Terms of Service - LagoAffiliate

Effective Date: May 16, 2018

The following Terms of Service are a legal agreement between you and LagoAffiliate Inc. (“LagoAffiliate”), and govern your use of www.lagoaffiliate.com and its affiliated Sites www.lagomart.com (collectively the “LagoAffiliate Sites”). These Terms of Service include the LagoAffiliate Privacy Policy and all other policies referenced below or elsewhere on the LagoAffiliate Sites. You understand that by using the LagoAffiliate Sites, you are agreeing to these Terms of Service. If you do not accept all of these Terms of Service, you may not access or use the LagoAffiliate Sites. If you are using the LagoAffiliate Sites for a business, your agreement to these Terms of Service will be treated as the agreement of the business, and all references to “you” and “your” will apply to that business.

In these Terms of Service, all related content, software and documentation, are collectively referred to as the “Services”, whereas WordPress software, documentation, Support Services and Plugins, are collectively referred to as the “Products”.

Amendments.

You agree that we may, in our sole discretion, amend these Terms of Service at any time, in any way and from time to time. We will publish details of our proposed amendments to these Terms of Service in a notice to this effect on our webSites. This notice will identify the specific amendments we propose making and the date on which these proposed amendments will become effective.

You agree that such a notice will be adequate notice of the proposed amendments and that these amendments shall automatically come into effect on the date specified in this notice. You further agree that it is your responsibility to review these Terms of Service regularly in the event that we do publish a notice of proposed changes. Your continued use of the LagoAffiliate Products and or Services (except where your continued use of LagoAffiliate Services is permissible in terms of, for example, specific licenses) will be subject to you agreeing to the amended Terms of Service.

LagoAffiliate Account.

You do not need a LagoAffiliate account to visit the LagoAffiliate Sites.

Products.

Part of our WordPress Products are licensed under the GPL (click here to find out more about the GPL).

Some of our WordPress Products have been contributed by 3rd Party service providers. These 3rd Party service providers may change from time to time and the Products they contribute may not always be available through the LagoAffiliate Services.

As we pointed out above, you can purchase Support Services. With your purchase, you will receive access to a Support Service developed to support the specific paid Products you have purchased. The LagoAffiliate WebSites contain more information about the specific Support Service you receive with each paid Product purchase. The corresponding Support Service is valid for 1 year from the date of your purchase, regardless of which paid Product you purchase, after which time the Support Service will come to an end.

Support Services are only available to you and you may not transfer them to any other person without our express, written consent. We may refuse to give consent for this at our discretion.

These Terms of Service shall continue to bind you for so long as you make use of LagoAffiliate Products.

Changes to the Products.

We may change any aspect of the LagoAffiliate Products on written notice to you. These changes may include discontinuing aspects of the Products in its entirety. In the event we do make any changes to any aspect of the LagoAffiliate Products, we will publish updated information which shall detail the –

proposed changes to the Products; and

the date on which these proposed changes shall be implemented.

Changes to the LagoAffiliate Products may, at our sole discretion, require consequential changes to fees payable for and delivery timeframes applicable to the aspects of the LagoAffiliate Products affected by the changes. We will similarly notify you of any such changes to fees payable or delivery timeframes.

Fees.

Subscription fees if applicable are payable in advance. By purchasing Subscriptions, you authorize us to charge your payment method immediately and on a pre-pay basis for the Subscription period indicated. We may, in our sole discretion, suspend any aspect of the LagoAffiliate Subscriptions which you have not paid for.

You may claim a refund of any fees you have paid for any Subscription within 1 month of your purchase (or based on our affiliate claim) . Your use of the LagoAffiliate Products you are claiming a refund for may be terminated when you are refunded.

Without detracting from any of our rights, you agree that we are entitled to discontinue any aspect of the Subscription you may be using if you fail to pay any amount when it falls due or if you breach these Terms of Service. In the event we incur expenses to recover amounts you owe us, you further agree that we may recover our legal costs on the attorney and own client scale, collection charges and tracing fees, and any applicable Tax.

