Terms of Service
By signing up for the Catalog Machine service (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Catalog Machine reserves the right to update and change the Terms of Service by posting updates and changes to the service website. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.catalogmachine.com/terms. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Violation of any of the terms below will result in the termination of your Account. While Catalog Machine prohibits such conduct and Content on the Service, you understand and agree that Catalog Machine cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide a valid email address and any other information needed in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Catalog Machine cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You are responsible for all activity that occurs under your account.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- The Service will be billed in monthly intervals. There are no refunds for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- When your billing period is over, you will be automatically billed through valid credit card on file. You have five days to bring up and settle any issues with the billing.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Catalog Machine does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time from My Account page
- Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- If you cancel the Service in the middle of the month, your cancellation will take effect immediately and you will not be charged again.
- We reserve the right to modify or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Catalog Machine reserves the right to refuse service to anyone for any reason at any time.
- Your account with all Content may be permanently removed due to prolonged inactivity for more than 3 months.
Modifications to the Service and Prices
- Catalog Machine reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service Site.
- Catalog Machine shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Technical support is provided by email only.
- No guarantees are made regarding the response itself, problem resolution or response time for the support requests.
- We do, however, aim to provide the best support service possible, and in most cases we will do everything possible to help you.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- You shall defend Catalog Machine against any claim, demand, suit or proceeding made or brought against Catalog Machine by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Catalog Machine for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Catalog Machine in connection with any such claim, demand, suit or proceeding; provided, that Catalog Machine (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Catalog Machine of all liability); and (c) provides to You all reasonable assistance, at Your expense.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email or the support forum. Support is only available in English.
- You understand that Catalog Machine uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Catalog Machine.
- We may, but have no obligation to, remove Accounts posting Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Catalog Machine customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Catalog Machine) of other Service customers, we reserve the right to immediately disable or throttle your account until you can reduce your bandwidth consumption.
- Catalog Machine does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Catalog Machine shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Catalog Machine has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Catalog Machine to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Catalog Machine and govern your use of the Service, superseding any prior agreements between you and Catalog Machine (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Ontario law.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.