Terms of Service
Welcome to OrdinarySoft!
1.
Your relationship with OrdinarySoft
1.1 Your
use of OrdinarySoft’s products, software,
services and web sites (referred to collectively
as the “Services” in this document and excluding
any services provided to you by OrdinarySoft
under a separate written agreement) is subject
to the terms of a legal agreement between you
and OrdinarySoft. “OrdinarySoft” means
OrdinarySoft, whose principal place of business
is at Jovtneva7a-15, Vishneve, Ukraine, 08132 .
This document explains how the agreement is made
up, and sets out some of the terms of that
agreement.
1.2
Unless otherwise agreed in writing with
OrdinarySoft, your agreement with OrdinarySoft
will always include, at a minimum, the terms and
conditions set out in this document. These are
referred to below as the “Universal Terms”.
1.3 Your
agreement with OrdinarySoft will also include
the terms of any Legal Notices applicable to the
Services, in addition to the Universal Terms.
All of these are referred to below as the
“Additional Terms”. Where Additional Terms apply
to a Service, these will be accessible for you
to read either within, or through your use of,
that Service.
1.4 The
Universal Terms, together with the Additional
Terms, form a legally binding agreement between
you and OrdinarySoft in relation to your use of
the Services. It is important that you take the
time to read them carefully. Collectively, this
legal agreement is referred to below as the
“Terms”.
1.5 If
there is any contradiction between what the
Additional Terms say and what the Universal
Terms say, then the Additional Terms shall take
precedence in relation to that Service.
2.
Accepting the Terms
2.1 In
order to use the Services, you must first agree
to the Terms. You may not use the Services if
you do not accept the Terms.
2.2 You
can accept the Terms by:
(A)
clicking to accept or agree to the Terms, where
this option is made available to you by
OrdinarySoft in the user interface for any
Service; or
(B) by
actually using the Services. In this case, you
understand and agree that OrdinarySoft will
treat your use of the Services as acceptance of
the Terms from that point onwards.
2.3 You
may not use the Services and may not accept the
Terms if (a) you are not of legal age to form a
binding contract with OrdinarySoft, or (b) you
are a person barred from receiving the Services
under the laws of the United States or other
countries including the country in which you are
resident or from which you use the Services.
2.4
Before you continue, you should print off or
save a local copy of the Universal Terms for
your records.
3.
Language of the Terms
3.1
Where OrdinarySoft has provided you with a
translation of the English language version of
the Terms, then you agree that the translation
is provided for your convenience only and that
the English language versions of the Terms will
govern your relationship with OrdinarySoft.
3.2 If
there is any contradiction between what the
English language version of the Terms says and
what a translation says, then the English
language version shall take precedence.
4.
Provision of the Services by OrdinarySoft
4.1
OrdinarySoft has subsidiaries and affiliated
legal entities around the world (“Subsidiaries
and Affiliates”). Sometimes, these companies
will be providing the Services to you on behalf
of OrdinarySoft itself. You acknowledge and
agree that Subsidiaries and Affiliates will be
entitled to provide the Services to you.
4.2
OrdinarySoft is constantly innovating in order
to provide the best possible experience for its
users. You acknowledge and agree that the form
and nature of the Services which OrdinarySoft
provides may change from time to time without
prior notice to you.
4.3 As
part of this continuing innovation, you
acknowledge and agree that OrdinarySoft may stop
(permanently or temporarily) providing the
Services (or any features within the Services)
to you or to users generally at OrdinarySoft’s
sole discretion, without prior notice to you.
You may stop using the Services at any time. You
do not need to specifically inform OrdinarySoft
when you stop using the Services.
4.4 You
acknowledge and agree that if OrdinarySoft
disables access to your account, you may be
prevented from accessing the Services, your
account details or any files or other content
which is contained in your account.
4.5 You
acknowledge and agree that while OrdinarySoft
may not currently have set a fixed upper limit
on the number of transmissions you may send or
receive through the Services or on the amount of
storage space used for the provision of any
Service, such fixed upper limits may be set by
OrdinarySoft at any time, at OrdinarySoft’s
discretion.
5.
