Halftonepro.com Terms of Service

  1. Acceptance of Terms
  2. Account registration
  3. Use of the Services
  4. Pricing and Payment Terms
  5. Communications
  6. Content Ownership and Conduct
  7. Intellectual Property
  8. Confidential Information
  9. Termination
  10. Changes to the Services
  11. Sole Remedy
  12. Jurisdiction
  13. Entire Agreement / Translation / Interpretation
  14. No Waiver
  15. Warranty Disclaimer
  16. Limitation of Liability

  1. Acceptance of Terms

    2. HalftonePro owns halftonepro.com, software for creating halftone patterns from images, the "Service".

    BY ACCESSING AND USING THE SERVICE IN WHOLE OR IN PART YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW (THE "TERMS OF SERVICE"). IF YOU REPRESENT A COMPANY, YOU AGREE THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF SERVICE ON BEHALF OF YOUR COMPANY, AND BY ACCESSING AND USING THE SERVICES IN WHOLE IN OR IN PART YOU AGREE ON BEHALF OF YOU AND YOUR COMPANY TO BE BOUND BY THESE TERMS OF SERVICE.

    In these Terms of Service, we may refer to HalftonePro as "us", or "we", and "you" shall refer to you and, where applicable, to your company. Any and all use of the Service is subject to these Terms of Service. If you do not agree to be subject to these Terms of Service, do not use the Service. BY CONTINUING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

    HALFTONEPRO RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, UPDATE, ADD, OR REMOVE PORTIONS OF THE TERMS OF SERVICE AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. PLEASE CHECK THESE TERMS OF SERVICE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICE AFTER THE POSTING OF ANY CHANGES TO THE TERMS OF SERVICE WILL SIGNIFY YOUR ACCEPTANCE OF THOSE CHANGES. You can review the most current version of the Terms of Service at any time at https://halftonepro.com/terms

    Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. These Terms of Service cover your use of the Service, and you agree that these Terms of Service apply to your use of the Service. "Users" or Accounts shall refer to any and all individuals or organizations using the Service.

    BY USING THE SERVICE, YOU ALSO CONSENT AND AGREE TO THE TERMS OF THE HALFTONEPRO PRIVACY POLICY. You can review the most current version of the Privacy Policy at any time at https://halftonepro.com/privacy

  2. Account registration

    3. If you are under the age of 18, you must have the explicit permission of a parent or guardian to sign up for any paid services on Service.

    You must register to access and use certain parts of the Service.

    One person or legal entity may not maintain more than one free account.

    When you enter or try to use a part of the Service that requires registration, you will be prompted to create an account (a "User Account") or log into your existing User Account. You understand that if you are so prompted you will not be able to continue using that portion of the Service without having a User Account.

    You are responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account, whether or not made with your knowledge or authority. HalftonePro cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  3. Use of the Service

    4. HalftonePro grants to you a non-exclusive license to access and use the Service in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Service, in whole or in part.

    HalftonePro shall use all commercially reasonable efforts to make its Service available 24 hours a day, 7 days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays.

    HalftonePro shall provide you with basic online support for the Services at no additional charge, and/or upgraded support if purchased separately, and shall provide the Service only in accordance with applicable laws and government regulations.

  4. Pricing and Payment Terms

    1. Subscription Fees: You understand that certain services require monthly and/or annual payments ("Subscription Fee") to continue to use such services. These fees are posted and updated periodically on the HalftonePro's HalftonePro web site (halftonepro.com).
    2. Payment: Unless otherwise stated, all fees are in U.S. Dollars. A valid credit card or a PayPal payment validation is required for Subscription Fees and Transaction Fees. Free accounts are not required to provide a credit card number. An upgrade from the free plan to any paying plan will immediately bill you.
    3. General: You agree to pay all charges that are applicable to you as set forth on the HalftonePro website and/or in these Terms of Service. You agree that the address and email address you provide in your account settings are valid addresses and that HalftonePro may contact you at such addresses or through other electronic or facsimile communications. HalftonePro reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the HalftonePro website and will be effective after such posting. HalftonePro reserves the right but has no obligation to notify you through the contact information you provide of any such changes.
    4. Refunds:Any fees paid to HalftonePro by you pursuant to these Terms of Service are nonrefundable. The Service is billed in advance and is non-refundable.
    5. Nonpayment: If, for whatever reason, your payment method fails, and the payment does not go through, HalftonePro reserves the right to suspend your access to the Service. If you fail to pay the applicable charge within five (5) days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, HalftonePro reserves the right to cancel your account. In the event HalftonePro cancels your account for non-payment, all amounts due and unpaid from you to HalftonePro for use of the Service shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, HalftonePro reserves the right to seek payment using any remedies allowed to it by law. HalftonePro shall have the right to recoup all payments due to it under this agreement as set forth in this agreement.
    6. Disputes: If you wish to dispute any charge invoiced to you by HalftonePro, you agree to submit the disputed charge to us no later than five (5) business days after the disputed charge is posted to your account. You are responsible for reviewing any charges made to your account. You may submit a disputed charge by contacting us through the HalftonePro website, email, telephone, or mail.

  5. Communications

    6. HalftonePro reserves the right to contact you from time to time for feedback about the Service. We may also contact you regarding service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, notices posted on the HalftonePro websites. Notices will be deemed effective at the time they are sent by HalftonePro or as of the date they are posted, regardless of whether you actually read any such notices.