Content.

The LagoAffiliate Sites includes content provided by LagoAffiliate (“LagoAffiliate Content”) and content that is uploaded, posted, submitted or otherwise transmitted by you and other users of the LagoAffiliate Sites (“User Content”).

(a)LagoAffiliate Content. All LagoAffiliate Content is owned by or licensed to LagoAffiliate, subject to copyright and other intellectual property rights under the USA and/or foreign laws and international conventions. LagoAffiliate Content is provided to you AS IS and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. LagoAffiliate reserves all rights not expressly granted in and to the LagoAffiliate Content. You agree to not engage in the use, copying, or distribution of any of the LagoAffiliate Content other than expressly permitted herein. If you download or print any LagoAffiliate Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the LagoAffiliate Sites or features that prevent or restrict use or copying of any LagoAffiliate Content or enforce limitations on use of the LagoAffiliate Sites or LagoAffiliate Content.

(b)Your User Content. You retain all rights in any User Content that you provide to the LagoAffiliate Sites. You are solely responsible for your User Content and the consequences of posting or publishing it. You grant to LagoAffiliate a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access your User Content in connection with the operation of the LagoAffiliate Sites and the Services in any media formats and through any media channels, and you grant to each other LagoAffiliate Sites user a similar non-exclusive license to access and use your User Content through the LagoAffiliate Sites. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions and releases to grant the foregoing licenses. You acknowledge and agree that all of your User Content will comply with our Copyright and IP Policy as set forth in Exhibit A below.

(c)Disclaimer. LagoAffiliate does not guarantee that any LagoAffiliate Content or User Content will be made available through the LagoAffiliate Sites, continuously or at all. WHILE LAGOAFFILIATE IS UNDER NO OBLIGATION TO DO SO, LAGOAFFILIATE RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE LAGOAFFILIATE SITES WITHOUT NOTICE, AND FOR ANY REASON LAGOAFFILIATE DEEMS SUFFICIENT. LagoAffiliate does not have any obligation to monitor any User Content for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of such content or anything said, depicted or written by LagoAffiliate Sites users, including, without limitation, any information obtained by using the LagoAffiliate Sites or Services. LagoAffiliate does not endorse any User Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LagoAffiliate with respect thereto.

Obligations of LagoAffiliate Site Users.

The LagoAffiliate Sites may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the LagoAffiliate Sites. In addition, without limitation, you agree that you will not do any of the following while using or accessing the LagoAffiliate Sites:

(a) Upload, post, submit or otherwise transmit any User Content:

(i) to which you do not have the lawful right to copy, transmit and display

(ii) that infringes any third party’s intellectual property rights (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right or moral right or right of publicity). LagoAffiliate has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the LagoAffiliate Copyright and Intellectual Property Policy attached hereto as Exhibit A for further information;

(iii) that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of LagoAffiliate;

(iv) that includes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of unsolicited or unauthorized solicitation;

(v) that contains a software virus or any other computer code, files, or programs designed to (A) interrupt, destroy or limit the functionality of any computer software; or (B) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the LagoAffiliate Sites; or

(vi) that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content.

(b) Circumvent, disable or otherwise interfere with security-related features of the LagoAffiliate Sites or features that prevent or restrict use or copying of any content;

(d) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the LagoAffiliate Sites to send altered, deceptive or false source-identifying information;

(e) Tamper with, interfere with or disrupt (or attempt to do so) the availability of any aspect of the LagoAffiliate Sites or Services, any servers or networks connected to the LagoAffiliate Sites or Services, or the technical delivery systems of LagoAffiliate or any LagoAffiliate provider;

(f) Attempt to probe, scan or test the vulnerability of any LagoAffiliate system or network or breach or impair or circumvent any security or authentication measures protecting the LagoAffiliate Sites or Services;

(g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LagoAffiliate Sites or Services;

(h) Attempt to access, search or meta-search the LagoAffiliate Sites or Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by LagoAffiliate or other generally available third party web browsers;

(i) Collect or store personal data about other LagoAffiliate Sites or Services users without their express permission; or

(j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud.