Use of the Services by you
5.1 In
order to access certain Services, you may be
required to provide information about yourself
(such as identification or contact details) as
part of the registration process for the
Service, or as part of your continued use of the
Services. You agree that any registration
information you give to OrdinarySoft will always
be accurate, correct and up to date.
5.2 You
agree to use the Services only for purposes that
are permitted by (a) the Terms and (b) any
applicable law, regulation or generally accepted
practices or guidelines in the relevant
jurisdictions (including any laws regarding the
export of data or software to and from the
United States or other relevant countries).
5.3 You
agree not to access (or attempt to access) any
of the Services by any means other than through
the interface that is provided by OrdinarySoft,
unless you have been specifically allowed to do
so in a separate agreement with OrdinarySoft.
You specifically agree not to access (or attempt
to access) any of the Services through any
automated means (including use of scripts or web
crawlers) and shall ensure that you comply with
the instructions set out in any robots.txt file
present on the Services.
5.4 You
agree that you will not engage in any activity
that interferes with or disrupts the Services
(or the servers and networks which are connected
to the Services).
5.5
Unless you have been specifically permitted to
do so in a separate agreement with OrdinarySoft,
you agree that you will not reproduce,
duplicate, copy, sell, trade or resell the
Services for any purpose.
5.6 You
agree that you are solely responsible for (and
that OrdinarySoft has no responsibility to you
or to any third party for) any breach of your
obligations under the Terms and for the
consequences (including any loss or damage which
OrdinarySoft may suffer) of any such breach.
6.
Your passwords and account security
6.1 You
agree and understand that you are responsible
for maintaining the confidentiality of passwords
associated with any account you use to access
the Services.
6.2
Accordingly, you agree that you will be solely
responsible to OrdinarySoft for all activities
that occur under your account.
6.3 If
you become aware of any unauthorized use of your
password or of your account, you agree to notify
OrdinarySoft immediately at
http://www.tidyfavorites.com/contact.php
7.
Privacy and your personal information
7.1 For
information about OrdinarySoft’s data protection
practices, please read OrdinarySoft’s privacy
policy at
http://www.tidyfavorites.com/privacy.html.
This policy explains how OrdinarySoft treats
your personal information, and protects your
privacy, when you use the Services.
7.2 You
agree to the use of your data in accordance with
OrdinarySoft’s privacy policies.
8.
Content in the Services
8.1 You
understand that all information (such as data
files, written text, computer software, music,
audio files or other sounds, photographs, videos
or other images) which you may have access to as
part of, or through your use of, the Services
are the sole responsibility of the person from
which such content originated. All such
information is referred to below as the
“Content”.
8.2 You
should be aware that Content presented to you as
part of the Services, including but not limited
to advertisements in the Services and sponsored
Content within the Services may be protected by
intellectual property rights which are owned by
the sponsors or advertisers who provide that
Content to OrdinarySoft (or by other persons or
companies on their behalf). You may not modify,
rent, lease, loan, sell, distribute or create
derivative works based on this Content (either
in whole or in part) unless you have been
specifically told that you may do so by
OrdinarySoft or by the owners of that Content,
in a separate agreement.
8.3
OrdinarySoft reserves the right (but shall have
no obligation) to pre-screen, review, flag,
filter, modify, refuse or remove any or all
Content from any Service. For some of the
Services, OrdinarySoft may provide tools to
filter out explicit sexual content. These tools
include the SafeSearch preference settings. In
addition, there are commercially available
services and software to limit access to
material that you may find objectionable.
8.4 You
understand that by using the Services you may be
exposed to Content that you may find offensive,
indecent or objectionable and that, in this
respect, you use the Services at your own risk.
8.5 You
agree that you are solely responsible for (and
that OrdinarySoft has no responsibility to you
or to any third party for) any Content that you
create, transmit or display while using the
Services and for the consequences of your
actions (including any loss or damage which
OrdinarySoft may suffer) by doing so.
9.
Proprietary rights
9.1 You
acknowledge and agree that OrdinarySoft (or
OrdinarySoft’s licensors(Denys Nazarenko)) own
all legal right, title and interest in and to
the Services, including any intellectual
property rights which subsist in the Services
(whether those rights happen to be registered or
not, and wherever in the world those rights may
exist). You further acknowledge that the
Services may contain information which is
designated confidential by OrdinarySoft and that
you shall not disclose such information without
OrdinarySoft’s prior written consent.
