EZ Pleating System Subscription Agreement
This is an agreement between you and Media Jelly, Corp., the owner of the EZ Pleating System, and the websites known as www.ezpleating.com.
Please read this agreement carefully. It governs your EZ Pleating subscription, including any software, content, materials, or services that you receive through the subscription. By completing the purchase of a EZ Pleating System subscription, or by using or accessing the EZ Pleating System subscription, you confirm that you agree to this subscription agreement. If you do not agree, do not purchase or activate a EZ Pleating System subscription or access any subscription benefits. A EZ Pleating System subscription is intended to allow window treatment professionals and soft goods fabricators to streamline the pleating processes, increase pleating efficiencies, calculate pleating and yardage instructions, generate yardage and pricing estimates, and maximize productivity when it comes to fabricating pleated drapery, in accordance with the terms of the subscription.
Please note that Media Jelly, Corp. does not provide warranties for the EZ Pleating System subscription. This agreement also limits Media Jelly's liability. The applicable warranty and liability terms are specified in sections titled "DISCLAIMER OF WARRANTY" and "LIABILITY LIMITATION".
- Who may use the subscription
In this agreement, "you" means the named, designated subscriber who has a valid subscription. Only one person may use or access a single subscription or any subscription benefits. If the subscriber is a company, the company must assign the subscription to one person within the company, and only that person may use or access the subscription or any subscription benefits.
- Access to software, materials and associated benefits.
The subscription provides you with access to content, materials, Internet based software, and associated benefits. When your subscription concludes, you will no longer have access to your account and any data associated with your account will be destroyed. You must discontinue any use of our software, materials and associated benefits. Media Jelly is under no obligation to save any data associated with your subscription when your subscription concludes.
- Changes to the subscription benefits
Media Jelly reserves the right to change the benefits available under the subscription at any time without any notice to you, such as which software services are made available, features that may be added or removed from the software, or the duration of new or existing subscriptions.
- Privacy and protection of personal information
To provide the subscription, Media Jelly collects certain information about you. Media Jelly may also automatically upload information about your computer, your use of the subscription, and subscription performance. Media Jelly uses and protects that information as described in the EZ Pleating System Policy Statement. In particular, Media Jelly may access or disclose information about you, including the content of your communications, in order to (a) comply with the law or respond to lawful requests or legal process, (b) protect the rights or property of Media Jelly or our customers, including the enforcement of our agreements or policies governing your use of the service, or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Media Jelly employees, customers, or the public.
The subscription is delivered through the public Internet and is hosted on a Media Jelly server. Media Jelly retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers, or stop you from violating this agreement. The technology or other means Media Jelly uses may hinder or otherwise affect your use of the subscription.
The subscription requires activation. You are permitted to activate and use the subscription in any geographic region in which you purchased the subscription. Only you or a named employee of your company are permitted to access the subscription, software, and associated benefits. Accounts in good standings may access the subscription from any device such as a computer, tablet or smart phone, and may not login from more than one device at any given time.
- Ending the subscription
You may cancel your subscription at any time without refund. To cancel your subscription, login to your account and click the "Cancel Subscription" link on the home page and follow the cancellation instructions. If your subscription is set to automatically renew, your credit card will be charged the published renewal fee within seven days of the expiration of your subscription. If we are unsuccessful in charging your credit card for the renewal, your subscription will expire. If you wish to let your subscription expire withouth automatically renewing, login to your account and click the "Cancel Subscription" link on the home page and follow the instructions to disable automatic subscription renewal. Media Jelly may suspend or terminate your subscription if Media Jelly believes that you have failed to comply with any part of this agreement. If your subscription ends for any reason:
- you must stop using the subscription, related materials, and any benefits associated with the subscription, and
- we have the right to terminate your account and destroy any and all data associated with your account.
- Support services
Email support services are provided as a part of the subscription, at no additional cost. Telephone support, onsite support, and other non-email related support may be subject to separate terms and additional cost. Any support services offered as a part of the subscription must be used solely to support your use of the subscription. Support will only be provided to you, or in the event that the subscriber is a company, to the one named person within the company whom the account has been assigned to.
Media Jelly retains the right to deactive the subscription for maintenance and improvements. When www.ezplating.com and the subscription services are deactivated, a message will be posted on the home page of www.ezpleating.com notifying subscribers of the reason for deactivation and when the services will be restored. Media Jelly will make every effort to perform maintenance and improvements after normal business hours and minimize the length of time that the services will be deactivated. In the event that Media Jelly anticipates that maintenance and improvements will result in disabling the subscription for more than thirty mintues, the maintenance will be scheduled in advance, and a notification will appear on your home page informing you of the scheduled maintenance at least seven days in advance.
- Payment processing
Media Jelly reserves the right to process credit card payments through a third party, a payment processor, or any other payment processing center of their choice. We do not accept cash, checks or any form of payment other than credit card payments unless agreed upon separately and in writing.
- Software customization
You are agreeing to use our subscription services and software as is without modifications. Media Jelly is under no obligation to customize any software, features or functionality to meet your needs. If Media Jelly agrees to modify the software, or any part of our services to meet your specific needs, you may be subject to separate terms and additional cost. Any modifications made at your request, and paid for by you or your company, become the sole property of Media Jelly. Any customizations that have been paid for by you will be available to you until, for any reason, your subscription is canceled.
- Entire agreement; assignment and transfer
This agreement, and the supplements, updates, Internet-based services and support services that you use, are the entire agreement for the subscription. Media Jelly may assign this agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the service without written permission.
- Applicable law
United States: If you activated the subscription in the United States, New Jersey law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
Outside the United States: If you live in any other country, the laws of that country apply.
- Effect of local laws
This agreement describes certain legal rights. You may have other rights under the laws of your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
- DISCLAIMER OF WARRANTY
Media Jelly provides the subscription and the software available through it "as-is," "with all faults," and "as available." You bear the risk of using the subscription and the software. We do not guarantee the suitability, reliability, availability, or accuracy of the software or any other benefits available from the subscription, or that your access to the software will be uninterrupted, secure, or error-free. Media Jelly gives no express warranties, guarantees, or conditions. We disclaim all warranties with regard to the subscription and the software, including any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement). You may have additional consumer rights under your local laws that this agreement cannot change. This paragraph applies instead of any express warranty provided in the license terms that accompany any software. All such express warranties are excluded.
- LIABILITY LIMITATION
You can recover from Media Jelly and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This applies to anything related to this agreement, for example
anything related to the subscription, software, services, content (including code) on third party Internet sites, or third party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Media Jelly knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.