terms-of-service

Memberpages.app terms of service

By signing up for the memberpages.app service (“Service”) or any of the services of memberpages.app (“memberpages.app”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. memberpages.app reserves the right to update and change the Terms of Service by posting updates and changes to the memberpages.app website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, memberpages.app’s Privacy Policy, and, if applicable, Data Processing Addendum (“DPA”), before you may become a memberpages.app user. Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using memberpages.app or any memberpages.app services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

1.1. You represent and understand that:

1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service;

2. you understand that memberpages.app does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith

3. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process;

4. You acknowledge that memberpages.app will use the email address you provide as the primary method for communication;

5. You are responsible for keeping your password secure. memberpages.app cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password;

6. You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your memberpages.app account.

And specifically regarding your User Content:

7. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by memberpages.app for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;

8. you have (and will maintain) the full power, title, licenses, consents and authority to allow memberpages.app to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.

9. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for memberpages.app and/or your End Users to access, import, copy, upload, use or possess in connection with the memberpages.app Services;

10. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

1.2. You undertake and agree to:

1. fully comply with all applicable laws and any other contractual terms which govern your use of the memberpages.app Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

2. be solely responsible and liable with respect to any of the uses of the memberpages.app Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the memberpages.app Services);

3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;

4. receive from time to time promotional messages and materials from memberpages.app or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;

5. allow memberpages.app to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of memberpages.app’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against memberpages.app or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;

6. memberpages.app’s sole discretion as to the means, manner, and method for performing the memberpages.app Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

7. memberpages.app shall have the right to offer the memberpages.app Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the memberpages.app Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

1.3. You agree and undertake not to:

1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the memberpages.app Website, the memberpages.app Services (or any part thereof), any Content offered by memberpages.app or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without memberpages.app’s prior written and specific consent and/or as expressly permitted under the memberpages.app Terms;

2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of memberpages.app or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;

5. upload, insert, collect or otherwise make available within the memberpages.app Website or the memberpages.app Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

6. publish and/or make any use of the memberpages.app Services or Licensed Content on any website, media, network or system other than those provided by memberpages.app, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the memberpages.app Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by memberpages.app, in advance and in writing;

7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the memberpages.app Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the memberpages.app Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the memberpages.app Services;

8. act in a manner which might be perceived as damaging to memberpages.app’s reputation and goodwill or which may bring memberpages.app into disrepute or harm;

9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use memberpages.app or memberpages.app Marks and/or variations and misspellings thereof;

10. impersonate any person or entity or provide false information on the memberpages.app Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to memberpages.app and/or any End Users;

11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that memberpages.app or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;

12. reverse look-up, trace, or seek to trace another User of memberpages.app Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the memberpages.app Services and/or User Platform without their express and informed consent;

13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the memberpages.app Services, User Platform, the account of another User(s), or any other systems or networks connected to the memberpages.app Services, by hacking, password mining, or other illegitimate or prohibited means;

14. probe, scan, or test the vulnerability of the memberpages.app Services or any network connected to the memberpages.app Services;

15. upload to the memberpages.app Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the memberpages.app Services or memberpages.app’s systems or networks connected to the memberpages.app Services, or otherwise interfere with or disrupt the operation of any of the memberpages.app Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

17. use any of the memberpages.app Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

18. access to memberpages.app Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or memberpages.app Services, except as expressly permitted by the memberpages.app Terms;

20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the memberpages.app Services and/or Licensed Content; or

21. violate, attempt to violate, or otherwise fail to comply with any of the memberpages.app Terms or any laws or requirements applicable to your use of the memberpages.app Services.

22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

2. Intellectual property and Ownership

2.1 As between memberpages.app and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. memberpages.app does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You also know that By uploading Course Content, you agree: (a) to allow other internet users to view your Course Content and (b) that by making your site public, you agree to allow others to view your Course Content.

2.2 All rights, title and interest in and to the memberpages.app Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the memberpages.app Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to memberpages.app.

Subject to your full compliance with the memberpages.app Terms and timely payment of all applicable Fees, memberpages.app hereby grants you, upon creating your User Account and for as long as memberpages.app wishes to provide you with the memberpages.app Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the memberpages.app Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the memberpages.app Terms, and solely within the memberpages.app Services.

The memberpages.app Terms do not convey any right or interest in or to memberpages.app’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the memberpages.app Terms constitutes an assignment or waiver of memberpages.app’s Intellectual Property rights under any law.

3. Payment of Fees

3.1. The use of certain memberpages.app Services may be subject to payment of particular fees, as determined by memberpages.app in its sole discretion (“Paid Services” and “Fee(s)”, respectively). memberpages.app will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

3.2 memberpages.app reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, memberpages.app shall have the right to automatically and without notice renew your subscription to such memberpages.app Service(s) at the full applicable Fee.