9.2
Unless you have agreed otherwise in writing with
OrdinarySoft, nothing in the Terms gives you a
right to use any of OrdinarySoft’s trade names,
trade marks, service marks, logos, domain names,
and other distinctive brand features.
9.3 If
you have been given an explicit right to use any
of these brand features in a separate written
agreement with OrdinarySoft, then you agree that
your use of such features shall be in compliance
with that agreement, any applicable provisions
of the Terms, and OrdinarySoft's brand feature
use guidelines as updated from time to time.
9.4
Other than the limited license set forth in
Section 11, OrdinarySoft acknowledges and agrees
that it obtains no right, title or interest from
you (or your licensors) under these Terms in or
to any Content that you submit, post, transmit
or display on, or through, the Services,
including any intellectual property rights which
subsist in that Content (whether those rights
happen to be registered or not, and wherever in
the world those rights may exist). Unless you
have agreed otherwise in writing with
OrdinarySoft, you agree that you are responsible
for protecting and enforcing those rights and
that OrdinarySoft has no obligation to do so on
your behalf.
9.5 You
agree that you shall not remove, obscure, or
alter any proprietary rights notices (including
copyright and trade mark notices) which may be
affixed to or contained within the Services.
9.6
Unless you have been expressly authorized to do
so in writing by OrdinarySoft, you agree that in
using the Services, you will not use any trade
mark, service mark, trade name, logo of any
company or organization in a way that is likely
or intended to cause confusion about the owner
or authorized user of such marks, names or
logos.
10.
License from OrdinarySoft
10.1
OrdinarySoft gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive
license to use the software provided to you by
OrdinarySoft as part of the Services as provided
to you by OrdinarySoft (referred to as the
“Software” below). This license is for the sole
purpose of enabling you to use and enjoy the
benefit of the Services as provided by
OrdinarySoft, in the manner permitted by the
Terms.
10.2 You
may not (and you may not permit anyone else to)
copy, modify, create a derivative work of,
reverse engineer, decompile or otherwise attempt
to extract the source code of the Software or
any part thereof, unless this is expressly
permitted or required by law, or unless you have
been specifically told that you may do so by
OrdinarySoft, in writing.
10.3
Unless OrdinarySoft has given you specific
written permission to do so, you may not assign
(or grant a sub-license of) your rights to use
the Software, grant a security interest in or
over your rights to use the Software, or
otherwise transfer any part of your rights to
use the Software.
11.
Content license from you
11.1 You
retain copyright and any other rights you
already hold in Content which you submit, post
or display on or through, the Services. By
submitting, posting or displaying the content
you give OrdinarySoft a perpetual, irrevocable,
worldwide, royalty-free, and non-exclusive
license to reproduce, adapt, modify, translate,
publish, publicly perform, publicly display and
distribute any Content which you submit, post or
display on or through, the Services. This
license is for the sole purpose of enabling
OrdinarySoft to display, distribute and promote
the Services and may be revoked for certain
Services as defined in the Additional Terms of
those Services.
11.2 You
agree that this license includes a right for
OrdinarySoft to make such Content available to
other companies, organizations or individuals
with whom OrdinarySoft has relationships for the
provision of syndicated services, and to use
such Content in connection with the provision of
those services.
11.3 You
understand that OrdinarySoft, in performing the
required technical steps to provide the Services
to our users, may (a) transmit or distribute
your Content over various public networks and in
various media; and (b) make such changes to your
Content as are necessary to conform and adapt
that Content to the technical requirements of
connecting networks, devices, services or media.
You agree that this license shall permit
OrdinarySoft to take these actions.
11.4 You
confirm and warrant to OrdinarySoft that you
have all the rights, power and authority
necessary to grant the above license.
12.
Software updates
12.1 The
Software which you use may automatically
download and install updates from time to time
from OrdinarySoft. These updates are designed to
improve, enhance and further develop the
Services and may take the form of bug fixes,
enhanced functions, new software modules and
completely new versions. You agree to receive
such updates (and permit OrdinarySoft to deliver
these to you) as part of your use of the
Services.
13.
Ending your relationship with OrdinarySoft
13.1 The
Terms will continue to apply until terminated by
either you or OrdinarySoft as set out below.
