Terms of Service
Introduction
By visiting our website and accessing the information, resources,
services, products, and tools we provide for you, either directly or
indirectly (hereafter referred to as “Resources”), you agree to use these
Resources only for the purposes intended as permitted by (a) the terms of
this User Agreement, and (b) applicable laws, regulations and generally
accepted online practices or guidelines.
This agreement is in effect as of October 31, 2014.
Wherein, you understand that:
User Rights
You may request to:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the ordering process. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Contains any type of unauthorized or unsolicited advertising;
Impersonates any person or entity, including any graphixcalc.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of MSSion, LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the ordering process, necessary to order our products. All information provided as part of our ordering process is covered by our privacy policy.
- You agree to indemnify and hold harmless MSSion, LLC and its members, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.
If you wish to exercise any of the aforementioned rights, or receive more information, please contact our Data Protection Officer (“DPO”)
Privacy
Your privacy is very important to us, which is why we’ve created a
separate Privacy Policy in order to explain in detail how we collect,
manage, process, secure, and store your private information. Our privacy
policy is included under the scope of this User Agreement.
Limitation of Warranties
By using our website, you understand and agree that all Resources we
provide are “as is” and “as available”. This means that we do not represent
or warrant to you that:
the use of our Resources will meet your needs or requirements.
the use of our Resources will be uninterrupted, timely, secure or free from errors.
the information obtained by using our Resources will be accurate or reliable, and
any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral or written, obtained by you from MSSion, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. MSSion, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
How Copyrights/Trademarks
All content and materials available on graphixcalc.com, including but not
limited to text, graphics, website name, code, images and logos are the
intellectual property of MSSion, LLC, and are protected by applicable
copyright and trademark law. Any inappropriate use, including but not
limited to the reproduction, distribution, display or transmission of any
content on this site is strictly prohibited, unless specifically authorized
by MSSion, LLC.
- When you voluntarily provide us your personal details in order to register on our Site;
- When you use or access our Site in connection with your use of our services;
- From third party providers, services and public registers (for example, traffic analytics vendors).
How is the Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your
access to all or part of our website and Resources with or without notice
and for any reason, including, without limitation, breach of this User
Agreement. Any suspected illegal, fraudulent or abusive activity may be
grounds for terminating your relationship and may be referred to appropriate
law enforcement authorities. Upon suspension or termination, your right to
use the Resources we provide will immediately cease, and we reserve the
right to remove or delete any information that you may have on file with us,
including any account or login information.
Cookies
We and our trusted partners use cookies and other technologies in our related services, including when you visit our Site or access our services.
A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services.
The Site uses the following types of cookies:
a. 'session cookies'
which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed;
b. 'persistent cookies' which are read only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in;
c. 'third party cookies'
which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access.
Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Site may not operate properly and your online experience may be limited.
We use a tool which is based on the Snowplow Analytics technology to collect information about your use of the Site. The tool collects information such as how often users access the Site, what pages they visit when they do so, etc. the tool does not collect any Personal Information and is only used by our Site hosting and operating service provider to improve their Site and services. Use of script libraries (Google Web Fonts)
In order to present our contents correctly and graphically appealing across all browsers, we use script libraries and font libraries such as Google Web Fonts (https://www.google.com/webfonts) on this website. Google Web Fonts are transferred to your browser's cache to avoid multiple loading. If your browser does not support Google Web Fonts or does not allow access, content will be displayed in a default font. - Calling script libraries or font libraries automatically triggers a connection to the library operator. In theory, it is possible - but currently also unclear whether and, if so, for what purposes - that operators of corresponding libraries collect data.
- The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy.
Third party collection of information
Our policy only addresses the use and disclosure of information we collect from you. To the extent you disclose your information to other parties or sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party that you choose to disclose information to.
This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties which we may disclose information as set forth in this Privacy Policy.
How do we safeguard your information?
We take great care in implementing and maintaining the security of the Site and your information. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Site, and we make no warranty, express, implied or otherwise, that we will prevent such access.
Transfer of data outside the EEA
Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.
Governing Laws
This website is controlled by MSSion, LLC from our offices located in the
state of North Carolina, USA. It can be accessed by most countries around
the world. As each country has laws that may differ from those of North
Carolina, by accessing our website, you agree that the statutes and laws of
North Carolina, without regard to the conflict of laws and the United
Nations Convention on the International Sales of Goods, will apply to all
matters relating to the use of this website and the purchase of any products
or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought
in the federal or state courts located in North Carolina, USA. You hereby
agree to personal jurisdiction by such courts, and waive any jurisdictional,
venue, or inconvenient forum objections to such courts.
Guarantee
MSSION, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
Updates or amendments to this Privacy Policy
We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The last revision will be reflected in the "Last modified" section. Your continued use of the Platform, following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.
How to contact us
If you have any general questions about the Site or the information we collect about you and how we use it, you can contact us at info@graphixcalc.com
Last Modified 754-610-5955