Commit 0c784c4a authored by Boris Budini's avatar Boris Budini 🛡
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Cleanup for ToS

parent 01d83e68
---
layout: legal-post
permalink: /legal/terms-of-service
image: /assets/media/blog/meta/960281.jpg
image:
---
<br>
**Fore-note:**
......@@ -83,7 +83,7 @@ In other words, be mindful about how you use our services. If you are breaking l
In other words, it’s up to you to be careful when accessing third-party resources on the Internet—they’re outside of our control and we cannot be blamed for any negative outcomes. If you have a problem with them, please let those services know directly!
## 5. Payments and Billing - Acceptable Payment Methods<br>
**5.1** Collective68 accepts Paypal payments. Subscribers who choose to pay with PayPal will be strictly limited to a single Collective68 Account per PayPal account. Virtual credit cards and gift cards typically will not be accepted. Other forms of payment may be arranged by contacting Collective68 at email@collective68.tech. Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement.<br>
**5.1** Collective68 accepts Paypal payments. Subscribers who choose to pay with PayPal will be strictly limited to a single Collective68 Account per PayPal account. Virtual credit cards and gift cards typically will not be accepted. Other forms of payment may be arranged by contacting Collective68 at [email@collective68.tech](mailto:email@collective68.tech). Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement.<br>
**5.2** We use third-party payment processors (the "Payment Processors") to bill you for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment
####### Billing and Terms<br>
......@@ -95,7 +95,7 @@ In other words, it’s up to you to be careful when accessing third-party resour
**5.6** Payments not made within ten (10) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than ten (10) days overdue, without the requirement of providing notice of such arrears, Collective68 may suspend service to such account and bring legal action to collect the full amount due, including any attorneys' fees and costs.
Suspension for Nonpayment<br>
**5.7** If a Subscriber is past due on their balance, Collective68 may send up to three (3) email notifications within a fifteen (15) day period before suspending the Subscriber's account. Service and instances will be temporarily powered off during the suspension period. Collective68 reserves the right to delete the Subscriber's suspended machines after the final termination notice.
In other words, we currently accept payment through major credit cards and PayPal. Virtual credit cards and gift cards will often not be accepted, as we believe there is high risk of fraud and abuse with these methods of payment. You may, however, reach out to us at email@collective68.tech to discuss potential alternate methods of payment. You’re typically billed monthly (around the first of the month) for the prior month’s usage. And please make sure to keep your billing account information updated!
In other words, we currently accept payment through major credit cards and PayPal. Virtual credit cards and gift cards will often not be accepted, as we believe there is high risk of fraud and abuse with these methods of payment. You may, however, reach out to us at [email@collective68.tech](mailto:email@collective68.tech) to discuss potential alternate methods of payment. You’re typically billed monthly (around the first of the month) for the prior month’s usage. And please make sure to keep your billing account information updated!
Promotional Credit<br>
**5.8** As of March 6, 2015, redemption of promotional credit is limited to 12 months from the date of issue (unless otherwise stated), at which time the credit will expire. Upon redemption, promotional credit expires after 12 months unless otherwise defined in the terms of the promotion. For instances where promotional credit was issued or redeemed prior to March 6, 2015, that credit will expire on March 6, 2016.<br>
**5.9** Only one promotional code is permitted per customer, and may be redeemed only by "new users," defined as users who are within 30 days of launching their first Droplet.
......@@ -135,7 +135,7 @@ In other words, it’s pretty unlikely we'll be sharing confidential information
In other words, we trust that you’ll be responsible and back up your own data. Things happen!
## 10. Publicity<br>
**10.1** Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Subject to Collective68's Privacy Policy, each Subscriber agrees that Collective68 may include such Subscriber's name and trademarks in a list of Collective68 Subscriber, online or in promotional materials. Each Subscriber also agrees that Collective68 may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this Section **10.1** by e-mailing a request to email@collective68.tech.<br>
**10.1** Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Subject to Collective68's Privacy Policy, each Subscriber agrees that Collective68 may include such Subscriber's name and trademarks in a list of Collective68 Subscriber, online or in promotional materials. Each Subscriber also agrees that Collective68 may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this Section **10.1** by e-mailing a request to [email@collective68.tech](mailto:email@collective68.tech).<br>
In other words, we’re proud to have the quality of customers that we do. If it comes up, we may mention you!
## 11. Indemnification<br>
......@@ -170,5 +170,5 @@ In other words, if we can’t work it out, let’s avoid spending a lot of money
<br>**16.2** You are granted a limited, non-exclusive right to create a hypertext link to the Website found at {{site.website}}; provided such link does not portray Collective68 and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Collective68 trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page without Collective68's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Collective68 or any third party.
<br>**16.3** The Website contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by Collective68, but not limited to, the mark " Collective68". Collective68 and the Collective68 product names (such as {{site.website}}) referenced in the Website are either trademarks, service marks or registered trademarks of Collective68. Any unauthorized use of same is strictly prohibited and all rights in same are reserved by Collective68. No use of any Collective68 trademark may be made by any third party without express written consent of Collective68. Other products and company names mentioned in the Website may be the trademarks of their respective owners.
<br>**16.4** Elements of Collective68's Website are protected by trade dress, trademark, unfair competition, and other local and international laws and may not, unless otherwise permitted hereunder, be copied in whole or in part. No logo, graphic, or image from the Website may be copied or retransmitted without Collective68's express written permission unless these materials are licensed in a permissive Creative Commons license or are noted by Collective68 as public domain. The images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website are the property of Collective68 or its licensors and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Website, Collective68 owns copyright or patent rights in the selection, coordination, arrangement and enhancement of any images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website. You may copy such images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of such images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Collective68.
<br>**16.5** This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to the Services. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed electronically or, as set out above, your access and use of the Services will manifest your consent to this Agreement. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. All references to "laws," "rules," or "regulations" references any and all applicable laws, rules and regulations, whether domestic or foreign. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@Collective68.com.<br>
<br>**16.5** This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to the Services. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed electronically or, as set out above, your access and use of the Services will manifest your consent to this Agreement. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. All references to "laws," "rules," or "regulations" references any and all applicable laws, rules and regulations, whether domestic or foreign. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email@collective68.tech](mailto:email@collective68.tech).<br>
In other words, neither you nor us can be held responsible for non-performance of these terms given circumstances outside of reasonable control (e.g. extreme weather, natural disasters, telecommunications outages, Internet disturbances, a zombie apocalypse... you get the idea).
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