Terms of Service for TaskSurf
Introduction
This legal document, henceforth referred to as the "Terms of Service" or the "Agreement," constitutes a legally binding contract established between you, the user, hereinafter referred to as "You" or the "User," and our website hereinafter referred to as the "Website," which is an integral component of the digital platform array managed and operated under the aegis of TermSurf, herein after referred to as the "Company."
This Agreement comprehensively delineates the terms and conditions underpinning your access to, interaction with, and utilization of the Website and its concomitant services and functionalities. By engaging with, accessing, or using the Website in any capacity, you unreservedly affirm your acceptance of these terms and expressly agree to adhere to and be governed by the stipulations, provisions, and conditions set forth herein.
The Company, in its sole discretion and without prior notice, reserves the irrevocable right to modify, amend, revise, or otherwise change the contents of this Agreement at any juncture. Such alterations become effective immediately upon their publication on the Website or upon dispatching a notification to you via the conventional communication channels employed by the Company. Your continued access to and use of the Website subsequent to any such amendments signifies your unequivocal acceptance of the revised Agreement. Should you harbor any objections to any clause contained within this Agreement or become dissatisfied with the Website in any way, your sole recourse is to discontinue the use of the Website forthwith.
In engaging with the Website, you affirm that you are of legal age to form a binding contract with the Company and are not a person barred from receiving services under the laws of the applicable jurisdiction. Furthermore, you affirm that your acceptance and compliance with these terms do not in any manner contravene, violate, or infringe upon any law or regulation to which you are subject.
This Agreement is intended to ensure a transparent, fair, and lawful framework for the access and use of the Website, and it forms the entire agreement and understanding between you and the Company regarding the Website. By accessing and using the Website, you consent to be bound by the terms and conditions contained herein, as well as by any and all other terms, policies, and guidelines incorporated by reference into this Agreement.
User Responsibilities
Account Security Obligations
The User is entrusted with the responsibility of maintaining the confidentiality and security of their account credentials, including but not limited to, usernames and passwords. The User is liable for all activities that transpire under their account and must immediately notify the Company of any unauthorized use of their account or any other security breaches.
Legal and Ethical Use
The User agrees to utilize the Website in a lawful manner, adhering strictly to all applicable local, national, and international laws and regulations. The User must refrain from using the Website in any way that could damage, disable, overburden, or impair the Website, or interfere with any other party's use and enjoyment of the Website.
Age Requirement
The User affirms that they are at least eighteen (18) years of age, or of legal age to form a binding contract under applicable laws, and possess the legal authority to enter into this Agreement.
Respect for Intellectual Property and Privacy
The User must respect the intellectual property rights and privacy of others, including parties affiliated with or other Users of the Website, and refrain from any activities that would infringe upon such rights.
Intellectual Property Rights
Proprietary Rights
The User acknowledges that all content displayed on the Website, including but not limited to, text, graphics, logos, images, audio clips, digital downloads, and software, is the property of the Company or its content suppliers and is protected by international copyright and intellectual property laws.
Limited License
The User is granted a non-exclusive, non-transferable, limited license to access and use the Website solely for personal, non-commercial purposes. This license is subject to compliance with this Agreement and does not include any rights to (i) sell, resell, or use commercially the Website or its contents; (ii) collect and use any product listings, descriptions, or prices; (iii) make derivative uses of the Website and its contents; or (iv) use data mining, robots, or similar data gathering and extraction tools.
Third-party Services and Content
Third-party Links
The Website may contain links to websites, applications, and services that are owned and operated by third parties ("Third-party Services"). These links are provided for the User’s convenience only and do not imply endorsement by the Company of the Third-party Services.
Disclaimer of Responsibility
The Company disclaims all responsibility for the accuracy, content, or availability of information found on Third-party Services. The Company does not control, endorse, or assume responsibility for the content, privacy policies, or practices of any Third-party Services.
User Due Diligence
The User acknowledges and agrees that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any content, goods, or services available on or through any Third-party Services. Users are encouraged to review the terms and conditions and privacy policies of any Third-party Services they access.
User-generated Content
User Contributions
Users of the Website may have the privilege to post, upload, transmit, or otherwise submit various forms of content, including but not limited to text, photos, videos, and audio (collectively, "User-generated Content"). By providing User-generated Content, Users warrant that they own or have obtained all necessary licenses or permissions to use and authorize the use of such content.
Grant of License
By submitting User-generated Content to the Website, the User grants the Company a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-generated Content in connection with the Website’s services and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
Compliance with Laws
Users agree that any User-generated Content they provide does not violate any applicable law, regulation, or rights of any third party, including but not limited to copyright, privacy, and intellectual property rights.
Termination and Suspension
Breach of Terms
The Company reserves the irrevocable right to terminate or suspend a User's access to the Website, without prior notice, in the event of a User’s breach of these Terms, including any misuse of the Website or behavior the Company deems inappropriate or harmful.
Effect of Termination
Upon termination or suspension, regardless of the reasons therefor, the User's right to access and use the Website will cease immediately, and the User must cease all use of the Website and its services.
