Use and enjoyment of services (“Service”) from Moritz Fine Designs, owned and operated by Moritz Fine Designs, is provided to you under the Moritz Fine Designs Terms and Conditions of Service (“Terms and Conditions of Service” or “Agreement”). Moritz Fine Designs reserves the right to update and change the Terms and Conditions of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms and Conditions of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Member can review the most current version of the Terms and Conditions of Service at any time at this URL:
Violation of any of the terms below will result in the termination of your software. You agree to use the software at your own risk. 1. Intellectual Property License
General PHP License
Moritz Fine Designs Proprietary Use License
NOTICE: Distribution of Printable Lists in its entirety inherently violates the Moritz Fine Designs Proprietary Use License. Further, use of the Printable Lists brand (trademark) to distribute the GPL portions of Printable Lists is a violation of trademark law. 2. Modification to the Service and Prices
Moritz Fine Designs 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 upgrade packages, are subject to change at anytime. Moritz Fine Designs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. 3. Payments and Refunds
Payment — A valid credit card or PayPal account is required for purchasing upgrades or additional products or services.
Refunds — You have 7 days to request a refund for any purchase from Moritz Fine Designs. 4. Indemnity and Limitation of Liability
Licensee will indemnify and hold harmless Moritz Fine Designs and its, affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Moritz Fine Designs to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims alleging conduct that would amount to a breach of any of Company’s representations and warranties, including these Terms and Conditions. Moritz Fine Designs SHALL NOT BE LIABLE TO LICENSEE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF MORITZ FINE DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL MORITZ FINE DESIGNS BE LIABLE TO LICENSEE FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY LICENSEE TO MORITZ FINE DESIGNS FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT.
Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply. 5. Cancellation and Termination
Moritz Fine Designs, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Moritz Fine Designs service, for violation of these Terms of Service. 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. Moritz Fine Designs reserves the right to refuse service to anyone for any reason at any time, and to refund your payment and terminate your account in the sole discretion of Moritz Fine Designs.
If Licensee is dissatisfied with any aspect of the Service(s) after the 7-day refund period, your sole and exclusive remedy is to terminate the Agreement and/or the Service(s) Terms by requesting your Service to be removed. Reasons for Moritz Fine Designs’ determination to so terminate, suspend or discontinue your Service may include, but is not limited to, if Moritz Fine Designs believes that you violated the Agreement or other policies or guidelines of the Service, or if Moritz Fine Designs believes Licensee conduct may be harmful to other licensees who participate in (or offer to its users) the Service (and/or any part thereof).
All decisions made by Moritz Fine Designs in this matter will be final and Moritz Fine Designs shall not have any liability regarding such decisions. 6. Force Majeure
If Service is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, Moritz Fine Designs shall not be liable for any resulting failure to provide services hereunder. 7. Notices
Any notices or communications under the agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Moritz Fine Designs, such notices shall be addressed to email@example.com. If to Licensee, such notices shall be addressed to the electronic address specified by Licensee. It is the Licensee’s responsibility to provide an accurate address and to ensure that the Service is notified of any changes to applicant’s address as specified in this section. 8. Governing Law, Venue and Attorneys Fees
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Indiana. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Hamilton County, Indiana. In the event of litigation to enforce any provision of the Terms and Conditions, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees. 9. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your use of the Service’s products and services, including, without limitation, the Service Web Sites. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in the Agreement and these Terms of Service and in any Programs Terms by clicking on the “Purchase Now” button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the “Purchase Now” button, you accept the Agreement, including, without limitation, the Programs Terms and agree to the terms, conditions and notices contained or referenced therein. When you click on the “Purchase Now” button during enrollment, you also consent to have the Agreement provided to you in electronic form. You have the right to receive the Agreement in non-electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including, without limitation, a computer and modem or other access device. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain the Agreement that create a material risk that you will not be able to continue to access and/or retain the electronic Agreement. 10. General Conditions
*Each Licensee uses the Service at Licensee’s sole risk. The Service is provided on an “as is” and “as available” basis.
* Technical support is available via email, Skype or phone at a cost established at the time of support.
*Licensee must not use any Moritz Fine Designs digital products in a manner not permitted by the Terms of Service agreement, and must not distribute any Moritz Fine Designs digital products to third parties by any means, including but not limited to posting download links at public or private forums, websites, peer-to-peer networks, torrents, or email lists. Moritz Fine Designs reserves all rights with respect to its intellectual property, logs and all remedies, in law and in equity.
* Member must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Moritz Fine Designs, or any other Moritz Fine Designs service.
*Member agrees not to reproduce, duplicate, copy, sell, resell or exploit any aspect of the Service, use of the Service, or access to the Service without the express written permission by Moritz Fine Designs.
*Moritz Fine Designs may, but has no obligation to, remove Content and Accounts containing 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 Moritz Fine Designs customer, employee, member, or officer will result in immediate termination of service.
* Moritz Fine Designs 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, or (v) any errors in the Service will be corrected.
* The trademarks, service marks, product names and company names or logos appearing on MoritzFineDesigns.com may not be used without express permission.
* Licensee expressly understands and agrees that Moritz Fine Designs 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 Moritz Fine Designs 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. Moritz Fine Designs liability to you shall not, for any reason, exceed the amount actually paid by you to Moritz Fine Designs.
*The failure of Moritz Fine Designs 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 Moritz Fine Designs and govern your use of the Service, superseding any prior agreements between you and Moritz Fine Designs (including, but not limited to, any prior versions of the Terms of Service).