Prettysmart Terms of Service
These terms of service (the “Terms”) are entered into between you and Prettysmart Design Inc. and its subsidiaries and affiliates (“Prettysmart” “we,” “us,” “our”). The following Terms govern your access to and use of the Prettysmart website www.prettysmart.co, mobile websites, mobile applications, and your use of our interactive features, templates, products, assets, tools, downloads and/or other online services (collectively, the “Services”).
Access and Use of Prettysmart Services.
We reserve the right to withdraw or amend our Services in our sole discretion and without notice. We will not be liable if for any reason all or part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of, or the entirety of, the Services, to users including registered users.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of it using your user name, password, or other security information. If you are using the Services for or on behalf of an organization, you are agreeing to these Terms on behalf of that organization, and you represent and warrant that you can do so. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, if, in our opinion, you have violated any provision of these Terms.
The Services may also contain chat areas, chat bots, or other message or communication features (collectively, “Interactive Features”). You agree to use the Interactive Features only to post, send, and receive messages and material that are proper and relevant to the Prettysmart Services. You agree to use any Interactive Features in accordance with these Terms.
Prettysmart does not control or endorse the content, messages, or information found in any Interactive Feature and specifically disclaims any liability with regard to the Interactive Feature and any actions resulting from your use of the Interactive Feature. Prettysmart reserves the right to review content submitted to an Interactive Feature and to remove any content at any time without notice to you for any reason whatsoever.
In consideration for the receipt of the Services, you agree to pay Prettysmart the specified fees upon sign-up. Monthly subscriptions will be automatically billed every thirty (30) days. We reserve the right to increase the fees from time to time upon written notice to you. Any fees provided for in these Terms or applicable payment form are exclusive of and do not include any foreign or domestic governmental taxes or charges of any kind imposed by any federal, state, or local government (e.g. excise, sales, use, property, license, value-added taxes, etc.). Any such taxes that are imposed shall be your sole responsibility.
Any payment not received by the due date will accrue late charges at a rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is higher, from the date such payment was due until the date paid.
If your payment is outstanding for seven (7) days or more, in addition to any other rights or remedies, Prettysmart reserves the right to suspend the Services until such outstanding payments are paid in full.
The length of each term will be monthly or annually depending on which pricing package you select. All packages will automatically renew unless you notify Prettysmart in writing at least thirty (30) days in advance of the next billing period.
Intellectual Property Rights.
All contents, features, and functionality (including but not limited to all information, software, text, trademarks, logos, displays, images, video, and audio, and the design, selection, and arrangement thereof) included in the Services are owned by Prettysmart, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not copy distribute, reproduce, modify, mirror, frame, publicly display, publicly perform, translate, create derivative works, republish or transmit the Services, in whole or in part, or in any way, unless as specifically permitted herein or with our prior written consent.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by Prettysmart. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You may not use any name, logo, tagline or other mark of Prettysmart without our prior written consent.
- Your Content.
All content that you upload or submit using the Services, including without limitation, images, photos, text, trademarks, slogans, trade dress, audio, videos, fonts, logos, and any other materials (“User IP”) will remain yours. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, translate, create derivative works, publicly display, perform, and distribute your User IP in order for us to provide the Services.
You understand and acknowledge that you are responsible and assume any risk for any User IP including the legality, reliability, accuracy, and appropriateness of such content. We do not endorse nor are we responsible for any User IP and will not be liable for any loss or damage caused by your User IP.
We reserve the right (but have no obligation), in our sole discretion, to: (i) monitor User IP; (ii) alter, remove, or refuse to post or allow to be posted any User IP through the Services; (iii) disclose any User IP, and the circumstances surrounding its transmission; and (iv) take appropriate legal action against any illegal or unauthorized User IP.
You represent and warrant that any User IP provided by you will not contain material that:
- is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory or otherwise objectionable;
- is false, misleading or inaccurate;
- promotes sexually explicit content;
- poses a reasonable threat to personal or public safety;
- infringes any patent, trademark, trade secret, copyright, or other intellectual property or privacy, publicity, or other rights of any other person;
- contains any unsolicited or unauthorized advertising or promotional materials (e.g. spam, junk mail, or any other form of solicitation that is in violation of the CAN-SPAM Act, GDPR, CCPA or any other law; or
- contains any virus or other harmful component.
YOU SHALL BE SOLELY LIABLE FOR ANY HARM RESULTING FROM ANY OF THE ABOVE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PRETTYSMART FROM ANY CLAIMS, ACTIONS, LOSSES, HARM, DAMAGE, INJURY, COST, OR EXPENSE ARISING OUT OF OR RESULTING FROM YOUR USER IP.
