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 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 email@example.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.
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 firstname.lastname@example.org .
Effective as of 5-25-2018