Terms Of Use Agreement
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| ManagerSal.com Terms of Use
Agreement |
| March 26, 2020 |
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| 1. ACCEPTANCE OF TERMS |
| ManagerSal.com is a customer information service designed to
streamline a freelancer's business. The Services
offered by ManagerSal.com ("ManagerSal" or "we") include the
ManagerSal.com website (the "Website") and any features, content, or
applications offered from time to time by ManagerSal.com in connection
with the Website or offline marketing promotions (collectively, the
Service") and are subject to the following Terms of Use
("Terms"). By using the Service in any way, you are
agreeing to comply with these Terms. In addition, when using particular
ManagerSal services, you agree to abide by any applicable posted
guidelines, which may change from time to time. Should you object
to any term or condition of these Terms, any guidelines, or any
subsequent modifications thereto or become dissatisfied with ManagerSal
in any way, your only recourse is to immediately discontinue use of
ManagerSal. |
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| 2. MODIFICATIONS TO THIS AGREEMENT |
We reserve the right to modify these terms and conditions at
any time and the changes become effective immediately upon posting.
You can find the most recent version of these terms at:
https://www.ManagerSal.com/sal.php?ft=eula
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| 3. CONTENT |
| You are entirely responsible for
all Content (i.e. data, photos, images, notes, information, or other
materials) that you post, enter, upload, email or otherwise make
available via the Service. You understand that ManagerSal does not
control, and is not responsible for Content made available through the
Service. You warrant and represent to ManagerSal and to other
Service users that all Content which you post on, transmit through, or
link from the Service does not infringe the intellectual property of
any party and is suitable for viewing by users of all ages and that you
have the right to post, transmit or link such Content on the
Service.
You agree that
under no circumstances will ManagerSal be liable in any way for any
Content or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed or otherwise made available via
the Service. You acknowledge that ManagerSal does not pre-screen or
approve Content, but that ManagerSal shall have the right (but not the
obligation) in its sole discretion to refuse, delete or move any
Content that is available via the Service, for violating the letter or
spirit of the Terms or for any other reason. |
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| 4. PRIVACY AND INFORMATION DISCLOSURE |
ManagerSal has established a Privacy Policy to explain to
users how their information is collected and used, which is located at
the following web address:
https://www.ManagerSal.com/privacy |
| Your use of the ManagerSal website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further
acknowledge and agree that ManagerSal may, in its sole discretion,
preserve or disclose your Content, as well as your information, such as
email addresses, IP addresses, timestamps, and other user information,
if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with
legal process; enforce these Terms; respond to claims that any Content
violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has
been posted or transmitted without their consent or as a form of
harassment; protect the rights, property, or personal safety of
ManagerSal, its users or the general public. |
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| 5. CONDUCT |
| You agree not to post, email, or otherwise make available
Content or Submissions: |
| that is unlawful, harmful, threatening,
abusive, harassing, pornographic, defamatory, libelous, invasive of
another's privacy, or is harmful to minors in any way; |
| that harasses, degrades, intimidates or is
hateful toward an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age, or
disability; |
| that impersonates any person or entity,
including, but not limited to, a ManagerSal employee, or falsely states
or otherwise misrepresents your affiliation with a person or entity
(this provision does not apply to messages that are lawful
non-deceptive parodies of public figures.); |
| that includes personal or identifying information about
another person without that person's explicit consent; |
| that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party, or Content that you
do not have a right to make available under any law or under
contractual or fiduciary relationships; |
| that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment; |
| that disrupts the normal flow of dialogue with an
excessive number of messages (flooding attack) to the Service, or that
otherwise negatively affects other users' ability to use the Service; or |
| use automated means, including spiders,
robots, crawlers, data mining tools, or the like to download data from
the Service - unless expressly permitted by ManagerSal; |
| attempt to gain unauthorized
access to ManagerSal's computer systems or engage in any activity that disrupts, diminishes
the quality of, interferes with the performance of, or impairs the functionality of, the Service or the ManagerSal website; or |
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| 6. LIMITATIONS ON SERVICE |
| You agree that ManagerSal has no responsibility
or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that
ManagerSal reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that
ManagerSal shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service. |
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| 7. ACCESS TO THE SERVICE |
| In exchange for paying the regular subscription fee,
ManagerSal grants you a limited, revocable,
nonexclusive
license to access the Service for your own personal use. This
license does not include any collection, aggregation, copying,
duplication, display or derivative use of the Service nor any use of
data mining, robots, spiders, or similar data gathering and extraction
tools for any purpose unless expressly permitted by ManagerSal. Use of
the Service beyond the scope of authorized access
granted to you by ManagerSal immediately terminates said permission or
license. |
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| 8. TERMINATION OF SERVICE |
| You agree that ManagerSal, in its sole discretion, has
the
right to freeze your account,
or otherwise terminate your access to
or use of the Service (or any part thereof), if ManagerSal believes
that you
have acted inconsistently with the letter or spirit of the Terms or if
your subscription payment is overdue.
