1. Acceptance of Terms
Welcome to Online Compliment Generator. These Terms of Service govern your access to and use of onlinecomplimentgenerator.com, including any content, functionality, and services offered on or through onlinecomplimentgenerator.com (the "Service").
By accessing or using the Service, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use the Service.
2. Changes to Terms
We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Service thereafter.
Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
3. Access and Use of the Service
3.1 Eligibility
The Service is intended for users who are at least 13 years of age. By using the Service, you represent and warrant that you meet this requirement and that you are not barred from using the Service under applicable law.
3.2 Prohibited Uses
You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.
- To generate compliments or other content that is offensive, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable.
3.3 System Security
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access.
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Service, overloading, "flooding," "spamming," "mailbombing," or "crashing."
4. User Accounts
4.1 Account Creation
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
4.2 Account Security
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
5. User-Generated Content
5.1 Content Submission
Our Service allows you to post, submit, publish, display, or transmit content, including but not limited to compliments, comments, and feedback ("User Content"). All User Content must comply with these Terms of Service.
5.2 Content License
By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed.
5.3 Content Responsibility
You are solely responsible for any User Content you post on or through the Service, and the consequences of posting or publishing it. We have the right, without obligation, to monitor, edit, or remove content that violates these Terms of Service or that is otherwise objectionable.
6. Intellectual Property Rights
6.1 Service Content
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Online Compliment Generator and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
6.2 Generated Compliments
Compliments generated through our Service are provided for personal use. You may use, share, and adapt the compliments for personal purposes, but you may not sell, license, or otherwise commercialize compliments generated through our Service without our express written permission.
6.3 Trademarks
The Online Compliment Generator name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Online Compliment Generator or its affiliates or licensors. You may not use such marks without the prior written permission of Online Compliment Generator.
7. Privacy Policy
Our Privacy Policy, available at onlinecomplimentgenerator.com/en/privacy, describes how we collect, use, and share information about you when you use our Service. By using the Service, you consent to our collection, use, and sharing of information as described in our Privacy Policy.
8. Payments and Subscriptions
8.1 Premium Features
Certain features of the Service may require payment of fees. You agree to pay all fees and charges associated with your account on a timely basis and according to the terms and rates in effect at the time the fee or charge becomes payable.
8.2 Subscription Terms
For subscription-based services, your subscription will automatically renew at the end of each subscription period unless you cancel it prior to the renewal date. You can cancel your subscription at any time through your account settings.
8.3 Refunds
Except as required by law, all purchases are final and non-refundable. If you believe you are entitled to a refund, please contact us at [email protected].
9. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service, or you may request account deletion through your account settings.
10. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ONLINE COMPLIMENT GENERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ONLINE COMPLIMENT GENERATOR MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR 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, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
11. Limitation of Liability
IN NO EVENT SHALL ONLINE COMPLIMENT GENERATOR, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN SOME JURISDICTIONS, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES IS NOT ALLOWED. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold harmless Online Compliment Generator, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14. Dispute Resolution
14.1 Informal Resolution
Before filing a claim against Online Compliment Generator, you agree to try to resolve the dispute informally by contacting us at [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Online Compliment Generator may bring a formal proceeding.
14.2 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms of Service, including the breach, termination, or validity thereof, shall be finally resolved by arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA).
14.3 Class Action Waiver
YOU AND ONLINE COMPLIMENT GENERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
16. Entire Agreement
These Terms of Service constitute the entire agreement between you and Online Compliment Generator regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.