Disclaimer of Warranties and Liability
"As Is" Basis
The Website and all content, services, and features available through the Website are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
User Acknowledgment
The User acknowledges and agrees that their use of the Website is at their sole risk and that the Company disclaims all warranties, whether express or implied, as to the accuracy, safety, reliability, timeliness, and performance of the Website.
Exclusion of Liability
The Company, its affiliates, and their respective officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the Website.
Cap on Liability
In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, the Company's liability shall be limited to the extent permitted by law.
Governing Law
Jurisdictional Authority
The Terms, conditions, and any policies associated with the Website are exclusively governed and interpreted according to the laws of the jurisdiction in which the Company is legally registered and established, herein referred to as the "Governing Jurisdiction," without giving effect to any principles of conflicts of law.
Legal Venue
Any legal suits, actions, or proceedings arising out of or related to these Terms shall be instituted exclusively in the federal courts or state courts located in the Governing Jurisdiction, and the parties consent to the jurisdiction and venue of such courts.
Data Privacy and Protection
User Data Security
The Company pledges to maintain the confidentiality, integrity, and security of the Users' personal data. All personal information collected through the Website is subject to stringent data protection measures, consistent with the Website's Privacy Policy.
User Consent for Data Utilization
By engaging with the Website, Users expressly consent to the processing, utilization, and disclosure of their personal information in accordance with the stipulations outlined in the Website's Privacy Policy and under the terms of this Agreement.
Modification of Services
Company's Discretionary Right
The Company retains the discretionary authority to modify, pause, or terminate the Website or its constituent services either in totality or partially, at any given time, with or without direct notice to the User, and shall not be held liable for such actions.
Responsibility of the User
It is incumbent upon the User to regularly review the Website for alterations or updates. The Company's endeavor to notify Users of substantial changes does not absolve Users of their responsibility to stay informed about modifications to the services provided.
User Conduct
Lawful and Considerate Use
Users commit to utilizing the Website solely for legitimate purposes and in a manner that does not infringe upon the rights, restrict, or inhibit the usage and enjoyment of the Website by any third party.
Security Compliance and Restrictions
Users are strictly prohibited from engaging in behavior that compromises the security of the Website. This includes unauthorized access to systems, data, or information; attempting to breach or breaching security and authentication measures; and any acts that may subject the Website or any of its users to network-security risks, malicious attacks, or harm.
Feedback and Suggestions
Contribution of Ideas
The Company welcomes and encourages Users to provide feedback, comments, and suggestions for improvements ("Feedback") to the Website. This allows for continuous enhancement and refinement of the services offered.
Grant of Rights
By submitting Feedback, Users grant the Company an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, perform, and otherwise exploit such Feedback in any manner and for any purpose, including but not limited to, incorporating such Feedback into the Website, its software or other services or products developed by the Company without compensation, acknowledgment, or payment to the User.
Dispute Resolution
Mandatory Arbitration
All disputes, claims, or controversies arising out of or relating to the Website, the services provided, or these Terms shall be resolved by binding arbitration to be conducted before an impartial arbitrator, in accordance with the commercial arbitration rules of the jurisdiction where the Company is established.
Arbitration Location and Procedure
The arbitration shall occur in the Governing Jurisdiction, and both parties agree to abide by the final decision of the arbitration panel.
Waiver of Jury Trial
By accepting these Terms, Users explicitly waive their right to a jury trial, agreeing instead to resolve any disputes through arbitration, as stipulated in this Agreement.
Survival
Surviving Clauses
Certain provisions within these Terms are intended to survive the termination or expiration of this Agreement. These include, but are not limited to, the sections concerning User-generated Content licensing, indemnity obligations, warranty disclaimers, and limitations of liability.
Post-Termination Obligations
The termination or expiration of this Agreement for any reason shall not affect the rights and obligations of the parties accrued prior to the termination date, nor shall it affect any rights or obligations that, either explicitly or by their nature, are intended to continue beyond the termination of this Agreement.
Indemnification
Scope of Indemnification
You, the User, agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, expenses (including reasonable attorneys' fees), allegations, losses, or liabilities arising from or in relation to your use of the Website, your breach of these Terms, or your violation of any rights of another entity or individual.
Defense and Cooperation
In the event of any claim subject to indemnification under this article, the Company shall have the option to assume the exclusive defense and control of any such claim, with the understanding that you shall fully cooperate with the Company in asserting any available defenses.
Limitation on Settlement
You may not settle or compromise any claim or action requiring indemnification from the Company without the Company's prior written consent.
Changes in Terms
Right to Amend
The Company reserves the right, at its sole discretion, to amend, modify, or update these Terms at any time and for any reason without direct notice to Users.
User's Responsibility
It is your responsibility as a User to review these Terms periodically for any changes. Your continued use of the Website following the posting of revised Terms signifies your acceptance of those changes.
Effective Date
Changes to the Terms take effect immediately upon posting unless specified otherwise by the Company.
Contact
Communication with the Company
If you have any questions regarding these Terms, the practices of the Website, or your dealings with the Website, you may contact the Company via email at base@term.surf.
User Support
The Company is committed to providing support and addressing concerns in a timely and efficient manner. Users are encouraged to reach out for assistance or clarification regarding any aspect of the Website or these Terms.