Further, you agree that ManagerSal shall not be liable to you or any
third-party for any termination of your access to the Service.
Sections 2, 6, 8 and 12-19 shall survive termination
of these Terms. |
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| 9. PROPRIETARY RIGHTS |
| The Service is protected to the maximum extent
permitted by
copyright laws and international treaties. Content displayed on or
through the Service is protected by copyright as a collective work
and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective work, and/or
copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is
prohibited without the express written consent of ManagerSal. You
further agree not to reproduce, duplicate or copy Content from the
Service without the express written consent of ManagerSal, and agree to
abide by any and all copyright notices displayed on the Service. You
may not decompile or disassemble, reverse engineer or otherwise attempt
to discover any source code contained in the Service. Without limiting
the foregoing, you agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any aspect of the
Service. MANAGERSAL.COM, the Top Hat logo, and Contacts to Contracts
are trademarks
of ManagerSal and the Twisted Balloon Company, LLC. |
Although ManagerSal does not claim ownership of content
that
its users post, by posting Content to any public area of the Service,
you automatically grant, and you represent and warrant that you have
the right to grant, to ManagerSal an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute said Content and to prepare derivative works
of, or incorporate into other works, said Content.
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| 10. DISCLAIMER OF WARRANTIES |
| YOU AGREE THAT USE OF THE MANAGERSAL SITE AND THE
SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE MANAGERSAL SITE AND THE SERVICE ARE
PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND. |
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| 11. LIMITATIONS OF LIABILITY |
| UNDER NO CIRCUMSTANCES SHALL MANAGERSAL BE LIABLE FOR
ANY
DAMAGES OF ANY KIND
RESULTING FROM ANY ASPECT OF YOUR USE OF THE MANAGERSAL SITE OR THE
SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MANAGERSAL
SITE OR THE SERVICE, FROM INABILITY TO USE THE MANAGERSAL SITE OR THE
SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE MANAGERSAL SITE OR THE SERVICE. |
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| 12. INDEMNITY |
| You agree to indemnify and hold ManagerSal, its
officers,
subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any
claim or demand, including reasonable attorney fees and court costs,
made by any third party due to or arising out of Content or Submissions
you submit, post or make available through the Service, your use of the
Service, your violation of the Terms, your breach of any of the
representations and warranties herein, or your violation of any rights
of another. |
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| 13. GENERAL INFORMATION |
| These Terms constitute the entire agreement between you
and
ManagerSal and govern your use of the Service, superseding any prior
agreements between you and ManagerSal. The Terms and the relationship
between you and ManagerSal shall be governed by the laws of the
State of New York without regard to its conflict of law
provisions. You and ManagerSal agree to submit to the personal and
exclusive jurisdiction of the courts located within Kings County, New
York. The failure of ManagerSal to exercise or enforce any
right or provision of the Terms shall not constitute a waiver of such
right or provision. If any provision of the Terms is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the Terms must be
filed within one (1) year after such claim or cause of action arose or
be forever barred. |
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| QUESTIONS OR SUGGESTIONS: |
| If you have questions or suggestions, please
complete a
feedback form or you can contact us at: |
ManagerSal, c/o
The Twisted Balloon Company, LLC
49 Carroll Street
Brooklyn, NY 11231 |
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