Terms of Service
Thank you for choosing OrgSpring.org. We are a website that offers both free and paid website templates for You to use within our network. These Terms of Service (the “Terms”) which apply to You when accessing www.orgspring.org (the “Site) and using any feature of the Site (collectively, accessing the Site and/or using any of the features of the Site are referred to as the “Services”. Services also include the templates and other products offered through the Site).
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
As used herein, the terms “You” and “Your” refers to the entity or individual accessing the Site. These Terms are effective from the date You access the Site and form a binding legal agreement between OrgSpring, Inc. a Pennsylvania Corporation (“Company”), and either (i) You in Your individual capacity or (ii) You in Your capacity as authorized representative of another person, company or other legal entity, together with that person, company or other legal entity for whose benefit You utilize the Services.
1. Your Use
1.1 Your use of the Services is subject to the terms of a legal agreement between you and Company, the owner of the Site. This document explains the terms of that agreement.
1.2 As explained above, this legal agreement is referred to as the “Terms”. These Terms form a legally binding agreement between you and Company in relation to your use of the Services. It is important that you take the time to read them carefully. You should print or save a copy of these Terms for your records. The English language versions of the Terms will govern your relationship with Company. If you do not agree with some or all of the provisions in the Terms, leave the Site and do not use any of the Services.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept all of the Terms.
2.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to You by Company in the user interface for any Service; or
(b) by actually using the Services. In this case, You understand and agree that Company will treat Your use of the Services as acceptance of the Terms from that point forward.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Company, or (b) you are a person barred from receiving the Services under the laws of any country including the country in which you are a resident or from which you use the Services. THE SITE MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD BE, OR COULD BE DEEMED, A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM.
3. Provision of the Services
3.1 You acknowledge and agree that the form and nature of the Services which Company provides may change from time to time without prior notice to You. You acknowledge and agree that Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally at Company’s sole discretion, without prior notice to You. You may stop using the Services at any time. You do not need to specifically inform Company when You stop using the Services.
3.3 You acknowledge and agree that Company may disable access to Your account at any time and for any reason. You acknowledge and agree that if Company disables access to your account, You may be prevented from accessing the Services, Your account details or any files or other content which is contained in Your account.
3.4 You acknowledge and agree that while Company may or may not currently have set a fixed upper limit on the number of transactions You may take part in through the Services, such fixed upper limits may be set by Company at any time, at Company’s sole discretion.
4. Use of the Services by You
4.1 In order to access certain areas of the Site, You may be required to provide information about yourself (such as identification, email address or contact details) as part of the registration process for the Service, or as part of Your continued use of the Services. You agree that any and all information you give to Company will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including but not limited to any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Company. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including but not limited to use of scripts or web crawlers) and You agree to not upload or attempt to upload any data to the Site (except as expressly permitted by these Terms) or otherwise interfere with the contents of the Site.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services, or any portion thereof except as specifically allowed by these Terms.
4.6 You agree that You are solely responsible for (and that Company has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences (including any loss or damage which Company may suffer) of any such breach.
5. Payment for Services
5.1 Payment is made through the Site. It is important to note that You do not “buy” the templates or other products offered through the Site. Rather, you are granted a license to use the templates and products in accordance with these Terms and any terms listed on the Site.
5.2 ALL SALES ARE FINAL AND NO REFUNDS WILL BE MADE ONCE THE PURCHASE IS MADE.
6. License from Company
6.1 The Site offers one type of license that allows You to use the templates and other products. The license granted gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the templates or other products provided to You by Company as part of the Services subject to these Terms.
a. Single-Use License: This license gives You the right to use one template or other product offered one time, on one single website of Your choosing.
6.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.
7. Privacy Policy and Your Personal Information
7.1 By submitting personal information through the Site, You agree to the Terms including the terms of this Section 7 “Privacy Policy” and You expressly consent to the processing of your personal information according to this Privacy Policy. When you visit the Site, You may provide certain types of information including: personal information you knowingly choose to disclose and use information collected by Company as You interact with the Site. When You register with the Site or purchase the Services, You provide Company with certain personal information. When You enter the Site, Company may collect and use information including Your browser type and IP address at any time such as when You are using the Services. Company does not intentionally gather personal information about visitors to the Site who are under the age of 13.
7.2 Company stores personal information including Your email address if provided to Company. This allows Company to contact You regarding any matters related to the Site and contact You if You have contacted Company via the “Contact Us” page at the Site. Additionally, Company may use Your email address or other personal information to send You a newsletter (if You request it) or otherwise inform You about matters related to the Site such as changes or new features.