3.3 All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by memberpages.app. To the extent permitted by law (and unless specified otherwise by memberpages.app in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the memberpages.app Services, or to any payments or purchases made by you. If memberpages.app is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). memberpages.app is not responsible for any such additional fees or costs.

3.4 As part of registering or submitting information to receive Paid Services, you also authorize memberpages.app (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries memberpages.app or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). You must keep a credit card stored with memberpages.app to pay for your Paid Services (“Stored Card”).

3.5 The service will be billed in monthly or yearly intervals. Invoiced can be viewed or downloaded inside of your member dashboard. Users have approximately two days to bring up and settle any issues with the billing.

3.6 Subscription Auto-Renewals. In order to ensure that you do not experience any interruption or loss of services, certain Paid Services will be automatically renewed at the end of the applicable subscription period. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.

3.7 Chargebacks. If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your memberpages.app account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the memberpages.app Services may be automatically disabled or terminated.

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss.

Your use of the memberpages.app Services will not resume until you re-subscribe for any such memberpages.app Services, and pay any applicable Fees in full, including any fees and expenses incurred by memberpages.app and/or any Third Party Services for each Chargeback received (including Fees for memberpages.app Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

3.8 memberpages.app does not provide refunds.

4. Cancellation and Termination.

4.1 You may discontinue to use and request to cancel your User Account and/or any memberpages.app Services at any time, in accordance with the instructions available on the memberpages.app Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the memberpages.app Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

4.2 Failure to comply with any of the memberpages.app Terms and/or to pay any due Fee shall entitle memberpages.app to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related memberpages.app Services (e.g., Paid Services) or Third Party Services to you.

4.3 If your User Account or any memberpages.app Services or Third Party Services related to your User Account are cancelled (whether at your request or at memberpages.app’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). memberpages.app shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any memberpages.app Services following their cancellation, as determined by memberpages.app in its sole discretion.

5. Modification of services. memberpages.app reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice. memberpages.app shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

6. E-Commerce

Member Pages Services also include certain features which enable you to sell goods, content, media and services through your User Platform (“User Products”, and collectively – “E-Commerce”).

7. Third Party Services

Member Pages Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience.

8. Abuse and Copyrights.

8.1 When using the memberpages.app Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against memberpages.app with respect thereto. If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the memberpages.app Services, please immediately report such User and/or Third Party Service to us. You agree that your report shall not impose any responsibility or liability upon memberpages.app, and that memberpages.app may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

8.2 memberpages.app acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement by providing the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit memberpages.app to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

In the event that memberpages.app receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section may be deemed accepted, applicable and compliant with the DMCA, or not, at memberpages.app’s sole reasonable discretion. memberpages.app reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

9. No Warranties.

We provide the memberpages.app Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the memberpages.app Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the memberpages.app Services – so please be sure to verify those before using or otherwise engaging them.

memberpages.app may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may memberpages.app be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the memberpages.app Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, memberpages.app shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the memberpages.app Services and/or connecting and/or dealing with any Third Party Services through or in connection with memberpages.app Services, and that memberpages.app cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

memberpages.app does not recommend the use of the memberpages.app Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

10. Limitation of Liability.

To the fullest extent permitted by law in each applicable jurisdiction, memberpages.app, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the memberpages.app Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the memberpages.app Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the memberpages.app Services; (6) events beyond the reasonable control of memberpages.app, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of memberpages.app Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for memberpages.app’s services to you, and such limitations will apply even if memberpages.app has been advised of the possibility of such liabilities.

11. Indemnity

You agree to defend, indemnify and hold harmless memberpages.app, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other memberpages.app Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the memberpages.app Services, including, without limitation, memberpages.app Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

12. Governing Law & Jurisdiction; Class Action Waiver

The memberpages.app Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the memberpages.app Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the memberpages.app Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Utah, without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the State of Utah.

Subject to any applicable law, all disputes between you and memberpages.app shall only be resolved on an individual basis and you shall not have the right to bring any claim against memberpages.app as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

13. Notices

We may provide you with notices in any of the following methods: (1) via the memberpages.app Services, including by a banner or pop-up within the memberpages.app Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. memberpages.app’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

14. Relationship

The memberpages.app Terms, and your use of the memberpages.app Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between memberpages.app and you.

15. Assignment

memberpages.app may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the memberpages.app Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of memberpages.app. Any attempted or actual assignment thereof without memberpages.app’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎shall not in itself grant either memberpages.app or you the right to cancel any memberpages.app Services or Third Party Services then in effect.

16. Severability & Waivers

If any provision of the memberpages.app Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the memberpages.app Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

17. Waiver and Complete Agreement

The failure of Member Pages 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 Member Pages and govern your use of the Service, superseding any prior agreements between you and Member Pages (including, but not limited to, any prior versions of the Terms of Service).