Termination or Modification.

LagoAffiliate reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the LagoAffiliate Sites or modify or terminate these Terms of Service, the LagoAffiliate Privacy Policy, or the LagoAffiliate Copyright and Intellectual Property Policy without advance notice. If any modification is not acceptable to you, your only recourse is to cease using the LagoAffiliate Sites. By continuing to use the LagoAffiliate Sites after any such modifications, you accept and agree to be bound by such modifications. Without limiting other remedies, LagoAffiliate may at any time suspend or terminate your access to the LagoAffiliate Sites or Services without notice to you if LagoAffiliate determines in its discretion that you have failed to comply with any provision of these Terms of Service.

Feedback.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the LagoAffiliate Sites (“Feedback”). You may submit Feedback by emailing us at info@lagoaffiliate.com or through the contact form on the LagoAffiliate Sites. You acknowledge and agree that all Feedback will be the sole and exclusive property of LagoAffiliate and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to LagoAffiliate together with all intellectual property rights therein.

Indemnification.

You agree to defend, indemnify and hold LagoAffiliate and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the LagoAffiliate Sites, LagoAffiliate Content or User Content; (ii) your violation of this Agreement; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that your User Content caused damage to a third party, including, without limitation, claims that your User Content is infringing.

Disclaimer.

THE LAGOAFFILIATE SITES AND ALL CONTENT MADE AVAILABLE THROUGH THE LAGOAFFILIATE SITES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND. LAGOAFFILIATE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LAGOAFFILIATE SITES AND SUCH CONTENT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, LAGOAFFILIATE MAKES NO REPRESENTATION OR WARRANTY THAT THE LAGOAFFILIATE SITES OR ANY SUCH CONTENT WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL LAGOAFFILIATE OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE LAGOAFFILIATE SITES OR ANY CONTENT MADE AVAILABLE THROUGH THE LAGOAFFILIATE SITES, INCLUDING WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY LAGOAFFILIATE SITES USER, ONLINE OR OFFLINE, WHETHER OR NOT LAGOAFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LAGOAFFILIATE’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF SERVICE WILL NOT EXCEED $1. LAGOAFFILIATE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY ERRORS OR ANY SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS RELATING TO THE LAGOAFFILIATE SITES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Force Majeure.

LagoAffiliate will not be liable to you by reason of any failure or delay in performance on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, earthquakes, or internet connectivity or failure issues experienced by major telecommunications providers or a LagoAffiliate co-location facility, for the duration of such event and for such further period of time that LagoAffiliate may reasonably require to recover from the effects of such event.

Notice; Consent to Electronic Notice.

You consent to the use of (a) electronic means to complete these Terms of Service and deliver any notices pursuant to these Terms of Service, and (b) electronic records to store information related to these Terms of Service or your use of the LagoAffiliate Sites or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by LagoAffiliate via email (in each case to the address that you provide), (y) a posting on the LagoAffiliate Sites or (z) by you via email to legal@lagoaffiliate.com or to such other addresses as LagoAffiliate may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Other WebSites.

The LagoAffiliate Sites may provide links to third party webSites, and such links are provided for reference only. We encourage you to read the use terms of each third party webSites you visit, including webSites which are linked to the LagoAffiliate Sites and/or which have deployed the Services. Please keep in mind that LagoAffiliate has no control over (and LagoAffiliate disclaims any responsibility or liability to you for) the content, privacy policies, activities or practices of any third party webSites, including webSites that deploy the Services, or for any harms, injuries or losses you might suffer as a result of using or accessing such webSites.

Miscellaneous.

In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. This Agreement will be governed by and interpreted in accordance with the laws of the Province of Ontario excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Service will be brought exclusively in courts located in Ontario, Canada, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. These Terms of Service together with the rules and policies of LagoAffiliate incorporated herein by reference constitute the entire agreement between LagoAffiliate and you with respect to your use of the LagoAffiliate Sites.

