Terms of Service
Terms in a nut shell:
We at MangoSigns.com (“we”, “our”, “us” and “MangoSigns”) run a
web service where you (the terms “you”, “your”, and “yours” shall refer to any and all users of our website (the “User”)) can create
and content and send content ("slides") right from your web browser
(the “Service”) to your digital signs using a MangoSigns player app. We would
love for you to use our Service located at
https://mangosigns.com/
(the “Site”). We offer it as a free trial to you
(there are paid plans, too) and we try our best to make it possible for you
pursue your creative expression in the way you see fit. Because this is the
Internet, you are responsible for what you create and publish to your digital
signs. Continue reading to understand what is prohibited and
our payment policy.
Terms of Service:
The following Terms of Service apply when you visit our Site
and/or view or use the Service. Please review the following terms carefully. By
accessing or using the Service, you expressly agree to and consent to be bound
by these Terms of Service. If you do not agree to these Terms of Service or our
Privacy Policy (located at
https://mangosigns.com/home/privacy
) (the “Privacy Policy”), you may not, and you
do not have our authorization, to access or use the Service or any portion of
the Site. The Site is offered subject to your acceptance without modification
of all of the terms and conditions contained herein and all other operating
rules, policies (including, without limitation, MangoSigns’ Privacy Policy) and
procedures that may be published from time to time on this Site by MangoSigns
(collectively, the "Agreement").
The following terms and conditions govern all use of the Site
and all content, services and products available at or through the Site,
including, but not limited to, MangoSigns Free Trial("free trial accounts"), MangoSigns
Basic, MangoSigns Premium and MangoSigns Enterprise accounts ("paid accounts").
Content displayed on the Site (the “Site Content”), excluding slides created by
Users, have copyrighted protection under the laws of the United States and
other copyright laws and MangoSigns is the sole exclusive owner of such Site
Content. You are allowed to display and, subject to
any expressly stated restrictions or limitations relating to specific material,
download portions of the Site Content from the different areas of the Site only
for non-commercial use, unless otherwise permitted. Any redistribution,
retransmission or publication of any copyrighted material is strictly
prohibited without the express written permission of the copyright owner. You
may not change or delete any proprietary notices from materials downloaded from
the Site. You agree not to use any MangoSigns logo or any other proprietary
graphic or trademark without our express written consent. As between the
parties, title, ownership rights, and intellectual property rights in and to
the Site Content, and any copies or portions thereof, shall remain in MangoSigns
and/or its content providers. Third-party trademarks, service marks and logos
contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are
reserved.
Your access to the Service is licensed and not sold. Subject to
the terms of this Agreement and upon your registration for an account (as
applicable), MangoSigns hereby grants you a revocable, non-exclusive,
non-transferable account enabling you to access and use the Services and the
Site.
Please read this Agreement carefully before accessing or using
the Site. By accessing or using any part of the Site, you agree to become bound
by the terms and conditions of this agreement. If these terms and conditions
are considered an offer by MangoSigns, acceptance is expressly limited to these
terms. The Site is available only to individuals who are at least 13 years old
and you represent that you are over the age of 13 and have the power, authority
or consent to enter into and perform your obligations under the Agreement.
1.
Your MangoSigns
Account, Slides, Signs and Site. If you create an account on the Site, you are
responsible for maintaining the security of your account and your slides,
signs, and you are fully responsible for all activities that occur under the account
and any other actions taken in connection with the slides
and signs. You agree to: (a) provide true, accurate, current and complete
information about yourself when registering for an account including credit
card information (if applicable), (b) authorize MangoSigns to charge your
credit card for all fees, as applicable. You must immediately notify MangoSigns
of any unauthorized uses of your slides, your account or any other breaches of
security. If you provide any information that is untrue, inaccurate, not
current or incomplete, or MangoSigns has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, we have the
right to suspend or terminate your account and refuse
any and
all
current or future use of the Services (or any portion thereof).