7.3 Under certain circumstances, Company may collect your browser type and/or IP address. Company’s use of this information includes, but is not limited to, gaining insight into the demographics of those utilizing the Site.
7.4 Company does not share your personal information or Site use information collected by Company as you interact with the Site with third parties except: 1) as necessary in connection with support of the Site (such as third party credit card processors) or 2) when deemed necessary by Company in order to enhance the information provided. Other than the foregoing, Company uses such information solely for its own purposes.
7.5 Company may update this Privacy Policy from time to time and as Services change and expand. Substantial changes to this Privacy Policy will be Posted on this page along with a notice that this Privacy Policy has changed. Once any changes that are made to this Privacy Policy become effective, Your continued use of the Services after such time will signify Your acceptance of the new terms.
7.6 This Site may contain links to other sites. Company is not responsible for the privacy practices or the content of any other websites to which the Site links or to which link to the Site. Those websites are owned and operated by third parties and access to and use of those websites is governed by the terms and policies of those websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, advertising, or products on or available from such website. The inclusion of any link does not imply that Company endorses the linked site. You use the websites, links and resources at Your own risk.
7.7 Credit card transactions are processed securely through an SSL, and your credit card information will never be sold to third parties.
7.8 If you have any questions about this Privacy Policy, please contact us at info@orgspring.org or at 1 (412) 475-9175.
8. Content and Ownership
8.1 You should be aware that all content presented to You as part of the Services, including but not limited to advertisements in the Services and sponsored content within the Services, may be protected by intellectual property rights which are owned by those who provide that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on Content (either in whole or in part) that You do not own.
8.2 You acknowledge and agree that Company (or Company’s licensors) own all legal right, title and interest in and to the Services including the templates and other products offered, including any intellectual property rights which subsist in the Services, templates and products (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services, templates and products may contain information which is designated confidential by Company and that you shall not disclose such information without Company’s prior written consent.
8.3 Nothing in the Terms gives you a right to use any of Company’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that in using the Services, You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. Warranty
9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT INSTALL THE PRODUCTS OFFERED ON OUR SITE TO YOUR WEBSITE. YOU ARE SOLELY RESPONSIBLE TO INSURE THAT ANY PRODUCT PURCHASED WILL BE INSTALLED PROPERLY.
9.2 USE OF THE SERVICES ARE AT YOUR OWN RISK. THE SITE, THE SERVICES, AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS OWNERS, EMPLOYEES, SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS OWNERS, EMPLOYEES, SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9.3 YOU SPECIFICALLY AGREE THAT IF YOU ARE DISSATISFIED WITH THIS SITE FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.
10. LIMITATION OF LIABILITY
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR FOR ANY DAMAGE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF COMPANY OR OF COMPANY’S OWNERS, EMPLOYEES, LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO COMPANY DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $1000, WHICHEVER IS GREATER.
10.2 THE LIMITATIONS ON COMPANY’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Termination
11.1 Company may prohibit You from using or accessing the Services (or any portion thereof) for any or no reason, and at any time in Company’s sole discretion, with or without notice. Further, Company reserves the right to change any aspect or feature of the Site at any time without notice.
12. Indemnity
12.1 You agree to indemnify and hold Company and the officers, directors, agents and employees of Company, harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including attorneys’ fees) (“Claim”) arising out of or related to Your (a) use of the Services or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by You herein. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company, and You agree to cooperate with Company’s defense of these Claims.
13. Changes to the Terms
13.1 Company may make changes to the Terms from time to time. You understand and agree that if You use the Services after the date on which the Terms have changed, Your doing so signifies Your acceptance of the changed Terms
14. Venue
You and Company agree to submit to the exclusive jurisdiction of the courts located within the Mt. Lebanon, Commonwealth of Pennsylvania,in the United States of America to resolve any legal matter arising from the Terms. Notwithstanding this, You agree that Company shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. These Terms will be interpreted under the laws of the United States of America, Commonwealth of Pennsylvania. The terms of the United States Communications Decency Act of 1996, as amended, apply.
15. General Terms
15.1 If and to the extent that any provision of these Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and, if possible, shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the Parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of these Terms in that or any other jurisdiction.
15.2. Section Headings. The section headings and numbering of these Terms are for convenience of reference only, and shall not define or limit any of the terms or provisions hereof.
15.3 No Waiver. No failure or delay by Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof by Company shall preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
15.4 These Terms represent the entire agreement between You and Company related to Your use of the Site and supersedes all prior understandings, arrangements and representations, whether verbal, written, or presented online