Questions.

If you have questions about these Terms of Service please email LagoAffiliate through the “Contact us” section of the LagoAffiliate Sites or at support@lagoaffiliate.com.

Exercise Your Rights.Request to be removed:

Request Access to your data:

Submit a complaint:

Request rectification:

Exhibit A

LagoAffiliate Copyright & Intellectual Property Policy

NOTIFICATION OF COPYRIGHT INFRINGEMENT

LagoAffiliate respects the intellectual property rights of others and expects its users to do the same. In accordance with the USA Intellectual Property Copyright Act, LagoAffiliate will respond expeditiously to claims of copyright infringement committed using the LagoAffiliate webSites or service that are reported to LagoAffiliate’s in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the LagoAffiliate webSites and service (collectively the “Service”) by completing the following Notice of Alleged Infringement and delivering it to LagoAffiliate. Upon receipt of Notice as described below, LagoAffiliate will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service and/or termination of the LagoAffiliate user’s account in appropriate circumstances.

Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to LagoAffiliate:

Copyright Agent c/o LagoAffiliate Inc. 22 Baitao 2nd ST. Chungli district, Taoyuan city, Taiwan or jason@lagoaffiliate.com

COUNTER NOTICES

One who has posted material that allegedly infringes a copyright may send LagoAffiliate a counter-notice. When LagoAffiliate receives a counter-notice, we may in our discretion reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please return the following form to LagoAffiliate. Please note that if you provide a counter notice, in accordance with the LagoAffiliate Privacy Policy located at https://www.lagoaffiliate.com/privacy-policy/ to the complaining party.

COUNTER NOTICE

Identification of the material that has been removed or to which access has been disabled on LagoAffiliate service and the location at which the material appeared before it was removed or access to it was disabled:
I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, telephone number and, if available, email address:
- I hereby state that I consent to the jurisdiction of the Federal Court for the judicial district in which my address is located or, if my address is outside of Canada, for any judicial district in which LagoAffiliate may be found, and I will accept service of process from the complaining party who notified LagoAffiliate of the alleged infringement or an agent of such person.
Your physical or electronic signature (full legal name):____________________________

The Counter Notice should be delivered to LagoAffiliate.

Copyright Agent c/o LagoAffiliate Inc. 22 Baitao 2nd ST. Chungli district, Taoyuan city, Taiwan or legal@lagoaffiliate.com

NOTIFICATION OF TRADEMARK INFRINGEMENT

If you believe that your trademark (the “Mark”) is being used by a user in a way that constitutes trademark infringement, please provide LagoAffiliate’s Designated Copyright Agent (specified above) with the following information:

Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
Information reasonably sufficient to permit LagoAffiliate to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for LagoAffiliate to determine without unreasonable effort that the IP has been infringed;
Information reasonably sufficient to permit LagoAffiliate to identify the use being challenged;
A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf of the IP owner.

Upon receipt of notice as described above, LagoAffiliate will seek to confirm the existence of the IP on the Service, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Service. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a), (b) or (c) then LagoAffiliate may exercise its discretion not to remove the IP. If LagoAffiliate decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.

NOTIFICATION OF OTHER INTELLECTUAL PROPERTY (“IP”) INFRINGEMENT

If you believe that some other IP right of yours is being infringed by a user, please provide LagoAffiliate’s Designated Copyright Agent (specified above) with the following information:

Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
Information reasonably sufficient to permit LagoAffiliate to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for LagoAffiliate to determine without unreasonable effort that the IP has been infringed;
Information reasonably sufficient to permit LagoAffiliate to identify the use being challenged;
A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf of the IP owner.

LAGOAFFILIATE HAS NO OBLIGATION TO ADJUDICATE IP CLAIMS – USER’S AGREEMENT TO HOLD US HARMLESS FROM CLAIMS

Claimants and users must understand that LagoAffiliate is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold LagoAffiliate harmless from any resulting claims of infringement.

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