13.2 If
you want to terminate your legal agreement with
OrdinarySoft, you may do so by (a) notifying
OrdinarySoft at any time and (b) closing your
accounts for all of the Services which you use,
where OrdinarySoft has made this option
available to you. Your notice should be sent, in
writing, to OrdinarySoft’s address which is set
out at the beginning of these Terms.
13.3
OrdinarySoft may at any time, terminate its
legal agreement with you if:
(A) you
have breached any provision of the Terms (or
have acted in manner which clearly shows that
you do not intend to, or are unable to comply
with the provisions of the Terms); or
(B)
OrdinarySoft is required to do so by law (for
example, where the provision of the Services to
you is, or becomes, unlawful); or
(C) the
partner with whom OrdinarySoft offered the
Services to you has terminated its relationship
with OrdinarySoft or ceased to offer the
Services to you; or
(D)
OrdinarySoft is transitioning to no longer
providing the Services to users in the country
in which you are resident or from which you use
the service; or
(E) the
provision of the Services to you by OrdinarySoft
is, in OrdinarySoft’s opinion, no longer
commercially viable.
13.4
Nothing in this Section shall affect
OrdinarySoft’s rights regarding provision of
Services under Section 4 of the Terms.
13.5
When these Terms come to an end, all of the
legal rights, obligations and liabilities that
you and OrdinarySoft have benefited from, been
subject to (or which have accrued over time
whilst the Terms have been in force) or which
are expressed to continue indefinitely, shall be
unaffected by this cessation, and the provisions
of paragraph 20.7 shall continue to apply to
such rights, obligations and liabilities
indefinitely.
14.
EXCLUSION OF WARRANTIES
14.1
NOTHING IN THESE TERMS, INCLUDING SECTIONS 14
AND 15, SHALL EXCLUDE OR LIMIT ORDINARYSOFT’S
WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT
BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE
LAW. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR
LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF
CONTRACT OR BREACH OF IMPLIED TERMS, OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE
LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU
AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
14.2 YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE SERVICES IS AT YOUR SOLE RISK AND THAT THE
SERVICES ARE PROVIDED "AS IS" AND “AS
AVAILABLE.”
14.3 IN
PARTICULAR, ORDINARYSOFT, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT
OR WARRANT TO YOU THAT:
(A) YOUR
USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR
USE OF THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY
INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR
USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE, AND
(D) THAT
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY
SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES
WILL BE CORRECTED.
14.4 ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
14.5 NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ORDINARYSOFT OR THROUGH OR
FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
14.6
ORDINARYSOFT FURTHER EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
15.
LIMITATION OF LIABILITY
15.1
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1
ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT
ORDINARYSOFT, ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU
FOR:
(A) ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE
INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY
THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT
NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER
INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF
GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF
DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY
LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU,
INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A
RESULT OF:
(I) ANY
RELIANCE PLACED BY YOU ON THE COMPLETENESS,
ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS
A RESULT OF ANY RELATIONSHIP OR TRANSACTION
BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE
ADVERTISING APPEARS ON THE SERVICES;
(II) ANY
CHANGES WHICH ORDINARYSOFT MAY MAKE TO THE
SERVICES, OR FOR ANY PERMANENT OR TEMPORARY
CESSATION IN THE PROVISION OF THE SERVICES (OR
ANY FEATURES WITHIN THE SERVICES);
(III)
THE DELETION OF, CORRUPTION OF, OR FAILURE TO
STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA
MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE
OF THE SERVICES;
(III)
YOUR FAILURE TO PROVIDE ORDINARYSOFT WITH
ACCURATE ACCOUNT INFORMATION;
(IV)
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT
DETAILS SECURE AND CONFIDENTIAL;
15.2 THE
LIMITATIONS ON ORDINARYSOFT’S LIABILITY TO YOU
IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR
NOT ORDINARYSOFT HAS BEEN ADVISED OF OR SHOULD
HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH
LOSSES ARISING.
16.
Copyright and trade mark policies
16.1 It
is OrdinarySoft’s policy to respond to notices
of alleged copyright infringement that comply
with applicable international intellectual
property law (including, in the United States,
the Digital Millennium Copyright Act) and to
terminating the accounts of repeat infringers.
