Acceptance of Terms
By accessing or using the Trendsap website (“Site”) or mobile application (the Site and application are collectively referred to as “Services”) in any way you agree to and are bound by this Terms of Service (“TOS”).
Trendsap is owned and operated by Trendsap, LLC (“Trendsap”). Trendsap reserves the right to change the TOS and other guidelines or rules from time to time at its sole discretion. Your use of the Services will be subject to the most current version of the TOS, rules and guidelines on the Services. Your continued use of the Services, or any Materials or Services accessible through it, will constitute acceptance of the modified Terms. If you breach any of the terms in this TOS, your license to use these Services will be immediately terminated. Trendsap reserves the right to revoke User’s license to use these Services at their sole discretion.
1. License
Trendsap grants User a limited non-exclusive, non-transferable license to use the Services within the United States. User agrees and acknowledges that all uses of the Services are for the sole purpose of the commercial benefit of User, and may not be used to benefit any third party, including service bureau services. This license grants User the rights to use the Trendsap software installed on User’s system and the rights to use the documents provided through the Services for the purposes described in this section. This Agreement does not grant User or any other person or entity any license or other intellectual property rights under any patent, copyright, license or other intellectual property right of Trendsap. Trendsap is the sole and exclusive owner of all intellectual property that arises out of the Services or this Agreement.
User may not attempt to alter the source code of the Services or make any attempt at reverse engineering or use the Services for any purposes not expressly set forth through this Agreement. Furthermore, User will not remove or alter the Trendsap name, logo, or other identifying marks from the the documents produced by Trendsap for User. Any improvements or modifications made by user to the Services, Services, or any Trendsap product or services are assigned to Trendsap without any further consideration beyond the license granted in §1.1. Under no circumstance may User be entitled to, or receive, any intellectual property rights beyond the limited license granted in §1.1.
User agrees and acknowledges that User is solely responsible for ensuring they have the proper systems with the necessary resources available for the the use of the Services, which includes all web enabled devices owned and operated by User or User’s employees, agents, or any party under User’s control where User grants access.
2. User Account and User Names
Trendsap may ask for details about User in order to ensure proper use of the Services. This will include User’s first and last name, address, e-mail address, gender, date of birth, and company name (if applicable) and industry. Trendsap reserves the right to alter the personal details required for use of the Services at any time. User agrees to provide Trendsap with accurate information when signing up to use the Services.
User is solely responsible for ensuring that only the proper parties have access to User’s account. It is User’s sole responsibility to regulate access to the Services provided by Trendsap, and manage all parties who receive access to the Services through this Agreement.
User is solely responsible for ensuring the security of their login information and password. User must notify Trendsap of any unauthorized use of their account or account information.
3. Use of the Services.
User hereby represents and warrants that all images and other forms of content uploaded to Trendsap does not infringe on the intellectual property rights of any third party. User fully indemnifies and holds harmless Trendsap for any intellectual property action which may arise out of use the Site, Services, or this TOS. User assumes all risk and is solely responsible for any and all liability resulting from access to the Site or Services in a way that violates (or that produces content that violates) any law or the rights of others including, but not limited to, laws concerning copyright infringement. User further agrees to notify Trendsap of any infringement occurring on the Site via e-mail at support@trendsap.com.
User agrees and acknowledges that Trendsap may collect and use technical data and related information, including but not limited to technical information about Your device, system and Site software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services related to the Site. Trendsap may use this information, as long as it is in a form that does not personally identify User, to improve its products or to provide services or technologies to User.
Trendsap may charge for access to the Services. All payments will be through PayPal, a third party service. User’s use of PayPal will be subject to the PayPal user agreement. User agrees and acknowledges that Trendsap will not be responsible for User’s use of a third party service or website through the Service.
User agrees not to modify, adapt or translate any code on the Site. User further agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site. User further agrees not to upload any viruses or malicious code.
User agrees not to use the Site to harass or spam other users with unwanted messages or other unsolicited content. Trendsap may, at in its sole discretion, determine whether or not content or posts are inappropriate. User agrees and acknowledges that if Trendsap determines that User has used their account to harass or spam other users of the Site or Services, that Trendsap may restrict or terminate User’s account.
User may not use automated tools such as spiders, scrapers, or any type of bot on the Site or Services. User may not use any tool, program, or other means which may place a heavy load on the Site’s server or infrastructure. Trendsap in its sole discretion will determine what constitutes a heavy load on its servers, Site, or infrastructure.
Trendsap will moderate all images uploaded by User. User agrees and acknowledges that Trendsap may, in its sole discretion, remove any image or other uploaded content it deems inappropriate. All visual content must contain the subject wearing clothing which covers their genitals, buttocks, and nipples. The subject may not wear clothing or body paint which allows genitals, buttocks, or nipples to be visible. Visual content may not depict or imply acts of sexual activity or violence, and may not show any bodily fluid. Furthermore, uploaded content may not contain links to third party websites. User agrees and acknowledges that any violation of the terms of this section may result, in Trendsap’s sole discretion, the restriction or termination of User’s account.
4. Warranties
Except as expressly provided otherwise in a written TOS between User and Trendsap or User and a third party with respect to such party’s materials or services, this Services, and all Materials and Services accessible through this Services are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. User assumes all risks associated with use of these services. In no event, including, without limitation, negligence, will Trendsap, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Trendsap has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use the Services, Services, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Services that are delayed or interrupted, or any web Services referenced or linked to or from this Services. Trendsap is not responsible for any loss User may incur through misuse of the Services or failure to abide by the terms in this TOS.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL Trendsap BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Trendsap HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event will Trendsap’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
5. Miscellaneous
- User will indemnify, defend and hold Trendsap, its Affiliates, current and former directors, members, officers, employees, contractors, stockholders, agents and representatives harmless against all claims, suits, demands, allegations, investigations or other actions and any damages, fines, costs, losses, fees, settlements arising therefrom (“Claim(s)”) relating to any breach of this TOS by User, any illegal activity involving the Services by User, or unauthorized modification of the Services by User.
- The rights and responsibilities granted by through this Agreement may not be assigned by User without Trendsap’s prior written consent.
- This TOS will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
- If any term or provision of this TOS is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or determination that a term or provision was unenforceable will not affect any other term or provision of this TOS or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, this TOS will be modified so as to reflect the original intent of the parties as closely as possible.
- This TOS will be governed by and construed in accordance with the internal laws of Illinois without giving effect to any choice or conflict of law provision or rule (whether of Illinois or any other jurisdiction). Any legal suit, action or proceeding arising out of or based upon this TOS must be instituted in the courts of Cook County, Illinois, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or any proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.