    You consent that any emails, surveys, other information or feedback regarding the Services or the Websites that you provide to HalftonePro through the Services or via any other medium, except for Personally Identifiable Information, as defined in the HalftonePro Privacy Policy, can be used by HalftonePro in any manner, including but not limited to for reviews and ratings on HalftonePro or third party websites. This does not apply to work you may submit, create, develop, collaborate on, or otherwise work on in connection with using the service, and you will retain all rights in and to any work to the extent it is original work created by you, subject to Section 6 "Content Ownership and Conduct", below.

  6. Content Ownership and Conduct

    7. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

    You acknowledge that you are responsible for the information and content that you produce, import, store and access to the Service ("Content"), and that you will have full responsibility for the Content, including its legality, reliability, appropriateness, originality and copyright. You further agree that you will not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGE RESULTING FROM ANY INFRINGEMENT OF COPYRIGHTS, TRADEMARKS, PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM THE CONTENT.

    YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY CONTENT YOU PRODUCE USING SERVICES. HalftonePro will not license your Public Content to any third parties without your explicit permission.

    HalftonePro reserves the right, but not the obligation, to remove any Public Content which violates this agreement. When using the Services, you may be exposed to Public Content from a variety of sources, and HalftonePro is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Public Content, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that you and other users may be able to create, post, submit, or otherwise display Content and other information using the Service.

    You may not use the Service to do any of the following:

    1. create, upload, post, transmit, or otherwise make available any items that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
    2. harass another person or entity;
    3. harm minors;
    4. target any marketing efforts to minors 13 years of age or under;
    5. engage in or facilitate any infringement or misappropriation of, or create, upload, post, cause a display or performance of, transmit or otherwise make available any content that infringes, any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
    6. create, upload, post, transmit or otherwise make available any content that you do not have a right to make available under law or contractual or fiduciary relationships;
    7. upload or transmit spam or unsolicited messages using the send, share, or other transmission capabilities of the Websites;
    8. cause or facilitate a display or performance of, or otherwise make publicly available any copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
    9. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
    10. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
    11. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
    12. disguise the origin of any content transmitted through any of the Websites;
    13. create, upload, post, cause a display or performance of, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment;
    14. upload, post, engage in or facilitate any activities that change the visual character, general or specific, of the Websites;
    15. employ automated systems (including crawlers, spiders, robots, etc) that send more requests to HalftonePro's servers than possible to do by a human using a conventional web-browser in the same amount of time. However, HalftonePro allows the operators of public search engines to use spiders to copy materials from the Websites for sole purpose of creating public accessibility, but does not grant these operators permission to store, cache, or archive such materials for any other purpose; or
    16. interfere with or disrupt the Websites or servers or networks connected thereto, or disobey any applicable policies or regulations of networks connected to the Websites.

    You further agree that if you upload, post, transmit or otherwise display any mature material, you will a) do so only and completely in accordance with all applicable laws and with these Terms of Service, and b) mark or otherwise visibly designate all such material as "Mature Material" in a way that is easily evident to Users.

  7. Intellectual Property

    8. The look and feel of the Service is copyright ©2015 HalftonePro Software.

    HalftonePro retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the "HalftonePro Intellectual Property") that are the exclusive property of HalftonePro and/or its licensors. We do not transfer any rights in or to the HalftonePro Intellectual Property to you.

    Content of the Services that incorporates or includes any of the HalftonePro Intellectual Property may not be used, copied, reproduced, distributed, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of HalftonePro or the rightful owner, as applicable.

  8. Confidential Information

    9. Confidential Information is any oral, written, graphic or machine-readable information disclosed by HalftonePro that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential.

    Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Service. You agree to not disclose or use any Confidential Information without the prior written consent of HalftonePro, and to maintain the confidentiality of the Confidential Information.

  9. Termination

    10. Upon termination of your use of the Service for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate.

  10. Changes to the Service

    11. HalftonePro has the right to change or modify, upgrade, add to, or discontinue the Service or any portion or feature thereof at any time without notice. HalftonePro also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Service or to the Services without restriction.

  11. Sole Remedy

    12. Your only remedy for any dispute with HalftonePro is to stop using the Service.

  12. Jurisdiction

    13. These Terms of Service shall be governed by and construed in accordance with the laws of Romania, without regard to its conflicts of laws principles. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service and your use of the Services resides in the courts of the Country and County of Cluj-Napoca, Romania and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

  13. Entire Agreement / Translation / Interpretation

    14. These Terms of Service, other HalftonePro legal policies as posted on the Websites, and any operating rules for the Services established by HalftonePro constitute the entire agreement between HalftonePro and you regarding your use of the Services. If any provision of these Terms of Service should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Service if no such modification is possible, and the other provisions of these Terms of Service shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.

  14. No Waiver

    15. A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

  15. Warranty Disclaimer

    16. The Services are provided "AS IS", "WITH ALL FAULTS", and "AS AVAILABLE". YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. HalftonePro does not GUARANTEE that users will be able to access the Service at all times or places, that HalftonePro will have adequate capacity for all users, OR THAT THE SERVICE WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, HALFTONEPRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. HALFTONEPRO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICE. HALFTONEPRO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND HALFTONEPRO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

    You understand that HalftonePro uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  16. Limitation of Liability

    17. IN NO EVENT SHALL HALFTONEPRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

    1. ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT,
    2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES,
    3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,
    4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS,
    5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
    6. ANY ERRORS OR OMISSIONS IN ANY CONTENT,
    7. USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY,
    8. YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Questions about the Terms of Service should be sent to [email protected]