROCKBOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Makers Row has the following table of contents their Terms of Service agreement:

• 2. PRIVACY
• 3. ELECTRONIC COMMUNICATIONS
• 4. BRAND CONTENT
• 5. LICENSE AND ACCESS
• 6. YOUR ACCOUNT
• 7. PAYMENTS
• 8. COPYRIGHT COMPLAINTS
• 9. FACTORY MEMBER SERVICES AND PROJECTS PLATFORM
• 10. UNSOLICITED INFORMATION.
• 11. ALL USER CONTENT
• 12. REPRESENTATIONS AND WARRANTIES
• 13. RESTRICTIONS ON USE OF MAKER’S ROW
• 14. PROFILE RELIABILITY
• 15. ENDING THESE TERMS
• 16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
• 17. INDEMNIFICATION
• 18. WAIVER AND SEVERABILITY
• 19. DISPUTES
• 20. APPLICABLE LAW

This is an example of a clause from the Terms of Service of Makers Row has in the agreement:

10. UNSOLICITED INFORMATION.
By submitting any unsolicited information and materials, including but not limited comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Maker’s Row, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide Maker’s Row with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Maker’s Row, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Maker’s Row and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to Maker’s Row for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting Maker’s Row a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Birst has the following table of contents their Terms of Service agreement:

• 1. Definitions
• 2. Services and Restrictions
• 3. Your Responsibilities
• 4. Your Account Information and Data
• 5. Birst’s Intellectual Property Ownership
• 6. Charges and Payment of Fees
• 7. Billing and Renewal
• 8. Non-Payment and Suspension
• 9. Termination
• 10. Termination for Cause
• 11. Representations & Warranties
• 12. Disclaimer of Warranties
• 13. Limitation of Liability
• 14. Export Control
• 15. Notice
• 16. General

This is an example of a clause from the Terms of Service of Birst has in the agreement:

7. Billing and Renewal
Birst charges and collects in advance for use of the Services. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Birst’s net income. You agree to provide Birst with complete and accurate billing and contact information. This information includes your legal name, street address, e-mail address, and name and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Birst reserves the right to terminate your access to the Services in addition to any other legal remedies. Unless Birst in its discretion determines otherwise, you will be billed in U.S. dollars and subject to U.S. payment terms.

Mobile Roadie has the following table of contents their Terms of Service agreement:

• Account Terms
• Payments and Refund Terms
• Revenue Share
• Cancellation and Termination
• Modifications to the Service and Prices
• Free Mobile Website Solution
• End Users and End User Data
• License Grant, Copyright and Content Ownership
• General Conditions
• Disclaimers
• Indemnity
• Limitation of Liability
• Governing Law
• Dispute Resolution
• General
• Contacting Mobile Roadie; Technical Support

This is an example of a clause from the Terms of Service of Mobile Roadie has in the agreement:

License Grant, Copyright and Content Ownership

You hereby grant to Mobile Roadie a worldwide, irrevocable, perpetual, non-exclusive, transferable,
royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify,
distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise
exploit such Content in any and all media now and in the future, for any purpose relating to the
Service. Mobile Roadie does not claim any ownership rights in your Content and nothing in these
Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such
Content.

We claim no intellectual property rights over your Content. Your profile and materials uploaded by
you remain yours. However, by using the Service to create your Mobile Offering, you agree to allow
others to view and share your Content via your Mobile Offering.

Mobile Roadie does not pre-screen Content, but Mobile Roadie and its designee have the right (but
not the obligation) in their sole discretion to refuse or remove any Content that is available via
the Service.

The Site and the Service, including their "look and feel" are protected by copyright, trademark, and
other laws of the United States and foreign countries. Mobile Roadie exclusively owns all right,
title and interest in and to the Site and the Service, including all associated intellectual
property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion
of the HTML/CSS or visual design elements of the Site or the Service without express written
permission from Mobile Roadie.

You shall be solely responsible for securing and paying for all digital phonorecord delivery
mechanical licenses, any public performance licenses, synchronization licenses and any other
licenses from musical composition copyright owners (or their agents) required in connection all
Content selected by you for use in connection with your Mobile Offering.

Bitium has the following table of contents their Terms of Service agreement:

• MASTER SERVICES AGREEMENT
• Services
• Use of the Services
• NON-BITIUM PROVIDERS
• FEES AND PAYMENT FOR PURCHASED SERVICES
• Term and Termination

This is an example of a clause from the Terms of Service of Bitium has in the agreement:

Use of the Services


Bitium’s Responsibilities. Bitium will: (i) provide commercially acceptable levels of support for the Services, (ii) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) scheduled maintenance and downtime (regularly scheduled for Saturday at 8:00pm PT; if other scheduled downtime is required, Bitium will give at least 24-hour notice via the Services and/or email, and will use commercially reasonable efforts to schedule during non-business hours in the United States), or (b) any unavailability caused by circumstances beyond Bitium’s reasonable control, including without limitations, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service provider failures or delays, or denial of service attacks, and (iii) provide the Services in accordance with applicable laws and government regulations.


Data Protection. Subject to Sections 1(d) and 1(e), Bitium will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of all electronic data or information submitted by Customer to the Services (“Customer Data”). Bitium will not (i) modify Customer Data, (ii) disclose Customer Data except as compelled by law or as expressly allowed in writing by Customer, or (iii) access Customer Data except to provide the Services or to address or prevent service or technical problems. This privacy policy applies only to the Services and does not apply to any Non-Bitium Providers (as defined in Section 3(a)), including, but not limited to, any Third-Party Application (as defined in Section 3(a)) or Third-Party Website accessed through Bitium.


Customer Responsibilities. Customer will: (i) be responsible for compliance with this Agreement by Customer and Customer’s Users, (ii) be responsible for the accuracy, quality and legality of Customer Data and the means by which Customer Data is collected, (iii) use reasonable efforts to prevent unauthorized access to or use of the Services or Software, and notify Bitium immediately of any such unauthorized access or use, and (iv) use the Services and Software only in accordance with Bitium’s instructions and all applicable laws and government regulations. Customer will not (a) make the Services or Software available to anyone other than Customer’s Users, (b) sell, resell, rent, lease, license or sublicense the Services or Software, (c) use the Services or Software to store or transmit libelous, infringing or otherwise unlawful or tortious material, or to store or transmit material in violations of third-party privacy rights, (d) use the Services or Software to store or transmit viruses, worms, time bombs, Trojan horses, or other harmful or malicious code, files, scripts, agents, or programs, (e) interfere with or disrupt the integrity or performance of the Services or Software or third-party data contained therein, (f) attempt to gain unauthorized access to the Services or their related systems or networks or Software, or (g) violate any intellectual property rights of Bitium, including but not limited to, Bitium trademarks, copyrights, patents, etc.


Customer Passwords Provided Outside of the Bitium Services. In the event that Customer intentionally or accidentally provides Bitium with usernames, passwords, or other credential information (collectively, “Credentials”) outside of the Bitium Services (for example, via email, customer support communications, access to documents, and/or other insecure means of communication), Bitium is not responsible for any consequences resulting from such un-secured disclosure of Credentials. In the event that this type of disclosure occurs, it is Customer’s responsibility to ensure that Credentials are changed or otherwise secured in order to prevent any unauthorized access or other consequences.