- Copyright Infringement
Prettysmart respects the intellectual property of others. If you believe that content provided through the Services constitutes infringement of your copyright, in accordance with the Digital Millennium Copyright Act, please provide our Designated Agent with a written communication including the following information:
- Evidence of your authorization to act on behalf of the owner of the copyrighted work;
- A description of the copyrighted work that you claim has been infringed;
- A description of and link to where the alleged infringing material is located;
- Your address, telephone number, and email address;
- A 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 owner’s behalf; and
- Your physical or electronic signature.
Our Designated Agent can be reached by email at [email protected].
Third-Party Services, Extensions, and Materials.
The Services may contain certain content, features, links, functionality, extensions, and other services that are provided by third-parties (collectively, “Third-Party Materials”) and are not under the control of Prettysmart nor is Prettysmart responsible for the accuracy, completeness, timeliness, or reliability of Third-Party Materials.
Your use of and interaction with such Third-Party Materials may be subject to separate terms and conditions of that third-party and Prettysmart is not responsible for any form of transmission received from any Third-Party Materials. The inclusion of Third-Party Materials does not imply an endorsement by Prettysmart or any association with the third-party. Each third-party is responsible for providing all support, maintenance, and technical assistance to you with respect to its Third-Party Materials. If you decide to use or access any of the third-party websites linked to or as an extension to the Services you do so entirely at your own risk and subject to the terms and conditions of use for such third-parties.
You acknowledge and agree that we may, at any time and in our sole discretion, and without notice to you, suspend, disable access to or remove any Third-Party Materials. Prettysmart is not liable for any suspension, interruption, or removal of any Third-Party Materials.
Restrictions on Use.
You agree not to access or use the Services for any purpose that is unlawful or prohibited by these Terms, including without limitation, to:
- transmit any information or message that contains unlawful, infringing, threatening, fraudulent, libelous, defamatory, obscene or abusive information or language;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- impersonate any person or entity without proper authorization from that person or entity;
- falsely state or misrepresent your affiliation with any person or entity, including the origin of any information you provide;
- reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit the Services, or any portion thereof without the prior written consent of Prettysmart, except that content on the Services may be viewed, reproduced, and downloaded solely for your own authorized use as a paying customer and is not in use or shared in any way that is commercially prejudicial to or competitive with Prettysmart;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services, or attempt to probe, scan, test the vulnerability of, or breach the security of any Prettysmart system or network;
- interfere with or attempt to interfere with any software making up a part of the Services, by way of circumvention, reverse engineering, deciphering, decompiling, disassembling, decrypting, or otherwise;
- introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technically harmful;
- use any robot, spider, intelligent agent, other automatic device or manual process to search, monitor, or copy the Website, or the reports, data, information, content, software, products, or other materials on, generated by or obtained from the Services or any other unauthorized automated means to compile information without Prettysmart’s permission, with the exception of generally available third-party web browsers;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
- use the Services in any manner that could damage or overburden any Prettysmart server, or any network connected to any Prettysmart server, as all servers have limited capacity and are used by many people;
- upload or transmit any communication, software, or material that contains a virus or is otherwise harmful to Prettysmart or our users’ computers and/or systems;
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that in our sole discretion, exposes us or any of our users, employees, affiliates, or any other third-party to any liability, damage, or detriment of any type;
- advertise, offer to sell or buy any goods or services for any business purpose, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or
- violate any applicable laws or regulations.
Violation of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
The Services are not intended for anyone under the age of 16. If you are under the age of 16 you may only use the Services with the consent of your parent or legal guardian.
YOUR USE OF THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PRETTYSMART NOR ANY PERSON ASSOCIATED WITH PRETTYSMART MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. PRETTYSMART DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, PRETTYSMART HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, TITLE, SECURITY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PRETTYSMART, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING ANY WEBSITES LINKED TO THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, ANY ALLEGED FAILURE OR PERFORMANCE ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICES, OR ANY ALLEGED TRANSMISSION OF COMPUTER VIRUS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL PRETTYSMART’S LIABIILTY EXCEED THE AMOUNT(S) YOU PAID PRETTYSMART FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.
You agree to defend, indemnify, and hold harmless Prettysmart, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User IP, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
Governing Law and Jurisdiction.
All matters relating to the Services and/or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Class Action Waiver.
You expressly waive any ability to maintain any class action in any forum. Any arbitration, claim, or other proceedings between you and Prettysmart shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis.
Waiver and Severability.
No waiver by Prettysmart of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Prettysmart to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.