Effective Date: January 01, 2019
Thanks for choosing TheMaidenFactor.org [TMF]. The following Terms of Service apply when you use the TheMaidenFactor.org service, websites, or software applications (together, the “TMF Service” or “Service”). Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not access or use the Service. The following terms and conditions govern all use of the TheMaidenFactor.org website and all content, services and products available at or through the website, including, but not limited to TMF Free and all TMF Paid Subscription accounts. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by TheMaidenFactor.org (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by TMF Ltd, acceptance is expressly limited to these terms. In order to use the TheMaidenFactor.org Service, you need to be 16 or older and have the power to enter a binding contract with us and are not barred from doing so under any applicable laws.
1. The TMF Service: For the purposes of this document, the term “Service” means the Internet Platform provided by TMF Ltd that enables users to aggregate content links for publication on third party websites and/or for sharing aggregated links with other parties together with all software applications, proprietary or otherwise, that comprise the Platform, and any updates, upgrades, derivatives, improvements, enhancements, or extensions of the same. The Service subject to this Terms of Service also encompasses the TMF Website, together with all copy, graphics, photographs, videos, documentation, and other content.
2. End User License Agreement (EULA): TMF Ltd hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or TMF Ltd. TMF Ltd reserves the right to immediately terminate your license if you use the Service in breach of the terms set forth herein.
(a) Ownership: This Term of Service does not confer title, ownership, or any other rights concerning your use of the Service that are not set forth herein. TMF Ltd retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from TMF Ltd. All rights not expressly granted to you herein are reserved by TMF Ltd.
(b) License Restrictions: Violating any of the following restrictions may result in the immediate termination of your License:
(i) General Restrictions: You agree not to: (i) commercially exploit the Service in any way; (ii) provide your password or otherwise grant access to your TheMaidenFactor.org account to any third parties for any purpose whatsoever; (iii) reverse engineer, decompile, disassemble, translate, or prepare derivative works of any TMF Ltd technology or processes (‘System’), or otherwise modify the same, in whole or in part; (iv) use the Service to display material that may be subject to copyright protection without the express consent of the copyright owner; (v) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained within the System; or (vi) otherwise access or utilize the System in any manner other than permitted by this Terms of Service.
(ii) Specific Restrictions: You may not use the Service to display posts from social media accounts or internet sites that are not owned by you without the specific permission of the owner of any such account; (ii) that infringe upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy; (iii) that violate any law, statute, ordinance or regulation; or (iv) that violate the terms of any service that is the source of such posts.
3. Representations and Warranties: The Service is made available to you in reliance upon the following representations and warranties: (i) You are at least sixteen (16) years old; (ii) you will use the Service only to aggregate content links from social media accounts and internet sites that you own or are authorized to use; (iii) you will not use the Service for the purpose of violating any law, statute, rule, or regulation; (iv) you will not use the Service to facilitate the distribution of computer viruses, spyware, or any other malicious code; (v) you will not use the Service to display posts that infringe upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy; and (vi) you will not use the Service in any manner other than as described herein.
4. User Content: By submitting content links to TheMaidenFactor.org, you grant TMF Ltd a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content Links for the purpose of displaying and distributing the content. If you delete Content, TMF Ltd will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
5. Copyright: TheMaidenFactor.org respects the intellectual property rights of others. If you believe that material located on or linked to by TheMaidenFactor.org violates your copyright, you are encouraged to notify TMF Ltd via the contact link available on the Website. TheMaidenFactor.org reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content. TheMaidenFactor.org will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TMF Ltd will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of TheMaidenFactor.org or others. In the case of such termination, TheMaidenFactor.org will have no obligation to provide a refund of any amounts previously paid to TheMaidenFactor.org.
6. No Warranty: TMF Ltd makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the TheMaidenFactor.org Service are free of viruses or other malicious code; and (c) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, social media services and internet websites that source links to content. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. TMF LTD PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
7. No Liability: In no event shall TMF Ltd be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Service, including without limitation to losses incurred due to: (a) software glitches, server failures, power outages, or any other issue beyond TMF Ltd’s control; (b) any delays in or failure of the Service to operate as described; (c) any access to or display of a internet site and/or social media link that is not owned by a user, or otherwise authorized for such user to access or display.
8. Indemnification: We cannot control or monitor the internet links you choose to display. You understand that commercial movies, TV programs, and professional photographic images are subject to copyright laws, and it may be illegal to display such material without the express permission of the copyright owner. You are solely responsible for obtaining such consent, and agree to indemnify, hold harmless, and defend TMF Ltd, together with its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from and against any claims, actions, proceedings, and suits (collectively “Claims”) brought against TMF Ltd by any third party that are associated with your use of the Service (including, but not limited to, copyright claims), and expressly agree to assume liability for any damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees) that may be incurred by TMF Ltd in connection with any Claim subject to this section.
9. Arbitration Agreement and Class Action Waiver: You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, you are waiving the right to a trial by jury or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise.
10. Law and Jurisdiction: These terms and conditions will be governed by and construed in accordance with English Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England.
11. Modification and Notice of Changes: We reserve the right to change, modify, add or remove portions of these Terms of Service, without advance notice to you. We will notify you of any such changes by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
12. Refunds: We do not offer refunds for renewal payments of monthly subscriptions. Please revert to the TheMaidenFactor.org Free Service account or cancel your account to avoid being charged for a subsequent month.
13. Entire Agreement: These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
You can reach us at help@TheMaidenFactor.org
