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NOTE: This is a draft terms of service you may use if you require one. You may alter it as required for your specific purposes.
YourCompanyName Terms of Service (TOS) agreement - v1.0
YourCompanyName.com is owned and operated by YourCompanyName. The YourCompanyName Software in some cases is a free service but does require all users of the software to agree to the follow Terms Of Service (TOS) agreement. Any violations of the TOS will result in the immediate suspension of their account and without notice. All proper law enforcement will be notified of such violations and provided with any evidence requested followed by the removal of the offender's account and all materials associated it. This also preclude that person or group from using YourCompanyName in the future from creating a new community.
1. You may use the Services only if you agree to form a binding contract with YourCompanyName and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 16 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
2. YourCompanyName may never be used to upload, store, transmit, or distribute any illegal material. This includes but is not limited to child pornography, or classified government documents. "YourCompanyName" (TM) and YourCompanyName shall not be held liable for the results of any illegal activity from the associated uploading, storing, transmitting, or distributing of any illegal material prior to the discovery and removal of such materials from the system.
3. YourCompanyName may never be used to solicit, promote or facilitate gambling or prostitution even in jurisdictions that allow it. "YourCompanyName" (TM) and YourCompanyName shall not be held liable for the results of but not limited to any illegal gambling or prostitution prior to the discovery and removal of the offending accounts from the system.
4. YourCompanyName may never be used to solicit, promote, or facilitate any illegal behaviors such as but not limited to smuggling, bootlegging or human trafficking. "YourCompanyName" (TM) and YourCompanyName shall not be held liable for the results of any smuggling, bootlegging or human trafficking prior to the discovery and removal of the offending accounts from the system.
5. "YourCompanyName" (TM) and YourCompanyName shall not be held liable for any financial disputes that develop as a result of the use of the software to sell any items between community member(s).
6. You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
7. "YourCompanyName" (TM) and YourCompanyName shall not be held liable for any disputes that develop due to the misrepresentation of an item for sale in terms of but not limited to model number, year of manufacture, working condition of the item, or any warranty implied or explicit. This includes any transactions between members or between the administrator(s) of the community and one or more members, or any combination thereof.
8. Members of the community that utilize the selling feature of the software are solely responsible for the negotiation and collections of funds for any item offered for sale using the YourCompanyName" (TM) software.
9. "YourCompanyName" (TM) and YourCompanyName shall not be held liable for any item that is lost, stolen, or damaged in any shipping process of the item(s) sold.
10. "YourCompanyName" (TM) and YourCompanyName shall not be held liable for any slander or libel of member(s) that results due to communications or posting(s) of members within the software.
11. "YourCompanyName" (TM) and YourCompanyName shall not be held liable for any disputes between member(s) that develop due to communications between member(s).
12. "YourCompanyName" (TM) and YourCompanyName shall not be held liable for any defects in the software that may result in financial loss by either members or administrators of community(s).
13. "YourCompanyName" (TM) and YourCompanyName shall not be held liable for any defects in the software that may result in defamation or loss of reputation by either members or administrators of community(s).
14. "YourCompanyName" (TM) and YourCompanyName shall not be held liable for any information you transmitt to or store on the YourCompanyName system that becomes publicly available and may result in personal financial loss or hardship. Do not use YourCompanyName to store or transmit any personal information that you would not want to become public knowledge. YourCompanyName uses industry standard SSL to secure all transmissions to and from the website and to secure the network on which it operates. However, there are always risks when transmitting information over the Internet and storing information in the cloud. Therefore it is always prudent to restrict the information to that which would not cause you any personal damage if it were to become publicly available.
15. "YourCompanyName" (TM) and YourCompanyName make the YourCompanyName communication system and services Available "AS-IS". Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “YourCompanyName (TM)” refers to YourCompanyName, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE YourCompanyName ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The YourCompanyName Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the YourCompanyName Entities or through the Services, will create any warranty or representation not expressly made herein.
16. Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.
In consideration for YourCompanyName granting you access to and use of the Services, you agree that YourCompanyName and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, YourCompanyName’s computer systems, or the technical delivery systems of YourCompanyName’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by YourCompanyName (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with YourCompanyName (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of YourCompanyName is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of YourCompanyName, its users and the public. YourCompanyName does not disclose personally-identifying information to third parties except in accordance laws that are applicable to the jurisdiction in which the service is operating.
17. The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the YourCompanyName name or any of the YourCompanyName trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of YourCompanyName and its licensors. Any feedback, comments, or suggestions you may provide regarding YourCompanyName, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
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