TERMS OF SERVICE
1. Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and Antechnologie here in after referred to as the “Company” and its legal successors and assigns.
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using the Company’s services, you (Client) agree to be bound by the following terms and conditions.
You also agree that your electronic acceptance of this TOS shall have the same force and effect as if you had agreed to this TOS in writing.
The Company provides its services to Client subject to the following TOS, which may be updated from time to time without notice. You should periodically review the most current version of the same. Failure to comply with the TOS may result in account termination.
If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, you agrees to, and hereby signs, the TOS and the Company is instructed to facilitate the acceptance of Data Savvy Tool’s services as if Client had expressly accepted the TOS.The Client’s acceptance of the TOS is binding upon all of the Company’s services including the purchase of additional services or additional accounts at a later date.
2. Description of Service?
Antechnologie’S products and services combine with the best breed of products in order to transform data into visually digestible information.
Client understands that the Company’s services may include certain communications from the Company such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to the Company’s services that may involve third party fees.
Client is also responsible for all equipment and software necessary to access the Company’s services.
3. Electronic Delivery Policy?
The Company is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from the Company any notices, agreements, disclosures, or other communications. Client agrees that the Company may send electronic Notices in either of the following ways:
A) To the email address provided to the Company at the time of sale; or,
B) To the new email address account Client set up through the Company.
Client agrees to check the designated email addresses regularly for Notices. Notice from the Company is effective when sent by it, regardless of whether the Notice is read or received by Client. ?
4. Unacceptable Practices
As the Company strives to offer the very best service, there are certain guidelines and policies that must govern its efforts and relationships with its clients. Practices that are in violation of the Company’s guidelines and policies are strictly forbidden and may result in the immediate termination of the Company’s services. Such decisions are at the sole discretion of the latter.
You, as Client, agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s sales operationis the sole responsibility of the Client. The Company may also, at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice.
5. Intellectual Property Policy
The Company respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. It may terminate sales for copyright or trademark infringement, or for any other reason the Company deems appropriate as it may relate to Client’s use of another’s intellectual property.
6. International Use?
Recognizing the global nature of the Internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with:
a) all laws and regulations regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business; and,
b) all laws and regulations regarding the collection and processing of personal data, including those relating to the trans-border transfer of personal data.??
7. Enhancements to Online Photo Booth
Client may purchase enhancements at the time of initial sale or anytime thereafter. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request.
8. Technical Support
The Company’s technical support department should be contacted for any concerns with respect to the service or product rendered.
Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at the Company’s hourly rate and that the latter may charge Client’s account for such technical support fees.
9. Marketing Representations?
The Company makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to the Company are due at time of sale and hosting services and are not contingent upon Client’s marketing of said website. Client is responsible for all marketing of Client’s website.
10. Termination/Cancellation of Services?
The Company, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if it believes the Client has violated the TOS.
11. Proprietary Rights?
The Client acknowledges and agrees that the Company’s services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Company’s services.
12. Use of Client Information?
The Client hereby agrees that any information or ideas submitted to the Company by any means may be used by the latter without compensation or liability to Client for any purpose whatsoever.
13. Disclaimer of Warranties?
CLIENT’S USE OF THE COMPNAY’S SERVICES IS AT CLIENT’S OWN RISK. THE COMPANY’S SERVICES ARE PROVIDED “AS IS”. THUS, THE COMPANY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
14. Tort Claims and Other Claims?
Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against the Company, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against the Company in Client’s individual capacity and not as a member of a class.
This agreement shall be governed exclusively by the laws of Ireland, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within Ireland. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the Ireland, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non conveniens or otherwise. Should there be a breach of this provision, the non-breaching party shall be entitled to an award of attorney fees.
16. Electronic Signatures?
Selecting and submitting “accept” on the electronic copy of the TOS, submitting content through the online web center, making payment, or submitting information or documents to the Company so that the latter may perform services for the Client, the same shall constitute an electronic signature.
Finally, the Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Company’s services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
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