Details of OrdinarySoft’s policy can be found at
http://www.OrdinarySoft.com/dmca.html.
16.2
OrdinarySoft operates a trade mark complaints
procedure in respect of OrdinarySoft’s
advertising business, details of which can be
found at
http://www.OrdinarySoft.com/tm_complaint.html
17.
Advertisements
17.1
Some of the Services are supported by
advertising revenue and may display
advertisements and promotions. These
advertisements may be targeted to the content of
information stored on the Services, queries made
through the Services or other information.
17.2 The
manner, mode and extent of advertising by
OrdinarySoft on the Services are subject to
change without specific notice to you.
17.3 In
consideration for OrdinarySoft granting you
access to and use of the Services, you agree
that OrdinarySoft may place such advertising on
the Services.
18.
Other content
18.1 The
Services may include hyperlinks to other web
sites or content or resources. OrdinarySoft may
have no control over any web sites or resources
which are provided by companies or persons other
than OrdinarySoft.
18.2 You
acknowledge and agree that OrdinarySoft is not
responsible for the availability of any such
external sites or resources, and does not
endorse any advertising, products or other
materials on or available from such web sites or
resources.
18.3 You
acknowledge and agree that OrdinarySoft is not
liable for any loss or damage which may be
incurred by you as a result of the availability
of those external sites or resources, or as a
result of any reliance placed by you on the
completeness, accuracy or existence of any
advertising, products or other materials on, or
available from, such web sites or resources.
19.
Changes to the Terms
19.1
OrdinarySoft may make changes to the Universal
Terms or Additional Terms from time to time.
When these changes are made, OrdinarySoft will
make a new copy of the Universal Terms available
at
http://www.tidyfavorites.com/license.html
and any new Additional Terms
will be made available to you from within, or
through, the affected Services.
19.2 You
understand and agree that if you use the
Services after the date on which the Universal
Terms or Additional Terms have changed,
OrdinarySoft will treat your use as acceptance
of the updated Universal Terms or Additional
Terms.
20.
General legal terms
20.1
Sometimes when you use the Services, you may (as
a result of, or through your use of the
Services) use a service or download a piece of
software, or purchase goods, which are provided
by another person or company. Your use of these
other services, software or goods may be subject
to separate terms between you and the company or
person concerned. If so, the Terms do not affect
your legal relationship with these other
companies or individuals.
20.2 The
Terms constitute the whole legal agreement
between you and OrdinarySoft and govern your use
of the Services (but excluding any services
which OrdinarySoft may provide to you under a
separate written agreement), and completely
replace any prior agreements between you and
OrdinarySoft in relation to the Services.
20.3 You
agree that OrdinarySoft may provide you with
notices, including those regarding changes to
the Terms, by email, regular mail, or postings
on the Services.
20.4 You
agree that if OrdinarySoft does not exercise or
enforce any legal right or remedy which is
contained in the Terms (or which OrdinarySoft
has the benefit of under any applicable law),
this will not be taken to be a formal waiver of
OrdinarySoft’s rights and that those rights or
remedies will still be available to
OrdinarySoft.
20.5 If
any court of law, having the jurisdiction to
decide on this matter, rules that any provision
of these Terms is invalid, then that provision
will be removed from the Terms without affecting
the rest of the Terms. The remaining provisions
of the Terms will continue to be valid and
enforceable.
20.6 You
acknowledge and agree that each member of the
group of companies of which OrdinarySoft is the
parent shall be third party beneficiaries to the
Terms and that such other companies shall be
entitled to directly enforce, and rely upon, any
provision of the Terms which confers a benefit
on (or rights in favor of) them. Other than
this, no other person or company shall be third
party beneficiaries to the Terms.
20.7 The
Terms, and your relationship with OrdinarySoft
under the Terms, shall be governed by the laws
of the State of California without regard to its
conflict of laws provisions. You and
OrdinarySoft agree to submit to the exclusive
jurisdiction of the courts located within the
county of Santa Clara, California to resolve any
legal matter arising from the Terms.
Notwithstanding this, you agree that
OrdinarySoft shall still be allowed to apply for
injunctive remedies (or an equivalent type of
urgent legal relief) in any jurisdiction.