2.
Responsibility of Contributors.
If you operate an account with slides, post, upload or display material to the
Site, or otherwise make (or allow any third party to make) material available
by means of the Site (any such material, “Content”), you are entirely
responsible for the Content of, and any harm resulting from, that Content. That
is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, a video file, or computer software. By using the
Service and/or making Content available, you represent and warrant that:
·
the use of the Content
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark or trade secret rights, of any third party;
·
if your employer has
rights to intellectual property you create, you have either (a) received
permission from your employer to post or make available the Content, including
but not limited to any software, or (b) secured from your employer a waiver as
to all rights in or to the Content;
·
you have fully
complied with any third-party licenses relating to the Content, and have done
all things necessary to successfully pass through to end users any required
terms;
·
the Content does not
contain or install any viruses, worms, malware, Trojan horses or other harmful
or destructive content;
·
the Content is not
spam, is not machine- or randomly-generated, and does not contain unethical or
unwanted commercial content designed to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as
spoofing);
·
your use of the
Service and/or your Content is not harmful, abusive, harassing, obscene,
libelous, fraudulent, deceptive or pornographic, does not contain threats or
incite violence, and does not violate the legal, privacy or publicity rights of
any third party;
·
your slides are not
getting advertised via unwanted electronic messages such as spam links on
newsgroups, email lists, other blogs and web sites, and similar unsolicited
promotional methods;
·
your slides or Content
does adversely affects or reflects negatively on MangoSigns’ goodwill, name or
reputation or causes duress, distress or discomfort to MangoSigns or anyone
else, or discourages any person, firm or enterprise from using all or any
portion, feature, or function of the Site, or from advertising, liking or
becoming a supplier to use in connection with the
Site;
·
you will not act, or
fail to act, in your use of the Service, in a manner that is contrary to
applicable law or regulation;
3.
Content and Ownership.
By submitting Content to MangoSigns, you acknowledge and agree that:
·
By submitting your
slides as a public template, you agree to allow others to view and fork (make a
copy) of your template.
·
You shall have no
recourse against MangoSigns for any alleged or actual infringement or
misappropriation of any proprietary right in your communication to us (if any).
·
If you delete Content,
MangoSigns will use reasonable efforts to remove it from the Site, but you
acknowledge that caching or references to the Content may not be made
immediately unavailable and that MangoSigns may retain archived copies of the
Content.
4.
Without limiting any
of those representations or warranties, MangoSigns has the right (though not
the obligation) to, in MangoSigns’ sole discretion (a) refuse or remove any slide
/ template and/or Content that, in MangoSigns’ reasonable opinion, violates any
MangoSigns policy or is in any way harmful or objectionable, or (b) terminate
or deny access to and use of the Site and/or Service to any individual or
entity for any reason, in MangoSigns’ sole discretion. MangoSigns will have no
obligation to provide a refund of any amounts previously paid.
5.
Payment and Renewal.
·
General Terms.
·
By selecting a paid account you agree to pay MangoSigns the monthly or annual
subscription fees indicated for that service. Payments will be charged on a
pre-pay basis on the day you sign up for a paid account and will cover the use
of that service for a monthly or annual subscription period as indicated.
Upgrade fees are not refundable. You represent and warrant that you are
authorized, or have the permission of the authorized signatory of the credit
card or charge card provided to MangoSigns, to pay any fees incurred from use
of the Services.
·
Automatic Renewal.
·
Unless you notify MangoSigns
before the end of the applicable subscription period that you want to cancel a
paid account, your paid subscription will automatically renew and you authorize
us to collect the then-applicable annual or monthly subscription fee (as well
as any taxes) using any credit card or other payment mechanism we have on
record for you. Paid accounts can be canceled at any time in the Account
section of the website.
·
You understand and agree that refund or credits for partial months of
service, upgrade or downgrade refunds, or refunds for months with an open
account that are unused are issued at the discretion of MangoSigns based on the
usage of the account.
