Formatically is an online formatting tool. The Formatically service is operated by Formatically LLC ("Formatically"). By using the Formatically website (the "website") you agree to be bound by these Terms of Service (this "Agreement"). Using this website bounds you to the Terms of Service listed below.
This Agreement sets out the legally binding terms of your use of the website and your membership in the Service and may be modified by Formatically at any time and without prior notice, such modifications to be effective upon posting by Formatically on the website. This Agreement includes Formatically's acceptable use policy for content posted on the website, Formatically's Privacy Policy, and any notices regarding the website.
TERM
This Agreement will remain in full force and effect while you use the website and/or are a Member. A Member of Formatically refers to any user or institution that either directly or indirectly accesses or grants access to Formatically's services, with or without payment. You may terminate your membership at any time, for any reason by logging out or canceling your membership. Formatically may terminate your membership for any reason, at any time. Even after membership is terminated, this Agreement will remain in effect.
CONTENT POSTED ON THE SITE
- By submitting unidentifying formatting information ("User Submissions") to Formatically, you hereby grant Formatically a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Formatically website and Formatically's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Formatically website (and derivative works thereof) in any formats and through any channels. You also hereby grant each user of the Formatically Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. These licenses are perpetual and irrevocable.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not transmit any chain letters or junk email to other Members. Although Formaticallycannot monitor the conduct of its Members off the website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Formaticallyreserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Formatically deems appropriate in its sole discretion.
infringement can be reached at hello@formatically.com.
PRIVACY
Use of the website and/or the Service is governed by our Privacy Policy.
COPYRIGHT POLICY
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Formatically's Copyright Agent for notice of claims of copyright s. Formatically is not responsible for any incorrect or inaccurate Content posted on the website or in connection with the Service, whether caused by users of the website, Members or by any of the equipment or programming associated with or utilized in the Service. Formatically is not responsible for the conduct, whether online or offline, of any user of the website or Member of the Service. Formatically assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Formatically is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Formatically be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the website or the Service, any Content posted on the website or transmitted to Members, or any interactions between users of the website, whether online or offline. The website and the Service are provided "AS-IS" and Formatically expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Formatically cannot guarantee and does not promise any specific results from use of the website and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Formatically or through or from the service shall create any warranty not expressly stated herein. Formatically subscriptions renew automatically until cancelled. Formatically is not responsible for any overdraft fees.
PURCHASES
Purchasers of Formatically Pro must be over 13 or must ask for parental consent before purchasing these services.
REFUNDS
Refund policy. Coming soon.
LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will Formatically be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the website or the Service, even if Formatically has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Formatically's liability to you, for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Formatically for the Service during the term of membership. All Members, including but not limited to individual users and school subscribers, are subject to this clause.
DISPUTES
If there is any dispute about or involving the website and/or the Service, by using the website, you agree that the dispute will be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Virginia.
IDEMNITY
You agree to indemnify and hold Formatically, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
NO AGENCY
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Formatically and any User of the Service.
OTHER
Agreement, accepted upon use of the website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Formatically regarding the use of the website and/or the Service. The failure of Formatically to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact hello@formatically.com with any questions regarding this agreement.
Formatically is a service mark of Formatically LLC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.