6.
Responsibility of Site
Visitors. Any opinions expressed on the Site are the personal opinions of the
original author and not of MangoSigns. By operating the Site, MangoSigns does
not represent or imply that it endorses the material there posted, or that it
believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from any harmful or destructive content that could be created
within the slides on your account.
7.
Content Posted on
Other Websites. MangoSigns does not have any control over those non-MangoSigns
html or websites and webpages that are embedded in slides by a user, and is not
responsible for their contents or their use. By embedding a non-MangoSigns
website or webpage, MangoSigns does not represent or imply that it endorses
such website or webpage. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. MangoSigns disclaims
any responsibility for any harm resulting from your use of non- MangoSigns websites
and webpages and you agree that MangoSigns is not (a) liable for any damage or
loss caused or alleged to be caused by or in connection with the use of or
reliance on any such third party websites, and (b)
responsible for any form of transmission received from any embedded website or
html, nor is MangoSigns responsible if any of these embedded site or html are
not working appropriately.
8.
Copyright Infringement
and DMCA Policy. As MangoSigns asks others to respect its intellectual property
rights, it respects the intellectual property rights of others. If you believe
that material located on or published to signs by MangoSigns violates your
copyright, you are encouraged to notify MangoSigns as stated herein. MangoSigns
will respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all schedules to the infringing
material. MangoSigns will terminate a visitor’s access to and use of the Site
if, under appropriate circumstances, the visitor is determined to be a repeat
infringer of the copyrights or other intellectual property rights of MangoSigns
or others. In the case of such termination, MangoSigns will have no obligation
to provide a refund of any amounts previously paid to MangoSigns. To make a
claim, please provide the following:
1.
A physical or an electronic signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest that is allegedly infringed;
2.
A description of the copyrighted work or other
intellectual property that You claim has been infringed;
3.
A description of where the material that you
claim is infringing is located on the Site reasonably sufficient to permit MangoSigns
to locate the material;
4.
Your contact information, including your
address, telephone number, and email;
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; and
5.
A statement by you that the above information
in your notice is accurate and that you, made under penalty of perjury, are the
copyright or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
6.
Contact the agent designated to receive and
act on copyright violations under the Digital Millennium Copyright Act
("DMCA"). Claims can be directed to us at info@mangosigns.com.
9.
Intellectual Property.
This Agreement does not transfer from MangoSigns to you any MangoSigns or third
party intellectual property, and all right, title and interest in and to such
property will remain (as between the parties) solely with MangoSigns.
Trademarks, service marks, graphics and logos used
in
connection with
the Site may be the trademarks of other third parties.
Your use of the Site grants you no right or license to reproduce or otherwise
use any MangoSigns or third-party trademarks.
10.
Advertisements. MangoSigns
reserves the right to show our logo and display advertisements on your signs
unless you have purchased a paid account.
11.
Attribution. MangoSigns
reserves the right to display attribution links such as ‘Created with MangoSigns,’
in a non-obtrusive way on your slides footer when it is displayed on your signs.
If displayed, footer credits may not be removed regardless of paid accounts
purchased.
12.
Changes. MangoSigns reserves
the right, at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for changes.
Your continued use of or access to the Site following the posting of any
changes to this Agreement constitutes acceptance of those changes. MangoSigns may
also, in the future, offer new services and/or features through the Site
(including, the release of new tools and resources). Such new features and/or
services shall be subject to the terms and conditions of this Agreement.
13.
Termination. MangoSigns
may terminate your access to all or any part of the Site at any time, with or
without cause, with or without notice, effective immediately. If you wish to
terminate this Agreement or your MangoSigns account (if you have one), you may
simply discontinue using the Site. All provisions of this Agreement which by
their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, waiver and
release, indemnity and limitations of liability.
14.
Disclaimer of
Warranties. The Site is provided “as is”. MangoSigns and its suppliers and
licensors hereby disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. Neither MangoSigns
nor its suppliers and licensors, makes any warranty that the Site will be error
free or that access thereto will be continuous or uninterrupted. You understand
that you download from, or otherwise obtain content or services through, the
Site at your own discretion and risk. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SERVICE. MANGOSIGNS MAY CHANGE THE SERVICE OR THE
FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
15.
Waiver and Release.
You agree that neither MangoSigns nor its officers, directors, employees,
agents, licensors or suppliers shall have any liability to you under any theory
of liability or indemnity in connection with your use
of the Services or the Site. You specifically acknowledge that MangoSigns shall
not be liable for Content or the defamatory, offensive, or illegal conduct of
any third party and that the risk of harm or damage from the foregoing rests
entirely with you. You hereby release and forever waive
any
and all
claims you may have against MangoSigns, its officers, directors,
employees, agents, licensors or suppliers (including, but not limited to,
claims based upon the negligence of MangoSigns, its officers, directors,
employees, agents, licensors or suppliers) for losses or damages you sustain in
connection with your use of the Site or the Services.
16.
Limitation of
Liability. Notwithstanding the foregoing paragraph, in no event will MangoSigns,
or its suppliers or licensors, be liable with respect to any subject matter of
this Agreement under any contract, negligence, strict liability or other legal
or equitable theory for: (a) any special, incidental, punitive or consequential
damages; (b) the cost of procurement for substitute products or services; (c)
for interruption of use or loss or corruption of data; or (d) for any amounts
that exceed the fees paid by you to MangoSigns under this agreement during the
twelve (12) month period prior to the cause of action. Slides shall have no
liability for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by applicable
law.
17.
General Representation
and Warranty. You represent and warrant that (a) your use of the Site will be
in strict accordance with the MangoSigns Privacy Policy, with this Agreement
and with all applicable laws and regulations (including without limitation any
local laws or regulations in your country, state, city, or other governmental
area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside) and (b) your use of the Site
will not infringe or misappropriate the intellectual property rights of any
third party.
18.
Indemnification. You
agree to indemnify and hold harmless MangoSigns, its officers, directors,
employees, contractors, and its licensors, and their respective directors,
officers, employees and agents from and against any and all claims and
expenses, including attorneys’ fees, arising out of your use (or by any person
accessing the Site using your account) of the Site (including infringement of
third parties’ worldwide intellectual property rights), including but not
limited to your violation of this Agreement.
19.
Miscellaneous. This
Agreement constitutes the entire agreement between MangoSigns and you
concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of MangoSigns, or by the
posting by MangoSigns of a revised version. Except to the extent applicable
law, if any, provides otherwise, this Agreement, any access to or use of the
Site will be governed by the laws of the state of Florida, U.S.A., excluding
its conflict of law provisions, and the proper venue for any disputes arising
out of or relating to any of the same will be the state and federal courts
located in FL. Except for claims for injunctive or equitable relief or claims
regarding intellectual property rights (which may be brought in any competent
court without the posting of a bond), any dispute arising under this Agreement
shall be finally settled in accordance with the Comprehensive Arbitration Rules
of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three
arbitrators appointed in accordance with such Rules. The arbitration shall take
place in FL, in the English language and the arbitral decision may be enforced
in any court. The prevailing party in any action or proceeding to enforce this
Agreement shall be entitled to costs and attorneys’ fees. If any part of this
Agreement is held invalid or unenforceable, that part will be construed to
reflect the parties’ original intent, and the remaining portions will remain in
full force and effect. A waiver by either party of any term or condition of
this Agreement or any breach thereof, in any one instance, will not waive such
term or condition or any subsequent breach thereof. You may assign your rights
under this Agreement to any party that consents to, and agrees to be bound by,
its terms and conditions; MangoSigns may assign its rights under this Agreement
without condition. This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.
MangoSigns.com can be reached at
info@mangosigns.com
.
Effective as of 5-25-2018